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HomeMy WebLinkAbout04-40664962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, MBNA AMERICA BANK, N.A. NO. Oq - z{O(a(e 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. JOHN C JASTRON 218 E LOCUST ST MECHANICSBURG PA 17055-6523 Defendant(s) NOTICE CIVIL ACTION - LAW PENNSYLVANIA You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le ban demandado a used en Is torte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de Is fecha de lademanda y Is notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, Is torte tomara medidas y psedido entrar una orden contra used sin previo aviso o notification y por cualquier queja o alivio que es pedido en Is petition de demanda. Used puede perder dinero o sus propledades o otros derechos importantes pars. used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOT/PACCP W&A FILE NO. 112566678 4967 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. DLI Flo(.(.. 01.0 655 PAPER MILL ROAD 1 MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. JOHN C JASTRON 218 E LOCUST ST MECHANICSBURG PA 17055-6523 Defendant(s) CIVIL ACTION - LAW COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. , by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: 1. Plaintiff, MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 is a business entity doing business within the Commonwealth of Pennsylvania and the other states of the United States. 2. Defendant, JOHN C JASTRON is an adult individual with a last known address of 218 E LOCUST ST MECHANICSBURG PA 17055-6523 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. The Terms and Conditions governing this account is attached hereto, incorporated herein and marked as Exhibit "A". 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods and/or for obtaining services. SOARBI/PACCP W&A FILE NO. 112566678 4971 5. Plaintiff provided Defendant(s) with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). 6. Pursuant to the Agreement concerning this account, the parties agreed that this matter be referred to Arbitration in the event of any claim and/or dispute if the account is referred for collection. See Exhibit "A" as previously identified and incorporated herein. 7. This matter was referred to Arbitration for determination and disposition, whereby an Arbitration Award was entered against the Defendant(s) and in favor of the Plaintiff for the outstanding balance due. A true and correct copy of the Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B". 8. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account, as a result of charges made by said Defendant(s) and/or any authorized users is the sum of $ 23433.91 9. Despite reasonable and repeated demands for payment, Defendant(s) has/have failed, refused and continue(s) to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MBNA AMERICA BANK, N.A. respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), JOHN C JASTRON , in the amount of $ 23433.91 plus costs of this action and such other relief as the Court deems proper and just. s #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff Respectfully submitted, w* Amy F. Doy I/870 2 Daniel F. lfson #20617 Bruc e H. C erki SOARB2/PACCP W&A FILE NO. 112566678 4975 ATTORNEY VERIFICATION I hereby state that I am the attorney for the Plaintiff, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, am authorized to take this verification on behalf of said Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy Y . Do1 Daniel F. W fson x/20617 Bruce H. Ch rkis x/18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE NO. 112566678 4967 EXHIBIT "A" i Credit`Card:Agreemerit- ... Additional 't'erms 'and Conditions •e T^:C'.:•:. ':)':6.`i ?f.''.a LiC`'{.{f, t?N:. ?:??--'ii^S.1}}?h„ :i+ r. ._r(..- .?wyE:`sy,:li?•Rl`..^?.ti?•tY:."t:y..h.`-y?.-.t_ ? .Accuracy of?lnformation`f'umrsA;edto- Credit Rep6rtfn-1 geiicres:.:_ a.:...:a....._:.4 ¦ 'How to Use Your Account ............:..........4 ¦ Payments on Your Account... ................... 5 ... Y.F.-, a :; z . :..... ¦ We May Amend This Agreement .............8 y. M.AVhat.Law'Applies:_.L ,.__9 ; • '.31::x,_. .. - ..?i`}":TS.: ¦ Arbitration and Liti tion•.,........._.....:_...9 ..._ - NEXT'-A Your Contract With Us Your Credit Card Agreement with us consists of these Additional Terms and Conditions and the document called thq Required Federal Disclosures or the initial Disclosure. YO-agree to the terms and conditions of this Agreement. Fotthe purpose of the Privacy Notice, we will use the definition: cortained in the third paragraph of the Privacy Notice, For therremainder of the Agreement, we will use the definitions described under the section heading Wards Used often in TWAgrament. Privacy Notice Your privacy is Important to us: At MBNA, we ate committed to providing you with the finest financial products and services backed by consistently top-qualit: service. And while information about you is fundamental to our ability to do this, we ful"ecognize the importance 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 allays 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 share, and the benefits you