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HomeMy WebLinkAbout04-4352427 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, MBNA AMERICA BANK, N.A. N0. ©~ -- '~3~ 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS. DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 Defendant(s) . CIVIL ACTION - LAW NOTICE PENNSYLVANIA~7- ~lvil, l~1~1 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en la Corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de pla2o al partir de la fecha de lademanda y la not ifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, la 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 la 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 N0. 112884538 431 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. N0. Oy .. ~~~ (n, 655 PAPER MILL ROAD l~.fJl MAIL STOP 1411 WILMINGTON DE 19884-1411 Plaintiff VS DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 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, DONALD G HENDRICKSON is an adult individual with a last known address of 1126 LINN DR CARLISLE PA 17013-4248 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.. 112884538 435 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 $ 10517.22 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), DONALD G HENDRICKSON in the amount of $ 10517.22 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, ~~ Amy Doyl ~~87062 Daniel F. W lfson ~~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 SOARB2/PACCP W&A FILE N0. 112884538 439 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 F. Doyle x/87062 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 (717) 846-1252 Counsel for Plaintiff PAVERF/PACCP W&A FILE N0. 112884538 4211. EXHIBIT "A" .... _ s.~_ . : .~ ,.... 4 :.: . Credit Card: Agreement- Additional Terms grid Conditions .. ~. ~'~at~~~r~R~. ~ i ~~ ~+rrracy ~3 mti.'.~'~:.: ~:.~ ... ,T'I'~'#ew ~H{>: ~' 4Vii+?':.L+C~'~in~~~SH ~.~:.. .T` "~. t.]•: ::z:. - ~~:'.ert~s~:!feM~~wY~K[f~~l~~:yl}.yir~i :t: ^' Accuracy ofi-infoniiate$h'iisrntshe~to~~ -~ Credit Reporting Agencies::~.:.~`.`.:~:....4 ^ i-low to Use Your Account::....: ' :...:..:.......4 r - :.:.. ^ Payments on Your Account ......................5 ^ We May Amend This:AgreemenL............8 .yA..r ~..lNhat.Law'APplies:. ' x`,.~. _.~~.....,-,;3.: ^ .Arbitration and Litigation.;.~ ............::.:.....9 1 .a ~'. .. AGAAT Your Contract With Us Your Credit Card Agreement with us consists of these Additional Terms and Conditlons'and the document called the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this Agreement, For the purpose of tfie Privacy Notice, we will use the definition contained in the third paragraph oRhe Privacy Notice, For the remainder of the Agreement, we will use the definitions - 8esu'tbeQuiidei fl5e'sectl'on heading'Wards Uird Often in 7%ts Agran:mt. Privacy Notice Your privacy is important eo us: At MBNA, we are committed to providing you with the finest financial products and services backed by consistently top-quail service. And white information about you is fundament io our ability to do this, we fully recognize the importan of keeping personal and account information secure. Tb 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 and best meet your needs, whether they are available directly from MBNA or through our relationships with othei,companies. We want you to understand our information safeguards, what informatlc we mlleR, what information*we share, and the benefits you receive when we sharennformation about you. This notice describes the privacy practices of MBNr Corporation and all MBNA affiliates, including MBNA America Hank. NA., MHNAAmenca-.(Delatvare), NA., Palladian Travel Services. Inc., MBNA Hallmark information Services, Inc... MHNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, 'MBNA"), for financial products and services governe: by the laws of the United States of America. This notice explains MBNA's information collection and sharing practices and. lets you choose whether or not MBNA may share certain information about you, eith within MBNA or outside of MBNA with other companie Our Security Procedures: MBNA understands the importance of protecting and securing information an using It appropriately. Access~to information about yc is restricted to the people of MBNA who require it to provide products or services [o you, We maintain physic electronic, and procedural safeguards that comply wit federal standards for the security.of in(prmation, When MBNA shares informationaboat 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 Vimlt the amount of information shared tc what is appropriate to offer a product or service effi- ciently. MBNA requires any company.receiving infor- mation from MBNA to sign a Confidentiality Agreeme containing these requirements and obligating that company to protect the information as we would. Information We Collect: MBNA collects and uses nonpublic personal information about you tocondu our business and to consistently deliver the top-qua Customer service you expect from us, Sources of th information include the following: • Information we receive From you on applications and other forms or through yow correspondence or ~ammimica[ion