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Home My WebLink About04-5101 2655 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. Dlf- 5- 10 I ~ Plaintiff VS. CIVIL ACTION - LAW DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 Defendant (s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (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 plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 sus propledades 0 otros derechos import antes para 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 LLAHE 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. Carl is le 800-990-9108 PA 17013 CVRNOT/PACCP W&A FILE NO. 112885375 2659 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. 0'1. j'/DJ ~( !;M- Plaintiff VS. CIVIL ACTION - LAW DONALD G HENDRICKSON 1126 LINN DR CARLISLE PA 17013-4248 Defendant (s) COMPLAINT Now comes the Plaintiff, MBNA AMERICA BANK, N.A. attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and in support avers as follows: , by and through its and files this Complaint 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 a last known address of , is an adult individual with 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 1S 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. 1DSOA1/PACCP W&A FILE NO. 112885375 2663 5. showing account Plaintiff provided Defendant(s) with copies of the Statements of Account all debits and credits for transactions on the aforementioned credit card 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 "BlI. 8. As of the date of this Complaint, the unpaid on Defendant's credit card account, as a Defendant(s) and/or any authorized users is the remaining result of sum of $ balance due, charges made 8273.33 owing and by said 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 $ 8273.33 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, flj~ Amy F. #87062 Daniel 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 lDSOA2/PACCP W&A FILE NO. 112885375 2667 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: ,.l~~'Yl ~ U~i~' Daniel F. W fson #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 PAVERF/PACCP W&A FILE NO. 112885375 " ) ,-...~. .:. ".zJ:i'..::-"'-.:=.:".;:, .,'! '.'-.;. . Credit"Card Agreement.. Additional Terms'and Conditions '. .r.=.:~~- ,- __ __.-,..:_..:.:..:::::i...:..-,:.::.:-:",;,::'~_ .....'.:._:.. . '. 1IIIII"tloJrr.[r1rr.[!"'''t~ :-.~';.-:., , .....r'". 'd', ,;-.~. .... ...~ <,,". ~ ..... . ....~. ..-:"::..~. ;...~.Priv8cy'N.c?tl~~:.::~~~~~:;':7~~-::~~~~::~:;~.::t~.. - " ~., 'i:~~.:'f":: ,;.;-.-.' '..~ ..~1~:~7.:~'~"~t~~~~:i;~~f:~:~.:~;~~~~.b?I~~r..:... :'.~~'t::""..; ..~:' ,!.~~';"":~:.;!~~s:;~~~:,~~1B:~.o{~;-:!t:~~.ii;,:'~ .<..i:~: ."'AcctJ racy.6f :lHfclImatlOit"FuriliSl\€tf-to' C-. . '. . .". ,....-.. ",' ,._....~., ...fl'........ .;,.... ~....,<(..,........, , . Credit Repoiting'AiienCfes::.':;:;:;::-:;;'~:::.:::4' . . --.. , ...:~ ";:." . 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Arbitrational)d Liti~tioD,.........._..::..~....9 _. ._ .' ..........~~.... ..', .~'_i'.,. :.;...... .,. . :.~::;l:..i.r.:;\.;.,'~~}+:::;:~~~~\}i ~~,~,~~~~:~~.~l:X~t;7..~ ';" -":.~ J>.GMT Your COlltradWith Us Your Credit Card A€re~me~t with us consists of these Additional Terms and Conditions" and the document caned the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Notice" we will use the definitlo contained in the third paragraph of the Privacy Notice. For the remainder of the Agreement, we will use the definitions ~ ce-s'ci'ffied"unae""ifrie"sec'tion)feaaini""Words ,:>sea Oft'" ill This Agreement Privacy Notice Your privacy Is Irnponant to us: At MBNA. we are committed to providing you with the finest finandal products and services backed by consistently top-quali selVice. And while infonnation about you is fundament to our ability to do this, we fully recognize the importan of keeping personal and account information secure. To offer you the widest range of products and service MBNA may share information about you both within MBNA and outside of MBNA with other compariies. This allows us to offer you products and services that may interest you and best meet your needs. whether they are avaHable directlifrom MBNA or throu€h OUT relationships with other,companie~. We want you to understand our information,$.8feguards. what inforinatj( we collect. what informationfwe share. and the benefits you receive when we share.~~formation about you. This noti(E describes the privacy practices of MBNJ Corporation 'and all MBNA affiliates, including MBNA America Bank. NA.. MBNAAmerica..(Delaware), NA.. Palladian Travel Services. inc.. MBNA Hallmark Information Services, Inc.. MBNA Marketing Systems. Inc.. and MBNA Insurance A€encY. Inc. (collectively, -MBNA"), for financial products and services governel 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 MBNAwith other compani. Our Security Procedures: MBNA understands the importance of protecting and ~ecu.ring information an using it appropriately. Access.to .information about y( is restricted to the peopie of MBNA who require it to provide products or services to you, We maintain phYSiC electronic, and procedural safe€uards that comply wit federal standards for the securny.of in(prmation. When MBNA shares information'abolT! you with companies outside of MBNA. we require them to impose sale€uards. use it only for a permitted purpos and to return it to Us or destroy It,once that purpose i served. We limit the amount of jnformation shared tc what is appropriate to offer a product or service effi- ciently. MBNA requires any company.receiving inlor, mation from MBNA to sign a Confidentiality Agreeme containing these requirements and obligating that company to protect the information as we would. ....... t.i...' Information We Collect: MBNA coHects and uses non public personal information about you to condu our business and to consistently deliver the top-qua Customer service you expect lrom us. Sources of th information include the foHowing: . Information we receive from you on applications and other forms or through your correspondence or con'\lT\Ol1icatiol1 Vlith-lWincluding.through the mail. by telephone. or over the Internet; . Information We receive from third parties, such a~ consumer reporting agencies. to verify statements you've made to us, or re€arding your employment. credit. or other relationships; and . Information about your transactions with MBNA i with other companies outside 01 MBNA. Inlonnatlon We Share WIthin MBNA: We may shall 01 the infonnation we coHee! about you with