receive when we share information about: you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates. including MBNA America Bank, NA.. MBNA America (Delaware), NA., 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 MBNAs 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 Our Security Procedures: 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 safeguardt that comply with federal standards for the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards, use it only for a permitted 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 effi- ciently. MBNA requires any company receiving infor- motion from MBNA to sign a Confidentiality Agreemen containing these requirements and obligating that company to protect the information as we would, information We 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: • 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 from third parties, such as consumer reporting agencies, to verity statements you've made to us, or regarding your employment. credit. or other relationships: and • Information about your transactions with MBNA and with other companies outside of MBNA. Information We Share Within MBNA: We may share all of the information we collect about you with financial service companies within MBNA to offer additional products or services that may interest you and best meet your needs. We believe this is convenient for you and may save you both time and money. To do so. we share identification information (such as name and address). transaction 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 please understand this does not prohibit us from offering you additional products and services or from sharing transaction and experience, identification, and other information within MBNA!? Information We Share With Others.. From time to time, we may allow companies outside of MBNA to offer V you their products and services that may interest you. These products and services may be offered by financial service providers lsuch as banks, loan brokers, account '£rl aggregators, insurance agents, insurance companies. mongage 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 others (such as nonprofit organizations). Subject to applicable law, we may share - all the information we collect with these companies out-' side of MBNA unless you tell us not to. Additionally, we may share all the information we collect with companies that perform marketing or oth " services on our behalf or to other financial institution 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 A; collect with companies assisting us in servicing your loan or account, with companies that endorse our k products and services through affinity agreements, with government entities in response to subpoenas +ar:. tegulatory, requirements: acid with consumer reporting agencies. If you t%II us not to share information with companies outside of MBNAthat wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. Important Information About Your Choice; We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and serv- ices as described above. If you wish to opt out of such information sharing, please call toll-free 1.866-751.1255. We. will ask you to verity 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 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 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 land not revoked in writing) does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information r ,gatding MBNP: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 lair. Words Used Often in This Agreement -Agreement- or -Credit Card Agreement'means these Additional Tetins and Conditions and the Required Federal Disclosures (or 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 ate granted, accept, or use on account we hold..-You' and your' also mean any other person who has guaranteed payment of this account. when used in the sections entitled We May Monitor and Raord Telepiione Colts and Arbitration and Litigation and when used in each of the se?tions relating topsyment of this account (Your pmnsiseto pay and How We Aku* your Pay+nena, for exampki -we.' 'us.' 'our', and'MENA America' mean M6NA America Bank. N.A. 'Card' means all the credit cards we issue to you and to any other person with authorization to use this account pursuant to this Agreement. 'Access check' means an access check we provide to you t make a Check Cash Advance on your account. it we use a capitalized term In this document but do not define the term in this document, the term has the meaning given in the Required Federal Disclosures or the Initial Disclosure or as used in your monthly statement. We use section headings [such as Words Used Often in Tb Agrementl to organize this Agreement. The actual terms c this Agreement are in the sentences that follow and not. the headings. Sign Your Card You should sign your card before you use it. We May Monitor and Record Telephone Calls You consent to and authorize MBNA America, any of its of t aces, or its marketing associates to monitor and/or record at of your telephone conversations with our representatives or the representatives of any of those