with-osincluding~through the mail, by telephone, or over the Internet: • Information we receive from third parties, such as 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 MBNA. InTormation We Share Wkhin MBNA: We may shah of the information we collect about you with finandal sr ice companies within MBNA to offer additional product services that may interest you and hest meet your need: We believe this is convenient for you and may save you both time and money. To do so, we share identificetion information (such as name and address). transadbn a: experience infonnaiion (such as purchases and paymet credit eligibility information (such as credit reports ant applicatiors). and other information. The dedsion to i chase any such products or services is yours alone. Yo- may tell us not to share credit eligibility information at you within fviBNA. 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 time. we may allow companies outside of MBNA to c you their products and services that may interest yoc These products and services maybe oflered by finane service providers (such as banks, loan brokers, accou aggregators, insurance agents, insurance companies, mortgage bankers, and securities broker-dealers), by n Financial companies (such as retailers, direct marketer communications companies, Internet service provide manufacturers, service companies, travel agents, trot lines, car rental agencies, hotels, airlines, publishers and organisations endorsing MBNA financial produ< or serviced. and others Isuch as nonprofit organizatk Subied to applicable taw, we may share all the infot lion we collect with these companies~outside of MB unless you tell us not to. Additionally, we may share all the information wr tolled with companies that pertorm marketing or c services on our behalf or to other financial instituti with which we have joint marketing agreements. W are also permitted by law to share information abc you with other companies in certain circumstance; For instance, we may share all of the information v collect with companies assisting us in servicing yo loan or account, with companies that endorse our products and~services through affinity agreements with government entities in response to subpoenas or regulatory requirements, and with consumer repotting agencies. If you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. important Information About Your Choice: We're `dedicated to serving your needs -and to respecting 'your choices related to privacy. You may tell us no[ to share credit eligibility information within MBNA, and you may tell us not to share inlonnation with companies outside of MBNA that wish to offer you their products and services as described above. IF you wish to opt out of such information sharing, please call toll-free 1-866.751-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies, so please have all your account, membership, or reference numbers and your Social 5ecuriry number or Taxpayer Identification'numtxr 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 YFor example, a co-applicant, joint accountholder, or authorized user), we'will list the entire account as having opted out. MBNA will continue to adhere to its disclosed.priyacy practices for an. account even if it becomes inactive or is closed. An op[ out from information sharing on an account as described above, either witfiihMBNA acid/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us'to provide this notice on an annual basis,'whe[her 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 [he privaty, security, and protection of information. For additional information regarding MBNA's~privacy practfeestvncerning the Internet. and to view the most recent version of this privacy notice, please go to www.mbna.cgm and click on "Privacy Notice." You may have other privacy pro- : sections under state laws. We may amend this privacy notice at any time, and we will inforrn you of changes as required by law. Words Used Often iri This Agreement -Agreement' or 'Credit Card Agreement' means these Additional Terms and Conditions and the Required Federal Disclosures for the Initial Disclosurej~ and any changes we make to those documents From time to time. `YOU` and "youi mean each and all of the persons who are granted. accept or zest' an attount we hold. "You and "youf also mean any othks'person who has guaranteed payment of this account, when used In the sections entitled, Wr May Monitor and Retord Telephone Calk, and Arhilration and t.ilipatf and when used in each of the sections relating to payme this account (Your Promise to Pay. and How Wr Allaak Yoar Paymena, for example). `We: 'us, :'our' and'MBNA America' mean MBNA America Bank, NA. 