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Home My WebLink About04-5901 J:;1J"tJ . . 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. o '1-- 5-90 I C;v.1 -- I e .....- IV\. Plaintiff VS. CIVIL ACTION - LAW ANN E HAY 420 WILDWOOD RD CARLISLE PA 17013-7730 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. NOTIC1A 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 la 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 previo 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 importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO 1MMED1ATAMENTE. SI NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERV1C10 VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA D1RECC10N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 CVRNOT/PACCP W&A FILE NO. 120490215 ,jl:/,j41 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. Plaintiff VS. CIVIL ACTION - LAW ANN E HAY 420 WILDWOOD RD CARLISLE PA 17013-7730 Defendant(s) 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, ANN E HAY a last known address of , is an adult individual with 420 WILDWOOD RD CARLISLE PA 17013-7730 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. 1DSOA1!P ACCP W&A FILE NO. 120490215 39353 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 "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 $ 8087.08 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), ANN E HAY , in the amount of $ 8087.08 plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Jj~~ Amy F. Doyle #87062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 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 1DSOA2/PACCP W&A FILE NO. 120490215 39355 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: ?J~ ~_ Amy F. Doyle 187062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 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 PAVERF/PACCP W&A FILE NO. 120490215 39347 EXHIBIT "A" !'....:..:.. - :-~,:-..,~'.:-:,. ':>~..'" -:-~. ~ " .. .. ,., ... " Credif~~r4:Agreeme~' :', , Addltio nill Terms :iuid. Co'riditions . : :'.: _ .~:~~~.__-="\:~~:..h :.~_:~. ....... . ..' ..-. =....... -- ...' ...: ... .,..' __;,:',1. .... : '. ". ':.~-: "':;~.=' ~".::.:,,:.:,~.;~...~ . .~\" ..... :,..~. .?-- ... .::~'.~.~' . ; .'t;; . . .u~c€OO;V;:J~~~;;$""...,1t~~.i'1':":'i~ ::.a.~.. . . ~acy 'I~.':'U ... ...-....~.~................_-~...t..~-....I .. .~. '. .... .....:... ..... ' . -: -\:-:.. ":~. :.:~. ,.. .... '.~:l,::-:'~:.. ':~ :,,,~~~J;!~:,~..~:~~;,~~.~~~t,~"'. ::.:'" .... .' . ::~':':;"'.~ ~t,,,,\..'.' I.:".. . . .. ,. .......~~.':....'!.:~;;,..r.!:.~Ff!"'-l .'--_I.l.'. . ,Mt;.,::"". ~~:I"~:.:..,,!:~:!'!I""~~"'~~:""'~::. tJ.:-' .'.: "1\cdJra '.ot:lnrCimiri6tYP.arh'$ecfia ~'" , .. CY. ., .....-..'.t ,...."..n .~....,',.- a...-. .. "'\,. "c' ed' R" ..... \i.-.......Ag~...:I1':~')P ,... ....,,...........:tL:u~...r.,.~..._ r It epomng enaes~:.~.i...:~.......:.4 .,j". _'.' t"::' ....< ..' "io:.' . . . , . .,. '" " .... .' .~t. .' . How to Ose Your Account:......;.;;...:..~.......4 . . ;':....' .' .: ....:.. .' .': ......:;~.:. .... . ..' to..' .(~..::.~ ~~.i;~'....,..&f:C.: "~Ii:!... .,...'t--.... . .:.....:::.L...'.~.: r:.......oo . ":"" t'. ". .... ..~...,!..-~~:":' '~~.t,.7;'<:".";':. ..... 'oI"~(. .... -:e' ~?.....~.~~.~l';-?'.c:..c; ~~ !,.:'" .-.-,'. '"!~'. . . ........ ..:,~~-!( . ..... . Payments on Your A~unt......................5 . ". :.. ~ .. ,.,:'.. .'~.'.. ..:"-.. :~:;" . . ~ .i..r.;.....;:.c,;1r.:~~;.~-::;t~i:. . ...: ':'.:':l.; .;."..~...-!-... .' "";!' . We May Amend This:Agreement .............8 ~.. . .... """. . ". .':;':; '"t'. ~ . .. . ""',' .:." ,,. , , 'oo' . - .~.;:~:~;:;:: :~~?::~~~;:';;:."::~~'~~: ::'::~ . ' .' ,'j \.''2' c. "(\'~" .lip (' . .. :what,Law:AppJieS ;'~7-r.-~~:~~~~'~c . , -' . '. .. .:..,,!,. :-='7" rY :-~~. ".1'; ~.:~::~'.."":. . .~:. ". ~ ",~'~l:~.~:t..:._~,-: :'.~. \~~~~r:~ ft:.- .:" :'4' :' ~~ ~:';~l::~~. '.' :~ ...~.~..1,.~. .:;!(~ . . , Arbitration .~~ Li~~'@~?:~'~~':;~7,;,,:~i~:~~" 9, eo... ': . ':,," ..... . ..... NEXT9 ,. .~ Your COntrad Witft u. Ypur Credit Card Aireement with us consists of these Ad11tlonal Terms and Conditions and the document called th~ Required Federal Disclosures or the Initial Dlsdosure. Yo~'aeree to the terms and conditions of this Agreement. Fotthe purpose of the Priwq Not/u. we will use the defjnltlon~ COI\Jained In the third paraeraph of the PriWl'll NolicI. For the'remainder of the Agreement. we will use the definitions deScribed under the section headine Words USId Oft- ill ~:^,"/IlIIIt. , PrlVClclI Notice Your privacy is Important to lIS: At MBNA. we are committed to providine you with the finest finandal productS and services backed by consistently top-quallr service. And while information about you is fundamentai to our ability to do this. we fully recognize the importana of keeping personal and account information secure: To offer you the widest range of products and services MBNA .may share information about you bc:lth within ' MBNA and outside of MBNA with other companies. This allo'.vs us to offer you products and services that may Interest you and best meet your needs. whether they are available directly from,MBNA or throlJ&h our relationships with other companies. We waht you ~o , understand our information safeguards. what informatior we collect. what information we share. and the beneftts you receive when we share Information about you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates. including MBNA America Banl. NA. MBNA America (Delaware). NA. Palladian Travel Services. Inc.; MBNA Hallmark Information Services. Inc.. -MBNA Marketing Systems. Inc.. and MBNA Insurance.Age.ney. Ine. (coll~vel)'~ "MBNA-). for finanaal products and services govemed 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. elthel within MBNA or outc;lde of MElPIIA with other companies Our Securlty Procedures: MBNA understands the imponance of protec:tlni and securing Information rr..l .~l~ I. \~."'f'Pi..~..\y II............~... I.,r"rrn..~i"n about you is restricted to the people of- MBNA who require It to provide products or services to you. We maintain physical. electronic. and procedural safeguard: that comply with federal standards' for the security of Information. When MBNA shares Information abollt you with companies outside of MBNA. We require them tE) . impose safeguards. use It only for a permitted purpose, and to retum it to us or destroy it once that -purpose Is served. We limit the amount of Information shared to what is appropriate to offer a product or service em- 'dently. MBNA requires any company recelvlhi Infor- mation from MBNA to slen a Confidentiality Agreemen containing these requirements and obligatlne that company to protect the Information as we would. . ..~ e &. -. .' Information We CoDed: MBNA collects and uses nolipublic personal Information about you to conduct our business and to consistently deliver the top-quallty Customer service you expect from us. Sources of this information Include the followll\l: . Information we receive from you on applications and other forms or through your correspondence or communication with us Includlnl through 'the mall. 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 transilctlons with MBNA and with other companies outside of MBNA. Information We Share Within MBNA: We may share all of the information we collect about you with financial service companies within MBNA to offer additional products or services that may Inte~ you and best meet your needs, We believe this is convenient for you and may saVe you both time and mone,. To do so. we share identificatlon Information (such as name and address). transattlon and experience information (such as purchases and payments). credit ellilbillty information (such as credit reports and applications). and other information. The decision to purchase any such plOd- ucts or services is yours alone, You may tell us not to share credit eligibility Information about you within MBNA. but please understand this does not prohibit us from offering you additional products and services or from sharing transaction and experience. identification. and other information Within MBNA. Information We Share WIth Others: From time to time. we may allow companies outside of MBNA to offer you their produc:ts and services that may interest you. These products and services may be offered by financial service providers (such as banks. loan brokers. acx:ount aggregators. insurance qents. insurance companies. moltfaee bankers. and securities broker-dealers). by nonfinandal companies (such as retailers. direct mar- keters. communications companies. Internet service providers. manufacturers. service companies. travel agents. cruIse lines. I.dr renusl is''l:II\.1Cl. 1IU\'::b.. ..MI._. publishers. and organizations endorsing MBNA financial products or services). and others (such as nonprofit organizations). Subject to applicable law. we may share all the Information we collect With these CQmpanies out- side of MBNA. unless you tell us net to. , Additionally. we may share all the Information we collect with companies that perform marketinc or other services on our behalf or to other financial institutions with which we have joint marketi", agreements. We are also permitted by law to share information about you with other companies in certain drcumstances. For Instance. we may share all of the information we collect with companies assisting us in serviclnl your loan or account. with companies that endorse our 'products and s'eN'ltes through affinity agreements. with government entities In response to sub~nas or 2 regulatory. requlremeflts: alKl with consumer reponing agencies. If you tell us not to share Information with companies outside of MBNA-that wish to offer-you their prQducts and services. as described above. please understand that we will continue to share information in these additional circumstances. Important Inform.don About Your Choice: We're dedicated to serving your needs. and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA. and you may tell us not to share information with companies outside of MBNA.that wish to offer you their products and serv- ices as described above. If you wish to opt out of such information sharing. please call toll-free 1-866-751-1255. We will ask you to verify your Identity and the specific accounts to which the opt out applies, so please have all your account. membership. or reference ,numbers and your Social Security numbe~ or Taxpayer Identification number for depoSit accounts available when 'you call. MBNA applies opt outs at t~ account level, not by indiVidual customer. When any person listed with others on an account opts out (for example. a co-appllcant. joint account holder, or authorized user). we will list the entire account as having opted out MBNA will continue to , adhere to Its disclosed privacy practices for an account even If It becomes Inactive or Is closed. An opt out from information