companies. . Credit Reporting Agencies You authorize MBNA America to collect information about you. including credit reports from consumer reporting agenda if you believe we have furnished inaccurate or incompeets !i information about you or your account to a credit reporting agency. write us at: MBNA, Credit Repotting Agencies. P.O. Box 17054, Wilmington, DE 19884.7054. Please include you'-; name. address, home phone number, and account number, and explain what you believe Is inaccurate or incomplete. Now to Use Your Account You may obtain credit in the form of Purchases and Cash Advances by using your cards, access checks, account num- 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. Transaction Date for Certain Cash Advano The transaction date for Check Cash Advances and Belar Transfers done by check is the date you or the person to whom the check is made payable first deposits or cashes lit check The transaction date for a returned payment (which will then be classified as a Bank Cash Advancel is the date that the corresponding payment posted to your account. Purposes for Using Your Account You may use your account for personal, family, or houseb 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 a this or any other credit account with us. You may not use a; permit your account to be used to make any illegal transatai '. Persons Using Your Account If you permit any person to use your card. access thee k account number, or other credit device with the authorizer to obtain credit pn your account, you may be liable for a 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 check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral arrd written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You May Not Postdate an Access Check you may not issue a postdated access check on your account. II you do postdate an access check, we may elect to honor it upon presentment of return it unpaid to the person who presented it to us for payment. without. in either case, waiting 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 iach 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 U.S. 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 11) received by 2 p.m. (Eastern Time): (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in V.S. dollars on a U.S. financial institution or a U.S. dollar money order; and N) sent in the return envelope wtthonly 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. In most instances. we will allocate your payments to balances I Including new transactions) with lower APRs before balances with higher APRs. This will result in new balances with lower APRs ttUCh as thase.with promotional APR offers) being paid before any other existing balances. Promise to Pay Applies to All Persons All persons who init jolly or subsequently request, accept, guarantee, or use the account are individually and together responsible for any total outstanding balance. we may refuse to release from liability any person who is responsible to pay any total outstanding balance. until all of the cards. access checks, and other credit devices outstanding under the account have been returned to us and any such person of persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will be in default of this Agreement U: Ill you fail to make any required Total Minimum Payment Due by its Payment Due Date: 12) your total outstanding balance exceeds your credit limit: or 131 you fail to abide by any other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations for the optional credit insurance purchased through MBNA, you will be deemed In default or delinquent if you fall to make a payment within 90 days of your Payment Due Date. Our failure to exercise any c our rights when you default does not mean that we are unable to exercise those rights upon iater default. When We May Require Immediate Paymen' If you are in default. we can require immediate payment of your total outstanding balance and. unless prohibited b• applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement. we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' lees if we refe your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments. partial payments. or pay- ments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment. including those marked with -Paid in lull- or with any other restrictive words, shall operate as an accord and satisfaetic without the prior written approval of one of our senior offic You may not use a postdated check to make a payment. If you do postdate a payment check. we may elect to honor t upon presentment or return it uncredtted to the person vA presented it. without. in either case. waiting for the date shown on the check. We are not liable to you for any IM or expense incurred by you arising out of the action we elect to t Payment Holidays We may allow you, from time to time. to omit a month' payment. We will notify you when this option is available you omit a payment, finance charges and any applicable i will accrue on your account in accordance with this Agreement. You must resume making your Total Minimu Payment Due each month following a payment holiday. Transactions Made in