'Card' means all the credit cards we issue to you and any other person with authorization for use on this actor pursuant to this Agreement. `Access check` means an access check we provide to y make a Check Gash Advance on your account. If we use a capitalized term in this document but we d define the term In this document, the tens has the mean given In the Required Federal Discosurcs or the Inttlal Disclosure, or as used in your monthly statement. We use section headings (such as, Words Usrd Q/f[n in 7%k Apreemenl) to drgeniu this Agreement. The actual terms of tl Agreement are in the sentences that follow and not the hose Sign Your Card You should sign your card before you use It. We May Monitor and Rewrd Telephone G You consent to and authorize MBNA America, any of It affiliates, or Its marketing associates to monitor and/or re any of your telephone conversations with our represents[ or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA Amenca to collect information aboi you, including credit reports from consumer reporting agem if you believe we have fumished inaccurate or incomplr information about you or your account to a credit reportir agency, write us at: MBNA, CredlC Reporting Agencies, P.C Box 17054, Wilmington. DE 19884-7054. Please include Yt name, address, home phone number, and account numbe and explain what you believe Is Inaccurate or incomplete. How to Use You-Account You may obtain credit in the form of Purchases and Coe Advances by using cards, access checks, your account num or other credit devices. Please refer to your Required Fed Disclosures or Initial Disclosure to determine what transacts constitute Purchases and Cash Advances and how you ma obtain them. Transaction Date (or Certain Cask Adval!u The transaction date lot Check Cash Advances and Bala Transfers done by check is the date you ort. he person to whom the check is made payable first deposits or cashes t check. The transaction date for a returned payment la Bar Cash Advantt) is the date that the correspondin8 Paymen posted to your attount. Purposes for Using Your Account You may use your account for personal, family, or houses 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 c this or any other credit account with us. You may not use o permit your account tb be used }o make any illegal vansac. f _.~._..___-. 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 maybe liable for all transattions made by that person including vansattions for which you may not have intended to be liable, even if the amount of tfwse transactions causes your credit limit to be exceeded, " Authorized users o(thtsaccount'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 and written stop.payment requests an an access ched are eFiective -for six months from the day that we place the stop payment. You May Not Postdate an Attess Check `: You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return It unpaid to [he person that 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 Aay 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 transadions we charge against your attnunt. Payments on Your Account You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount you owe us at any time. Payments made In any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We wilt reject payments that are not drawn in U.S. dollars and those . drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may npt avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited t0 Your Account We credit payments as of the date received, iCthe payment is: I t) received by 2 p.m. IEastem 7Yme1; l71 received at the address shown in the upper leh•hand comer of the hont of your monthly statement: 131 paid with a check drawn in U.S. dollars on a U.S. financiaHnstitution or a U.S. dollar money order; and 14) sent in the return envelope with only the top portion of your statement acmmpanytng It. Payments received aher 2 p.m. on any day including the Payment Due Date. but chat otherwise meet the above requirements, will be credited as o(the next day. Credit for any other payments maybe delayed up to five days. How We Allocate Your Payments We will allocate youi-payments in the manner we determine In most instances, we will allocate your payments to balance linduding new transaMlons) with lower APRs before ba)ancc with higher APRs. This will result in new balances with a lower APR le.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, atttpt. guarantee or use the attourit are individually and together responsible for any total outstanding balance. We may refua to release from liability any person who is responsibie to pal 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.or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. Default You will 6e in default of this Agreement if: (I J you fail to make any required Total Minimum Payment Due by its Paymer Due Date: l21 your total outstanding balance exceeds~your ttedit limit: or (31 you Fail to abide by any otheriertn of this Agreement. Solely for the purposes of determining eligibility and premium payment obl[gatlons for the optiona4 credit insu ante 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 Dale. Our failure to exercise any of our rights when you default does not mean that we ere unable to exercise those righu upon later default. When W~ May Require Immediate Paymet t( you are in tlefault we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the ArtiirmNon and Llrigation section of this Agreement. we 4n also require you to pay the Costs we incur in any collettion proceeding, as well as reasonable attorneys' tees if we refer your account for collection to an attorney who is no[ our salaried employee. Other Aayment Terms We can accept [ate payments, partial