Loading...
HomeMy WebLinkAbout10-2354N r-- - ' . 1 c_J -J IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA y?. CACV OF COLORADO. LLC. VS. NO: iD-(R354 aJEFFERY FELTENBERGER NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the 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 fourth 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 of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other 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 THIS 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. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 4ga.00 Pa ATN c?' ac?c?4g ayoiqlr Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACV OF COLORADO, LLC. 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: JEFFERY FELTENBERGER 432 W SHADY LANE ENOLA, PA 17025 COMPLAINT To: JEFFERY FELTENBERGER 432 W SHADY LANE ENOLA, PA 17025 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 are served. By entering a written appearance personally or by 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 the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other 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 LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACV OF COLORADO, LLC., by its attorney Harrison Ross Byck, by way of complaint against Defendant JEFFERY FELTENBERGER, avers the following: 1. Plaintiff, CACV OF COLORADO, LLC., is a Colorado limited liability company doing business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237. 1. Defendant, JEFFERY FELTENBERGER, is an individual residing at 432 W SHADY LANE, ENOLA, PA 17025. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, JEFFERY FELTENBERGER, is indebted to MARYLAND NATIONAL BANK,N.A. on an account stated by and between them in the amount of $11,535.41 which balance was due and unpaid as of August 30, 2004, for credit card account number 5490994997924303. <Exhibit A> 4. On or about September 16, 2004, MARYLAND NATIONAL BANK,N.A. sold the debt for good and valuable consideration to plaintiff, CACV OF COLORADO, LLC. <Exhibit B> 5. The Defendant, Jeffery Feltenberger, last tendered a payment on September 30, 2008. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $5.6824 per day from the default date ( 17.980% annual percentage rate x $11,535.41 / 365 days) or $5.6824 x 449 days = $2,551.39; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $219.00 and reasonable attorneys fees of $2,307.08 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $16,612.88 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $16,612.88 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $16,612.88 together with other interest and costs of suit. Date: December 23, 2009 EXHIBIT A 540.0-7 q xjq q x-91 zi43o3 ?I Manafleld Unhremity N 5490 9946 5400 7533 Foundadon, inc. PAYMENT DUE DATE NEW I?LANCE TOTAL CARDNDLDER SINCE 2000 09108104 514,204.43 TOT MINIMUM PAY NT DU LINT ENCLO rw Allis eMek , :1 . 762 Feyesre 10: MBNA AMERICA 09 ?? P.O. BOX 15137 WILMINGTON, DE 19886-5137 JEFFERY FELTENBERGER TOA VALLEY RD ETTER5 PA 1T319-891370 S 90000000090000000000000000000000000901429443001762000901GY90994654007533 S •0131d2330012050620000000000000000000142044E001762000008490994i54007533 DAYS IN TOTAL MINIMUM CCOUNT NUMBER CREDIT LINE CASH OR CREDIT AVAILABLE CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE DATE 5490 9946 5400 7533 $12.800 32 08/10/04 ;1,762.00 09/08/04 STING TRANS REFERENCE III TRANSACTIONS CHARGES CREDITS (CPO TE DATE NUMBER P AUGUST 2004 STATEMENT OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS ANNARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE revlous Wh nl+ Cash l FGY + Purchases t Penod1c Rata t Transfalon . Maw Balnce set Dueue Aeount 41.25.0041.25.00 anes nd Credits Advances [ &Adjudmants Finance ChaMse Finance Charles Total urent Payeent ;37.0 {13,982.39 00 00.00 00. 10.00 1222.10 10.00 {11,201.13 Total Rln Paw"nt Due {1,762.00 NANCE CHARGE SCHEDULE Parl k C Correaaporbinq B81ance wtyory Rate Annual Subject to FOR YOUR SATISFACTION EVERY HOUR EVERY DAY A. BALANCETRANBFER. CHECKS .049200%DLY , , Pertantage Rato Tanana Charges - For our automated Direct Connect servia, call 17 98% 00 00 8. ATIA BANK .... - .. .040190% DLY PURCHASES 0 . . I-SCO-7064M 17.90% 90.00 - To speak 10 one of our Customer Safi diction repreae"wwas, . ........ .040200% DLY 10OTHER BALANCES, ..... .000000% DLY 17.90% 014, 009.62 Cali 1-000-799-67011 0400% 00.00 R TXI6 BIWNO PERIOD For TDD (Tateoommunloatlons Device for the Dean UAL PERCENTAGE RATE... 17.98% assistance, call Inquaw PYrhak Rate Ana Trseetilen Fee Flnana CM eS) 1-900 349 3179 HIS DOCUMENT IS A COPY OF YOUR STATEMENT. IT 18 FOR Billing rlglRS are preserved only by written Inquiry. UR RlOOROS ONLY. THIS COPY IS NOT AN EXACT DUPLICATE Mail bifflrp fngWrtas and all Other Account InquiRes to; NO MAY NOT INCWDE AN1SlAOES wNlCil APPEAR IN THE PAGE 1 OF 1 MBNA AMERICA P.O. SOX 16028 MPONTANT NEwa BLOC' ON YOUR C IWINAL PERIODIC STATEMENT . WILMINGTON. DE 19890-60129 Mansfield University ACCOUNT NUMB 90 9946 5400 7533 Founcefion, Inc. PAYMENT DUE DATE NEW BALANCE TOTAL CARDHElLDlR SINCE 2000 1 06/09/04 $13.982.33 TOT MINIMUM PAYM O E AMOUNT ENCLOSED M.b Cheek $1,525.00 P"ble to: MBNA AMERICA 09 P.O. BOX 15137 WILMINGTON, DE 19886-5137 G JEFFERY FELTENBERGER 70A VALLEY RD ETTERS PA 17319-891370 S 00400000000000000000000000000000000001398233001525000005490994654007533 S O41406144001203062000000000000000000413952380015250000054909!4654007533 DAYS IN TOTAL MINIMUM UNT NUMBER CREDIT LINE CASK OR CREDIT AVAILABLE CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE DATE 5490 9946 5400 7533 $12,800 30 07/09/04 1 $1,528.00 08/00/04 _ STING TRANS REFERENCE CA TRANSACTIONS CHARGES CREDITS (Cot) ATE DATE NUMBER ,a JULY 2004 STATIMM PA AND C1111011111 0610 17100078080 MC EXPRE88PAVIUM-THANKYOU 325.00 CR 0623 17500200467 SAC PAYMENT-THANKYOU 325.00 CR CAN ADVANCE TRANBACTIONO 0023 0610 171000700(13 MC B OHEOK RETURNED UNPAID 325.00 WWTMEYTi FW C 063 0020 17108070033 MC C RETU HECK FEE 39.00 TOTAL FOR BILLINO CYCLE FROM 11MO/2004 THROWN 7/00/084 0364.00 0650.00 CR OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTA r I UMMARY OF TRANSACTION I TOTAL MNIMUM PAYMENT DUE revious P moots + Cash Bal i d + Purchases + periodic Rate 1+ Amoun1 Balance ast sus t x1,268.00 i i T h ance an Cred te Advances wmen OAdjustroants Finance Charges Fin a tp, i o l urrsnt Parent x260.00 014,061.{. x650.00 0325.00 x39.00 $206.09 x0.00 513,952.33 otal NSA Patraent Due 01,525.00 NANCE CHARGE SCKEDUIF Period lC C t C01Ta Ing Balance e araory Rata Annual Subject to FOR YOUR SATISFACTION EVERY HOUR EVERY DAY , , Percentage Rats Rnance Charges For our automated Direct Connect service cal( A BALANCE TRANSFER C>1L:= .040200% DLY , 17.80% 00.00 1000 7„-eEE3 8. ATM, BANK ....... .0401001E IDLY C PURCFtAM 17.08% 40.00 To speak to one of our Customer Satisfaction representatives, . ........ .040200li DLY D. OCHER BALANCES...... .000000% IDLY 17.00% 013,999.63 call I-800,780.8701 00600% 00.00 POR THIS aILLNO PERIOD - For TDD (7a laoommunlcaflons Device for the Dent) NUAL PERCENTAGE RATE ... a/ 1 7.98% asststenea, qll (MeWe Perioehl Ra1? AM TFWAKtlon FN F mnft Ch@rpW 1-800-318.3178 TKIS DOCUMENT 15A COPY OF YOUR STATEMENT. IT IS FOR - Billing fights are preserved only by written Inquiry. YOUR RECORDS ONLY. T141S COPY IS NOT AN E11ACT DUPLICATE Mall billing inquiries and all other account inquiries to: AND MAY NOT INCLUDE MESSAGES WHICH APPEAR IN THE PAGE 1 OF 1 MISNA AMERICA P.O. BOX 15028 IMPORTANT NEW, BLOCK ON YOUR ORIGINAL PERKIDIC STATEMENT . WILMINGTON. DE 18850.6026 0 N NUMBER p Mansfield Univeralty 5490 9946 5400 7533 Foundation, Inc. PAYMENT DUE DATE NEW 9A CE TOTAL CARDMLDER SINCE 2000 07/0@/04 $14,061.44 TOTAL MINIMUM PAYMENT DUE AMOUNT CL SE Mate check $1,590 p gable m: MBNA AMERICA 09 P.O. BOX 15137 WILMINGTON, DE 19886-5137 E JEFFERY FELTENBERGER 70A VALLEY RD ETTERS PA 17319-891370 S 0000000000000000000000000000900000000140i144001590000005490994654007533 3 0013816490012030620000600606006000000140614400159$0000054909946W007533 DAYS IN TOTAL MINIMUM CCOUNT NUMBER CREDIT LINE CASH OR CREDIT AVAILAW CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE DATE 5490 9946 5400 7533 $12.800 30 06/09/04 $1,590.00 07/08/04 ee NG TRA NCE IrAN S NS RE M CHARGES CREDITS C TRANSACTIONS A D O MTE E alINOE Y004 $TATE0IENT PAY111111111111711 AND 0820 14190070092 MC EXPFIM PAYMENT-THANKYOU 325.00 CR 0625 146007ti9410 MO PAYMENT•THANKYOU 325.00 CR ADVANIT N NPA P 0020 064!0 14190070002 MC B ID RETUR ED 325.06 CHEOK UU 0628 0605 14000700440 MC B CHECK RETURNED UNPAID 326.00 USTMENTi AND ADJ RN0 064$5 0625 141900790352 MC C RETU 39.00 51ECKFEE TOTAL FOR 811L4N0 CYCLE FROM 6/11/2004 THROUOM 9/00/2004 0689.00 0660.00 CR OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR SAIANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS MMARY OFT SACTMO TOTAL MINIMUM PAYMENT OUR Previous • Payments + COS" Pwchases + PeflOdk Rah + Trensactlon a New Balance ast Due Aaaunt $1,833.00 9alanee and Credits Advances j l?adjustmants Finance Cheogaa frinanee Chmrgee Total urrent Pasant {254.00 F s1a,a16.49 $650.00 $650.00 $39.00 $205.95 $0.00 $14,061.44 T otal "in Payment Due $1,590.00 RANCE CHARGE SCHEDULE Parlodlo Corresepolging Balance Category Rate Annual Subject to FOR YOUR OATISFACTIOM, EVERY HOUR, EVERY DAY Percentage Rate Finance Charges - For our automated Direct Connect service call A BALANCETFIANSFER, CHECKS .0902190%IDLY , 17.90% $0.80 1-EOo-7964M B. ATM. HANK........ .0400D0%DLY 17.00 00.00 To speak to one of our Customer Satisfaction representatives C PURCHASER ........ 104029076 IDLY D. OTHMIIALANCES...... .000000%DLY , 17.90% 913, 936.51 cell 1 000 780 6701 00.00% $0.60 For TOD (Telecommunications Device for the Deaf) POR'UALPER ERs CEMTAtNNTA: RATE . . . UA 17.98% assistance. Cott (Inciuiw Periodic NOW AM Transaction In Flrenee cfaryeal 1-SOD-3163175 THIS DOCUMENT ISACOPY OF YOUR STATEMENT. IT IS FOR ' Billing rights are preserved only by written Inquiry. YOUR RECORDS ONLY. THIS COPY la NOT AN EXACT DUPLICATE Mail billing inquiries and all other account inquiries to: 0 MAY NOT INCLUDE MEaL1OES WHICH APPEAR IN THE PAGE 1 OF 1 M911A AMERICA P.O. SOX 1Q026 IMPORTANT MM N K ON YOUR ORIGINAL PERIODIC STATEMENT. WILMINGTON DE 18860.3046 ACCOUNT NUM R Mansfield University 5490 9946 5400 7533 Foundation, Inc. PAYMENT DUE DATE NEW BALANCE TOTAL CARDHIOLDER SINCE 2000 06/08/04 313,816.48 TOTAL MINIMUM PA ! T DUE UNIT D M.1.C)mCk 0 $11,331.00 Fgeble m. MBNA AMERICA 09 P.O. BOX 15137 WILMINGTON, DE 19886-5137 E JEFFERY FELTENBERGER 70A VALLEY RD ETTERS PA 1T319-891370 s otooeoeooeooeeoeooeoooeeooeoeeteteoeol381649ee1a33eeoets49e9946a4oe7aaa 3 0013935830012030620000e00e0e00e00000013816490e1331e00005490994654007533 DAYS IN TOTAL MINIMUM URT RUMMER CREDIT LINE CASH OR CREW AVAILAALE CYCLE CLOSING aATE PAYMIINT DUE PAYMENT DUE DATE 5490 9946 5400 7533 $12,800 30 05/10/04 31,331.00 06/08/04 STING TRANS REFERENCE a G SADTIONS CHARGES CREDITS (CR) TF DATE NUMBER S MAY 2006 STATEMENT PAYM 0490 121te67S031 MC EXPREGS PAYMENT•THANKYOU 50.08 CR TOTALRO81LL111RCYCLEFROM 411112004THROURN 5H0/4004 0.00 0325.00 CR OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPOR TS SUMMARY OF TRANSACTIONS 70TH MINIMUM PAYMENT DUE Previous Payments + Cash + Purchases + Periodic Rata + Transaction - Now Balance ast Do* Amount >R1,11.00 1 its Satance end Crad Advances dJW)ustmer" Finance Charges Finance Changes Total rent Payment $220.00 $13,995,93 $325.00 $0.00 $0.00 x205.66 $0.00 513,016.49 stel Min Peyaent Duo $1,331.00 NANCE CHARGE SCHEDULE Parlodlc COnesaperlding Boo snce l aiepery Rate Annual Subject to FOR YOUR sATHiFACT101" EVERY HOUR EVERY DAY , Parton" Rate Finance Charges - Por our sub* mated Dlrad Conned *Wea call A. SALANOETRANSFER. CNECKB .040200%DLY , 17.06% $8.00 1-800, 8. ATM, BANK ....... .0490 % DLY 17.56% 00.00 - To spook to one of our Customer Satisfaction rprosentatlves C. PURCHASES ........ .040200% DLY M OTHER BALANCER...... .000000% DLY , 17.00% 013, 916.37 call 1-900-780-67011 00.00% 00.00 FOR THIS BILLING PERIOD For TOO (TN60ommunicadons DrAm for the Deaf) ANNUAL PERCENTAGE RATE... ".9S?r assistance, call (Ifowes Perleele Rob And Tmnnetion Fee Flnena Chi 1-80044x3170 THIS DOCUMtINT IS A COPY OF YOUR STATEMENT. IT IS FOR BIII Ing rights am preserved only by written Inquiry. YOUR RItCOROS ONLY. THIS COPY IS NOT AN DACT DUPLICATE Mail tilling inquiries and all other account inquiries to: AND MAY NOT INCLUDE MESSAGES WHICH APWAR IN THE PAGE 10F 1 MIBNA AMERICA P.O. BOX 11028 IMPORTANT NEWS K= ON YOUR ORIGINAL PERIODIC STATEMENT . WILMINGTON DE 18S5D4= NT NU N Mansfleid University 5480 8846 5400 7533 [ Foundadon, inc. I- I PAYMENT DUE GATE NEW BALANCE TOTAL CARDHOLDER SINCE 3000 1 05/08/04 $13,835.83 TOT MINIMUM PAYMENT DUE AMOUNT FN 0 M.I. check $1.436.00 IryWle tw MBNA AMERICA 09 P.O. BOX 15137 WILMINGTON, DE 19886-5137 JEFFERY FELTENBERGER E 70A VALLEY RD ETTERS PA 17319-891370 S aces 90eSoo00090060Bocce Sees* 0900900091395MOo143see0ee5490994654e07553 S 0914039510912039629000009090900o000e01393503901436eee9054999!46&4007533 DAYS IN TOTAL MINIMUM UNT NUMBER CREDIT UNE CASH OR CREDIT AVAILABLE CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE DATE 8490 8846 5400 7533 =12,800 32 04/10/04 $1,436.00 05/09/04 STING NFERENCE RD TRANSACTIONS CHARGES CREDITS (CR) TE DATE NUMBER Pc APRIL 2004 STATEMENT PAYMENTS 0331 00190979030 YC EVNEW PAYMENT-M"KYOU 325.00 CR TOTAL FOR BILLING CYCLE FROM $11012004 TNROUON 4/10/2044 0.00 0325.00 CR OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORT ? ? UMMARY OF TRANSACT)ON$ TO7AL MONtNiM PAYMENT DUE Previous Payments + Cash + Purchases + PalodiCRate t Transao0on New Balance sat o Amount ¢1,200.00 Balance and Credits Advances 6JMlustmanta FleanceChereas Pirlan0e Clleryae Total urrsnt Payment }236.00 ¢34,059.59 }325.00 00.00 00.00 }273.29 }0.00 013,935.03 otal "in Payment Due ¢3,436.00 FINANCE CHARGE SCHEDULE Period'- Correseponding Balance CatpGry Rate Annual --,ad to FOR YOUR SATNIFACTION. EVERY HOUR, EVERY DAY Percentage Rata R nand Chergas For our automated Dire d Conned servlce, call A. BALANCETMNSFER, CHEM .04som DLY 17.90% 00.40 14100-790 B. ATM, BANK ....... .049200% DLY 17.90% 00.09 - To speak to oM of our Customer Sabdaetlon representatives, 0. PURCHASES ........ .049200% DLY 17.09% 014j635.32 al I 1-800.7096701 M OTHER BALANCER...... .000000% DLY 00.00% 00.00 For TOO {Telecommuni ti D i f h O FOR THIS BILLING PaR100 ' 7.98,E ANNUAL PERCENTAGE RATE... ca ce ons ev eaq or t e asslolanee, cell ixluso Perlodk New And Tra mecdoe 149 Fine= CINMW 1.800.3463178 THIS DOCUMENT IS A COPY OF YOUR STATEMENT, IT 19 FOR Billing rights am preserved only by wMt w inquiry. YOUR RECaiDi ONLY. THIS COPY IS NOT AN EXACT DUPLICATE Mall billing Inquiries and all other account inquiries t0: AND MAY NOT INCLUDE MESSAGES WHICH APPEAR IN THE PAGE 1 OF 1 MBNA AMERICA P.O. BOX IS= IMPORTANT NEW! BLOCK ON YOUR ORIGINAL PERIODIC STATEMENT. WILMINGTON DE 1005D411020 Mansfield University NT NUMB 90 9946 5400 7533 Foundation, Inc. PAYMENT DUE DATE NEW BALANCE TOTAL CARDHOLDER SINCE 2000 04/09/04 14.039.59 TOTAL MINIMUM PAYM NT DU NT ENCLOSED ? as efinelc $1.52r .00 J =6 1019 10: MBNA AMERICA 09 P.O. BOX 15137 WILMINGTON, DE 19886-5137 E JEFFERY FELTENBERGER 70A VALLEY RD ETTERS PA 17319-891370 S 0000009009000less 09oleo 990909990Go09014039590015t5999995499994654097533 S 90141150190120256209009009990008999001493959091525890005490994664097533 DAYS IN TOTAL MINIMUM UNT NUMBER CREDIT LIME GSM OR CREW AVAILABLE CYCLE CLOSING DATE PAYMENT DUX PAYMENT DUE DATE 5490 9946 5400 7533 $12,600 29 03/09/04 11 $1,525.00 04/09/04 STING MN8 REFERENCE lk-Aa D TRANSACTIONS CHARGES CREDITS (CR) TE DATE NUMBER MARCH 2004 STATEMENT PAYMENTSANDCMTI 0220 05199979029 MC EXPRESS PAYMENT -THANK YOU 325.90 CR 0226 05700200425 MC PAYMENT -THANK YOU 325.00 CR 0308 00"=7994 610 IXPREINIPAYMENr-THANKYOU 325.09 CR CAIN AUVANCE 0226 0290 05140079020 MC 8 CHECK RETURNED UNPAID $0.00 0302 0220 057001299428 MC B CHECK RETURNED UNPAID 325.00 PURCHASES AND ADJUSTMENTS 0217 0217 04VJ10304 MC C FEE FOR STATEMENT COPY 5.09 0220 0228 05199979020 MC C RETURN CHECK FEE 39.09 TOTAL FOR OILLOO CYCLE FROM 4/10/2004 THROUGH 9100/2004 0694.00 $975.90 CR OUR RECORDS SNOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT NEWS MMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUa t Cash + Purchases. + PalledIc RaN + Transadlen a Hw„ Oda Due Amount $1.2 00 r aea a i nd Crsd ts Advances IkAdJUStMellts Flnanea Ctnr9es Flinn tharyae Total ont Pwo ont . El 4450.00 `44.00 $202.58 42.00 :!1,039.59 l Min PWoont We $1,525.00 MANGE CHARGE SCHEDULE erl c COrtasapondlnq Balance C t a eyDry Rata Annual Subject to FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY Po Rata Finance rgas . For our automated Direct Conrad Service call 1 , A BALANCETRANSFER CHECKS .049280!6 DLY 'a 1-800-70944 B. ATM, BANK ....... .049200% DLY 17.95% $0.68 • To speak to oM o1 our Cush mar SatlsfvCbcn ropres~K as, C PURCHASES . ........ .049200% DLY 17.98% $14.161.06 all 1800 788701 M OTHER BALANCES...... A00000% DLY 00.00% $0.00 F TDD T HIS BILLING PEWD 'OR or ( elacommuMcatlons Device for the Deaf) 17.98% UAL PERCENTAGE RATE... assistance, call sa Psrfelle Rob AM Trormseasn Fes Flrmnra Chs ) 1-ti00348 3178 OCUMENT IS A COPY O F YOUR STATEMENT. IT is FOR Billing rights an preaewad only by written Inquiry, t s RECORDS ONLY. TINS Copy 18 NOT AN gK*= DUpUCATE Mall billing frpuiries and all other account inquiries to: u ll AY INCLUDE M554M98 WHICH APPEAR IN THE PAGE 1 OF / MBNA AMERICA P.O. BOX 13028 TANT NEWa BLACK ON YOUR ORIGINAL PERIODIC STATEMENT l - . WILMINGTON DE 19Bt10-b02$ EXHIBIT B 0 1, 1 W V 16 - hereby depose and state that. 1. 1 am an Authorized Agent of CACV OF COLORADO, LLC., a Colorado Limited Liability Company. 2.As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding. FFERY FELTENBERGER Customer Name: MARYLAND NATIONAL BANK,N.. Original Creditor: 5490994997924303 Account Number. 3. On or about a tem r 16, 20Q4 this account was sold by the original creditor. CACV OF COLORADO, LLC• is the current owner of the account and purchased the account for good and valuable consideration. MAR ti 2 2010 Date: ' By: -??2 Sworn and subscribed to before ` f' Qw ?:tip me this _Y f Notary Public .,; pTAI?? FLL B 3 { G, • X?G PQO 0P r "°: Y:iaiun Expires 03/0212011 EXHIBIT C 071/20/2006 15:26 FIA CARD SERVICES 912672952844 N0.873 D002 credit"hard`: raeemenf ir:e e"o YA71•e'fv 4 j.1 . G? •,i ..,..? ,??,, ??,88 - .?.•.7?'nya.c.?iC+?t•I• '?F.?y. V'-,: •..e•' ?; ':'... s?S.;=r.?r>,', `atilt . ?,..•r:. -' ",.; ' -'?:•`j?tit?ltf?l?!`'i?I?C:Q'1?F?111['?:.::::r::;;s q,i :?,:. aye lim"M .:.:Z.., 17- t "'t 1.hat''Lalv. Ap , w ?` {{ M9 ?.. - i11:riJ;:J'r.?:"???Yj, `G•?.i??. ,IrM?wL?i?.t Ott's -L em ? ? •?4rbitr?tioa??d.tlkl "...._ ':..... .;..`.?.;: ?; . r.?.., ,. r .. ? ? wC yyr`?."Lrt'rfi•~ hYr J'. NEXT90 0 07)120/2006 15:26 FIA CARD SERVICES 912672952844 N0.873 P003 Your Contract With Us Ypur Credit Card Agreement with us consists of these A44itional Terms and Conditions and the document called the Required Federal Disclosures or the initial Disclosure You•agree to the terms and conditions of this Agreement Fotthe purpose of the Priwey Native, we will use the definition contained in the third paragraph of the Privacy Notice. For the'remainder of the Agreement. we will use the definitions described under the section heading words Used Often in Tkis Agreement. _y Notice Pr' a Your pr*mcy is important to as: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-qualit service. And while information about you is fundamenta to our ability to do this, we fully recognize the important, of keeping personal and account information secure. To offer you the widest range of products and services MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and best meet your needs, whether they are available directly from MBNA or through our relationships with other companies. We want you to understand our information safeguards, what information we collect, what information we sham:. and the benefits you receive when we share iribmtation about you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bank, NA, MBNA America (Delaware), N.A., Palladian Travel Services, Inc., MBNA Hallmark Information Services, inc., MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, 'MBNA°), for financial products and services governed by the laws of the United States of America. This notice explains MBNNs information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you, either within MBNA or outside of MBNA with other companies. Onir Secaft Pmeeditrest MBNA understands: the importance of protecting and securing information and using it appropriately. Access to information about you is restricted to the people of MBNA who require it to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards for the security of information. When MBNA shares information about you with companies outside of MBNA, vm require them to impose safeguards, use it only for a permitted purpose, and to return it to us or destroy it once that purpose is served. We limit the amount of information shared to what is appropriate to offer a product or service effl- ciently. MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Agreement containing these requirements and obligating that company to protect the information as we would, i i 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 9004 Information Wt Collect.; MBNA collects and uses nonpublic personal information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. sources of this information include the following: applications . information we receive from you on and other forms or through your correspondence or communication with us including through the mail, by telephone, or over the Internet: tries such as • information we receive from third pa consumer reporting agencies, to verify statements you've made to us, or regarding your credit, or other relationships: and • information about your transactions with MBNA and with other companies outside of M NA. share Information We Share Within MB A-. we may financial all of the information we collect about you with service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient do r YOU so. and may save you both time and money. share identification information (such as name and address). transaction and experience information (such as purchases and payments). credit 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 credit eligibility information about you within MBNA but you please onal products and services orus undernd this does not prohibit from offering g yo yo from sharing tmrrsactionmand b?ronncwithin e. MBNA identification, and other to Information We Share With Others: From time time, we may allow companies outside of MBNA to offer you their products and services that may interest you, These products and services may be offered by financial service providers iuuch as banks, loan brokem account aggregators, insurance apnts, insurance companies, mortgage bankers. and securities broker-dealers). by nonfinancial companies (such as retailers, direct mar- keters. communications companies. Internet service providers, manufacturers, service companies, travel agents, cruise lines, car rental agencies, hotels. airlines, publishers, and organizations endorsing MBNA financial products or services), and othem Isuch as nonprofit organizations). Subject to applicable law, we may share companies out- all the information we collect ) i not to. side of MBNA, unless you Additionally, we may share ail the information other collect with companies that perform mar?ting or services on our behalf or to other financial institutions with which we have joint marketing agreements. We are also permitted by law to share information about you with other companies in certain circumstances. For instance. we may share all of the information we collect with companies assisting us in servicing your loan or account, with companies that endorse our products and services through affinity agreements. with government entities in response to subpoenas or OV20i2006 15:26 FIA CARD SERVICES 3 912672952844 ND.873 9005 regulatory requirements. ano with consumer reporting agencies. it 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 Iuformndon 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 MBNA. and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and serve ices as described above. If you wish to opt out of such ir?fomlation sharing, please call toll-free 1-866-751-I255. 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 account level. not by individual Customer. When any person listed with others s on an account opts out (for example, a co-applicant, joint account holder, or authorized user), we will list the entire account as having opted out. MBNA will continue to adhere to its disclosed privacy practices for an account even if it becomes inactive or is closed. An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless I revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing, Please remember when you receive our subsequent notices that an account previously opted out from either or both types of information sharing (and 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 MBNA s privacy practices concerning the Internet, and to view the most recent version of this privacy notice, please go to www.mbna.com and click on -Privacy Notice" You may have other privacy pro- tections under state laws. We may amend this privacy notice at any time, and we will inform you of changes as required by law. Words Used Often in TWO ,AO!>e+CM1Cnt Agreemenr or "Credit Card Agreemenr means these c Additional Terms and Conditions and the Required Federal Disclosures for the Initial Disclosure) and any changes we make to those documents from time to time. -You- and your mean each and all of the persons who are granted, accept. or use an account we hold. "You' and 'your also mean any other person who has guaranteed payment of this aocount, when used in the sections entitled We May Moalror and Nord TAVAow Ca& and Ariitrstim and tllyatim and when used in each of the sections relating to payment of this account 07i20i2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 D006 (Your Prx iSe to Pau and Hou• We Alfaare Your PayfneHl?. for examo "We," -us." "our', and "MBNA Amenca" mean MBNA America Bank, N.A -Card, means all the credit cards we issue to you and tc any other pennon with authorization to use this account pursuant 10 this Agreement. -Access check" means an access check we provide to Yof make a Check Cash Advance on your account. if we use a capitalized term in this document but do no,, define the term in this document, the tern has the meanir given in the Required Federal Disclosures or the Initial Disdosure or as used in your monthly statement. we use section headings isuch as words Used 0/un in " Agraemcnq to organize this Agreement. The actual terms this Agreement are in the sentences that follow and not the headings. Sign Yow Card You should sign your card before you use it. we Menus and Rrflfwd T CA You consent to and authorize MBNA America. any of its affi aces. or its marketing associates to monitor and/or record a of your telephone conversations with our representatives c the representatives of any of those companies. CrW it YN11 Mules You authorize MBNA America to collect information abou- you, including credit reports frorn consumer reporting agsne if you believe we have furnished inaccurate or incomplei information about you or your account to a credit reportin, agency, write us at: MBNA. Credit Repodina Agencies, P.0 Box 17054, Wilmington, DE 19884-7054. Please include yo name, address. home phone number. and account number and eapiain what you believe is inaccurate or incomplete, How to Use Your Amunt You may obtain credit in the form of Purchases and Cas Advances by using your cards. aaoess cheeks, account nun.. ber, or other credit devices. Please refer to your Required Federal Disclosures or initial Disclosure to determine what transactions constitute Purchases and Cash Advances and how you may obtain them. Transacdon Date for Ca?tain Cask Advanc The transaction date for Check Cash Advances and Bala Transfers done by check is the date you or the person to whom the check is made payable first deposits or cashes t check The transaction date for a returned payment (whicl will then be classified as a Bank Cash Advance) is the date that the corresponding payment posted to your account. Pu oses ft! Using Your Accmt You may use your =unt far 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 k this or any other credit account with us. You may not use c' permit your account to be used to maize any illegal transact Persons Using Your Account if you permit any person to use your card. access ehe, account number, or other credit devlce with the authorize to obtain credit on your account, you may be liable for a a. 071/20/2006 15:26 FIA CARD SERVICES i 912672952844 I t F f L NO.873 9007 transactions made by that person. including transactions for which you may not have intended to be liable. even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. How You May Stop Payment on an Access Check You may request a stop payment on an access Cheek by providing us with the access check number. dollar amount. and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You Ma Not Poddate an Access Check You may not issue a postdated access check on your account, it you do postdate an access check we may elect to honor it upon presentment or return it unpaid to the person who presented it to us for payment. without, in either rase, wafting for the date shown on the access check, we are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. Your Promise to Pay You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances, You also promise to pay us all the amounts of finance charges. Fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date, You may pay the entire amount you owe us at any time. Payments made in any billing 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, We will reject payments that are not drawn in US. dollars and those drawn on financial institutions located outside the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, if the payment is (1) received by 2 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand comer of the front of your monthly statement: (3) paid with a check drawn in U.S. dollars on a U.S. financial institution ora US. dollar money order: and (a) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after Z p.m, on any day, including the Payment Due Date, but that otherwise meet The above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. Now We Allocate Your Payments We will allocate your payments in the manner we determine, In most instances, we will allocate your payments to balances (including new transactions) with Iowa APRs before balances with higher APRs. This will result in new balances with lower APRs Isuch as those with promotional APR offers) being paid D. 0V2012006 15:26 FIA CARD SERVICES i 912672952844 N0.873 9008 belore any other existing ba{anCZs Promise to Pa lies to All Persons All persons who inisiaiIV or subsequerrtiv request, accept. cir use he for anv total outstanding balanlce.aWe mast her guaraee. responsible on who is responsible to pa± to release from liability any pers any total outstanding balance. until all of the cards. access checks, and Other credit devices outstanding under the or account have bees returned to us and any such person to u5 persons repays us the total outstanding balance owed at any time under the terms of this Agreement. R 1112, ault you will be in default of this Agree"" eat Due by itsiPtaymer make any rMlyoud'rotal Minimum balance exceeds your creel. Due Bate; (2) Your total outstanding limit; or (3) you fail to abide by any Other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations for the optionsl cretin insurance purchased through MBNA. You will be deemed in default or delinquent if you fail to make a payment within 9t days of your Payment Due Date. our failure to exercise any our rights when se you default doe-, not mean that those rights upon later delault? are unable to exerd When We iii jIT Unmledl& Pa tnet if you are in default, we can rsAuireirrimedia a byme t Df your total outstanding balance and. unles sec under th. k applicable law and except as otherwise preentettrt we can Arfiirralioa and Litigariarr her costs weSnI in any coliectic also require You to pay fees if we ref, proceeding, as well as reasonable attorrieywho is not our your account for collection to an attorney salaried emPloyee. other Pa ert Terms we on eocept late payments, pattfal payments. Or PAY- ments with any restrictive writing without losing any of ou rights under this Agreement. This means that no paymen+ including those marked with., Paid in full" or with any oft restrictive words, shall operatro 9 as an accord val of one f our senor offii, without the prior written aP? check to make a payment. 1 You may not use a postd you do a PaYrrint cheer we may elect to honor postdate upon Presentment or return it unctedited to the pawn w' presented it, without, in either case, waiting for the date shown on the check. We are liable to of the you (Or an ?? to expense incurred by you arising Pa meat Hol& 1 s We may allow you, from time to time, to omit a month. payment. We will notify you when this option is availabl you omit a payment, Finance charges and any applicable will accrue on your account in accordance with this Agreement. You must resume making your Total MiY k Payment Due each month following a paym Transactions Made in Fo ' n Curren( if you make a transaction in a foreign ruvrerI the tran, will be converted by Visa international or MMeerCa into a International, depending On which card you dollar amount in accordance with the operating regufatit conversion procedures in effect at the time that the trans is processed. Currently, those regulations and procedut provide that the currency conversion rate to be used is ?r 071/20/2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 D009 r t i c r (I I a wholesale market rate or (2) a govemmem-mandated rate in effect one day prior to the processing date. increased by one percent in each rase. visa or MasterCard retains this one percent at compensation for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. IRM Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each statement reflects a single billing cycle. Account Fees and Charges Account Feels The following fees, which are set forth in your Required Federal Disclosures or Initial Disclosure, am charged as Purchases in the billing cycle in which the fees acute: (1I a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by u5 on or before its Payment Due Date: (2) an Overlimit Fee if your New Balance Total exceeds your. credit limit on the last day of a billing cycle. even if fees or finance charges charged by us cause your New Balance Total to exceed your credit limit; an ovedimit Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit: (3) a Returned Payment Fee if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment; (4) a Returned Cash Advance Check fee if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment: (5) a Copy Fee for each copy of a monthly statement or sales draft, escept that the six most recent monthly statements and six sales drafts will be provided for free: and (6) an Annual Fee if your account is open or if you maintain an account balance, whether you have active charging privi- leges or not. Abaxdomed-PrvpeM Charges; Unless prohibited by applicable law, we will charge your account, as a Purchase. for any costs incurred by us associated with complying with state abandoned-property laws. Please review your Required Federal Disclosures or initial Disclosure for additional fees and charges that may apply to your account. Ben!ft! We may offer you certain benefits and setvicas with your account. Unless expressly made a part of this Agreement. any such benefits or services are not a part of this Agreement but are subject to the tam and restrictions outfitted to the benefits brosdwrie and other official documents provided to you from time to time by or on behalf of MBNA America. We may adjust, add, or delete benefits and services at any time and without notice to you. Rerft!Ml to Honor Your Amunt We are not liable for any refusal to honor your account. This can include a refusal to hover your card or amount number or any check written on your account. We are not liable for any retention of your card by us. any other bank, or any provider of goods or services. 9r 07/20/2006 15:26 FIR CARD SERVICES 4 912672952844 NO.873 D010 We May Suspend or Close Your Actouni We may suspend or close your account or otherwise term: your right to use your account. we may do this at any time a for any reason. Your obligations under this Agreement contr even after we have done this. You must destroy all cards. ac, checks, and other credit devices on the account when we rec• that you do so You May Close Your Account You may close your account by notifying us in writing C telephone and destroying all cards. access checks, and or?: credit devices an the account. Your obligations under thni Agreement continue even after you have done this. Transactions After Your Account Is CIosc When your account is dosed, you must contact anyone authorised to charge transactions to your account, such as Internet service providers, heahh clubs, or insurance COmpan These transaaions may continue to be charged to your account until you change the billing. Also, if we believe yt have authorized a transaction or are attempting to use y0L aaount after you have requested to close the account, we may allow the transaction to be charged to your account. We May Ainemd This rillsr3llnent We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of thi Agreement. When we amend this Agreement, we will comr with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendm, gives you the opportunity to relea the change, and if you reject the change in the manner provided in such amend- ment. we may terminate your right to receive credit and m6 ask you to return all credit devices as a condition of your rejection. The amended Agreement (including any higher-r or other higher charges or fees) will apply to the total out- standing balance, including the balance existing before the amendment became effective. We may replace your card w another card at anytime, We Ma SeQ Your Account We may at any time, and without notice to you, sell. assi. or transfer your account, any sums due on your account, the Agreement, or our rights or obligations under your account this Agreement to any person or entity. The person ar entit• to whom we make any such sale, assignment or transfer sha be entitled to all of our rights and/or obligations under this Agreement to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive yot card and, generally, on each monthly statement. We may change your credit limit from time to time, The amount shown on your monthly statement as Cash L, Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transaction! or credits that post to your account after the Closing Date o that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessmei of Overlimit Fees. What we may Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authoriza• pons at any time must not be more than your credit limit. If yc S. O?/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D011 attempt a transaction that results in your total outstanding bL ance (plus authorizations) exceeding your credit limit. we ma% (I i permit the transaction without raising your credit limit. I, permit the transaction and treat the amount of the transactio that is more than the credit limit as immediately due: or 131 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 refuse: if we refuse to permit a check cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cas Advance or 8alanae Transfer, or in any other manner. If we have previously permitted you to exceed your credit 3 limit, it does not man that we will permit you to exceed yot credit limit again. If we decide to permit you to exceed your credit limit, we may charge an ovedimit Fee as provided in this Agreement, UnauthorhO Use Your Card please notify as immediately of the loss, theft, or possible unauthorized use of your account at 1-800-789-6701. t You Must Notifiy Us When You Change Your Address we strive to keep accurate records for your benefit and ! ours. The post office and others may notify us of s change cc your address. when you change your address, you must notil us promptly of your new address, What Law APPUes This Agreement is made in Delaware, and we extend credi: to you from Delaware. This Agreement is governed by the 1 ` laws of the State of Delaware (without regard to its conflict o laws principles{ and by any applicable federal laws, 1 of 1#gjreeiirteiltt Are The Provisions o This 1 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 delay in exercising any of our rights under this Agreement does not mean that we are unable to exevdsg those rights later. Arbitration and Litigation This Arbitration and Litigation provision applies to you. I unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so *40 them, jn the ' manner and tirneframe required. If you did rood effectively such a provision, you agreed that any litigation brought by yo! against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ('Claim') by either you or us against the other. or against the employees, agents. or assigns of the other, arising from or relating in any way to this Agreement o any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties, or declaratory or equitable relief), includinn claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Agreement of any prior Agreement, shall be resolved by binding arbitration The arbitration shell be conducted by the National Arbitratior ilk 07/20/2006 15:26 FIA CARD SERVICES -> 912672952844 NO.873 0012 Forum !' N.4F'I, under the Code of Procedure it effect at the om the Claim is filed. Rules and forms of the National Arbtt atrnr. Forum may be obtained and Claims may be filed at any Natiom? Arbitration Forum office. www orb-for itn.gom. or P.O. Box 5019'. Minneapolis, Minnesota 55405, telephone I-800-474-2371 if the NAF is unable or unwilling to act as arbitrator. we may substitute another nationally recognized, independent arbi- tration organization that uses a similar code of procedure. At your written request. we will advance any arbitration filine fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for an• arbitration filing. administrative, or hearing fees in an amour greater than what your court casts would have been it the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration o ree- merit is made pursuant to a transaction involving Interstate commerce and shall be govemsd by the Federal Arbitration Ad, 9 U.S.C. ff 1-I6 ('FAA"). lodgment upon any arbitration award may be entered in any court having iurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitatiom and shall honor any claims or privilege recognized by law. if any party requests, the arbitrator shall write an opinion con- taining the reasons for the award. No Claim submitted to arbitration is heard by a jury, and no claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you. any banltrW y by you. or sale of the debt by us. For the purposes of this Arbitration and Litigation section. "we and 'us' means MBNA America Bank, NA, its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your account, and ail of their officers directors, employees, agents, and assigns or any and all of them. Additionally, "we" or 'us- shall mean any third party providing benefits. services, or products in connection with the account (including but not limited to credit bureaus. mer chants that accept any credit device rued under the account. rewards or enrollment services, credit insurance companies, debt collectors. and all of their officers, directors employees and agents) if, and only if, such a third party is named by you as a codefendant in any Claim you assert against us. If any part of this Arbitration and Litigation section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration ant Litigation section shall be enforceable without regard to sucl invalidity or unenforceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS. 10 071/20/2006 15:26 FIA CARD SERVICES 3 912672952844 NO.873 P013 CREDIT INSURANCE BENEFITS, LIMITATIONS, COSTS S EXCLUSIONS CONSUMER PROTIXT1ON DISCLOSURES CREDrr INSURANCE IS: NOT A DEPOSIT, NOT FDIC- INSURED: NOT INSURED BY ANY FEDERAL GOVER14MENT AGENCIF, AND NOT GUARANTEED BY THE BANiL iPuRCHASE OF CREDIT INSURANCE IS NOT A CONDITION OF OBTAINING CREp17- IF COVERAGE IS DESIRED, IT MAYBE PUB2111 E ELSEWHEIRIL tMdkIlliffiam pays your minimum monthly payment' up to your balance on the date of loss snot to exceed $25,000, except disability in MN), until you return to work, • if you are involuntarily unemployed. SCI& disabled, or if you or your spouse takes covered family leave. Credit Insurance also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit (not AL, AZ, AR, DE, DC, ID, IL. W LA MD. MN, MS, NV, ND, OH. OK. R). SD, Vr. WA. WV fs WY). or $25.000 if you die. QWh1 C One insured per account (insured must be the primary cardholder or a co-applicant. authorized users are not eligible). under age 66170 in AZ, NV & VA; 71 in FL, GA, Ml, MO & OK: 72 in NMI. Your coverage ends at these same ages (except family leave in AZ, FL & SD 1s unemployment). When enrolled, certificates will be mailed explaining yout coverage & effective date. In MN, unemployment coverage is effective 61 days from your certificate effective date. For unemployment or family leave benefits, you must be gainfully employed working at least 30 hrywk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss (CO - before application date), (PA • on the date of loss). (TX - before coverage effective date for unemployment). Employees of professional corporations may be eligible. Credit Insurance covers. your death; involuntary unemployment due to Job loss, general strike, unionized labor dispute, or lockout; total disability due to sickness or injury if you are unable to perform the material & substantial duties of your job (or any job after 12 mos, in PA; 18 mos. in AL, AZ. AR, CA, DE. DC, GA. Hi, ID, IL, ]A, KS, 1.A. MD. MN, M5, NV. NI. N.D. OH. OK. Rl. 50. TN. VT, WA, W WI & WY); your or your spouse's unpaid leave of absence from employment due to care of your newborn or newly adopted child or an incapacitated immediate family member (must be spouse, child, stepchild or parent in AK): mandatory recall to active military duty: iury duty (except in AK): or residence in a federally declared disaster area. Loss (not death) must continue at least 30 days before benefits begin. In NY, for strikes, unionized labor disputes S lockouts, you must be unemployed for 7 consecutive weeks 6 qualify for state unem• ployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 days for unemployment in NY & PA, and disability in CA. Cr. GA NY, MI. PA. RI & $C. You may cancel this coverage at any time. if canceled within the first 30 days of comrage, all premiums will be refunded. Z1&b ai W- Life: suicide in the first 6 months of coverage (not MD & MO). Involuntary Unemployment; retirement, resignation, voluntary forfeiture of income or job low due to willful or criminal misconduct, disability, strikes in IL, military discharge in NY & normal seasonal unemployment in TX Disability. normal pregnancy or childbirth Inot CA, MA S NV). intentionally self-inflicted Injuries fnot MD), or a pre-existing medical condition during first 6 months of coverage (not NJ I. Family leave benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. 071/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 9014 This is only a brief description of coverage, and coverages vary by state. Please refer to your certificates for a full explanation of coverage. QWS r Costs apply to Life ILI. Disability (D), Unemployment (U) 6 Family Leave IF): AL 54.5c: AK 7&; AZ 99.9C; AR 99c: CA 8990: CO 50.66C: Cr 42.89c; DE 99.9c: DC 99.9c: FL 89t; CA 90.8c: Hl 89.91c: ID 99.5c IL 8.6c, D 16.9t, U 54c. F 2001; IL 80.97c; IN 96c: IA 97.Se (L 7.2c. D 16.60, U 54C. F 20c); KS 85,47C; KY 97AC; LA 99.93c; ME 53.05c; MD 79.74c; MA 15.7c MI 45.7c; MN 31.47c; MS 925e; MO 61.1c: MT 91.9c: NE 95.&; NV 99,87c; NH 95C: NI 97C; NM 58,9c: NY 525c tL 8.8c D 26,80, U 16.9e): NC 71.30; ND 94.97e; OH 99.9e; OK 97.47e: OR 80.8c; PA 38. Ic: PR 99C: RI 99-&; SC 741.3e; SD 99,9c; TN 92.5c; TX 3333 IL 4,8C, D 12.91. U 16c); UT 90.44c; VT 34.92c (L 6.68e. D 12.24c. F 16c 1; VA 84t (L 6,1t, D 8.9c, U 49C, F 20c); WA 89.39c; WV 995c: WI 93.6c (L 5.7c. D 8.9c. U 59c. F 20c): WY 99.7c, AMMLWft involuntary unemployment is not available it MA or VT. Family Leave is not available in AL. CP, MA, MD. MN, NM, NY. PA, or TX. Involuntary Unemployment: American Security&01(5/85). L01 NY(3/931, AS LOI T&I 1/991, LOIC4P-KS(2/961. LOIC4P-CRS-ME(5/851 and LOIC-112: Standard Guaranty/SG LOI (51851 INK only!. Life S Disability: Union Security Life/L +Z, L-S-G in AL, AZ, AR, DE, DC. ID. IL, IA. KS, LA. MD, MN. MS. NV, ND, OH, OK. RI, SD. VT, WA. WV & WY; Standard Guaranty Life (TX only)/ LA-Z(8142)(3,53RAf, First Fortis Life (NY Life only)/NYLM0013 American security (NY Disability only)/W-5-A, Fortis Insurance (ME on)y)AJ-X-A, Family Leave. American Securuy/FLP 141'971, FLP-FL021971 in FL, FLP-NC (3/98) in NC. FLP-OK(4197) in OK, FLP-VA(2/98) in VA, FL-IP(AZ)17/98) in AZ. FL-IP14/97) in IL & IN. FL-IP•KS (12197) in K$, FLIP-MF (09) in ME; FL1P•WY(4/97) in WY; Standard Guarenty(FLP (4197) in NH: Union Security LiWFLP-VT(4197) in VT, Solicitin: amts for Mississippi and Florida are Charles M. Gordon and Pamela Curtis respectively. The creditor may receive compensation in connection with this offer. It is at crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Perwhies indude imprisonment and/or firma. in addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. •Less past due and aver credit limit amounts. In MI, cover- age pays 5% of the balance on your date of disability up to SI250. In OR, coverage pays the greater of Vieth of the bal- ance or the current minimum payment due on your date of loss, in NY S PA, coverage pays the minimum payment due on your date of loss, in TX, coverage pays the greater of 6% o your insured outstanding balance on your date of unemploy- ment or your minimum monthly payment. •'The cumber of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in Al.. AK, CT. IL, MI. MN MO, NM, NC, NY, PK SC & TX; 12 for disability in AY, CA, CT, FL, KY, MA, MO. MT. NE, NH, NM, NC. OR, SC. Tf 6 VA. NY, NI & 7% OW Tb purchase coverages sepsretelh write to Assurant Group, P. 0. Box 50355, Atlanta. GA 30302 Applications wf11 be seat to you. 07.'20/2006 15:26 FIR CARD SERVICES 4 912672952844 NO.873 D015 J .1 2NMI MBNAULOI (MBNA • UD/Uncapped LOVFL) 25000 DISC-101 MSNA America Bank, NA, is the exclusive Issuer and administrator of Plag am Plus credit card accounts. MBNA America@ and Platinum Plus@ are service marks of MONA Amedo Bank, N.A. b 2001 MBNA America Bank, N.A. NEMO (Revised 4/2001) VERIFICATION I, `' -, hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that JEFFERY FELTENBERGER owes the balance of $11,535.41 to CACV OF COLORADO, LLC. on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment I understand that false statements made herein are subject to the penalties relating to unworn falsification to authorities. r??? By MAR w µ 2310 Dated: LANI Authorized Represent"" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -'-'- . - ~-,~~ _, ' S.V. it _. ~ ,, ... Shen ~~~~~a,~ ct ~~„ ~u,~~.~~~~~ Jody S Smith n ~ c , - Chief Deputy LU ~ ~., k.~ "tC ~ =~ t" , ~ ~~ v Edward L Schorpp ~, _ _. -. , ~,,. tom..;:: ;: _... ~ - Solicitor ~'~' ~ ~ ~ ~'~`' ~~`~~ r~ ~ ~.~. . CACV of Colorado, LLC Case Number vs. Jeffery Feltenberger 2010-2354 SHERIFF'S RETURN OF SERVICE 04/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jeffery Feltenberger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jeffery Feltenberger. Current residents of 432 W. Shady Lane, Enola, PA 17025 advised Deputies they have resided at this location for three years and do not know the defendant. SHERIFF COST: $46.50 April 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c; GourcySuit~ Shenff Te'es>s:ft, Inc. of cu4, lnavid D. B ueCC e Renee R Simpson 2 f prothonotary , y 1st (Deputy lnrothonotary u \9 .". v 7irkS. Sohonage, ESQ \ .41‘' a� ,_ '= � Irene E. Morrow Solicitor \,a so . 2 Deputy Prothonotary Office of the cprotFionotary CumberCand County, �ennsy(vania /D "235 y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carfisfe, cP)4 17013 • (717)240-6195 • cFax(717)240-6573