Foreign Currene 11 you make a transaction to a foreign currency, the tram will be convened by Visa international or MasterCard international, depending on which card you use, into a t dollar amount in accordance with the operating regulatie conversion procedures in effect at the time that the trans is processed. Currently, those regulations and procedur provide tharthe currency conversion rate to be used is I I I a wholesale market rate of (2) a government-mandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or Mastetcwd retains this one percent as compensation lot performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the tote in effect on the transaction date or the posting date. Billing Cycle you, 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 cyck. Account Fees and Charges Account Fees: The following tees, which ate set forth in your Required Federal Disclosures or Initial Disclosure. are charged as purchases in the billing cycle in which the fees accrue: 11) a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date; t2f an Overlimit Fee if your New Balance Total exceeds your credit limit on the last day of a billing cycle, even if fees of finance charges charged by us cause your New Balance Total to exceed your credit limit; an Overlimft Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceed<- your credit limit; of a Returned Payment Fee if a payment on your account is returned lot insufficient funds or for any other reason. even if it is paid upon subsequent presentment; N) a Returned Cpsh Advance Check Fee it we return an access check unpaid lot any reason, even if the access check is paid upon subsequent presentment; 15) a Copy Fee for each copy of a monthly statement or sales draft. except that the six most recent monthly statements and six sales drafts will be provided for free; and (6) an Annual Fee it your account is open or if you maintain an account balance. whether you have active charging privi- leges or not. Abandoned-Property 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 lot additional tees and charges that may apply to your account. Benefits We may offer you certain benefits and services with your account. Unless expressly made a pan of this Agreement. any such benefits or services are not a pan of this Agreement but are subject to the terms and restrictions outlined in the benerns brochure and other official documents provided to you from time to time by or on behalf of MBNA America, We nay adjust, add, or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other bank, or any provider of goods or services. We May Suspend or Close Your Account We may suspend or close your account or otherwise terming your right to use your account. We may do this at any time one for any reason. Your obligations under this Agreement continu• even after we have done this. You must destroy all cards, acces checks. and other credit devices on the account when we reque that you do so You May Close Your Account You may close your account by notifying us in writing or t telephone and destroying all cards, access checks, and other credit devices on the account. Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Closea when your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers. health clubs. or insurance companie: These transactions may continue to be charged to yew account until you change the billing. Also. 11 we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account. we may allow the transaction to be charged to your account. We May Amend This Agreement we may amend this Agreement at any time. we may amend it by adding. deleting. or changing provisions of this Agreement. When we amend this Agreement, we wit) compl,. with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendmen gives you the opportunity to reject the change, and ii you reject the change in the manner provided in such amend- ment. we may terminate your right to receive credit and may ask you to return all credit devices as a condition of yew rejection. The amended Agreement (including any higher-rat or other higher charges or lees) will apply to the total out- standing balance, including the balance existing before the amendment became effective. We may replace your card wit another card at any time. We May Sell Your Account We may at any time, and without notice to you. sell. easier or transfer your account, any sums due on your account, this Agreement. of out rights or obligations under your account c this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shat be entitled to all of our rights arrWor obligations under this Agreement to the extent sold, assigned or transferred. Your Credit Limit Your credit limit is disclosed to you when you receive yoot 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 or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees. any other transactions, or credits that post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessmen of Overlimit Fees. What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authoriza- tions at any time must not be morettan gout credit limit. If yct s -•!?t 'A`§ attempt a ttansaction that results in your total outstanding