payments, or paymer with any restrictive writing without losing any of our rights under th(s Agreement. This means that no payment, inciudi those marked with "Paid in full" or with any other restrictive words, shall operate as an accoM and satishttion without Y prior written approval of one of our senior officers. You may not use a postdated ched; to make a payment, l[ you do Pa date a payment check, we may elett to honor it upon prase ment or return It uncredited to the person thaLpresented ~tr without In either case waiting For the date shown on the check, we are not liable to you for any idle or expense' incurred by you arising out of the attion we.eiect to take. Payment Holidays we may allow you, from time to time, to omit a monthly payment. We will notify you when this option is available. It you omit a payment, finance charges end any applicable fees will accrue on your account in accordance with this Agreement. You must resume making your Total Minimun Payment Due each month {ollowing a payment holiday. Transactions Made in Foreign CurrenciE It you make.a.uansaction in a foreign currenty, the tram tion will be cohvetted by Visa Intematlonal or MasterCard International; depending on which card you use, into a U dollar amount in accordance with the operating regulations 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 (11 a wholesale market rate or 12) a governmenbmandated rate in effect one day prior to the processing date, increased by one ~. percent in each case. Visa or MasterCard retains [his one percent as compensation for performing the currency conversion serv- 'Ste-TitL~tUrrettcy conversion rat€T"effect on the processing r date may differ from the rate in effect on the transaction date or the posting date. Billing Cycle Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day aher -, the Closing Date of the previous. billing cycle. Each statement refletts a single billing cycle. Account Fees'aiid Charges Account Fees: The Following fees. which are set forth on your Required Federal Dixlosures or Initial Disclosure, are charged as Purchases in the billing cycle in.which the fees atcriie: ~~ 111~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;- IZl an Overlimit Fee i( your New~Balance Total exceeds your ': credit limit on the last day of a.billing cycle, even if fees.or i finance charges charged~by:us cause your New Balance Total to exceed your credit limit; an Overlimlt Fee is charged to your i~ account as of the day in the billing cycle that your total out- I~ standing balance on your.account exceeds your credit Irmit: 131 a Returned PaymeriYFee 9f a payment on your account is returned for insufficient'funds or for any other reason, even If i[ i5paid upon subsequent 9resentment; ~~ 141 a Returned Cash Advance Check Fee if we return an access i check unpaid for any reason, even i(the access check is paid , upon subsequent presentment; .~ (51 a Copy Fee for each copy of a monthly statement or sales drab. except that the six most recent monthly statements and six sales drahs will be provided for Tree: and .` Ibl an Annual Fee If your account is open or if you maintain an ~~ account balance, whether.you have active charging privileges or not. Abandoned Property Charges: Unless prohibited by applicable i law, we will charge your account, as a Purchase, for any costs incurted by us associated with complyng with state abandoned '~ properry laws. Please review your Required Federal Disclosures or Initial Disclosure for additional fees and charges that may apply to your account. ~ ~ .. Benefits - We may otter you certain benefits and services with your atmunt. Unless expressly made a pan of this Agreement. any such benefits or services'are not a patio[ this Agreement. but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA~Ameda. We may adjust. add, or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable (gS:any refusal to honor your account. This an include a refusal to honor your and or acoount number any retention of your and by us, any other bank, or. any provider of goods or services. We May Suspend or Close Your Accou;n~ We may suspend or close your attnunt or otherwise to nate your right to use your account. We may do this at ar time and for any reason. Your obligations under this --~AgreemenPCOnNnueevenaherwe have done.this. You rt destroy all cards, access checks or other credit devitts or account when we request. You May Close Your Account You may Close your account by notifying us In writing r telephone, and destroying all cards, access checks or oth~ credit devices on the account. Your obligations under chi: Agreement continue even aher'you have done this. Transactions After Your Account Is Clo: When your account is closed, you musYmntact anyone authorized to charge transactions to your account, such as intemet service providers, health clubs or Insurance mmpa These transactions may continue to be charged to your account until you change the billing. Also. If we believe ; have authorized a transaction or are attemptlng touse yr account after you have requested to close the account. w 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 t Agreement- When we amend this Agreement we will con with the