sharing on an account as descriPed above. either within MBNA andlor with companies outside of MBNA. remains effective unless revoked'ln writing. Federal regulations require us to proVIde this notiCe on an annual basis. whether or not an account has previouslY. opted out from either type of Information sharine. Please remember when'you ~Ive our subsequent notices that an account previously opted out from either or both types of infonnation sharlna (and not revoked In writing) does not need to be opted out Sialft. This notice updates and replaces any previous notices from MBNA about the pri.,acy, security. and ,...._'A_'." ~ i,rr_.......tlnn Fnr 1:l/irlltlnnAllnforrgjltlon regarding MBNA's privacy practices concerning tne Internet. and to view the most recent ~erslon of this privacy ootlce, please go to www.mbna.com and click on -Privacy Notice: You may,have other privacy pro- tections under state laws. We may amend this privacy notice at any time, and we will Inform you of ~ances 8S required by law. ,- Words Used often In' Tfals Agreement, .Agreement~ or .credlt Card Aareement. means these Additional Terms and Conditions Ind the Required Federal Disclosures lor the Initial Dlsclosu~) Ind Iny chanles we make to those documents from time to time, "You. and "yOur'" mean each and all of the Persons who are granted. accept. or use an acxount we hold.. ,"You. and "your" also mean any other person who has guaranteed payment of this account. when used In the sections entitled W, Malf Mold.. a"" R<<ord T~ OIls and Mitra_a"" Uti!lllllon and when used In each of the sectIonS reletine to payment of this ecx:ount , -'-": 3 (Your PIOIIIiSt"fw Pay and ~W, AIaII YCllII' Pav"""Is. for example) -We: .us: .our", and -MBNA America" mean MBNA America Bank. NA -Card. means all the credit cards we Issue to you and to . any other person with authorization to use this ecx:ount pursuant to this Agreement. . -Access check" means an acxess check we provide to you t make a Check Cash Advance on your account If we use a capitalized term In this document but do not define the term In this document. the term has the meanlna given in the Required Federal Disclosures or the Initial Disclosu~ or as used In your monthly statement. We use section headlnls lsuch as Words Used 0Imt 1ft TIi Ai"",,,nl) to organize this Aareement. The actual terms c this Agreement are in the sentences that follow and not, the headlnp. . Sign Your Card You should sien your card before you use it. We May Monitor and Record Telepfaone Calls You consent to and authorize MBNA America. any of Its dill, ates. or Its marketlfll associates to monitor andlor record ar ' of your telephone conversatlof\S with our representatives or the representatIveS of any of those companies. , Credit Reporting Agencies You authorize MBNA America to collect Information about you, Including credit reports from consumer ~portlng 8Ief\CIe If you believe we have furnished Inaccurate or Incomplete information ,bout you or your account to a credit reportI", agency. write us .t: MBNA. Credit Reportlna Aeendes. 'P.O. Box 17054. Wllmlnlton. DE 19884.7054. Please IncI_de you name. address. home phone number, Ind account number. and explain what you believe II Inaccurate or Incomplete. How to Use Your Account You may obtain credit In the form of Purchases and Cash Advances by uslna your cards. access checks. accOunt num. ber. or other credit devices. Please refer to your Required Federll Olsdosu~ nr Inltle' [\1~1I'- tJ) d-t~lnlt wh,t transactions constitute Purchases and Cash Advances and how you may obtain them. TN""''''''. -.tt? f." ('mRfn ('n,(,A-fw"", The transaction date for Check Cash Advances and Batar Transfers done by check Is the date you or the person to whom the check Is made payable first deposits or cashes tt check. The transaction date for a returned payment twhkh will then be dasslfied'8I a Bank Cash Advance) II the date that the correspondlOl payment posted to your ec:count. purposes for Using Your Account You may use your accOunt for personal. family. or housi!h 'Purposes. You may not use your account for buslnell or commercial purposes, You may not use a Check Cash Advance. or any other Cash Advance. to make a payment 0 this or any othet credit account with \II. You may not \lie 0: pennlt your account to be used to make any llleaal tranMCtl Persons Using Your Account If you permit any person to use your caret access thee account number. or other credit device with the authorilal to obtain ~tt9n your aa:o'ul't. you may be liable for a 4& ~..,,:.a.' ^ ttan'nctions'made by that persOn. includlne transactions for which you may not have intended to be liable. even If the amount 01 those transactions causes your credit limit to be exceeded. Authorized users 01 this account may have the same accesS to Information about the account and Its users as the account holders. H~w You May Stop Payment on an Access'Clietft You may request a stop payment on an acctss check by .. providln; us with the access check number. dollar amount. and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months lrom the day. that we place the stop payment. You May Not postdtite an Access Cliec' You may not Issue a postdated access chec:k on your ' account. II you do postdate an access'check. we may elect to honor It upon presentment .or retum it unpaid to the person who presented It to us for payment, without, in either case. waltlne for the date shown on the access ched. We are not liable to you for any loss or expense incurred by you arlslne out of the action we elect ,to take. , Your Promise to Pa, 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 charaes. lees. and any other transactions we challe qalnst your account. ' Payments on, Your Account You must pay each month at least the Total Minimum Payment Due shown on your monthly statement.by your Payment Due Date, You may pay the entire amount you owe us at any time, Payments made'1n any bl!line cycle that are ereater than the Total Minimum P~meJlt Due:wlll not affect your oblleatlon to make the next Total Minimum Payment Due, If you overpay or II there Is a aedlt 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 IInandallm.lIluti<m.. to....l~ cu\5lde the Unltl!Cl States. Payment 01 your Total Minimum Payment Due may not avoid the assessment of Overllr:nlt Fees. " ~,. (&111 rll,,,.c;,4 Will Lc; Oc;dll.c4 to Your Account We credit payments as of the date received. if the payment Is II) received by 2 p.m, I Eastern nme): (2) received at the address shown In the upper left-hand comer of the front 01 your monthly statement: (3) paid with a check drawn In U.s. dollars on a U.S, f1nandallnstltutlon or a U.s. dollar money order: and I." sent In the return envelope with~nly the top portion of your statement accompanylnc it. Payments received after 2 p.m, on any day, Indudlne the Payment Due Date. but that otherwise meet the above requirements. will be credited as 01 the next clay, Credit for any other payments may be delayed up to five days. ' How We AUocate Your Payments We will allocate your payments In the manner we determine. In most instances. we will allocate your payments to balances Ilndudln. new transactionsl with lower APRs before balances with hliher APRs. This will result In new balances with lower APRs (such as those~th promotional APR offers) belne paid , .. ,o'.a.:., "'- before any ot~r exlstlne beta_. Promise to Pay Applies to All Person. All persons who initially or subsequently request. accept. guarantee. or use the account are Individually and topther responsible for any total outstandln. balance. We may refuse to release lrom liability any person who Is responSible to pIIy any total outstandlni balance. until all of the cards. aa:ess checks. and other credit devices outstandlnc under the account have been retumed to us and any such person or persons repays us the total outstandinc belance owed to us at any time under the terms of this Agreement Default You win be In default of this Aireement If: II) you fall to make any required Total Minimum Payment Due by Its Payment Due Date: (2) your total outstanclinc balana: exceeds your aedlt limit: or {3) you hlH to abide by any other tenn of this Agreement. Solely for the purposes of detennlnlne ellilblllty and premium payment' oblleatlons for the optional credit insurana purchased throuih MBNA. you will be deemed In delault or delinquent If you fan to make a payment within 90 days of your Payment Due Date. Our failure to exercise any c our riehts when you default does not mean thet we are unable to exercise those ri,hts upon iater default. When We May Require Immediate Paymen: If you are In default. we can require Immediate payment of your total outstandlnl balance and, unless prohibited b} applicable law and except as otherwise provided under the ArlIilralio" ,"4 Uti"lion section of this Aereement. we can also reqUire you to pay the costs we incur In any collection p'roceedlnc. as well as reasonable attorneys' fees If we rete your account for collection to an attorney who Is not our salaried employee. Otlier Payment Ternu We can accept late payments. partial payments. or pay- ments with any restrictive wrltlne without Ioslne any of our riehts under this Aereement. This means that no payment. Includinl those marked with -Paid In fun" or with any othel Idlll~tl.,e words. shell operate aa eft aCCClfd al'ld catlrda-1k without the prior written approval of one of our senior offtc You may not use a postdated check to make a payment. If lOu do oostdate a .P8,Iment check, we ma}' elect to honor I upon presentrnellf'bflelullI I( unu...m..J\o UlIC .........., ... presented It. without. In either case. waltlne lor the date shown on the check. We are not liable to you for eny l01I or expense Inamed by you artslnc out d the ac.tIcln we elec:t to 1 Payment Holida,. We may allow you, from time to time. to omit I month' payment. We will notify you when this option Is available you omit a payment. finance charaes anti any applicable ! wllllccrue on your account In accorclance with th" Alreement. You must resume maklnc your Total Mlnlrnu Payment Due each month followlnc a payment holiday. Transactions Made in Foreign Currenc If you make a transaction In a foreJcn currency, the trIInSo will be convened by Visa International or MasterCard ' International. dependlne on which caRt you use, Into a l dollar amount In accordance with the operatlne reculatio conversion procedures In effect at the t1me'that the tra. is processed. Currently. those regulations and procedur provide ttrar~ currency conversion rate to be used Is I 6 (I) a wholesclte~market'rate .oF'(2) a govemment-mandated rate in effect one day prior to the processing date. increased by one percent In each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion service. The currency conversion rate In effect on the processinl date may differ from the rate in effect on the transaction date or the postlne date. ' Billing Cycle Your billinl cycle ends each month on a Closing Date determined by us. Each blll,lnl cycle begins on the day after .. the Closlnl Date of the preVIous billil\i cycle. Each statement reRects a slnlle bllllne cycle. Account Fees and Cftarges Account Fees: The followina fees. which are set forth in your Required Federal Disclosures or Initial Disdosure. are charpd as Purchases In the billina cycle In which the fees accrue: ( I ) 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: 12) an Overllmlt Fee If your New Balance Total exceeds your credit limit on the last day of a billina cycle. even If fees or finance charges charled by us cause your New Baa-nee Total to exceed your credit limit: an Overlimlt Fee I. ' charaed to your account as of the day In the blllllll cycle that the total outstanding balance on your account exceeds your credit limit: (3) a Returned Payment Fee If a payment on your account Is retumed for Insufficient funds or for any other reason. even If it Is paid upon subsequent presentment: 14)' Returned C~sh Advance Check Fee If we retum.an access check unpaid for any reason. even If the access check Is paid upon subsequent presentment: ' 15) a Copy Fee for each copy of a monthly statement or sales draft. except that the six most recent monthly statements a{1d six sales drafts will be provided for free: and (6) an Annual Fee If your account Is open br If you maintain an account balance. whether you have active charaina prlYi- Iqes or not, Abandonecl-p."pc.lf Charla: Unless prohlbltcc! trl applicable law. we will charge your account. as a Purchase. for any costs Incurred by us associated with complyll\i with ate ..h"ntinn..n_ruo~rtv laws. Please review your Required Federal Disciosures or Inlt.8. Disclosure lor additional fees and charaes that may apply to your account, Benefffl We may offer you certain benefits and services with your account. Unless expressly made a pan of this Aareement. .ny such benefits or services are not a pan of this Aareement but are subject to the terms and restrictions outlined In the benefits brochure and other offldal documents provided to you from time to time by or on behalf of MBNA Amerla. We !MY adjust. add. or delete benefits and services at any time and without notice to you. Refusal to Honor Your Account We are not liable for any refusal to honor your account. 11'115 can Include a refusal to honor your card or account number or any check written on your account. We are not liable for , any retention of your ard by us. any other bank. or any provider of loads or services. . ' . ...... 7 . : 'So JIo ,. We May Suspend or Close Your Account We may suspend or dose your aexount or otherwise tennina' your neht to use your account. We may do this at any time and for any reason. Your oblilatlons under this Agreement Continue even after we have done this. You must destroy all cards. 8CXleS checks. and other crecllt devices on the aexount when we Jeque! that you de lEI. You May close Your Account You may dose your account by notlfylne.us In writlnc or t telephone and destroyllll all cards. access checks. and other credit devices on the account. Your obligations under this Aareement continue even after you have done this. Transactions After Your Account Is Closed When your account Is closed. you must contact anyone authorlud to chafie transactions to your aa:ount, such as Internet ~ providers. health dubs. or Insurance CDmpanle These transactions may continue to be challed to your . account until you chanie the blUlne. Also. If we belifte you have authorized a transaction or Ire attemptlnc to use your account after you have requested to dose the account. we may allow the transaction to be charted to your account. We May Amend Tlifs Agreernerat We may amend this Aareement at any time. We may amend It by addlna. deletlne. or chanelnC provisions of this Aareement, When we amend this Agreement, we will cDmpl) with the applicable notice requlrementi of federal and Delaware law that are In effect at that time. If an amendmen alves you the opponunltY to reject the chanee. and If you reject the chanle'ln the manner provided In such amend- ment, we may terminate your rlaht to receive credit and may ask you to return all c~lt devices as a condition of your refection. The amended Aareement (Inc1udlna Iny hlther-ral or other hiiher charaes or fees) will apply to the total out- standlna balance. Includlne the baa-nce exlstllll before tIM amendment beame effective. We may replace your card wit another ard at any time. We May Sell Your Accourat We may at any time. and wltho\lt.nQt\1a to you. ..n. 111111 or transfer your account. any sums due Oft your ICICOUnt. thl. Aareement. or our r1lhts or obilillions under your account c this Agreement to any person or entity. The person or entity [0 Wtre\1I WIIC nlil~C ClII7 :'UUI "I'lli;, a;ll"I.""'~ln v, ",...A.I ...~ be entitled to all of our r1ihts and/or oblllltlons under this Aareement to the extent sold. assl&ned or trlnsfened. Your Credit Limit Your credit limit Is dlsclQSecl to you when you receive your card and. lenerally. on each monthly atement. We may chanee your credit limit from time to time. The amount shown on your monthly stat;ment .. C.h or Credit Available does not take Into account Iny Purch.... Cash Advances. finance charaes. fees. Iny other tranuc:tlons. or credits that post to your account after the Closlna Date of that monthly statement, Such transactions could result In your credit limit belnl exceeded and result In the assessmen of Overllmlt Fees. Wftat We Mall Do If You Attempt to Exceed Your Credit Llrnlt The total outstandlna balance on your aa:ount plus authoriza- tions at any time mqSt, not be more"tban your credit limit. If YOl I ~ '.)0. .... atteinpt a trilrisactlon ,that raUlts In your total outstandl"l bel- ance Iplus authorizations) exceedlne your credit limit. we may ( I ) permit the transaction without raisl"l your credit limit: (2) 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 transadlon. we may advise the pelSon who attempted the transadion that It has been refused. 'If we refuse to 'pennlt a Check l:ash AdVanCe or Balance Transfer. we may do so by advising the person presentl"l the Check Cash Advance or Balance Transfer that credit has been refused. that there are insuffident funds to pay the Check Cash Advance or Balance Transfer. or In any other manner. If we have previously permitted you to exceed your credit limit. It does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit. we may charle an Overlimlt Fee as provided In this Aereement. Unautliorlud Use of Your Card Please notify us Immediately 01 the loss. theft. or possible unauthorized use of your account at 1-800-789-6701. YO., Must Notify Us Wlien You Cliange Your Addres. . We strive to keep accurate records for your benefit and ours. The post office and others may notify us of e chanp to your address. When you chanp your address. you must notify us promptly of your new address. . . Wliat Law Applies This Agreement' Is made in Delaware. and we extend credit to you from Delaware, This Aereement Is lovemed by the laws of the State of Delaware (without regard to Its conflict of laws principles I and,by any applicable federal laws. The Provisions of This Agreement Are Severa61e If any provision of this Agreement Is found to be invalid. the remaining provisions will continue to be eRective. Our Hfglits Lontlnue OUr {allure or delay m aerdsing any of our lights under this ~eement does not mean tb.t we are unable to exercise tnost'ftlllUli IlIlCI. Ar61tratlon and Litigation This Arbitration and Lltleation provision applies to YOU. unless you were given the opportunity to reject the Arbitration and Utleatlon provisiOns and you did so reject them. In the manner and tlmeframe required. If you did reject effectively such a provision. you agreed that any IItlgatlQll broUfht by you agelnst us regardlnl this account or this Aereement shall be brolliht In a court located In the State of DelaWllre. Ally claim or dispute ("Claim.) by either you or us 841ainst the other. or against the employees. &lents. or assigns of the other. arising from or relatl/)i In any way to this Aereement or any prior Aereement or your ~ccount (whether under a statute. In contract. tort. or otherwise and whether for money damages. penalties. or declaratory or equitable relief). Indudlne Clal!flS rqardlna the applicability of this Arbftratlon and ' Lltijatlon section or the valldlty of the entire Aereement or any prior Agreement. shall be resolved by.blndlne arbitration. The albltratlon ~~I,be conducted by the Natlon8l Arbitmtion 9 Forum rNAF"f;"under the c68e of Procedure In effect at the time the Claim Is filed, Rules and forms ell the National Arbitration Forom may be obtained and Claims may be filed at any National Arbitration Forom office. www.aJb.torum.cnm. or P.O. Bat 50191. Minneapolis. Minnesota 55405. telephone 1-800-474-2371. If the NAF Is unable or unwllllne to act as'arbltRltOl: we m8Y substitute another nationally recoenlzed. Independ~nt arbi. tratlon. organization that uses a similar code of procedure. At your written .request. we wl/J advanc:un): arbitration filfnc fee. or administrative and heari", fees that you are required to pay to pursue a Claim In arbltratiaft. The arbitrator will decide who will be ultimately responsible for paylnl theM fees. In no event will you be required to relmbulR us for any arbitration mine. administrative. or heartne fees in an amount greater than what your court costs would have been if the Claim had been resolved In a state CDUI't with lurisdlction. Any arbitration hearing at which you appear will take place within the federalludldal dlstrlc:t that Includes your bllllftl address at the time the Claim Is fllecl. this arbitration ...... ment Is made pursuant to a transaction Involvinc Interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.s.C. It 1.16 ("FM.). ludiment upon any arbitration aw~rd may be entered In any court havinajurisdlctiGft. The arbitrator shall follow exlstll)l substantive law to the extent c:otlsistent with the FAA ami' applicable statutes of limitations and shall honor any,c1alms or privlleae recognized by J.w. If . any party requests. the arbitrator shell write 8n opinion con. tainlng the reasons for the award, . No Claim submitted to arbltratlollls heard by a Jury, and no Claim may be brought as a class action or u a private attorney general. You do not heve the right to act u a class representative or partldpate as a member of a cia.. of claimants with respect to any Claim, this Arbitration and Litigation section applies to all Claims now In existence or that mey arise in the future. This Arbitration and UtlCatlon section shall survive the tennlnatlon of your account with us as well as any voluntary payment of the debt In full by YOU..ny benkruptcy by you; or sale of the debt by us. For the purposes of this Arbitration and Utl,atlem'sectIon -we" and "us" means MBNA America Bank. NA. Its parent. . subsidiaries. affiliates. licensees. predecessors. SUc:c:eAOl'S. ..~isll.....1\} ~urdoaler of )our c.;:wunt. and all of their cRku directors. employees. aaents. and assigns or any end aU CJf -. them. Additionally. .we. or .us. shell lllean any thlld paIlJ {?rovIdlnR t;N;,neflts services or.prcducts In connection with the accoun\ llncluMnc Dut ~ornrllllea"touo:alt DUIO:II_. 111_,. chants that accept any credit device Issued under the ac:c:ount. rewards or enrollment services. credit Insurance companies. debt collectors. and ell of their officers directors employees and agents) If. and onty If. such a third p.rty Is . named by you a. a codefendant In any Clllm you URIt aaalnst us. ' , If any part of this Arbitration end Utlgatioa.~ion Is found to be Invalid or unenforceable under any law or statute consistent with the FAA. the remainder of this Arbitration and Llti,ation section shall be enforceable without reprd to such Invalidity or unenforc:eablllty. ' THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT. EXCEPT /'oS PROVIDED ABOVE. CLAIMS CANNOT BE LmGATED IN COURT. INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE II IURY. AS CLASS ACTIONS. OR 'AS PRIVATE A1TORNEY GENERAL ACTIONS. . .....of 10 . CREDIT iN'SURANeE BENEFITS, LIMITATIONS, COSTS & EXCLUSIONS CONSUMER PROTECTION DISCLOSURES CREDIT INSURANCE IS: NOT A DEPOSIT: NOT FDIC- INSURED; NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY: AND NOT GUARANTEED BY THE BANIC. PURCHASE-oF CREDIT'INSURANCE IS.NOT-A.CONDITION OF OBTAINING CREDIT. IF COVERAGE IS DESIRED. rr MAY BE PURCHASED ELSEWHERE. tredlt Insurance pays your minimum monthly payment. up to your balance on the date 01 loss (not to exceed 525.000. except dlsablltty In MN). until you return to work" if you are involuntarily unemployed. ~ disabled. or If you or your spouse takes covered family leave, Credit Insurance also pays your Insured outstandlJll balance up to the least of your outstandlnc balance. your credit limit (not AL. n. AR. DE. DC.IO.IL.IA. LA. MD. MN, MS. NY. NO. OH. OK. RI. SO. vr. WA. WV " WY). or 525.000 If yeu cIIe. EllalbllltY: One insured per account (Insured must be the primary cardholder or a co-applicant, authori2.ecl users are not eligible). under ace 66 (70 In n. NY &. VA; 71 In FL. GA. MI. MO &. OK: 72 in NM), Your coverate ends at these same aaes (except family leave In n. FL &. SO &. unemployment). When enrolled. certificates will be mailed explalniJll your coveraee &. effective 9te, In MN, unemployment coverage Is effective 61 days from your certificate effective c1ate. For unemployment or family leave benefits. you must be gainfully employed worldJll at least 30 hrslWk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss (CO - before appli?tion date). (M - on the date of loss). (TX - before coveraee effective date for unemployment). Employees of professional corporations may be ellilble. Cover.a.es &- Benefit-. Credit Insurance covers: your death: involuntary unemployment due to job loss. general strike. unionized labor dispute. or lockout; total disability due , to sickness or injury If you are unable to perform the maten.1 ; . &. substantial duties of your job lor Iny lob after 12 mos. In ; PA: 18 mos. In AL. n. AR. CA. DE. DC. G.... HI. 10. IL. lA. ICS. , LA. MD. MN. M5. NV, NI. N1\ 0.... olC. RI. "D. TN vr. WA WV WI "WY1: your or your spouse's unpaid leave of a~ from employment due to care d)'lOUl' newborn or newly adoJlted child or an incapacltated immediate family member (must be SIJOuac. UIIIU. al.~"""'It\.}\,. ...._.....'" AI J\t{.. .._....__, ",..-11I_ active military duty; jury duty (except In AKl: or residence In a federally declared disaster area, Loss (not death) must continue at least 30 days before benefits beeln. In NY. for strikes. unionized labor disputes &. lockouts. you must be unemployed for 7 consecutive weelcs &. qualify for state unem- ployment benefits before benefits beeln. A dally benefit Is paid for each day of loss over 30 clays for unemployment In NY " PA. and disability In CA. CT. GA. NY. MI. PA. RI " sc. You lI:1ay cancel this coverqe at any time. (f caJtceled within the first 30 days of coverap. all premiums will be refunded. Excluslo_ Ufe: suldde fn the first 6 months of coveraae (not MO "MO), Involuntary Unemployment: retirement. resignation. voluntary forfeiture of Income or job loss due to willful or criminal misconduct. disability. strikes In IL. military dlscharee In NY &. normal seasonal unemployment In TX. Disability: normal prqnancy or childbirth (not CA. MA &. NVI intentionally self-inflicted Injuries (not MO). or a ~Istlnc . medical condition durlJll first 6 months of coveraee (not Nil. Family leave benefits are not paid If you Ire ell,lbIe for or recelvinc unemployment benefits or are dlsa~. . ...... - II .."".JI. ~ "'- TIlls Is orily-a brief description of coverage. Ind cove vary by state. Please refer to your certificates lor I full rateS explanation of cove..... Com Der SIOO Der Month of Averaae Dalh &alar-- Costs apply to Ufe (LI. Disability (D). Unemployment (U) IF Family Lave IF): AL '''.k: AK 7k: n 99.9c: AI. 99c: CA 89.9c: CO 50.66(: cr 42.8ge: DE 99.9(: DC 99.k: FL ate: GA ~.:Ic; HI 89.9Ic: ID 99.5C tL Uc. D 16.9c. U 54(. F 2Oc'l: IL &1.97c: IN 96c: IA 97.Be IL 7.2e. D 16.6c~ ""54(. F 2Oc): I(S' 85."7c: KY 97...e: LA 99.93c: ME '3.05c: NO 79.74(: MA ",7(: MI 85.7e: MN ] 1...7e: MS 92.5C: MO 6-l.Ie: NT 93.ge: .. 95.1e: NV 9U7c: NH 95c: NI97c: NM 5I.te: NY 52.S<: (L 1.1c. o 26,k. U 16.k): NC 71.3c: NO 'M.91e: OH 99.k: OK 97,"7c: OR lO,k: PA 31.1e: PR 99c; R/ 99,k: $C 7Ue:'SD 99.k: TN 92.5c: TX 3J.7c IL ".k. D /2.9c. U 16c}: UT 90.44(: VI' 34.92c (L6.6Ic.O 12.24(. F 16C):VA MC (LUe. DS.te. U .te. F . 2OcI: WA 89.39c: WV 99,5C: WI 93.6c (L ',7(. D I.k. U 59.:. F 2Oc): WY 99.7c. AvailabilItY: Involuntary Unemployment Is not available In MA or vr. Family Leave Is not available In AI.. CT. MA. MD. MN. NM. NY. PA. er TX. ~rwrltllU! ComoanleslPoRc:w: Involuntary Unemployment: American SecuritylLOl(5III'). LOt HY(3I93). AS LOI TX( 11199). LOIC-IP-1CS(2I96}. l.C'IC-IP-<:RS-ME(5II', and LOIC-IP: Standard GuarantylSCi LOI (5115) INH only). Life &. DlsablUty: Union Security UfefL-I-t, ~ hi AL. AZ. AR. DE. DC. 10. IL. IA. ICS. LA. MD. MN. MS. NV. NO. OH. OK. RI. SO. vr. WA. WV " WY: Standard Guaranty Life IT)( only)l L-I-Z(8I92)(3,53RA). f1rst Fortis Ufe (NY Ufe only)INYLMOOI3. American Security (NY Disability only)/WoS-A. FOItis Insurance (ME o~ly)IU-X-A. Family Leave: American SecurltylFLP (~7). FLP-FL02l971 In FL. Fl.P-NC (3198) In HC. FLP-oK(<V971In OK. FLP-VA(2198) In VA. FL-lptAZ)(7J98) In n. FL-IP(4J97) In IL" IN. FL-IP-KS (12197) In ICS. FL-IP-ME l...w) In ME: FL-IP-WY(4J97) In WY: Standard Guaranty/FUI (4197) In NH: Union Security UfeIFLP-vr(.u971In vr. Sollcltl"l agents for Mississippi and F1or1d1i are Charles M. Gordon and Pamela Curtis respectively. The creclltor may receive compensation In connection with this offer. It Is a crime to provide false or mlsleadlnclnformatton to an insurer lor the purpose of defraudlJll the Insurer or any other person, Penalties Include Imprisonment and/or fines. In adaitIoIt. an Insurer may deny Insurance benefits If false InfonMtIClft ,...,:AI. .11..... tl' '-' --- r......-.... ~.~- ....a.-... -Less past due and over aedlt limit amounts. In MI. cover. age pays 5.. of the balance on your date of dlsablllty up to 51250. In OR. cove....e pays the ,reeter of 1/36th of the bal- ance or the current minimum payment due on your ct.te of loss. In NY &. PA. coverqe pays the minimum payment due on your date of loss. In TX. cove....e pays the areater of a'O! your Insured outstandlnc balance on your date of unemploy- ment or your minimum monthly payment. .. -""e number of monthly beneflt payments will not exa:ed 9 for family Ieeve: 12 for unemployment In AI.. AK. CT. IL, MI. MN MO. NM. NC. NY. PA. SC "TX: 12 for disability In AK. CO. CT. FL. ICY. MA. MO, MT. HE. NH. HM. He. OR. sc. l1l''' VA. NY. NI & TX Residents 0nlJ: To purchase COYefBleS separateh write to Assurant Group. P. O. Box 503". Atlanta. CiA 30J02. . Applications wll1 be sent to you. . ..-" 12 39351 EXHIBIT "B" III NATIONAL ARBITRATION FORUM. MBNA America Bank, N.A c/o Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 702 King Farm Blvd, Two Irvington Centre RockvilIe, MD 20850-5775 CLAlMANT(s), AWARD RE: MBNA America Bank, N.A. v Ann E Hay File Number: FA040S000272444 Claimant File Nnmber: 4264296282008058 Ann E Hay 420 Wildwood Rd CARLISLE, PA 170137730 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: 1, That no known conflict of interest exists. 2. That on or before 05/13/2004 the Parties entered into an agreement providing that this matt~. shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the Respondent has filed a response with the Forum and served it on the Claimant. 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 A ward as stated.. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $8,087.08. ~~'fO-,~ Honorable Richard B. Wickersham Arbitrator ACKNOWLEDGEMENT AND Cf.RTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that a: copy of this Award was sent by first class mail postage prepaid to the parties at the above referenced addresses on thi$ date. Entered in the State of Pcmlsylvania Date: 09/01/2004 ~~\,~-~,Z \~-- Honorable Harold Kalina~ Ret. Director of Arbitration 09/0112004 ' --b ~ ~(\J -- ~ v- , ....j "'\ W j ~ lJ, ~ ~ Q -(' '- ("') ~ -c ."'" n,'GJ ~~1 <oJ" -...... -,"" ~() ~ z<,:) ;;.~ 9 '-- "7 ~ l"o.:I c::::J c::::o ..r:- Z o -< N W o ." ...... f[,:n r- ""Om :00 Q6 ::r.:=R ~o "'::-rn o -... ~ -0 ::r= .r::- .. .&:'" SHERIFF'S RETURN - REGULAR CASE NO: 2004-05901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS HAY ANN E VALERIE WEARY / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAY ANN E the DEFENDANT / at 1950:00 HOURS, on the 20th day of December / 2004 at 420 WILDWOOD ROAD CARLISLE, PA 17013 by handing to ELWOOD HAY, SPOUSE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5,92 .00 10,00 .00 33.92 ," /~ ,f'~ R. Thomas Kline 12/21/2004 WOLPOFF & ABRAMSON Sworn and Subscribed to before By: IlL. ~/ Deputy Sheriff :.:;;.- me this ~ day of /\ I ..J '-r~"--'f ::2 l'V .) A . D . V . (1. -~ Q Ifrll)~ll . 1\ ~ ffrothonotary J 171 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. 045901 Plaintiff vs. ANN E HAY 420 WILDWOOD RD CARKISE PA 17013 Defendant (s) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED, I Respectfully submitted, By: "" ~ "7062 I Philip C. Warholic #86341 / David R. Galloway #87326 / Ronald M, Abramson #94266 / Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, L.L,P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trind1e Road, 3rd Floor, Camp Hill, PA 17011 (717) 303-6700 Daniel F. Wolfson Andrew C. Spears Tonilyn M. Chippie Ronald S. Canter 1120617 1187737 1187852 1194000 cc: PAPR4/PA176A W&A FILE NO, 120490215 C'} r.' r"oJ