bal- ance (plus authorizations) exceeding your credit limit, we may I I) permit the transaction without raising your credit limit: (2) permit the transaction and treat the amount of the transaction that is mote than the credit limit as immediately due: or (3) refuse to permit the transaction. it 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 Balance 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. If we 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 decide to permit you to exceed your credit limit, we may charge an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card please notify us immediately of the loss, theft. of possible unauthorized use of your account at 1-800-789-6701. You Must Notify Us When You Change Your Address vie 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 you change your address. you must notify us promptly of your new address. What Law Applies This Agreement' is made in Delaware. and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. The Provisions of This Agreement Are Severable it any provision of this Agreement is found to be invalid. the remaining provisions will continue to be effective. Our Rights Continue out failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arbitration and Litigation This Arbitration and Litigation provision applies to you, unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them, in the manner and timeframt requited. R you did reject effectively such a provision, you agreed that any litigation brought by you 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 [tom or relating in any way to this Agreement of 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). including Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entice Agreement or any prior Agreement. shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum 1'NAFT under the C6de of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com. or P.O. Box 50191, Minneapolis. Minnesota 55405, telephone 1-800.474.2371. 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 filing 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 fat paving those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs 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 agree- ment is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C. 44 1.16 ('FAA'). judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FM and applicable statutes of limitations 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 bankruptcy 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 all 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 lincluding but not limited to credit bureaus. mer- chants that accept any credit device issued under the account, rewards or enrollment services. credit insurance companies, debt collectors. and all of their officers. directors, employees and agents) if. and only It. such a third party is named by you as a codefendant in any Claim you assert against na. if any part of this Arbitration and Litigation. section is found to be invalid of unenforceable under any law on statute consistent with the FAA, the remainder of this Arbitration and Litigation section shall be enforceable without regard to such invalidity or unentoiceability. 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 IURY, AS CLASS ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS. 10 attempt a transanion that results in your total outstanding bal• ante Iplus authorizations) exceeding your credit limit. we may 11) permit the transaction without raising your credit limit; 12) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or 13) 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 Balance 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. if we have previously permitted you to exceed your credit limit. it does riot mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, we may charge an Ovetlimit Fee as provided in this Agreement. Unauthorized Use of your Card Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1.800-789-6701. You Must Notify Us When You Change Your Address We strive to keep accurate records for your benefit and our. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. What Law Applies This Agreemenr is made in Delaware, and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware Iwithout regard to its conflict of laws principles) and by any applicable federal laws. The Provisions of This Agreement Are Severable if any provision of this Agreement is found to be invalid. the remaining provisions will continue to be effective, our Rights Continue Our failure of delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arbitration and Litigation This Arbitration and Litigation provision applies to you. unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them, in the manner and timeframc required. If you did reject effectively such a provision. you agreed that any Iitigatiori brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim of dispute t-Claim-1 by either you or us against the other, or against the employees, agents, or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or you' account (whether under a statute, in contract. tort. or otherwise and whether tot money damages, penalties, or declaratory or equitable relief). including Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Agreement or any prior Agreement. shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ('NAF'i` under the C68e of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800.474.2371. If the NAP is unable or unwilling to an 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 filing lee, 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 fat paying those fees. In no event will you be requited to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater then what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agree- ment is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act.9 U.S.C, gat 1-16 VFW). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and'applicable statutes of limitations and shall honor any claims or privilege recognized by law, it 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 anion 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 Of 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 bankruptcy 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 all 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 lincluding but not limited to credit bureaus. met- chants that accept any credit device issued under the account. rewards or entailment services, credit insurance companies, debt collectors. and all of their officers, directors. employees end 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 Litigattoa. section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration and Litigation section shelf be enforceable without regard to such invalidity or unenforceabirity. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT As PROVIDED ABOVE, CLAIMS CANNOT BE LrFIGATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS ACTIONS, OR AS PRIVATE A77ORNEY GENERAL ACTIONS. 10 4971 EXHIBIT "B" rlf?i'vl NATIONAL ARBITRATION FORUM 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 John C Jastron File Number: FA0310000203467 Claimant File Number: 4264298999945655 John C Jastron 218 E Locust St MECHANICSBURG, PA 170556523 RESPONDENT(S). The undersigned Arbitrator in this case FINDS 1. That no known conflict of interest exists. 2. That on or before 10/16/2003 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, for a total amount of $23,433.91. Entered in the State of Pennsylvania Ho rab Jack M. Mardert Arbr r Date: 06/07/2004 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. Honorable Harold Kalina, Ret. Director of Arbitration 06/07/2004 w v O I ot-) SHERIFF'S RETURN - REGULAR CASE NO: 2004-04066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS JASTRON JOHN C SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JASTRON JOHN C the DEFENDANT , at 2058:00 HOURS, on the 14th day of September, 2004 at 218 E LOCUST ST MECHANICSBURG, :PA 17055 by handing to LINDA JASTRON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 14.80 Affidavit .00 Surcharge 10.00 .00 42.80 Sworn and Subscribed to before me this .21-4-k- day of / ?Ps.rr ./o12G -f' A. D. c ?P?othonctar So Answers: R. Thomas Kline 09/15/2004 WOLPOFF & ABRAM?S,ON? is By: c, Deputy Sheriff ZY.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. NO. 044066 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. JOHN C JASTRON Defendant (s) Mr./Ms. Clerk: PRAECIPE FOR JUDGMENT COUNTY, PENNSYLVANIA Please enter Judgment in favor of Plaintiff and against Defendant(s), JOHN C JASTRON and , for want of ANSWER TO COMPLAINT. ( X ) Amount due $ 23433.91 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 23433.91 , 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 from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( 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 praecipe and a copy of the notice is attached. DATE: Signature: 'l,(?,{ ?? ?j? Amy Doyl #87062 Daniel F. W lfson #20617 Bruce H. Ch rkis #18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff NOW, 20C) q , JUDGMENT IS ENTERED AS ABO Prothonotary/Cler C' .vision By-? o_CC) / Deputy PRAECJ/PANOJ W&A FILE NO. 112566678 TWO IRVINGTON CENTRE 702 KING FARM BLVD., ROCKVILLE, MD 20850 REGIONAL OFFICES 1060$ JUDICIAL JR., BLDG. A-5, FAIRFAX, VA 22030 1108 E. MAIN ST., STE. 1003, RICHMOND, VA 23216 5122 GREENWICH RD., VIRGINIA BEACH, VA 23462 919 N. MARKET ST., STE. 1300, WILMINGTON, DE 19899 1954 GREENSPRING DR., STE. 400, TIMONIUM, MO 21093 1 VALLEY BANK BLDG. BOX 1226, CLARKSBURG, WV 26302 2525 TOWNSGATE RD #330, WESTLAKE VILLAGE, CA 91361 267 E. MARKET ST., YORK, PA 17403 NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATED FIRM LOCATIONS [NOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON, L.L.P.] * BIRMINGHAM, ALABAMA ENGLEWOOD, COLORADO ANCHORAGE, ALASKA FT. LAUDERDALE, FLORIDA PHOENIX, ARIZONA NORCROSS, GEORGIA CABOT, ARKANSAS HONOLULU, HAWAII 112566678 JOHN C JASTRON WOLPOFF & ASRAMSON,L.L.P. Attorneys in the Practice of Debt Collection (A National Collection Attorney Network Firm) 267 EAST MARKET STREET FIRST FLOOR YORK, PA 17403-2000 717-848-6203 OUTSIDE YORK METROPOLITAN AREA (TOLL FREE) 1-800-758-0675 FACSIMILE (717) 848-1146 PLEASE DIRECT ALL INQUIRIES TO YORK OFFICE OCTOBER 15, 2004 218 E LOCUST ST MECHANICSBURG PA 17055-6523 AFFILIATED FIRM LOCATIONS [NOT REGIONAL OFFICES OF WOLPOFF & ABRAMSON. L.L.P.I * BOISE, IDAHO CLEVELAND, OHIO MERRILLVILLE, INDIANA OKLAHOMA CITY, OKLAHOM CHICAGO, ILLINOIS EUGENE, OREGON KANSAS CITY, KANSAS PROVIDENCE. RHODE ISLAP LEXINGTON, KENTUCKY COLUMBIA, SOUTH CAROUIs METAIRIE, LOUISIANA KNOXVILLE, TENNESSEE NEEDHAM, MASSACHUSETTS HOUSTON, TEXAS SOUTHFIELD, MICHIGAN SANDY, UTAH MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN ST. LOUIS, MISSOURI RAWLINS. WYOMING GREAT FALLS, MONTANA OMAHA, NEBRASKA LAS VEGAS, NEVADA The National Collection MANCHESTER, NEW HAMPSHIRE Attorney Network Is an CEDAR KNOLLS, NEW JERSEY affillation of separate law fire SYOSSET. NEW YORK RALEIGH, NORTH CAROLINA W&A Hours of Operation: FARGO. NORTH DAKOTA 8 a.m. - 11 p.m. E.S.T. M•F I W&A File No. 112566678 Re: MBNAIVISA vs. JOHN C JASTRON Docket No. 044066..° ?; ? rya Dear JOHN C JASTRON Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, WOLPOFF & ABRAMSON, L.L.P. Amy ayle, Esquire Enclosure This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10DIPANOTC LTRHD (09/22/04) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. NO. 044066 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. JOHN C JASTRON Defendant (s) TO: JOHN C JASTRON 218 E LOCUST ST MECHANICSBURG PA 17055-6523 DATE OF NOTICE: 10/15/04 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 BE 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection By: r1 .. r 1 l t?l Amy F. Doy Esquire 267 East M ket Street York, Penns lvania 17403-2000 Telephone: 717) 846-1252 I.D. #87062 Counsel for Plaintiff IMPNOT/PANOTC W&A FILE NO. 112566678 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. 044066 Plaintiff Vs. JOHN C JASTRON Defendant(s) CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: MBNA AMERICA BANK, N.A. 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 and certify that the last known address of the within Defendant(s) is: JOHN C JASTRON 218 E LOCUST ST MECHANICSBURG PA 17055-6523 e?c Amy f D/X'd oyle #87062 Daniel F. Wo son #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 (717) 846-1252 Counsel for Plaintiff PCRES/PANOJ W&A FILE NO. 112566678 287 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MBNA AMERICA BANK, N.A. No. 044066 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. JOHN C JASTRON Defendant (s) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMB AND rj r? 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, JOHN C JASTRON , above-named, is over 21 years of age; is last known to reside at 218 E LOCUST ST MECHANICSBURG PA 17055-6523 O-U An?Q.,A^a County of jofk, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act and its Amendments. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dina A. Sweitzer, Notary Public City of York, York County my Commission Expires Apr. 16, 2008 SWORN and SUBSCRIBED to before me this OAA? Amy O. Doy #87062 Daniel F. ilkis fson #20617 Bruce H. C#18837 Philip C. Warholic #86341 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff H day of Q?Q vh?W , 200y . Notary Public PNMAFF/PANOJ W&A FILE NO. 112566678 3 ? w C h? J IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA 1VIBNA AMERICA BANK, NA Plaintiff, V. JOHN C. JASTRON Defendant No. 04-4066 Civil Action - Law PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please strike the, judgruent in the above captioned matter in accordance with the attached Order of Court. By: Name: Lee E. Oesterling, Esquire Address: 42 East Main Street, Mechanicsburg, PA 17055 Date: 11-2-07 r w IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, HARRISBURG DIVISION IN RE: JOHN C. JASTRON Debtor / Movant MBNA AMERICA BANK Creditor/ Respondent Case No. 1-QE k-00175 CHAPTER 7 LIEN AVOIDANCE ORDER AVOIDING JUDGMENT LIEN (1) It appearing to the court that no answer or other responsive pleadings having been filed in the above styled proceeding to avoid lien and the time allowed for the filing of response pleadings as set by the court having expired, the above styled matter is in default. All allegations of the movant/debtor are held to be admitted and the court finds as a matter of fact that the lien by the respondent/creditor is a judicial lien which interferes with real & personal property of the debtor. (2) All of the property affected by the judicial lien is found to be in the possession of the debtor or the debtor's family or exempt property in accordance with the exemptions provided under §522 of the Bankruptcy Code. (3) The existence of the respondent/creditoes lien on debtor's real and personal goods impairs exemptions to which the debtor is entitled under 11 USC §522. It is hereby ordered, adjudged and decreed that the judicial lien docketed in the Court of Common Pleas of Cumberland County at docket #044066 in favor of MBNA America Bank, NA (creditor) hereby is avoided and shall be stricken from the docket of the State Court upon praecipe by either party incorporating this Order. IT IS SO ORDERED By the Coma, ?-- B=1JmpiA-'JuaF- (SP) 77iis document is electrorracaliy signed and }1W on the same date. Dated: October i 5, 2007 Q 7, r ?