applicable notice requirements of federal and Delaware law that are in effect at thaq time. If an amend gives you the opportunity to relect the change, and it you the change In the manner provided in such amendment, v may terminate your right to receive credit and may ask y. return ell Credit devices as a condition of your rejection. amended Agreement lincluding any higher rate or other i charges or fees) will apply to the total outstanding baler including the balance existing before the amendment bean effettlve. We may replace your card with another card et any We May Sell Your Account We may at any time, and without notice to you, sell, a or transfer your atmunt, any sums due on your account. Agreement, or our rights or obligations under your actor this Agreement to any person or entity, The person or e to whom we make any such sale, assignment or transfer be entitled to all of our rights and/or obligations under t Agreement, to the extent sold, assigned or transferred. Your Credit Limit '- Your credit limit f5 disclosed to you when you receive card and, generally, on each monthly statement. We ma change your credit limit from time to tire. The amount shown on your monthly statement as Ca Credit Available does not take into acoount any Purchas Cash Advances, Finance charges, fees, any other ttansac or credits which post to your atmunt aher the Closing I of that monthly statement. Such transactions could rc: your credit limit being exceeded and result in the asses of Overlimit fees. or any check written on your account. We ate not liable for 7 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 -yom-crediNimit;y4~7'Pernrirthe~transaaion and-treat the amount of the transaction that is more than the credit limit as immediately due; or 13l refuse to permit the transaction. IF we refuse to permit the transaRion. 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 deride to permit you to exceed ypur credtt limit, we may charge an Overlimit Fee as provided in [his Agreement. Unauthorized Use of Your CarA Please notify us immediately of the loss. theh, or possible unauthorized use oI your account at I-800.421-2110. You Must Notify Us When You Change Your Address We strive to keep accurate rerords for your benefit and ours. The post office artd 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 Iwithout regard to its conFlitt 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 RigFts Continue Our 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 relett the Arbitration and Litigation provisions and you did so reject them in the manner and timelrame required. If you did re{ect 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 from or relating in anY way to this Agreement or any prior Agreement or your account Iwhether under a statute, in contract; ;t=or, or otherwisg and whether For money damages, penalties~o~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 bind(ng arbi[tatic The arbitration shall be mndutted by the National Arbitrate Forum 1"NAP), under the Code of Procedure in effect at the ter the Claim is Filed. Rules and forms of the National Arbhration Forum may be obtained and Claims may be filed at arry~Natiot ~A[izi2[atiAJLF.otirT_4fLS5 :www.arb-lorum:com or P.O. Boz SOTS Minneapolis. Minnesota 55405, telephone 1-$p0=a74=311'; 1f~i NAF is unable or unwilling to att as arbitrator, we may sub sti[ute another nationally recognized, independent arbitrate organization.[hat uses a similar rode of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing lees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those lees. ]n no event will you be required to reimburse us for a arbitration filing, administrative or hearing tees in an amot~ greater than what your court costs would have been if the Claim had been resolved in a state coon with jurisdiction. Any arbitration hearing a[ which you appezrwill take.place within the federal judicial distritt that Includes your billing address at the time the Claim is flied. This arbitration agn ment is made pursuant to a transaction tnvoiving,interstatr commerce and shall be governed by the Federal Arbitrstlor Act, 9 U.S.C. §¢ I-I6 (•F.4A'i. ludgmedt upon any arbitrtitic award may be entered In any mart having jurisdYttlon, The arbitrator shall Follow exis[Ing substantive law.m [he extent consistent with the FAA and applicable statutes of limitation and shall honor any claims or privilege recognized~by law. Af patty requests, the arbitrator shall write an opinion~mntainir the reasons for the award. No Claim submitted to arbitration is heard by a fury arc no Claim may be brought as a class attion or as a private attorney general. You do not have the right to att as a cla: representative or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation Secion applies [o ail Claims now in existentt o that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunta payment of the debt in foil by you, any bankruptcy by you sale of the debt by~us. For the purposes of this Arbitration and Litigation Secti 'we' and •us' means MBNA America Bank, N.A.. Its parent subsidiaries. affiliates. licensees, predecessors, successor assigns. and any purchaser of your accountsand alt of thei officers. directors, employees, agents