finandal s< ice companies within MBNA to offer additioAal product services that may interest you and best meet your need: We believe this is convenient lor you and rnay save you both Hme and rnoney. To do so, we share identification inlonnation Isuch as name and address). transaction a. experience information (such as purchases and paymel credit eligibility information Isuch as credit reports anc applicationsl. and other infonnation. The decision to! chase any such products or services is yours alone. Yo. may tell us not to share credit eligibility information at you within tvlBNA. but please understand tlii. does nol 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 YQ( These products and services may be offered by finam service providers (such as banks. loan brokers. accoU aggregators. insurance agents. insurance companies. mortga€,e bankers. and securities broker-dealers). by n financial companies (such as retailers. direct marketer communications companies. Internet service providE manufacturers. service companies, travel agents. c~i lines. car rental agencies. hotels. airlines. publishers and organizations endorsin€ MBNA financial produ, or services). and others lsuch as nonprofit organizati( Subiect to applicable law. we may share all theinfol tion we collect with these companies' outside 01 MB unless you tell us not to. .. Additionally. we may share all the inlormatlon WI collect with companies that perform marketing or c services on our behalf or to other linancial instituti with which we have joint marketing agreements. V- are also permitted by law to share information abc you with other companies in certain circumstance~ For instance. we may share ~II of the information '" collect with companies assisting us in. servicing yo loan or aC,c9y'Jlt, with companies that endorse our products anct.~rvices through affinity a€reements 1 with government entities in response to.subpoenas or regulatory requirements, and with consumer reportinQ 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 the.~~. additiona~ c:!rcumstances. . Jmportant Information About Your Choke: 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 services as described above. If you wish to opt out of such information sharing. please call toll-tree 1-866-75 H 255. We will ask you to verify your identity and ihe speCifiC accounts to which the opt out applies. so ptease have all your accounl. membership. or reference numbers and your Socfal Security number or Taxpayer identification' number for deposit accounts available "(hen you call. MBNA applies opt outs at the accc'-unt ievel. not by individual Customer. When any person listed with .others on an account opts out Hor example, a ct>.applicant. joint accounfhoider, or authorized user). we 'willlist the entire account as having opted out. MBNA will continue to adhere to its disclosed .priYaC)',pra.~ites for. an. account even if it becomes inactive or is. closed. An opt out from information sharing on an account as described above. either wittiin.MBNA arid/or with companies outside of MBNA, remains effective unless revoked in writin.g. 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 Jecerve our subsequent notices that an account previously opted out from either or both types of information sharin(\ land not revoked in writing] does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBNA's'privac:y practtces;concerning the Internet. and to view the most recent .version of this privacy notice. please go to www.mbna c<lm and click on 'Prlvacy 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 iaw. Words Used Often iJi Tf1is Agreement "Aireement" or "Credit Card Agreement" means these Additional Terms and Conditions ang.theRequired Federal Disclosures lor the Initial Disclosure)" and any change~ we make to those documents from time t~ time. i'ou~ and "yourM mean each and all of the persons who are i:ranted. accept or ,use em account w~ hold. "You and "your" also mean any othet"person who has "euaranteed payment of J this account, when used In the sections .entitled, Wt Mall Monitor and R"ord Telephone Cglb, and Arbitralio" and Utigtlti and when used in each of the sections relating to P8Yhle this account (Your PromiSe to PaJl, and HaM' We AllouUt Your PQ~me"ls, for example). "We:..'us......our.. and "MBNAAmerica" mean MBNA Ameri.~a Bank,.N.A. "Card" means aU the credit cards we issue to you and' any other person with authorization for use on thi-s aCCOl pursuant to this Agreement. -Access check" means an access check we provide to y. make a Check Cash Advance on your account. If we use a capitalized term in this document but we d define the term in this document. the term has the mean given in the Required Federal Disclosures or the Initial Disclosure, or as used in your monthly statement. We use section headings (such as, Words Ustd Often jlt Tfds A4rumtllf) to oreanize. thls Agreement. The actual t.erms of tI A€reement are in the sentences that follow and not the heac: Sign Your Card You should sign your card before you use It. We May Monitor and Record Telephone C. You consent to and authorize MBNA America. any of It affiliates. or Its marketing associates to monitor and/or n; any of your telephone conversations with our representst or the representstives of any of those companies. Credit ~eportin9 Agencies You authorl1e MaNA America to collect Information abol you, includine credit reports trom consumer reporting sgen_ If you belle~e we have furnished Inaccurate or incomph information about you or your account to 8 credit reporth agency, write us at: MBNA, Credit Reponing Agencies,P.C Box 17054, Wilmington, DE 19864-7054. Please include Y.( name, address, home phone number, and account numbe and e:xplain what you believe is inaccurate or incomplete. How to Use Your Account You may obtain credit in the form of Purchases and Ca! Advances by u~ing cards. access checks. your account nurn or other credit devices. Please refer to your Required Fed_ Disclosures or Initial Disclosure to determine what transadt constitute Purchases and Cash Advances and how you ma obtain them. Transaction Date for Certain Cash AdV4tk The transaction date for Check Cash Advances and 8ale Transfers done by check is the date you oi.~he person to whom the check is made payable first deposits or cashes t check. The transaction date for a returned payment (8 Bar Cash Advance) is the date that the correspondine paymen posted to your account. Purposes for Using Your Account You may use your account for personal, family. or houset 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 0 permit your acccnmt to be used 19 make any illegal transad ,.4.." . Persons Usin9 Your Account If you permit any person to use your card. access checks. account number. or other credit device with the authoriz.ation to obtain credit on your account. you may be liable for all transactions made by that person ir)cJudlng transactions for which you may not have in~ended to ~ l~a~le. even if the amount of those transactions causes your credIt hmlt 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 I You may request a stqp payment on an access check by providine us with the access check number. dollar amount. and payee exactly as they appear on the access check. Oral and f written stop.payment requests on an access check are effective ~. _ for ~ix 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. If you do postdate an access check. we may elect to honor it upon presentm.ent or return It unpaid to the 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 arisin@ out of the action we elect to take. Your Promise to Pall You promiset~ pay us the amounts of all credit you obtain. which incltldes all Purchases and Cash Advances. You also promise to pay us all the amounts 01 finance charges, fees. a.nd any other transactions we charge against your account. Pa!/ments on Your Account You must pay each month at least the Total Minimum . Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside 01 the United States. Payment of your Total Minimum Payment Due may npt avoid the assessment of Overlimit Fees. When Your Payment Will Be Credited to Your Account We credit payments as of the date received, If..!he payment is: 11) received by :2 p.m. (Eastern Time); 0) received at the address shown in the upper left.hand corner of the front of your monthly statement; 131 paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order: and (4) sent in the return envelope with only the top portion of your statement accompanying It. Payments received after 2 p.m. on any d;ily 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 maybe delayed up to five days. . How We AlIoctlte. Your Payments We will allocate yo'uT-payments in the manner we determine. 5 In most instances. we will allocate your payments to balance (including new transactions) with lower APRs before balance: with higher APRs. This will result in new balances with I lower APR. le.{l.. those with promotional APR offer5") being paid before any other existini balances. Promise to Pay Applies to All Persons . _..All persons .who initially or subsequently request, accept. guarantee or use the account"are individually and together responSible for any total outstanding balance. We may refus to release from liability any person who Is responSible to PIll any total outstanding balance. until all of the cards'. access checks. and other credit devices outstandin€ urideithe 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 be in default of this Agreement if: (I) you fall to ,I make any required Total Minimum Payment Due by its Paymer Due Date: 1:2} your total outstanding balance exceeds.your credit limit: or Il) you fall to abide by any other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations for the optional credit insu 1 ance 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 of our rights when you default does not mean that we are unable to exercise those rights upon later default. . When We. May Require Immediate. PaymeJ If you are iA default we can require immediate payment of your total outstanding balance and. unless prohibited by applicable law and except as otherwise provided under the AroitrQtioft QPld LlIig411ioPl section of this Agreement. we am also require you to pay the costs we inc;ur in any co~lection proceeding. as well as reasonable attorneys' fees if we refer your account lor collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments. Panial payments, or paymel with any restrictive writlne without losing any of our rights under this Agreement. This means that no payment, Includi those marked with "Paid In full" or with any other restrictive words. shall operate as an accord and satisfaction without t" prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do ~ date a payment check. we may elect to honor it upon prese ment or return It uncredited to the person -that .pres~nt~ .i1 without in either case waiting for the date shown on the check. We are not liable to you for any I~s or expense. Incurred by you arising out of the action we.elect to take. Payment Holidays We may allow you. from time to time. to omit a monthly payment. We will notify you when this option is available. If you omit a payment. finance charges and any applicable fees will accrue on your account In accordance with this Agreement. You must resume making your Total MinimurT Payment Due each month following a payment holiday. Transactions Made in Foreign CurrenciE If you mak,e .i..transactlon in a foreign currenqr. the tram tion will be converted by Visa International or MasterCard International.. dePending on which card you use. into a U.~ 6 dollar amount in accordance with the operating regulations or. conv.ersion procedures in effect at the time that the transaction is processed. Currently.,those regulations and procedures prov!de'that the curtency .conversion rate to be used is eJther (J} a wholesale market rate or {2J a €overnment~maridated rate in effect one day p;ior to the processine date. increased by one . percent in each case. Visa or MasterCard retains this OfJe percent as compensation for performing the currency conversion servw -tt'e71'~"turrt~ colW"elsion rMF'I"h" effect on the processin{l ~ date may differ from the rate in effea on the transaction date or the posting date, Billing ClIde Your bHllne cycle ends each month on a ClOSing Date determined by us. Each billing cycle begins on the da;y aneJ the Closing Date'ol.t.he previous.bilJin€ cycle. Each statement : reflects a single bil1~~~ ~It. . Account .Fees';and Cflarges Account Fees: ihe foUowing fees. which are set fon.h on your r Required Federal Disclosures or Initial Disclosure, are charged ~ as Purchases iri"the billing cycle in. which the fees accrUe: > : (J l.a Late Fee if the Total Minimum Payment DuE' shown on ; your monthly stat~ment Is not received by .us on or before its Payment Due' Date;- . (21 an Overlimit Fee if your New-Balaneerotal exceeds your '; credit limit on the.last day of a billing cycle, ~ven If fees.or ~ finance chargeschllreeclby.:us cause your NeVI Balance Total " to exceed your credit limit: an Overlimlt Fee is charged to yo_ur i' account as of the day in the billiT\€ cycle that your totQI out# i~ standing balance on your. account exceeds your credit lfmit; . (3) a Re~urned Paymerit''Fee:jf a payment on your acco'unt is . retomed for Insufficient'funds or for any other reason. even If ~ it IS' paid upon s~bse9uent" presentment: . (4) a Returned Cash Advance ~heck Fee if we 'return an access i check unpaid far,any reason. even If the ~ccess check is paid 1 upon subsequent presentment: : {5J a Copy Fee for each' copy of a monthly statement or sales ! draft. except that the six most recent monthly.statements and j six sales drafts will be provided for free: and i (6) an Annual Fee if your account is open or if you maintain an '. account balance. whether, )'ou have active charging privileges . or not. . .~ Abandoned Property Charles: Unless prohibited by applicable i law. we will charge your account, as a Pu'rchase. lor any costS ~ incuned by us associated with complYing with state abandoned i property laws. . I' Please review your Required Federal Disc19sures or Initial' Disclosure for addlrional fees and charees that may apply to I your account. . Benefits I We may oner you certain b1e:nefits and 5eNices with your account Unless expressly made a part of this Ae:reement. any such benefits OJ services 'are not a part'ofthis Aeree:ment. but are subject to the tems and restrictions outllned In the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNAAmerica. We may adjust, add. or delete benefits and services at any time and without notice t6 you, ' . Refusal to Honor Your Acc.ount We are not liable (o.t:any refusal to honor your account, This can include a refusat to honor your card or account number or any check written on your account. We are not liable for 7 any retention of your card by us. any other bank. or, any provider of goods or services. , We May SUspend or Close Your Accoun; We may suspend or close your account or otherwise te nate your right to use your account. We may do this at aJ time and for any reason, Your obligations under this --Agreemenr,c0n[.inue.even-after-MlE have done.rhis. You n destroy all cards, access checks or other credit devices or account when we request. You May Close Your Account You may close your aCcount by notifying us in :writing ( telephone, and destroying all cards. access'checks or oth, credit devices on the aCCount. Your obUgations under thi: Agreement continue even aftefyou have done this. 'Transactions After.Your Aaount Is CIOf When your account is dost!d. you must "contact anyone authorized to charge transactions to your account, such as internet service providers. health dubs or insuran~ compE These transactions may continue'to be charged to your i:!CCoLlnt until you change the bllling. Also. If we believe: have authorized a transaction or are attempting to use y( account aher you have requested to close the account. w may allow the transaction to be charged to your account, We Mall 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 applkable notice requirements of federal and Delaware taw thet are In effect ~t that'time. If an amend" gives you the oppOrtunity to reied the change. and if you the change In the manner provided in such amendment. v may terminate your right to receive credit and may ask. y. return all credit devices as a condition of your rejection. amended Aireement (Includl"i any higher rate or other I charges or fees) will apply to the total outstanding baler includini the balance existing before the amendment beesn effective. We may replace your card with another card at anl We Mall Sell Your Account We may at any time. and without notice to you. sell. a or transfer your account. any sums due on your account. Agreement. or our rights or obligations under your aCCOl this Agreement to any person or eAtlty, The person or e to whom we make any such sale. assignment or transfer be e'nUtled to all of our rights and/or obligations under I Agreement, to the extent sold. assigned or transferred. Your Credit Limit .. Your credit limit is disclosed to you when you receive card and. generally. on each monthly statement. We mE change your credit I1m)t from time to tir,ne. The amount shown on your monthly statement as Ca Credit Available does not take into &Ct:ount any Purcnes Cash Advances. finance charges. fees. any other tr.ansac or credits which post to your account after the CIOslhe t of that monthly statement. Such transactions could re: your credit limit being e)[ceeded and result in the' aSSES of Overlimit Fees. e Wflat We May Do if You Attempt to Exceed Your Credit Limit 'The total outstanding balance on your account plus authorizations et 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 . . YOnT"Cred'it-limit;.t2)-permit..the-transaction and treat the .. amount of the transaction -that is more than the credit limit .. as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to 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 pennitted you to exceed youi.credlt limit. it does not mean that we will permit you to exceed your credit limit again. If we decipe to pennit you to exceed your credit limit. we may charie an Oveflimlt Fee as prOVided in this A€reement. Unautflorized Use of Your Card Please noUty us immediately of the loss. theft. or possible unauthorized.use of your account at ].800-421.2110. You Must Notify Us When You Cflange Your Address We strive to k~ep accurate records for your benefit.and ours. The post office all.d others may notify us of a chanee to your address. When you change your address, you must notify us promptly of your new address. Wflat Law Applies This Agreement is made in Delaware end we extend credit to you from Delaware. This Agreement is €,overned by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. Tfle Provisions of Tflis Agreement are Severable If any provision.of this Agreement is found to be invalid. the remaining provisions wllJ continue to be effectiVE. Our Rigflts Continue Our failure or dela'y'in exerciSing any of our rights under this Agreement does not mean that we are unable to e}{er.cise those rights later. Arbitration and Litigation This Arbitration and Litigation provision app1les to you unless you were given the opponunity to reject the Arbitration and LitigBtion provisions and you did so reject them in the manner and timeframe required. If 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 rClaim'" by either you or us against the other. or against the employees, aeents or assigns of the other. arising from or relating in any way to this Agreement or any prior Agreement or Y9ur accou~t (whether under a statute, in contra'c.t:-t:or:t. or otherwis~ and whether for money damages. penaltieS'o';::decJaratory or equitable relief). including 9 Claims regardmg the applicabilHy of this Arbitr-ation'and Litigation Section or the validity of the entire Agreement or any prior Agreement. shall be resolved by bindine arbitfatic The arbitration shall be conducted by the National Arbitratl Forum I"NAf""I. under the Code of Procedure in effect at the tit the Claim Is filed. Rules and lonns of the National Arbitration Forum may be obtained and Claims may be filed at any.Netiol _Acbitra.tiQJLEoIyrru~!{jf.~. W\VW.arb-forum:~om. or P.O. Box 50H Minneapolis. Minnesota 55405. telephone f;iiii1i474:~nl.lfi NAF is unable or unwilling to act as arbitrator. we may sub stitute another nationally recognized. independent arbitratl oreanization.that uses a similar code of procedure. At your written request. we will advance any arbitration filing fee. administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responSible for payini those fees. In no event wllJ you be required to reimburse us for I arbitration filine. administrative or hearing fees in anj!lmol: greater than.what your court costs would have been if the' Claim had been resolved in il state court with jurisdiction. A~y arbitration hearing at w~ich you appe~~.wll' take. place within the f~era} judicial district that inc.lud~s your billlna address at the time ~~e Claim is filed. This arbitration aen: ment Is made pursuant to a transactJon involviJ:li-..tnterstatf commerce and shall be governed by the Federal Arbltratior I Act. 9 U.S.C. ~~ \-16 ("FAA"). Judgmerit upOri an~ arbliraUc award may be entered in any court having IurisdtttJon. The arbitrator shall follow existing substantive l~ .to the extent consistent with the FAA and applicable statutes of limitation and shall honor any claims'or privilege recognized'by Jaw. -If party requests. the arbitrator shall write an opinion.containir the reasons klr the awarc:l. No Claim submitted to arbitration is heard by a jury 80<. no Claim may be broueht ass class action or as a private attorney general. You do not have the right ~o act as 8 cia: representative or participate as a member -of a class of claimants with respect to any Claim. This Arbitration al'ld litigation Section applies to all Claims now in existence 0 that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunta payment- ot the det;Jt in fuU by you. any bankruptcy by you sale of the debt by us. For the purposes of this Arbitration and.Liti€ation Sectl ~weM and MUS" means MBNA America Bank. N.A.. Its parent subsidiaries. affiliates. licensees, predecessors. SucceSSOI1 assigns. and any purchaser 01 your account....and aH of.'thei officers. directors. employees. agents and assiens or any a all or them. Additionally, Mwe- or MVS" shall mean any thir( party providing benefits. services. or products in connecth with the account !including but not Iimit~ to credit burei merchants that accept any-credit device hiAued.under the account, rewards or enrollment services. credlfinsurance companies, debt collectors and all of their officers. direct( employees and agents) If. and only if, such a third party I~ named by you as a co-defendant in any CIEjim _ you assert against us.' . . If any part of this Arbitration and Litigation SeaiOTl is found to be invalid or unenforceable under any law or sta consistent with the FAA. the remainder of this Arbitration Litigation Section shaH be enforceable without ,regard to invalidity or unenforceabllity. - THE RESUI.T-OF THIS ARBITRATION AGREEMENT IS 1 EXCEPT AS PR0YlPED ABOV.E;CLAIMS CANNOT BE LIT GATED IN COURT. INCLUDING SOME CLAIMS THAT eOL 10 . , iHAVE BEEN TRIED BEFORE,A IURY; AS CL.ASS ACTIONS OR I~ PRIVATE AITORNEY GENERAL ACTIONS. I !CREDlTINSURANCE BENEFITS, !L1MITATIONS, COSTS & EXCLUSIONS 'CONSUMER PROTECTION.DISCLOSURES' .... , ! CREDIT INSilRANCE IS: NOT A DEPOSIT: NOT FDIC- ..LINSlIRED:-bI.01.JNS.uREI:lBY_~Q.Em_C;iQ.\X.!lNMENT IApENCV,.ANDNOT GUARANT~Ii:D BY THEBANJI.,. . ..--.. i PllRCHASE'OF CREDIT INSURANCE IS NOT. A CONDITION IOF OBTAlNINC CREDIT. IF COVERAGE IS DESIRED. IT ! MAY BE PURCHASED ELSEWHER.E.. ! Credit ln$"'~nce pays YOl,rT mi~inJUm monthly paymenr- '_up to your balance on the' date df loss (not to exceed S25.Cioo, except disability In MN). until you return to work.. it you"are invOluntarily unemployed. !.Q.W1r disablec, or if you or your spouse takes covered family leave: Credit Insurance also pays your insured outstandine.balance up to the least of your outstanding balance, your credit limit Inot Al. /JJ... AR. DE. iDC. 10. IL. IA. L.A. MD. MN. MS. NV. ND. OM. OK, RliSE>;_VT. :WA. WV & WYJ. or $25.000 if you die. ! EllRibllttv. One insured per account (insured must"be the. ! primary cardholder or a co-applicant. .authorizetli. users. are not 1 eligible). under age 60 170 in AZ~ NV &- VA: 71 ill f'l...'GA..Ml. ) MO & OK: 72 in NM). Your "Coverage ends at these same ages i~except family leave in AZ...Ft & SD & unemployment). When ! enrolled. certificates will be mailed explaining your coverage i & effecltve date, In MN. unemployment coverage is effective ) 61 days from your certificate effective date. For unemployment ! or family leave beni'tits. you must be gainfully empioyea . I workl7ll at least 30 hJ&lwk Inot self-employed or an independent i contraclor) for 90 consecutive days belore the date of loss . j ICO ~ belore application date). IPA - on the date of loss). llTX - before coverage effective date for unemployment), i Emp\oyees of professional corporations may be eligible. l COy;era,es (; 8endlis; Credit Insurance covers: your \ death: involuntary unemployment due to.job loss,general ; strike. unionized labor dispute..or lodout;.total disability due \ to sickness or injury if you are unable to Perform the material ; &- substantial duties of your job lor any job atler 12 mos. in \ PA; 18 mos. in AL. AZ. AR. CA. DE. DC. CA, HI. \I). IL. IA: KS, ,LA, MD. MN. MS. NV.:NI. NO, OH. OK. RI. SO. TN. VT. WA. WV. I WI & WYI; your or your spouse's un,paid leave of absence ! trom employment due to .care of your newborn or newly adopted 1 child or an incapacitated immediate lamily member.(must. be ! spouse. child. stepchild or parent in AK); mandatory recall to l active military duty: jury duty (except in AKI; or residence in I a federally declared disaster area. Loss (not death) .must i continue at least 30 days before benefits beein. In NY. fOl.. ! strikes.. unionized labor disputes & lockouts. you. must be ~ unemployed for 7 consecutive weeks & qualify. fOJ-state unem- i plbyment benefits before benefits begin. A daily benefit is l paid for each day of loss over 30 days for unemployment in , NY & PA. and disability in CA. CT. GA. NY. MI. PA. RI & SC. i You may cancel this coverage at any time. If canceled within . the first 30 days of coverage. all premiums will be refunded. EJ.dU!;lons' Lile: suicide in the first 6 months\,f.coverage lnot MD & MO}. Involuntary U.nemployment: retirement, resignation. .voluntarY forfeiturE of income or job loss pue to willful or criminal misconduct. disability. sttikes in;IL;milltary discharge in NY & normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth (not CA. MA &: NV}. intentionally self~infHc:t-ed injuries Inot'MDI. or a pre-existing medical condition duririCfirst 6 month'of coverage lnot Nil. 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 coverag~s vary by state. Please refer to your certificates for a fuJI e.xplanation of coverage. Costs Der $100 Deer Month of Averaee D.elly Belance:. Costs apply to Life IL). Disability (D), Unemployment IU) & Family Leave (~t.~4.5i:; AK 78(; AZ 99.9<; AR 99<; CA 89.9(: CO 50.66<: CT 42.89(:.DE 99.9<: DC 99.!i(: fL 89(;GA 90.8(; HI 89.91(: ID 99.5< IL 8:6<.016.9<. U 54(. nOe); IL .. 80.97<: IN 96<: IA 97.8( IL 7.2(. 0 16.6<. U 54<. f 20<); KS 85.47(: KY 97.4(: LA 99.93<; ME 53.05<:'MO 79.74(; MA 15.7<; MI85.7(; MN 31.47<: MS 925(: MO 61.\(; MT 93.9(; NE 95.8(; NV 99.87(; NH 95(; N/97(; NM 58.9<; NY 52.5( IL 8.8<. D 26.8<. U 16.9(); NC 7l.3.<; NO 94.97(; OH 99.9<; OK 97.47<:: OR 80.8(; PA 38.1(; PR 99<; RI99.8(; SC 78.8<: SO 99.9(; TN 92.5(; TX 33.7( (L4.8<. D 12.'/<. U 16<:1; UT 90.44<; VT 34.92<: IL 6.68(.012.24(. F 16(); VA 84( (L 6.1(.08.9(, U 49c. F 20eJ; WA 89.39C; WV 99.5<; WI 93.6< IL 5.7<. D 8.9<, U 59<. F 20cl & WY 99.7<. Avallabllttv. Involuntary Unemployment Is not available In MA or VT. Family Leave is not available in AL. CT. MA. MO. MN. NM. NY. PA. Ot TX. Unde,.wrltlnR CcmDani.esIPoUcv: Involuntary Unemployment: Amerlcan SecuriryILOI(:V85). LOI NY(3193). ~ LOI TX011991. LOIC-IP-KSI2l961. LOIC.IP-CRS-MEI~1Il51 and LOIC-IP, Standard GuarantylSG LOI (5/851 (NH only). LI(e &- Disability; Union Secutlty LlleJL-I,Z. L-5-G in At, AZ. AR. DE. DC. 10. IL. IA. KS. L.A. MD. MN. MS. NV. NO. OH, OK. RI. SO, VT..WA, WV & WY; Standard Guaranty Lile (TX only]/ L-I-ZI8I92i(l.53RA). first foltls Life (NY Lile onlyj/NYLMOOI3. American Security (NY Disability only}IW~S-A. Fortis' Insurance (ME onJy)/U~X-A, Family Leave: American Se<urltylFLP (4197). FLP-FL02l971In FL. FLP-NC {3I9811n NC. FLP-OKI41971In OK. FLP-VA(2198)In VA. FL.IPIAZi(7198j In AZ. FL~P14l971 in IL &- IN; FL-IP-1<5 (121971 in 1<5. fL.IP-ME (4199) In ME; fL-IP-WY(41971In WY; Standard GuarantylFLP (4/97) in NH: Union Security Lifelf'LP~Vn4l97) in yr. SoUcitine a@ents for Mississippi a.nd 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 misleadine information to an insurer for the purpose of deJraudlng the insurer or any other person, Penalties include imprisonment andlor fines. In addition. an insurer may deny insurance benefits if false infonnatlon materially related to a claim was provided by the 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 51250, In OR, COVer8€e pays the.greater of 1136th of the bal.. ance or the current minimum payment due oll. your date of loss. III NY & PA. coverage pays the millimurn.payment due on your date of loss. In TIC. coverage pays the greater of 6~ of your insured outstandfne balance on your date of unemploy.. ment or your minimum monthly payment. - -The number of monthly benefit payments wl1l not exceed 9 for family leave; 12 for unemployment In At. AK. CT. IL. MI. MN. MO. NM. NC. NY. PA. SC & TX; 12 for disability In l>J(, CO. cr. FL. KY. MA. MO. MT. NE. NH. NM. NC. OR, SC, UT & VA. I NY. NI I; TX Re$ldents ani)': To purchase covera@es separately. write to Assurant Group, P. O. Box 50'355, Atlanta. .GA W302. Applications will be sent to you. . ...- . ....... 12 I I . 1 . , 1 . I I 1 I .... '" Iil i I 6 . ~ . Z :g '" III NATIONAL ARBITRATION FORUM @ MBNA America Bank, N.A. clo Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre Rockville, MD 20850-5775 CLAIMANT(s), AWARD RE: MBNA America Bank, N.A. v Donald G Hendrickson File Number: FA0404000261363 Claimant File Number: 5401265348011571 Donald G Hendrickson ] ]26 Linn Dr CARLISLE, P A 170134248 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1. That no known conflict of interest exists. 2. That on or before 04/23/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. 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 Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of$8,273.33. ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This A ward was duly entered and the Forum hereby certifies that a copy of this A ward was sent by first class mail postage prepaid to the parties at the above referenced addresses on this date. Entered in the State ofPennsy]vania ~.J~ ~~~ \ ~""'- Date: 08/] 012004 Honorable Harold Kalina, Ret. Director of Arbitration 0811 012004 ( ~(::; l'-~\ --- U'. ~ 9-J (Y, ~ ~v -.J 8- " C'''' --t"\c.S (J.. >L' () ~" - I ~, vl c' ,...., ""'.) ( , j'.,/ r;' (U) J&D Hendrickson 1126 Linn Drive Carlisle, P A 17013 RE: MBNA America Bank, N.A. Vs. Donald G. Hendrickson File # 04-5101 Civil Civil Action Law Date: October 18, 2004 flQS~o~ To Whom It May Concern: Following is my written response in regards to the above summons. Please take this information into consideration when making your decision. Attached is my budget sheet, which shows my current financial situation and a copy of the contract & POA I have signed with American Debt Negotiation & Settlements to settle my debts. It is my wish that a reasonable solution can be worked out through them. I was diagnosed with bladder cancer in 200 I and recently had a cancerous tumor removed from my arm in December 2003. My wife was diagnosed with ovarian cancer in April 2003 and has undergone extensive medical procedures which require in-home care. Prior to this diagnosis, she was employed full-time as means to rectifY our debt. Due to the rigorous treatment schedule along with side effects, she is no longer able to work and we currently live on a limited income. Initially, we attempted to contact our creditors to ask for assistance; that due to our situation our finances were tight and we requested to possibly adjust, lower our payment or interest rate to assist in alleviating our fmancial struggle. We were informed by the representatives that there was nothing they could do because we were still current and would need to be past due on our accounts. In an effort to avoid bankruptcy because we had always been responsible people in rectifYing our debts, we turned to American Debt Negotiations & Settlements, LLC to help us with our financial situation. We regret that this action needed to be taken, but if we had not done this, we were looking at declaring bankruptcy immediately. We welcomed the opportunity for a more honorable way to resolve this serious situation, and want to do the best we can for the creditors affected. We thank you for your patience and understanding. Sincerely, ;:)..,.,~, i! /Lv.."WD-h-v--' //^---' Donald G. Hendrickson Client Name: Donald Henrickson Budget Sheet Income vs. Expenses Total Monthly Income: Retirement 550.00 Social Security (husband) 1200.00 Social Security 1050.00 TOTAL: $2800.00 Monthly Expenses: Home Payment 884.26 Home Insurance 47.33 Car Payment (1) 477.18 Car Payment (2) 550.03 Car Insurance (1) 56.83 Car Insurance (2) 56.39 Health Insurance 187.66 Dental Insurance 55.44 Life Insurance: 150.09 AAA 8.17 Legions 25.98 Veterans 30.50 PremPlus (1) 22.20 PremPlus (2) 13.20 Walmart life 50.04 ADNS Payment 1300.00 Utilities (electric/water) 337.00 Telephone 40.00 Medication (approx) 240.87 Food 400.00 Gas for Car 100.00 Hospital Exp/Dr. Bills 245.00 (7 doctors per month) Misc. Expenses 100.00 (glasses, hearing aid expenses) TOTAL EXPENSES: $5,228.08 As you can see my total monthly expenses far exceeds our monthly income. Weare fortunate to have two children who provide monetary support to supplement our income in assisting with expenses. However, our children are not able to harbor our debts to our creditors as well. FAX TO: (818) 238-0012 Attn: Annette Hochman ADNS APPLICATION FOR SERVICES 1. ENGAGEMENT. The undersigned ("Client") hereby applies for Debt Negotiation Services and grants to American Debt Negotiation and Settlement ("The Company") the exclusive right to negotiate with The Client's creditors, and to settle creditors' claims. The Company shaH not have the right to bind Client to any settlement without Client's prior consent. The Company does not furnish any legal advice or legal services, nor advise Client regarding any legal issues or as to the legal effect of any settlement. All information regarding Client's financial condition is the sole responsibility of Client. Client understands it is important to immediately discontinuc all electronic debits that their creditors are deducting from their checking accounts. Client agrees to indenmify and hold The Company and its principals hannless from any liability incurred by The Company based on false or misleading information provided by Client. 2. DEBTS TO BE SETTLED. The Client has provided The Company a list of Unsecured DeblS to be negotiated by The Company totaling approximately 5130.000.0Q The Client Attests thst these are all of their Unsecured Debts, unless otherwise mentioned herein. 3. MONTHLY DEPOSITS. The Client will make monthly deposits of 51.300.00. The funds will be transmitted via check each month to a Client Reserve Account for the purpose of settling the debts, in approximately 48-60 months, or less if there is a mortgage refmancing, or some other form of lump sum thaI may be applied toward settling the unsecured debts more rapidly. It is understood that this is an estimate only and that The Company will make best efforts to settle The Clients dehts within this time and that The Client can accelerate settlements by making additional deposits, at any time. 4. FEES. The Client agrees to pay The Company fees, as follows, which are deducted from their Monthly Deposits, which remains the same throughout the term of this agreement, however may be added to in order to accelerate settlements: a. The Company shall be entitled to a fee in an amount equal to twenty five percent (25%) of the difference between the creditor's claim and the amount, which the creditor agrees to accept in full settlement of its claim. If the settlement Is for payment of the full amount of the creditor's claim, but the settlement calls for installment payments, or for one or more deferred payments, then the Company shall be entitled to a fee in an amount equal to seven pClcent (7%) of the amounI of the creditor's claim. All settlements must be agreed upon and signed by The Client and The Company, prior to funds being released from the Client Reserve Account. b. Client agrees to pay a One-Time Nonrefundable Set Up fee equivalent to 3.5% of their total Unsecured Debt amolmt to be managed by The Company. c. Client agrees to pay a Service Fee of Fifty Dollars ($50.00) per month for the first ten accounts and Five Dollars ($5.00) per month for each account over ten (10). This monthly fee will entitle the client to full service of their account for the life of their account. This includes but is not limited to full client services, full creditor services. :). ~ .('- J nitial Rere: if \IV ""' 800/Z00 ~ xv.; 88: ZO POOZlOZ/PO 5. RESPONSffiILITIES OF lHE COMPANY AND CLIENT. The Company \'\oiIl perform the services called for under this contract, keep Client informed of developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with The Company, keep The Company reasonably informed of developments, and of its address, telephone number, and whereabouts; and Client will timely make any and all payments required to be made under this contract. 6.NO GUARANTEED OUTCOME. The Company will perform professional negotiation services on Client's behalf to the best of its ability, however The Company cannot make and has not made any guarantees regarding results. Client understands that Clients credit rating can be affected due to the nature of these negotiations. The Company's expressions about the outcome of any matter are its best professional estimates only, and are limited by its knowledge at the time they are expressed. 7. TERMINATION. The Company may withdraw from representing Client if Client fails to promptly pay The Company's fees, if Client misrepresents or fails to disclose any material facts, if Client acts contrary to The Company's advice, if Client does not retum TIle Company's phone calls in a timely manner, or if anything else occurs that in The Company'sjudgment impairs an effective relationship. Client shall have the right to terminate The Company's services at any time, effective on thirty (30) day's written notice. 8. FEES ON TERMINATION. In the event of the termination of this ContraCt by cither party, any accrued fees shall be immediately due and payable. If Client agrees to a settlement with any creditor within one year after the tennination ofthis Contract, on terms substantially the Same as those negotiated by the Company, and presented to Client before termination of this Contract, then the Company shall be entitled to the payment of all fees as though this Contract had not been terminated prior to Client's agreement to the settlement. 9. RETURNED CHECK FEE. There will be a fee of $20.00 charged for any returned check. 10. LEGAL DISPUTES. In the unforeseen event of any dispute arising out of, or relating to this Contract, both The Client and The Company agree to resolve the dispute with neutral binding arbitration in accordance with the laws of the state of Alabama. In the event that any provision hereof is detennined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. This Agreement constitutes the entire agreement between The Company and the Client relating to the specific subject matter hereof. There are not terms, obligations, covenants, representations, statements, or conditions, other than those contained hercin. No variations or modifications of this Agreement or waiver of any of the terms of provisions hereof shall be deemed valid unless in writing and signed by both parties. I have read, fully understand and agree with all tenos and conditions stated above. CliM'~_'), SY..i<?i -ff:;' ~=' h;>(.o 3 ChentName(s); a;:;.'t/" _~t~ &~ 1<((')Af Accepted by; ~AUN eoo/eoo ~ xv~ se:zo pooz/oz/po SPECIAL POWER OF ATfORNEY I, J\J~'~l, tJe;,.Il.;t...-lledj,-icl<~f1r1. Born Sf /f/ f S? . Social Security No. f r:;~ -~- //// do hereby appoint American Debt Negotiations and Settlements, LLC (its employees, assigns and/or agents, hereafter ADNS) located at 1317 N. San Fernando Blvd. #531, Burbank, CA 91504-4272, as my true and lawful attorney in fact for me and in my name and for my use and benefit for the following purpose and with the following powers and none other: Any and all transactions relating to negotiation with my creditors for the purpose of settling their claims against me. Notwithstanding the foregoing, however, no settlement shall be binding on me without my prior written approval. ADNS (and its appointees) are also authorized to do all things reasonably necessary and appropriate to exercise the authority granted to it under this Power of Attorney. ill addition, I hereby appoint and authorize ADNS to request, review, and receive any information, verbal or written, regarding my accounts, via internet, fax and/or Mail. This power ofattorney shall commence on the .,;z 7 day of J UA/{. ,CJ.oo .7 . This Power of Attorney revokes all earlier powers of attorney given by, or on behalf of me relating to the negotiation and settlement of creditors' claims (except for powers, if any, given to Attorneys at law); and shall be effective, and binding on me until revoked by an instrument in writing executed by me. Signed under penalty of peJjury of the laws of the State of ~Il,..sy / lit; /I i If that the foregoing is true and correct. Executedthis;;l.7 dayof Ju~t... ,.;2l)o3intheCountyof (' <.1m(/, t LLAIll', . State of -:P A- 1?~c14 Ikvu, -~ (Client) \) ud;1t.,. tJ,,~~t '~A<I'tf~ted Name) ~ (W.....) ,klf,.1 AI"",,,:_ (PrinI..tN_) - ~ (Witness) AfiCK: 1M/I 'or!,,,,,.') (Printed Name) SPECIAL POWER OF ATIORNEY I, '])ONA-I.]) !1.NrJ/:l/{..JoAl .BornldJ2..ZJOZ9 . Social Security No. .J /1/ ~I -.;1;1 '5110 hereby appoint American Debt Negotiations and Settlements, LLC (its employees, assigns and/or agents, hereafter ADNS) located at 1317 N. San Fernando Blvd. #531, Burbank. CA 91504-4272, as my lrue and lawful attorney in fact for me and in my name and for my use and benefit for the following pmpose and with the following powers and none other: Any and all transactions relating to negotiation with my creditors for the pmpose of settling their claims against me. Notwithstanding the foregoing, however, no settlement shall be binding on me without my prior written approval. ADNS (and its appointees) are also authorized to do all things reasonably necessary and appropriate to exercise the authority granted to it under this Power of Attorney. In addition, I hereby appoint and authorize ADNS to request, review, and receive any information, verbal or written, regarding my accounts, via internet, fax and/or Mail. This power of attorney shall commence on the ;).7 day of -.J IA ~ . ;:).{)06. This Power of Attorney revokes all earlier powers of attorney given by, or on behalf of me relating to the negotiation and settlement of creditors' claims (except for powers, if any, given to Attorneys at law); and shall be effective, and binding on me until revoked by an instrument in writing executed by me. Signed under penalty of perjury of the laws of the State of .:t>' ^" <... I J 4'1. ; 1<" that the foregoing is lrue and correct. T ~ecuted this ~ day of ~ J lJ IL- .. ~U1'" i:> . State of , ~OO3 in the County of 4=>/r ~t1~~/~t",e' ~'~, . . J;j)~ (Client) :])ONJh D J.llf'llr~tt.':fJJ (Printed Name) (Witness) 'CJtJf /~Ill AJor/'.{.... (Printed Name) (Witness)}JJ.cK.. ')::t // 10,.';;/0 (Printed Name) C. --. Ii"; -""-.j r"-,) <...n (;7' c~"t c.,. -<. SHERIFF'S RETURN - REGULAR CASE NO: 2004-05101 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA , Tf"' VC' HENDRICKSON DONALD G SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law; says, the within COMPLAINT & NOTICE DONALD HENDRICKSON was served upon the 2004 DEFENDANT , at 1540:00 HOURS, on the 13th day of October at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DONALD HENDRICKSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 Sworn and Subscribed to before w me this ~ '-" day of ~ c2~~- A.D. ~< () /hJ1<. i~ rothonotary So Answers: .~. . ,.. ..,-:;/ /~.,-:?' ;:p;"'Cr::::f:-..-~~~ . ......."'.-:~:.:_~ .-;1- ,tf,.p.~A~""Y,.~~.;,t.v.._,r''''~<'~ ",7 ..........4'Jl.~ -ll , ,jY "",JJ>_ '"'I' R. Thomas Kline 10/13/2004 WOLPOFF & ABRAMSON By: CI . r \.) /LOJI../7{Jy! U L<.FJ do. i' ' Deputy Sheriff 74 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. 200405l01P . 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, By: '"' ,.\h~ \>\"" / ~"0617 Philip C. Warholic 1186341 / ... :' .~(. David R. Ga11o~ay #87326 / onllyn M. Chippie.~ Ronald M. Abramson #94266 / Ronald S. Canter #94000. Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, 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: