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Home My WebLink About04-2860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 04- >>IL> (2j,,~L 'L~ vs. CIVIL ACTION - LAW DONALD G HENDRICKSON Defendant 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 the 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a last demand as 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 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 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 AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGA~) ~.,~ c~;" Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 l, p".) -" -'-. -< S o ." ..... ;n~ r-- ~:~ '..-1 ,'S i'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A., Plaintiff NO. 04 ~ ]..'11,0 vs. CIVIL ACTION - LAW DONALD G HENDRICKSON Defendant COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys, Amy F. Wolfson, Esquire, and the law firm ofWolpoff & Abramson, L.L.P. , 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, with its principal place of business situated at P.O. Box 15718, Wilmington, Delaware 19850. 2. Defendant, DONALD G HENDRICKSON, is an adult individual with a last known address of 1126 Linn Drive, Carlisle, Cumberland County, PA 17013. 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 inclusive of an Amendment is attached hereto, incorporated herein and collectively 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 Plaintiffs licensees. 5. Defendant have 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 "8". 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 $4,921.37. 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. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 13 Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 14. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNAAMERICA BANK, NA, respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, DONALD G HENDRICKSON, in the amount of $4,921.37, plus costs of this action and such other relief as the Court deems proper and just. Amy . Wolfs WOLPOFF & BRAMS 267 East Market Stree York, PA 17403 (717) 846-1252 10 No. 87062 Attorney for Plaintiff ------ VERIFICATION Amy F. Wolfson, Esquire, hereby states that she is the attorney for the Plaintiff, MBNA AMERICA BANK, NA, 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: ~l' ,r Amy F. Wo son, Esq . e WOLPOFF & ABRAM ON, L.L.P. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff EXHIBIT "A" Itv'" , EXHIBIT -L All-STATE- INTERNATIONAL ~1~~~~~;:sI~I~iif~~~I~~~J}~:':~i.~~~~' (:;IC",').,'. '. .ere dlt,:iGard;~A.€lreeme:nti1(ii'f;.,.,!:",. i.){:"i.'/:-'~dF i ;'. ., -....:...'f~tir'l('.~:~\:;-~r.~'~~:1,\~~~.(~.,~'t~i,:.~~y~~~:~l~~~;{,..l:t~;,;i.:~:: C:~A'ititiorfci ;J:etms,:ai:l'U~:Gohi.dlwn~'" ~i~:f~~":;i'~i;~{~1~~jtl~\[~lil~it~}'~0~" '"'.J. n. ",-..<-~":;. , - ~ ~. '. . ,;; ft~~~.~?i~..;;,' :;:,;,;.. ~\::~,:)~~~;~'~:~.'~~i;;1~.~~\i.~1:rj~.~~~~~#~t~~~\~~~hi:~~.f~.~.!: ,'1,. '. .. " ..,'. .j...., Jo'.:'" "" .i,....' . '-'. , ", .~ '.., ,." , " ~ I~ ',"; , , . .,1', ". , . ." .' .... '.,\~: :: i.~: :.;' ;ili~::':'i.~:~:~":L;~~:~;.~t;::j~ :.~,~_:. ",:.: :.r::,;\:: \;~;A,'@',?~:~;;~~:;:~i.:':':"~ :" . . i.,:'.~ ." " ,." ~.,~ ~~,::..:!~~~r,..:.tp~I:Y'~""l:. '.. ~ .:i',':,,;1 /~I..(. ~~:.~.:~.~\~.l.:.~.:::::t .... . ~ :: ;., .:,. . ,. ~:.' ;_. ~..)'.:,;;':'f"~.:}"~;,:,,,:~,\ :;',:.~: -, '. . . '. I l I \ I I I \ 1 'I i , i ! ;i ....,..-........ \../i, AGMT 90 I j i, I j I I , , i j I j I ... , , I ! , i I ; Your ContraGt Witli Us Your Credit Card Agre.ement with us consists of these Additional Terms and Conditions and the document called the Required Federal Disclosures or the initial Disdosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Nolice. we wili use the definlti, contained in the third paragraph of the Privocy Nolice. ror' the remainder of the Agreement. we will use the definition~ described under the section headlns Ward, Used OfttH in , Tnis Agreement. Privacy Notice Your privacy is important to us: At MBNA. we are committed to providing you with the finest financial produels and services backed by consistentlytop'qual seNice. And while information about you is fundament to our ability to do this. we fully recognize the importar of keeping personal and account lnforination secure. To offer you the widest range of products and service 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 ano Dest meet your needs, whether theY are available directly'from MBNA or through out relationships with other, companies. We want you to understand our InformatIOn.Jllfegu'!fds, what Infonaatlc we collect. what Informatlbn'ilve share. and the benefits you receive when we sh.re,!nfonnatlon about you, . . I . This notlee descrtbes tlie,privacy practices of MBN. Corporation :1~d all ,'.IBNA affiliates. Including MBN}> America Bank. NA. MBNA America.(DelawareJ., NA. palladian Travel Services. Inc:, MBNA Hallmark Information Services, Ins.. M.BI1!l:.Mar,~etillg.Sy~tems, Inc.. and MENA Insurance Ailency. Inc. (collectively. "M BNA"), for financial products and services governe! by the laws of the United States of America. This notice explains MBN!':s Information collection and sharing practices and lets you choose whether or not MENA may share certaIn Information about you, eith. within MBNA or outside of MBNA with other campaniE Our Security Procedures: MBNA understands the Importance of protecting and ~ecuJinglnformatlon an using It appropriately. Access.to ,information about y' is restricted to the people of MBNA who require it to provide products or services to you. We maintain physiO electronic: and procedural safeguards thafcomplywit federal standards for the security .of information. When MaNA shares Inforrnatlon.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.informatlon 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 Agreemel containing these requirements and obligating that company to protect the Information as we would. .' .' Information We Collect: MBNA collects and uses non public personal in/ormation about you to condl our business and to consistently deliver the top.qua Customer service you expect from us. Sources of tr information Include the following: . information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail. by telephone. or over the internet: . Information we receive /rom third parties. such a: consumer reporting agencies. to verify statements you've made to us. or regarding your employment. credit. or other relationships; and . Information about your transactions with MBNA with other companies outside of M8NA. Information We Share Within M8NA: We may shar. a/the information we collect about you with financial s ice companies within M8NA to offer additional ProduCl services that may interest you and best meet your need We believe this Is convenient far you and may save you uull. ~i" 'c d,\d . "u,\ey. To do 30, wc ohJrc idcntlfiCJtior information (such as name and address). transaction a experience information (such as purchases and payme credit eligibility information (such as credit reports ane applications!. and ather information. The dedsion to . chase any such products or services Is yours alone. Yc may tell us not to share credit eligibility Information" you within MBNA. but please understand this does na prohibit u~c~om oL"ing you additional products anc services or from sharing transaction and experience. identification. and ather information within MBNA. Information We Share With Others: From time time. we may allow companies outside of MBNA to < you their products and services that 'may interest YOl These products and services may be offered by finan service providers (such as banks. loan brokers. aCCOl aggregators. insurance agents. insurance companies mortgage bankers. and securities broker-dealers). by r finandai companies {such as retailers. direct markete: communications companies. Intemet serviCe provid< manufacturers. service companies. travel agents. cru lines. car rentai agendes. hotels. airlines. publishers and organizations endorsing MBNA financial produ or servicesl. and others (such as nonprofit organizet! Subject to applicable law. we may share ali the info tion we collect with these companies outside of ME unless you tell us not to. Additionally. we may share all the information w coilect with companies that perform marketing or ( services on our behalf or to other financiallnstitut. with which we have joint marketing agreements. V- are also permitted by law to share information abl you with other companies in certain circumstance For instance. we may share all of the information' coilect with companies assisting us in servicing yc loan or account. with companies that endorse our products and services through affinity agreements " , , ; I i , , i I i , with gavernment entilies in respanse ta,subpaenas .or regulatary requirements. and with cansumer reparting agencies. If yau tell us not ta share infarmatlan with campanies .outside .of MBNA that wish ta .offer yau their praducts and services. as described above, please understand that we will cantlnue ta s'hare infarmati.on in these additional circumstances. Important Information About Your Choice: We're dedicated t.o serving yaur needs - and ta respecting yaur chaices related ta privacy. You may tell us nat to share credit eligibility infarmati.on within MBNA. and yau may tell us nat ta share infarmatian with campanies .outside .of MBNA that wish ta offer yau their products and services as described abave. If yau wish ta opt out .of such informatian sharing, piease call toll-free 1-866-751-1255. We will ask yau to verify your identity and the specific accaunts to which the opt out applies. sa please have all your account. membership, .or reference numbers and yaur Sodal Security number.or, Taxpayer Identificatian'number far deposit accaunts :lvJilJble \~hen yau C:l11. MBNA applies apt autS,at ttie account level, nat by c., individual Customer. When ariy'persarrllsted with 'others on an accaunt .opts out '(far example..a,.Cb-applicant. jaint accaunfhalder, .or authorized user), we'wllllist the entire accaunt as having opted out. MBNA will centinue ta adhere ta Its discJased.privacy..practices feLan acceunt even if it becames inactive ar.l~d';sed, .. An opt out fre_~ infan.,atien"sharlng en'an account as described abave. 'either wlthlti' MBNA arid/or with campanies outside .of MBNA, remains effective unless revaked in writing. Fede'ral regulations require une'" pravide this natice on an annual basis:whetherar nat an 'accaunt has previausly opted aut from either type .of infannatian sharing. prease remember when you receive .our subsequent notices that an acceunt previously opted .out from either .or bath types,pf infannation sharing land nat revaked in writing) daes nat need te be apled out again. This natlce u,pdates and replaces any previous nellces frem MBNA abaut the privacy. security. and proteclien of infarmatian. Fer additienal informalion regarding MBNA's'privacy:practices :cocceming the ' Inte'met, and to view -lhe mast recent versien of this privacy calice. please go te www.mbna.cam and click on 'Privacy Natice: Yau may have ather privacy pre- lectians under stale laws: We may amend lhis privacy nolice at any time. and we willlnfarm you .af changes as required by iaw. Words Used Often in TfrliAgreement n AgreementM or "Credit Card Agreement" means these Additional Terms and Conditions ancHhe Required Federal Disclosures (aT the Initial Disclosure)' and any changes we make to those documents from time to time. "YouM and 8yourR 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 j i 1 , I .j I \ \ i j ; , , " 3 , this account, when used in the sections entitled. We MQ, Manilar and Record Te{epnane Calls, and Aruitration and l.iligai and when used ineacn of the sections relating to paym. this account (Your Promise to Pay, and How We Allocate Your Payments, for example). "We: "us." "our" and "MSNA America" mean MBNA America Bank. N.A. "Card" means all the credit cards we issue to you ~nd any other person With authodzation {or use on this acco pursuant to this Agreement. "Access checkN means an access check we provide to ~ make a Check Cash Advance on your account. If we use a capitafized term In this document but we, define the term in this document, the term has the meal given in the Required Federal Disclosures or the Initial Disclosure, or as used in your monthly statement. We use seaion headings (such as, Words Used Often in Th~ AgreemtHt) to organize this Agreement. The aaual terms of t Agreement are in the sentences that follow and not the hea, Sign Your Card You :::hould sia:n your ~IJ bt:r~lt::l\Ju U:tlt:: ll. We May Monitor and Record Telepnone C You consent to and authorize MBNA America, any of il affiliates. or its marketing associates to monitor andlor " any of your telephone conversations with our representa1 or the representatives of any of those companies. Credit Reporting Agencies You autt"ize M6. IA America to collea Inlormation abe you, indudlng credit reports from consumer reporting agen If you believe we have furnished inaccurate or lncompl Information about you or your account to a 'credit reportJ agency. write us at, MSNA, Credit Reportlllfl Agencies. P.< 80x 17054, Wilmington. DE 19884"7054. Please Include y name, address, home phone number, and account numbf and explain what you believe Is Inaccurate or incomplete How to Use Your AlCount You may obtain credit in the lorm 01 Purchases and Ca Advances by using cards, access d1ecks~-your account nun or other credit devices, Please refer to your Required Fed Disclosures or InItial Disclosure to determine what transact constItute Purchases and Cash Advances and how you me obtain them. Transaction Date for Certain Casn Advan. The transaction date lor Check Cash Advances and Sah Translers done by check is the date you or the person to whom the check i. made payable first depo.lts or cashes . check. The transaction date for a retumed payment la 8a: Casn Advance) is the date that the corresponding paymen posted to your ac~ount. Purposes for Using Your Account You may use your account for personal. family, or housel 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 ( permit yaur account to be used to make any illegal transact 4 , , Persons Using Your Account If you permit any person to use your card. access checks, account number. or other credit device with the authorization to obtain credit on your account. you may be liable for all 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 j on an Access Check " :i You may request a stqp payment on an access check by '1 providing us with the access check number. dollar amount, and j:~ 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 piace the stop payment. OJ. You May Not Postdate an Access CFrecn ~ You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor It UpOtl presentm.ent or return It unpaId ~o Lhe person ;. that presented it to us for payment. without in either case ~ waiting for the date shown on the access check. W.e are not '1' liable to .you for any loss or expense Incurred by you arising .~ out of the action we elect to take. . '.,.1. Your Promise to Pay You promise to pay us the C!mounts of all credit you obtain. which indudes ail Purchases and Cash Advances. t You also promise tc: ,::ay us a:' the amounts of finance charges. 1 fees. a,nd any other transactions we charge against your account. 1 j ! l .! , l ~ ; j 1 I J 1 IT. , . I ~ j 1 '\ ,) 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 cyde that are greater than the Total Minimum Payment Due wiil 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 U.S. dollars and those drawn on a f1nanciallnstitutlon located outside of the United States. Payment of your Total Minimum Payment Due may npt avoid the assessment of Overlimit Fees. WFre.lI Your Payment Will BeCredited , to Your Aaount We credit payments as of the date received. if the payment is: (I) received by 2 p.m. IEastern Tlmel: l2) received at the address shown in the upper ieft-hand comer of the front of your monthly statement; I3l paid with a check drawn in U.S. doUars on a U.S. finandai institution or a U.S. dollar money order: and 141 sent in the return envelopa with oniy the top portion of your-statement accompanying it. Payments received after 2 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. :'. How We Allocate Your Payments We will allocate your payments in the manner we determine. 5 In most instances. we will allocate your payments to balance (including new transactions) with lower APRs before. balance with higher APRs. This will result In new balances with a lower APR I e.g.. those with promotional APR offers) being paid before any other existing balances. Promise to Pay Applies to All Persons All persons who Initially or subsequently request. accept. @uarantee or use the ac:count are individually and together responsible for any total outstanding balance. We may refu~ to release from liability any person who is responsible to pa: any total outstanding balance. until all of the cards, ac.cess chec:ks. and other credit devices outstanding under' the account have been returned to us. and any such person.or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You wili be In default of this Agreement if: 1 i) you fail to make any required Total Minimum Payment Due by Its Fayme! Due Date: {2} your ~atal outstanding balance exceeds'your credit limit: or 131 you rail to abide by any other tenit of this Agreement. Solely lor the purposes of determining eligibility and premium pJymlnt Q~li~t't"\nc: fnr th", nptlnn;::al credit Insu ance purchased through MBNA. you will be deemed.!n defaull or delInquent if you fail to make a payment within 90 days of your Payment Due Date. Our failure tq exe~se any of our rights when you default does not mean that we are unable, to exercise those rights upon later default. ' When We May Require Immediate Paymel If you are In default we can requIre immediate payment of your total c,':ltstandi~g balance and. unless prohibited by applicable law and except as otherwise provided under the Ar6/lratiol1 and Lmgario~ seCtion of this Agreement, we can also require you to pay the ccsts we in~l.:!rin anycol.lection, proceeding. as well as reasonable attorneys' fees If we refer your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments, partial payments. or paymel with any restrictive writing without losing any of our rights under this Agreement. This means that nQ payment. lndud those marked with 'Pald in full" or with any other restrictive words. shall operate as an accord and satisfaction withQ!Jt t prior written approval of one of our senior officers, You may not use a postdated check to make a payment. If you do pot date a payment check. we may elect to honor It upon prese ment or return it uncredited to the person -that,pres~nt~d.,l' without in either case waiting for the date -shown on the check. We are not liable to you for any loss or expense. incurred by you arising out of the action we elect to take. Payment Holidays We may allow you, from time to time. to omit a monthl~ payment. We wJ1l notify you when this option Is availabie. If you oml~ a payment. financ. charges and any applicable fees will accrue on your account in accordance with this -: Agreement. You must resume making your Total Mlnlmurr Payment Du. each month ,following a payment holiday. Transactions Made in Foreign CurrenciE If you make a transaction in a foreign curren.cy, the trant tlon will be converted by Visa Int.mational or MasterCard International.. depending on which card you use, into a U.~ 6 , .. i dollar amount in accordance with the operating re8ulations or <; conversion procedures in effect at the time that the transaction .~ is processed. Currently, those regulations and procedures ! provide that the currency -conversion rate to be used is either i [I) a wholesale market rate or [2) a government-mandated rate l in effect one day prior to the processing date. increased by one 1 percent in each. case. Visa or MasterCard retains this one percent .~ as compensation for performing the currency conversion serv. I ice, The currency .conversion rate in effect on the processing. i date may differ from the rate in effect on the transaction date { or the posting date. Billing Cycle J Your biJIinli cycle ends each month on a Closing Date .! determined by us. , Each blliing cyde begins on the day after i the Closing Date'of the previous billing cycle. Each statement :j reflects a single bill~~~ ':I';le...,. ' ' J Account ,Fees'iz'rld CJiarges '. '. ;~ Account Fees: The following fees, which are set forth on your :j!l Required Fede~al Disclosu,res or, Initial Disclosure, are ,charged ." as Purchases in the billing'cyde in. which the fees acc:Ue, . " j (I ),a Late Fee if the Total Minimum Payment Due shown on :' your monthly ct.::r.t,cl;ncnt i= not received by,u: an er ec!ore it'3 .' Payment Due'Date;. :. ':', (21 an Overlimit Fee I(your New' Balance Total exceeds your .i, credit limit on the iast day of a billing cycle. even iffees ,or .~: finance charses clTargec'bY'-,us cause your N~' Balance Tatar. " to exceed your credit limit an Overllmlt Fee is charged to your j" account as of the day ,in the billing cycle that your total out- , ; standing balance on your, account exceeds your credit limit; , (3) a Returned Paymerii'Fee'lf a payment on'your account Is ~': returned for insuff ~;;ent'fur..'js or for any other reason, even if ::~, it Is'paid upon subseciuenfpresentment: . ~ " ., .;: (4) a Returned Cash ~dxarice eheck Fee If we 'return an access ;- j check unpaid for any r,eas,ory. e.ven ,it th,:! !5C~SS check is paid. .': upon subsequent presentmentj . ' ~ IS I a Copy Fee: for each' cppy of a monthly statement or sales !' ~ draft.. except that the sb: most recent monthly .statements and '. six sales dralts will be provided for free: and ,~ (O) an Annual Fee IfYOUf~c;count Is open or If you maintain an . ; account balance. whether, you haye a'ctlve charging prlvlleges. ~,or~. ~. ;: !lliandoned Property Charges, Unless prohibited by applicable , i law, we will charge your account, as a Purchase, for any costs' " ; incurred by usassodated'with complYing with state abandoned "; property laws. .' t Please review your Required Federal Dls~~sures or Initiar' ! Disclosure for additional fees and charges that may apply to I your account. . i Benefits 'i We may offer you certain benefils and ..JVtces with your jr i account. Unless expressly made a part of this Ag;reement, any I such'benefits orseJVtces are not' a parfof this !\greemenl. but .1! are subject to the terms and restrictions outlined III the benefi~ Ii brochur. and other official documents provided to you from ! time to time by or on behaif of MBNAAmerlca. We may adlust .1 add.. or ~elete benefits and services a~ 'any time and without . I. notice to you. I! RefUsal to Honor Your Account . , ! We are not liable for any refusal to honor your account. I i This can include a refusal to honor your card or account number 11 or any check written on your account. We are not liable for (l 7 '. , , , I , i j" any retention of your card by us. any other bank, or. any provider of goods or services. We May Suspend or Close Your Accoun We may suspend or dose your aC:count or otheNlise te nate your riiht to use your account. We. may do this at a time and for any reason. Your obligations under this Ag:reement continue even after we have done this. You r. destroy at! cards, access checks or other credit devices' 01 account when we request. You May Close Your Account You may dose -your account by notifying us' in.writing telephone, and destroying all cards, access checks or oth credit devices on the account. Your obligations under thi Agreement continue even after"you have.d~ne this. Transaltions After,Your Account Is Clo: When your account is dosed. you must contad: anyone authorized to charge transactIons to your account. such as internet service providers. health clubs or insuran,~ cornp.l These transactions may continue. to be charged to your ;:u""'f"l'lnt nnti! you change the billina. Also. if we believe have authori:z.ed a transaction or are attempting to use y. account after you have requested to close the account. ~ may allow the transaction to be charged to.your aCCOlJnt We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding, deieting. or-changing provisions of 1 Agreement. When we amend this Agreement We wil1 cor with the ar~_llcable"otice requirements of federal and. Delaware I;...,y that ale In effect Qt that time. If an amend gives you the opportunity to relect the change. and If you the change in the manner provided in such amendment. , may terminate yo.ur r1ilit to receive credit and may ask y return all credit devices as a condition of your rejection. amended Agreement (Indudlng any higher rate or other I charges or fees) will apply to the total outstanding balar includIng the balance existing before the amendment be<::an effective. We may replace your card with another r:ard at an! We May Sell Your Aaount We may at any time. and without notice to you, sell. .: or transfer your account, any sums due on your accol.lnt, Agreement, or our rights or obligations 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 andlor 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 ma change your credit limit from time to time. The amount shown on your monthly statement as Ca Credit Available does not take: into acc:ount any Purchas Cash ^d~ances, finance charges. fees, any other ttansad 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 Cverllmit Fees. 8 , , :.1.: What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authorizations at any time must not be more than.your credIt limit. If you attempt a transaction which results in your total outstanding balance (plus-authorizations) exceeding your credit limit, we may: (I) permit the transaction without raising your credIt limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit' as immediately due; ar (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 permit a Check Cash Advance or Balance Transfer, we may do so by advIsing the person presenting the Check Cash Advance or Salance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or In any other manner. lfwe have previously permitted you to exceed your,credit limit. it does not mean that we will permit you to exceed your credit limit again. If we deci,!e to permit you to exc:eed Y9ur credit limit, we may charge an Overlimit Fee as provided in this Agreement. Unautnori:zgd Use of Your Card Please notify us immediately of the loss. theft. or possible unauthorized',Use of your account at 1-800-421-2110, ~ .~ :i " . 'f :j ,1 .1 J 1 .. , , i " 1 , 1 ! J " T t :t j 4 1 a You Must NotifydU~ When You ~ Change Your Ad ress We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When yr:.\J chanr~ your address, you must notify us promptly of your.;,ew addro:::ss. what Law Ap;mes 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 lwlthout regard to Its conflict of iaws princIples) and by any applicable federal laws. The Provisions 0'( This Agreement are Severable If any provislon.of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our RigfrtsContinue Our failure or delay In exerdslng any of our rights under this Aireement does not mean that we are unable tCJ exercise those rights later. Arbitration and Litigation This ArbitratIon and Litigation 'provision applies to you unless you were given the opportunity to relect the Arbitration and Litigation provisions and you did 50 relect them In the manner and timeframe required. If you did reject effectively : such a provision, you agreed that any \Itlsatlon brought by you I. '.' against us regardlne this account orchis Agreement shall be brought In a court located in the State of Delaware. I'i, Any claim or dispute ("Claim") by either you or us against the other, or against the employees, aients or assigns of the 1,~, other, arising from or relating in any way to this Agreement or .' any prior Agreement or your acc:ount (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable reilef). Including ti " ., J I ! , ': i , , i " ! ,. I, I! , . 9 , Claims regarding the applicability of this Arbitration and Litigation Section Or the validity of the entire Agreement 0 any prior Agreement, shall be resolved by binding arbitrati, The arbitration shall be conducted by the National Arbltrat Forum I"NAF"'J. under the Code of Procedure In e/fect at the tl the Claim Is med. Rules and forms of .the National Arbltratiol Forum may be obtained and Claims may be flied at any,Natlc Arbitration ForlJm offic~. WVIW.arb--forum.com. or P.O. Sex 501 Minneapolis, Minnesota 55405. telephone 1.800.474.2371. If NAF is unable or unwilling to act as arbitrator, we may sui stitute another nationally recognized. independent arbitrat organization. that USes a similar code of procedure. At you written request, we wIll advance any arbitration filing fee, administrative and heaiing fees which 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 i arbitration filing. administrati....e or hearing fees in an am01 greater than what your court costs would have been if the Cfaim had been resolved In a state court with jurisdiction. Any arbitration hearing at which you appe~.r-wll! take, place within the federal judicial district that In<;lud~s your blilin, address at the time the Claim is filed. This arbitration ag" 11lt::1lL i::. IlldJe jJUI~lJdlIL lu d lldll:ldl.Liull lllv\Jlvj~li,;htl:l~lct commerce and shall be iovemed by the Fed~ral Arbitratiol Act. 9 U .S,C. H 1-16 ("FAA"). Judgment upon anI arblfrati, award may be entered In any court having jurisdtalon. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of Iimit"tlor and shali honor any claims or privilege recognized'by law. ,If party requests. the arbitrator shall write an oplnion.c:ontaini 1 the reasons for the award. No Claim s':'-:;;mittec.::o arbitration 15 heard.by a jury Sn< no Claim may be brought as a class action or as a private attorney general. You do not have the r\gh~ ~o act as a da representative or particlpate as a member of a class of daimants with respect: to any Claim. This Arbitration and Litigation Section applies to all Claims now In existence 0 that may arise in the future. . This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunt2 payment of the debt in full by you. any bankruptcy by YQU sale of the debt by'us. For the purposes of this Arbitration and Litigation Secti "we" and .us" means MSNA America Bank. N.A.. its panmt subsidiaries. affiliates, licensees. predecessors. successor:: assigns. a-nd any purchaser of your account....and all of thei officers, directors. employees. agents and assiins or any a all of them. Additionally: .we" or "~s. shall mean any thlre party providing benefits. services, or products in connectl< with the account lincluding but not limited to credit bur.. merchants that accept any credit device issued urider the account, rewards or enrollment services. credit' insurance companies. debt collectors and all of their officers. directc employees and agents! if. and only if, such a third party is named by you as a co.defendant in any Clllli~. fOU assert a.galnst us_ 11 any part of thi~ Arbitration and tltlgation Section Is found to be invalid or unenforceable under any law or stat consistent with the FAA, the remainder of this Arbitration LItigation Section shall b. enforc.abl. withoutr.gard to , invalidity or unenforceability. THE RESULT OF THIS ARBiTRATION AGREEMENT is T EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE UTI GATED iN COURT, iNCLUDiNG SOME CLAIMS THAT COU \0 , , , i In....v!:. Ce..c.l~ l Kll:.LJ Cl:.rvf".I:.'/'\ IUKt;.....:lI..~" t'\'-.11Vl'f'='VK. liAS PRIVATE ATiORNEY CENERAL ACTIONS. j icREDIT INSURANCE BENEFITS, 11L1MITATlONS, COSTS & EXCLUSIONS ,CONSUMER PROTECTION,DISCLOSURES lCRED'IT INSURANCE IS: NOT A DEPOSIT"'NOT FDIC- ,INSURED, NOT INSURED BY Ar-fY FEDERAL GOVERNMENT j iAGENCY,AND N()T GUARANTEED BY THE BAN~.. . i !PURCHASE'OF CREDIT INSURANCE IS NOT,A CONDITION i ,OF OBTAINING CREDIT. IF COVERAGE IS DESIRED. IT 'i ,) , MAY BE PURCHASED ELSEWHERE:. ; Cr~dit lnsur"ance: pays xou,r.m.irii:num monthly payment- 1 I up to your balance on the date 011055 Inot to exceed 525.000, '1, I except disability in MN). until you return to work" if you are '=- i invo.!untarlly u nemployed.1Q!sfu disablea. or if you or your 1 spouse takes covered family I.eave: Credit Insur~'nce also I pays your insured outstanding. balance up to the least of your I outstandinll balance. your credit Iirnlt Inot AL, AZ. ~', DE, DC. 10. IL, lA, LA. MD. MN. MS. NY, NO. OH. OK, RI.,SD..VT. !WA. VN &-WY1. or S25.000 if you die. . , " j ElI.l!!'lbllitv: One insured per account (insured must'be the" primary cardholoer Ot a co~appl1canL, authonzedu~eI~ dll:.JluL ellilbie), under aie 66170 in AZ'. NV.. VA: 71 in FL;GA.'Mi. MO &- OK: n In NMj, Your coveralle ends at these sarnUies ,(except farnily ieave in AZ..fL &- SO &- unernployment). When .'enrolled. certificates wIB be mailed explaining your coverage &- effective date. In MN. unernployrnent coveralle I. effective i 6 i days frorn your certificate effective date. For unemployment I odarnliy leave benefits. you rnust'be gainfUlly employe~ . i workinll at least 30 hrslwk Inot seif'ernployed or an Independent 1 !'contraaorj for 90 co:,!,!cutiv~;:1ays before the date of loss' IlcO. before application date). IPA. on the date of lossl. " r ITX . before coverage effective date 'for unemployrnent). I :Employees of professlo~~1 corporations may be eligible. . Covera.e:es & Benefits: Credit' Insurance covers: your I death: Involuntary'unemployment due to'lob loss. generai i strikE!. unionized labor dispute; or 16ckou~:'total disability due I to si<:kness or inlury If you are unable to perform the material ; &- substantial duties' of your job lor any job after 12 mos. In 1 PA, 18 rnos. In AL. AZ. AR. CA. DE. DC. GA. HI. 10. IL. lA, KS. - l LA. MD. MN. MS. NV,:NJ"ND. OH. OK. RI. SO. TN, Vi, WA, 'IN. ,. WI & WYJ; your or your spouse's unpaid leave of absence "' from employment due to are of your newborn or newly adopted I child or an incapacitated immediate family rnernber,(m4St be I spouse. child. stepchild or parent in AK): mandatory recall to ! active military duty; jury duty (.except in AKh or residence in i a federally declared dlsaster,.,ea. Loss (not death),must 1 continue at least 30 days before benefits begin. In NY. fO,r.. ~ strikes..unionized labor disputes &.Iockouts. you. must be.. i unemployed for 7 consecutive weeks S. qualify for state unem. i ployment benefits before benefits begin. A daily benefit is i paid'for each day of loss over 30 days for unempioyment in ; NY &- PA. and disability in CA, CT. G!I. NY. MI. PA. RI &- SC. i You may cancel this coverage at any time. If canceled within ! the first 30 days of coveralle, all prerniums will be refunded. ; Exclusions: Life: suicide. in' the first 6 months":of.coyerage ~ tnot MD & MO). Involuntary Vnemployment: retirement. I resignation. -voluntary fodeiture of income or lob 105s ~ue to i willful or criminal misconduct. disability. stnkes In 'IL: miiltary discharge in NY & normal seasonal unemployment In'TX. Disability, normal prellnanc:y or childbirth lnot CA. MA &- NV). intentionally self.inRicted injuries (not MOl. or a pre-existing medical condition durjnll first 6 rnonths of coveraie Inot Nil. il 1 1 1 , I ) j i I Family leave benefits are not paid if you are eliiible for or receiving unemployment benefits or are disabled. This is only a brief,description of coverage, and coverages vary by state. Please refer to your oertllicates for a full explanation of coverage. . Costs cer S100 'Der Month of Avera.e:e Dailv Balance: . Costs apply to Life (LI. Disability (DI. Unemployment (UI &- Family Leave (FI: AL 54.k AK 780: AZ 99.90: AR 990: CA 89.90: CO 50.660: CT 42.890:.DE 99.90: DC 99.90: i'L 890: GA 90.80: HI 89.910: ID 99.50 (L 8:60. D 16.90. U 54<. F2001:IL 80.97c: IN 96c: IA 97.80 (L 7.20'. 0 16.60, U 54e. f 200); KS 85.470: KY 97.40: LA. 99.930: ME' 53.050:'MD 79.740: MA 15.70: MI 85.70: MN 31.470: MS 92.50: MO 61.10: MT 93.9<: NE 95.80: NV 99.87<: NH 950: NI 970: NM 58.ge: NY 52.50 (L8.8e, D 26.80. U 16.901; NC 71.30: ND 94.970: OH 99.90: OK 97,470: OR 80.80: PA 38.10: PR 990': RI99.80: SC 78.80: SD 99.90: TN 92.50: TX 33.7c IL 4.80, 0 12.ge, U 1601: UT 90.440: VT 34.920 IL 6.680. D 12.240. F 160); VA 840 (L 6.10. D 8.90. U 490, F 2001: WA 89.390: WV 99.50: WI 93.60 (L 5.70. D 8.90. U 5ge. F 200 I & WY 99.7c. Avail:!!!lbilitv: Involuntary Unemployment is not available in MA or VT. Family Leave Is not available In Al. CT, MA, MD. MN. NM, NY. PA. or TX. J,Jndernrrltlne: ComcaniesIPoUcv: Involuntary Unemployment; American SecurityIL0115/B5). LOI NY(3/93), AS LOI TXIII199), LOIC-IP-KS(2196), LOIC-IP-<:RS-ME(5185) and LOIC-IP: Standard GuarantylSG LOI (5185} INH onlYI. Llle & Disability: Union Security LIfeIL-I-Z, L-S-G In AL. i'Z., AR, DE. DC. 10. IL, lA, KS. LA. MO, MN, MS. NV, ND"OH, OK. RI. SD. VT"WA, WY & WY; Standard Guaranty Llle (TX onlyV L-I-ZI8192)(3.53RA). First Fortis LIIe (NY Life only)/NYLMOOI3 American Security (NY Dlsabl\lty onIYIIW-S'A, Fortis Insurance (ME t-"Hy)/U.X,,\. FamUyleave: American Securlty/FLP (4197), FLP-FL( 121971 In FL. FLP-NC (3198) In NC, FLP-OKI41971In OK. FLP-VA(2198} In VA, FL-IP(AZ)(7198) In i'Z.. FL-IPI4I97) In IL & IN, FL-IP-KS (12197) In KS. FL.IP-ME (4199) In ME: FL-IP-WY(4197) in WY: Standard C;uarantylFLP 141971 In NH: Union Seourity LifeIFLP-VT(4191) In VT. Solicitinl agents for Mississippi and Florida are Charles M. Gordon and Pamela Curtis respectively. The creditor may receive compensation in connectIon with this offor. It is a crime to provide false or misleading information to an Insurer for the purpose of defrauding the insurer or any other person. Penalties Include Imprisonment andlor flnes. 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 over credit limIt amounts. In MI. cover. aile pays 5% of the balance on your date of disabIlitY up to 51250. In OR. coveralle pays the.greater of 11'36th of the bal- ance or the current minimum payment due on your date of loss. In NY & FA, coveraee pays the minimum payment due on your date of loss. In TX, ooverallO pays the greater of 6% Cl your Insured outstanding balance on your date of unemploy- ment or your minimum monthly payment. "The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AI.. NJ., CT.IL, MI, MN MO. NM. NC. NY. PA. SC o.TX: 12 for disability In NJ.. CO,er, FL. KY, MA, MO. MT. NE. NH. NM, NC, OR. SC, UT & VA. I NY, NI & TX Residents Only, To purchase coverages separate!) write to Assurant Group. P. O. Box 50355, Atlanta. GA 30302. Applications will be sent to you. 12 , EXHIBIT "B" .~.,-"-,,_.._- --,-~ --<.., III NATIONAL ARBITRATION FORUM <I> MBNA America Bank, N.A. c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(s), AWARD RE: MBNA America Bank, N.A. v Donald G Hendrickson File Number: FA0401000224498 Claimant File Number: 4264296024020254 Donald G Hendrickson 1126 Linn Dr CARLISLE. P A 170134248 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 01/06/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the 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, fora total amount of$4,921.37. Ho~1J~' Arbl or ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Entered in the State of Pennsylvania ~.J. "Q.. \~-- Date: 04/12/2004 Honorable Harold Kalina, ReI. Director of Arbitration 04J12/2004 f:) fJ ~ ~ 'i ~ - ~ C> j]~rV ~ ~ - ~ E (' ~ \.) " .-1 -. \-:, ;-,.J :'h:'J 'l .,1 -~,J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS HENDRICKSON DONALD G JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HENDRICKSON DONALD G the DEFENDANT , at 1930:00 HOURS, on the 22nd day of June 2004 at 1126 LINN DRIVE CARLISLE, PA 17013 by handing to DONALD HENDRICKSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ~;;::~~ 18.00 3.45 .00 10.00 .00 31.45 R. Thomas Kline 06/23/2004 WOLPOFF & ABRAMSON Sworn and Subscribed to before <<- me this '7- day of ~ By: Gu~\ c2{JlJ'f A.D. '( ~ 'tfrr/J ')n_ i I" ~, r thonotary ty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. 042860 Plaintiff vs. DONALD G HENDRICKSON Defendant(s) PRAECIPE FOR JUDGMENT Mr ./Ms. Clerk: Please enter Judgment in favor of Plaintiff and against Defendant(s), DONALD G HENDRICKSON for want of ANSWER TO COMPLAINT. x Amount due Interest Attorney's Commission Filing costs TOTAL $ 4921.37 $ $ $ $ 4921.37, plus interest and costs ( X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain fro the complaint. ( X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify tnat a copy of this praecipe has been mailed LO each other par who has appeared in the action or to his/her Attorney of Record. I X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praec~pe :~/: ::"py of the notice is attaCh~,d' ;u DATE: it>/ TI() Signature: ~P- Amy F. yle /I ~ #87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collect 267 East Market Street York, PA 17403 (717) 846 -1252 Counsel for Plaintiff NOW, (.:J'.I Jf t9 , 20~, JUDGMEN~ IS ENTERED AS ~. pro~~o~~iB;0~~i' Division flY: ~~~~fJ. ~ Deputy PRAECJ/pANOJ W&A FILE NO. 112883737 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE ~9884-1411 NO. 042860 Plaintiff v s , CIVIL ACTION LAW DONALD G HENDRICKSON Defendant(sl AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Amy F. Doyle, Esquire, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, DONALD G HENDRICKSON above~named, ~s over 21 years of age; is last known to reside at 1126 LINN DR CARLISLE PA 17013-4248 CUMBERLAND County, Pennsylvania; is not ~n the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. ~~~~----;;~;;;-------------- Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys ~n the Practice of Debt Collection 267 East Market Street York, l?A 17403 (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this l~,.. .'Dl.lj~ "l:}-j J- -~~-~________u_ No ary Public PNMAFF!PANOJ W&A FILE NO. 112BB3737 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 NO. 042860 Plaintiff vs. CIVIL ACTION - LAW DONALD G HENDRICKSON Defendant(el CERTIFICATE OF RESIDENCE PA. R. C , p. 236 T, hereby certify that the precise residence of Plaintiff is; MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1111 and certify that the last known address of the within Defendanttsl is: DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013~4248 -- -~ --~~------------------- Am~ L~~-~062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON. L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 \7i7} 846-1252 Counsel for Plaintiff PCRES!PANOJ W&A FILE NO. 112803737 (rOLL FREEl 1-800-758-0875 NIITI\lt!nlCOI.I.ECTION ATTORNEY NETWORK AFfJUA FIRM LOC;ATtON~ lNO, aRAttCH OFFice OF WOLPOFF & AaRAMSON. L~.P.l' HONOLULU, HAWAII FARGO, NORTH DAKOTA BOISE, IDAHO CLEVELAND, OHIO MERA1LLVllI.E, INDIANA OKLAHOMA CITY, OKLAHOMA CHICAGO, ILUN01S e:UGENE, OREGON KANSAS CITY, KANSAS PROVIDENCE, RHODE ISLAND LEXINGTON, KENTUCKY COLUMBIA, SOUTH CAROl.lNA METAIFlIE, LOUISIANA KNOXVILLE, TENNESSEE NEEDHAM, MASSACHUSETTS HOUSTON, TEXAS SOUTHF!Et.O, MICHIGAN SANDV, UTAH M1NNEAPOUS, MINNESOTA MILWAUKEE, WISCONSIN ST. l.OUIS, MISSOURI RAWUNS, WYOMING GREAT FALL.S, MONTANA OMAHA, NE6RASKA . Th. National Cl:ll\.ctlon LAS VEGAS, NEVADA AttQmlY NI(w6rk la an .ffill,t1on MANCHESTE.R, NEV\I HAMPSHIRE 01 .aplrlte law 1lrm.. ceOAR KNOLLS, NEW JERSEY W&A HOUTS (j{ Opellllon: SYOSSET,New YORK 8a.m.-11 p.m. E.S.T. M-F RALE:IGH, NOfnH CAROLINA AAIN OFFICE ,oWO IRVlNGTON CENTRE r02 KING FARM BLVD, ROCJ(VILLE, MD 20850 BRANCH OFFICES 10e05 JUDICIA\.. DA., SLOG. A-S, FAIRFAX. VA 22030 1108 E. MAIN ST., STe. 1003, RICHMOND, VA 232Hi 5122 GREENWICH RD., VIRGINIA BEACH, VA,23462 919 N. MARKET ST.. STE. 1300, WILMINGTON. OE: 19899 1954 GAEENSPfllNG DA., STE. 400, TIMONIUM, MD 21083 1 VAU.EV8.4l'<<.8l.OG.. BOX. \228. ClAAl<SaJRG, WV 213302 2625 TOWNSGATE RDN330, WeSTLAKE VILLAGE, CA 913til 267 E. MARKET ST., YORK, PA 17403 LAW OFFICES WOLPOFF & ABRAMSON, L,L.P. Attorneys (n the Practioe of Debt Collection (A NatlOllal C!>>lectloo Attorney Network Firm) 267 E, MARKET STREET YORK, PA 17403 ~~sm C~~W'Wl1ri'lr.Pmb~ ll,Wor 8FF1c~ O~WOli;rrF & A~~AMIlON. tL.~.l' BIRMINGHAM, AlABAMA SAN OIEGO, CALIFORNIA ANCHORAGE, AlASKA eOOE:WOOD, COLORADO PHOENIX, ARIZONA FT. Ll\UOEROALE, FLORIDA CAE30T, ARKANSAS NORCROSS, GEORGIA FACSIMILE: 717-848-1146 PLEASE DIReCT ALL INQUIRIES TO YORK O~r:ICE July 23, 2004 DONALD G. HENDRICKSON 1126 LINN DR CARliSLE, PA 17013-4248 (Q'~!QJ !7 RE: MBNA AMERICA BANK, N.A. / DONALD G, HENDRICKSON Docket No. 04-2860 (CP CUMBERLAND COUNTY) Collection Matter Dear Mr/Ms Hendrickson: We enclose a 10-day Notice pursuant to Rule 237.1 of the Pennsylvania Rules 01 Civil Procedure. Sincerely, WOLPOFF & ABRAMSON, L,L.P. MoYF1::t~ AFD/llb Enclosure THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff No. 04-2860 VS. DONALD G. HENDRICKSON Defendant TO: DONALD G. HENDRICKSON 1126 LINN DR CARLISLE, PA 17013-4248 DATE OF NOTICE: July 23, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY B,E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin cOunty Bar Association Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 BY: Amy F. Doyle, Es ID No. 87062 Philip C. Warholic, Esquire lD No. 86341 Wolpoff & Abramson, L.L.P, Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 Phone: (717) 846-1252 Fax: (717) 848-1146 j'H-t_A Ir: 11"'(1 "-~ ~1L~~ IT ..... -s 8 fJ ~ ~ ~ ~ ~ ~ r-- p.t o-:z-.... ~ J 168 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 No. 042860 Plaintiff : vs. DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 Defendant (5) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, By: ~ Amy . Doyl /I 7062 Daniel F. /120617 Bruce H. Ch rkis /118837 Philip C. Warho1ic /186341 Ronald M. Abramson /194266 Ronald S. Canter /194000 Donald P. Shiffer /189451 Andrew C. Spears /187737 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 cc: PAPR4/PA176A W&A FILE NO. 112883737 ....-} ,ii I....Cl c:; <=1