and assigns or any a ail of them. Additionaliy.'we or'ys' shall mean any thSrt party providing bene0ts. services. or products in connecter with the account (including but not limltgd to credit borer merchants that accept anycredit device i>~ued under the account, rewards or enrollment services, crediFinsurance companies, deb[ collectors and all of their officers, direst employees and agents) il. and only if, such a third patty is named by you as a m-defendant in any Claim. you assert against us. If any part of this Arbitration and Litigation Section is found to be invalid or unenforceable under any law or sta consistent with the FAA, the remainder of. this Arbitration Litigation Section shall be enforceable without regard to invalidity or unenforceability. THE RESUL'FOF THIS ARBITRATION AGREEMENT IS T EXCEPT AS PROVIDED ABOVE: CLAIMS CANNOT BE LIT GATED IN COURT, INCLUDING SOME ClAlMS THAT COL 10 HAVE BEEN TRIED f3EFOREA IURY; AS CLASS ACTIONS OR A$ PRIVATE ATTORNEY GENERAL ACTIONS. CREDIT INSURANCE BENEFITS, LIMITATIONS, COSTS £~ EXCLUSIONS CONSUMER PROTECT10N~D13CLOSURES ` - CREDIT INSURANCE IS: NOT A~ DEPOSIT; ~NO7 FDIC' ~AGENCY;.AND N07 GUARANTEED BY THE BANI(, i PItRCHASE'OF CRED171NSURANCE IS NOTA CONDITION I~OF OB7AINING CREDIT. iF COVERAGE IS DESIRED, FF MAY BE PURCHASED ELSEWHERE I I Cred)t Insurance pays your minimum monthly payment' pp to your balance on the date df loss Ino[ to exceed $25.000, except disability in MN), until qou return to work" if youare involuntarily unemployed, Totally disabled, or if you or your spouse takes covered family leave: Credit Insurance also pays your insured outstanding balance up to the least of your outstanding balance, your credit I(mit Inot AL, AZ, AR, DE, .DC, ID, IL, IA. lA. MD, MN, MS, NV, ND, OH, OK, RI;;SD:.VT, TWA, WV b WYJ. or $25,000 if you die. EIIg14111U~ One insured per account (insured must'be the primary cardholder or a co-applicant.authorized,users are not eligible), under age 66 170 in AZ; NV b VA; 7I in FL; GA; MI, MO b OK; 72 in NMI. Your coverage ends at these same ages ~lexcept family leave in AZ,~FL b SD b unemployment). When enrolled. certificates will be mailed explaining your coverage i b effective date. In MN. unemployment coverage is effective 61 days from your certificate effective date. For unemployment i or family leave benefits. you mus~be gainfully employed ' working at least 30 hrs/wk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss i ICO -before application date), IPA - on the date of loss). j 17X • before coverage effective date for unemploymenq. ~ Empbyees of professional corporations may be eligible. coverages b BeneBta: Credit Insurance covers: your ~ death; involuntary unemployment due to'lob loss: general strike, unionized labor dispute.~or lockou[i total disability due ~ to sickness or injury I( you are unable to perform the material b substantial duties of your lob for any lob aher I2 coos, in i PA; 18 mos. in AL, AZ, AR, CA, DE, a, GA. Hi, ID, IL. IA; KS, . LA. MD. MN. MS. NV,:NI, ~ND, OH, OK, RI, SD, TN, VT, WA. WV, WI b WY); your or your spouse's unpaid leave of absence I from employment due to Bare of your newborn or newly adopted child or an incapacitated immediate family member{must be i spouse, child, stepchild or parent in AKI: mandatory recall to adive military dory: jury duty !except in AKI: or residence in I a federally declared disaster area. Loss Inot death) must i continue at least 30 days before benefits begin. in NY For. ~~ strikes„unionized labor disputes b lockouts, you must be ~. unemPloyed for 7 consecutive weeks b qualify fotstate unem- j ployment benefits before benefits begin. A daily benefit is i paid For each day of loss over 30 days For unemployment in NY b PA, and disability in CA. CT. GA. NY. MI, PA, RI b SC. i You may cancel this coverage at any time. If canceled within • the t)rst 30 days of coverage, all premiums will be refunded, Exclusions: Life: suicide in the first 6 months oftoyerage Inot MD b MO). Involuntary Unemployment: retirement. resignation, voluntary forfeiture of income or job loss due to ! willful or criminal misconduct, disability, strikes in'IL.~military discharge in NY L normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth Inot CA. MA ~ NV}. intentionally self-inflicted injuries InotMD), or a preexisting i medical condition during First 6 month~of coverage Inot NIT. II Family leave benefits are not paid If you are eligible 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 certificates for a full explanation of coverage. Costs Der $100 Der Month of Aversae Daily Balance: ~ i Costs apply to Llfe IL). Disability ID), Unemployment IU) b Family Leave IF'L AL 54.52; AK 78C: AZ 99.9c; AR 99<: CA 89.9c CO 50.66c: C'f 42.89c:.D€-99.9C: DC~99?fc;~FL 84<; GA~ 90.8c: HI 89.91 c; ID 99.SC (L 8:6c. D 16.9<, U 54e, F 20c ); IL ' 80.97c: IN 96c: IA 97.SC IL 7.2c. D 16.6c, U 54c, f 20c ): KS ' 85.47C: KY 97.4<; LA 99.93c; ME 53.OSC:'MD 79.74c; MA 15.7c; MI 85.7c: MN 31.a7c; MS 92.5c: MO 61.IC; MT 93.9<: NE 95.8c: NV 99.87c: NH 95c; NI 97c: NM 58.9c; NY 52.SC lL 8.8c, D 26.80. U 16.9c ); NC 71.3c: ND 94.97p OH 99.9c; OK 97.47x. OR 80.8c: PA 38.IC; PR 99c; RI 99.SC; SC 78.8<; SD 99.9c; TN 92.SC; TX 33.7c (L 4.8t. D I2.9t. U Ibc): UT 90.44c: VT 34.92< (L 6.680, D 12.2ac, F 16c ); VA 84< (L 6.IC. D 8.9C. U 49c, F 20c ): WA 89.39c: WV 99.SC: WI 93.tx IL 5.7c, D 8.9c, U 59c. F 20c) b WY 99.7c. Ava0abi11M Involuntary Unemployment i5 not available in MA or VT. Family Leave is not available in AL. CT, MA, MD, ' MN, NM, NY, PA, or TX. Underw rltln¢ Csmoaeies/Pollev: Involuntary Unemployment: American SecuriryJL01(5/85), LO{ NY13A3S. AS LOI TXI I IA9); LOIC-IP-K512A6), LOIC-IP-CRS-ME(5/85) and LOIC-IP; Standard Guaranty/5G LOI I5J85) INH only). Life b Disability: Union Security LifeA,-1•Z. L-S-C in AL, AZ, AR, DE, DC. ID, IL. IA, KS, LA, MD, MN, MS, NV, ND, OH, OK, RI. SD. VF; WA, Wv b WY; Standard Guaranty Life (TX only)/ L-I•ZI8192)13.53RA), First Fortis Life (NY Llie only)lNYLM00I 3, American Security INY Disability onlylAV-S-A. Fortfs~ Ynsurance IME onlyyU-X-A. Family Leave: American Security/FLP 14/97}, FLP-FLI12A7) in FL, FI.P-NC 13/98) in NC, FLP-0KIary7) in OK, FLP-VA12/9811n VA, FL•IPIA2117NB1 to AZ, FL-IP1M97) in IL b IN; FL-IP-KS 112A7} to K5, FLIP-ME 14!99) in ME: FL-IP-WY(4197) in WY; Standard Guaranty/FLP l4/97J In NH; Union Security Ule/FLP-VT1a/97) In VT. Soliciting agents for Mississippi and Florida are Charles M. Gordon and Pamela Curtis respectively. The creditor may receive compensation in connection with this offer. 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 and/or fines. In addiC)on. an insurer may deny insurantt benefits If False Infortnatlon materially related to a claim was provided by [he applicant. 'Less past due and over credit limit amounts. In MI, cover- age pays 5%of the balance on your date of disability up to S 1250. In OR, coverage pays the,greater of I/36th o(the bal- ance or the current minimum payment due o0 your date of loss. In NY b PA, coverage pays the minimurry,payment due on your date of loss. In TX, coverage pays the greater of 6% of 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 AL. AK, CT, IL, MI. MN. MO. NM. NC, NY, PA. SC b TX; 12 for disability in AK, CO. CT. FL. KY. MA MO, MT. NE, NH, NM, NC, OR. SC, UT b Vq, NY. N} 6 TX Residents Only: 1o putcfiase coverages separately, write to Assurant Group, P. O. Boz 50355, Atlanta, ~GA 30302. Applicatbns will be sent to you. i2 n t s ~ e z v N 4215. EXHIBIT "B" ~~~~~ f1Pi ''~'~~~~ NATIONAL ARBITRATION FORUM MBNA Am,°rica Bank, N.A. c!o Wolpoff'& Abramson, L.L.P. Attorneys ic. the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, h4D 20850-5775 CLAIMANT{s), AWARD RE: i198NA America Bank, N.A. v Donald G Hendrickson File Number: FA0312000220699 Claimant File Number: 4800120079062105 Donald G Hendrickson ] 126 Linn LK CARLISLE., PA 170134248 RESPONDENT(s). The undersil;ned Arbitrator is this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 12/19/2003 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 kiss filed a Claim with the Forum and nerved it on the Respondent in accordance with Ruke 6. 4. The Respondent filed a Response with the Forum that was deficient pursuant to Rule 6 of the Code of Procedure. 5. That the. matter has proceeded in accord with the applicable Forum Code of Procedure. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. That the Arbitrator has reviewed all evidence and information submitted in this case. 8. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbktrator ISSUES: An Award ut favor of the Claimant, for a tots] amount of S 10,517.22. Entered in. the State of Pennsylvania John D. fI~ Es . _i Arbitrator Date: 08/02/2004 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a copy of this Award was sent by fast cuss mail postage prepaid to the parties at the above referenced addresses on this date. Honorable Harold Kalina, Ret. Director of Arbitrsdon 08102!2004 V f~ t~ V' ~/ N ~~ c3 T'. ._., l i ~_ T := r ~ f- L > _~~ ~5 fJ 1 ~-~ _ C: i l.' _ ' : ,~i ,~ r J ' l f C, i SHERIFF'S RETURN - REGULAR CASE NO: 2004-04352 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS HENDRICKSON DONALD G DAVID MCKINNEY 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 1432:00 HOURS, on the 1st day of September, 2004 at 1126 LINN DR 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 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this ~ day of r thon~ ar~ So Answers: R. Thomas Kline 09/02/2004 WOLPOFF & ABRAMSON By ` :!/~L Deputy Sheriff?/7~~ '' - IN THE COURT OF COMMON PLEAS OF CUMBERLAN~tD MBNA AMERICA BANK, N.A. N0. 044352 w Plaintiff vs. DONALD G HENDRICKSON Defendant(s) PRAECIPE FOR JUDGMENT Mr./Ms. Clerk: COUNTY, PENNSYLVANIA CY- y33~ Please enter Judgment in favor of Plaintiff and against Defendant(s), DONALD G HENDRICKSON and , for want of ANSWER TO COMPLAINT. ( X ) Amount due $ 10517.22 Interest $ Attorney's Commission $ Filing costs $ TOTAL $ 10517.22 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: ,~ /~ ~~ ~J Signature: NOW, 20~~, // J ° I/ Amy R'. Doyle; ~ x/87062 Daniel F. Wo fson ~~20617 Bruce H. Ch rkis x/18837 Philip C. Warholic ~~86341 Ronald M. Abramson x/94266 Ronald S. Canter ~~94000 Donald P. Shiffer, III x/89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 /~ MENT IS ENTERED AS ABOVE! / Prothonotary/Clerk,"Civj.Y/bivision By: PRAECJ/PANOJ W&A FILE N0. 112884538 ]PL KING FgRM BLVD., ROCKVILLE, MB 20890 REGIONAL OFFICES 3505 JUDICIAL DR., BLDG. A5, FAIRFAX, VA 2 :N 11 oe E. MAIN ST., STE. 1003, RIpIMOND, VA 23218 5122 GREENWICH RO., VIRGINIA BEACH, VA 23962 919 N. MARKET ST., STE. 1300. WIUMINGTON. DE 19B9B 1954 GREENSPRING OR., STE. 400, TIMONIUM, MD 21093 1 VALLEY BANK BLDG. BOX 1226, CIARKSBURG, W V 28302 2625 TOWNSGATE RD X330, WESTLAKE VILLAGE. CA 91361 28] E. MARKET ST., YORK, PA 17403 24360 NOVI RD., BLDG. 1, NOVI, MI4B3]6 NATIONAL COLLECTION ATTORNEY NETWORK AFFILIATEp FlRM LOCATIONS [NOT REGIONAL OFFCES OF WOLPOFF 8 ABRAM N, L.. .1 BIRMINGHAM. ALABAMA CABOT, ARKANSAS ANCHOPAGE. ALASKA ENGLEWOOD,COLORADO PHOENIX, ARIZONA Fr. LAUDERDALE, FLORIDA v~rvrr a AtlKAMSVNI,L.I Attorneys in the Practice of Debt CoUedron (A National Collection Attorney Network Firm) 287 EAST MARKET STREET FIRST FLOOR YORK PA 77403-2000 7n-646-szoa OUTSIDE YORK METROPOLITAN AREA (TOLL FREE) 1-800. 756-0075 FACSIMILE (717) 04&1148 PLEASE DIRECT ALL INQUIRIES TO YORK OFFICE 112884538 DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 Re: MBNA/VISA vs. DONALD G HENDRICKSON Docket No. 044352 Dear DONALD G HENDRICKSON AFFlLIATED FIRM LOCATIONS INOT REGIONAL OFFlCES OF WOLPOFF 6 ASRAMSON, L.L.P.I NORCROSS, GEORGIA FARGO, NORTH DAKOTA HONOLULU, HAWAII CLEVELAND, OHIO BOISE. IDAHO OKLAHOMA CITY. OKLAHOMA MERRILLVILLE, INDIANA EUGENE. OREGON CHICAGO, ILLINOIS PROVIDENCE, RHODE ISLAND KANSAS CITY, KANSAS COLUMBIA,SWTH CAROLINA LEXINGTON, KENTUCKY KNOXVILLE,TENNESSEE MF7AIRIE,LWISIANA HOUSTOiJ,TEXAS NEEDHAM, MASSACHUSETTS SANDY, UTAH MINNEAPOLIS, MINNESOTA MILWAUKEE, WISCONSIN ST. LOUIS, MISSOURI RAWLJNS, WYOMING GREAT FALLS, MONTANA OMAHA,NEBRASKA `TM Natlongl ColbcBan US VEGAS, NEVADA gNp„yy N~Bwuk I~ N MANCHESTER NEW HAMPSHIRE , CEDAR IPIOLLS.NEW JERSEY eMli~tbn of rpArab hw K,ma SYOSSET, NEW YORK WBA Hours of Opwetion: RALEIGH, NORTH CAROLINA a e.m. - 11 p.m. ES.T. M~F COPY w8A File No. 112884538 Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Enclosure CC: AMERICAN DEBT NEGOTIATION & WOLPOFF & ABRAMSON, L.L.P. / ~~~ Amy F. Doyl Esqulr This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10DIPANOTC LTRROI (t0I11Ne) 217 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff vs. DONALD G HENDRICKSON Defendant (s) No. 044352 CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK The undersigned counsel, 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, is over 21 years of age; is last known to reside at 1126 LINN DR CARLISLE PA 17013-4248 County of CUMBERLAND 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. s ,~ ~~ Amy F. Doyle ~ 87062 - Daniel F. Wolson x/20617 COMMONweni,rt3 ~F i~rNNSV~vnNin Bruce H. Cherkis x/18837 Notarial Scaf Philip C. Warholic ~~86341 Dina A. Sweitzer. Notury Public Ronald M. Abram30n x/94266 City of York, Yak Count} My Commission Expires Apr. 16, 20UR Ronald S. Canter{/94000 Donald P. Shiffer, III ~~89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this ~~ day of 20 aS . ~ V~ tary ublic PNMAFF/PANOJ W&A FILE N0. 112884538 ~,iV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA dMFnr~e neNx_ N.A. No. 044352 Plaintiff vs. CIVIL ACTION - LAW DONALD G HENDRICKSON Defendant(s) , 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: DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 `% f ,, !~ ~~' Amy ~. oyl, 87062 Daniel F. W lfson ~~20617 Bruce H. C erkis ~ ~~18$37 Philip C. Warholic ~J86341 Ronald ri. Abramson x/94266 Ronald S. Canter ~~94000 Donald P. Shiffer, III ~~89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 84b-1252 Counsel for Plaintiff PCRESJPANOJ W&A FILE N0. 112884538 v~V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff vs. DONALD G HENDRICKSON Defendant(s) . N0. 044352 . CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a f~(~~jj,(af'' j~L~~y~Jiv( in the above-captioned matter has been entered agar st you in the amount of $ 10517.22 plus interest, on ~.~ ~1.~ 20~ ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. If you have any questions regarding this Notice, please contact the filing party. J (This Notice is given NOTICE SENT T0: ,, G ~ G L Amy F. Doyl /87062 Daniel F. W}~lfson ~~~20617 Bruce H. CHerkis x/18837 Philip C. Warholic ~~86341 Ronald M. Abramson ~~94266 Ronald S. Canter ~~94000 Donald P. Shiffer, III jj89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff in accordance with Pa.R.C.P. 236.) DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 STNTCjPANOJ W&A FILE N0. 112884538 ~- C~ -O ld'z ~. 9~ OJ ~s '~ - ,_> <: ~ c? ;, ~ ' ,~ , . ~_, ,: f' _ i , 70 ~, ,' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HBNA AMERICA BANK, N.A.' "~ No. 044352 , 655 PAPER MILL ROAD MAIL STOP 1411 WILMINGTON DE 19884-1411 ~ , ~ '' ' Plaintiff ' vs. ~ DONALD G HENDRICKSON , 1126 LINN DR . CARLISLE PA 17013-4248 Defendant(s) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, ay: Amy F. Doyle ~~87062 / Daniel F. Wolfson /2061 Philip C. Warholic: x/86341 / David R. Galloway /{87326 / Tonilyn M. Chippie~~/$7852 Ronald M. Abramson x/94266 / Ronald S. Canter' ~~94000 Rruce H..Cherkis /18837 WOLPOFF & ABRAHSONf, L.L.P. / Counsel for Plaintiff • Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor, Camp Hill, PA"17011 (717) 303-6700 cc: