HomeMy WebLinkAbout05-02071`i 7 7 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO. Qs _ ?7 (21CAL.
?
655 PAPER MILL ROAD ( 1
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
VS.
ANDREA L JACKSON
508 FIRST ST
CARLISLE PA 17013-1803
Defendant(s)
NOTICE
CIVIL ACTION - LAW
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 o en persona o por abogado y archivar en la corte en forma escrita sus
defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que
si used no se defienda, la corte tomara medidas y psedido entrar una orden contra
used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Used puede perder dinero o sus propledades o otros
derechos importantes 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 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSITANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle PA 17013
800-990-9108
CVRNOT/PACCP W&A FILE NO. 109217497
11477 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
VS. CIVIL ACTION - LAW
ANDREA L JACKSON
508 FIRST ST .
CARLISLE PA 17013-1803
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, ANDREA L JACKSON is an adult individual with
a last known address of
508 FIRST ST
CARLISLE PA 17013-1803
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/PACCP W&A FILE NO. 109217497
14999
5. Plaintiff provided Defendant(s) with copies of the Statements of Account
showing all debits and credits for transactions on the aforementioned credit card
account to which there was no bona fide objection by Defendant(s).
6. Pursuant to the Agreement concerning this account, the parties agreed
that this matter be referred to Arbitration in the event of any claim and/or dispute
if the account is referred for collection. See Exhibit "A" as previously identified
and incorporated herein.
7. This matter was referred to Arbitration for determination and disposition,
whereby an Arbitration Award was entered against the Defendant(s) and in favor of
the Plaintiff for the outstanding balance due. A true and correct copy of the
Arbitration Award is attached hereto, incorporated herein and marked as Exhibit "B".
8. As of the date of this Complaint, the remaining balance due, owing and
unpaid on Defendant's credit card account, as a result of charges made by said
Defendant(s) and/or any authorized users is the sum of $ 5327.93
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),
ANDREA L JACKSON , in the amount of $ 5327.93 plus costs of this
action and such other relief as the Court deems proper and just.
Respectfully submitted,
&t--JJ14?
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. 109217497
15003
ATTORNEY VERIFICATION
I hereby state that I am the attorney for the Plaintiff, who is located
outside of this jurisdiction and in order to file the within document in an
expedient and timely manner, am authorized to take this verification on behalf of
said Plaintiff in this action and verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information, and
belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
Date:
Amy F. Doyle #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
PAVERF/PACCP W&A FILE NO. 109217497
14995
EXHIBIT "A"
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Credif.Card Agreement.
Additional `terms and Conditions
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¦' i" 11'r 1 ?I V ll.....3.•.....?-yi? w i7r). -
¦.. - Accuracy of `infornriat'soR`Fiamistaed to«'
Credit Reporting Age'66 s.•-.:_:. :.* .......... 4-
¦ How to Use Your Account ...... .................. 4
¦ Payments on Your Account ......................5
¦ We May Amend This Agreement .............8
¦..-What.Law'Applies.
¦ Arbitration and Litigation ................:.:.....9
f N EXT O
Your Contract With Us
Your Credit Card Agreement with us consists of these
Adlitional Terms and Conditions and the document called
thq Required Federal Disclosures or the initial Disclosure.
Yoo•agree to the terms and conditions of this Agreement.
Fo[the purpose of the Privacy Notice, we will use the definition;
coqtained in the third paragraph of the Privacy Notice. For
therremainder of the Agreement, we will use the definitions
described under the section heading Words Used Often in
This.Agrennent.
Privacy Notice
Your privacy is important to us: At MBNA, we are
committed to providing you with the finest financial
products and services backed by consistently top-qualit:
service. And while information about you is fundamental
to our ability to do this, we fully recognize the importano
of keeping personal and account information secure.
To offer you the widest range of products and services,
MBNA may share information about you both within
MBNA and outside of MBNA with other companies.
This allows us to offer you products and services that
may interest you and best meet your needs, whether
they are available directly from MBNA or through our
relationships with other companies. We want you to
understand our information safeguards, what information
we collect, what information we share, and the benefits
you receive when we share information about you.
This notice describes the privacy practices of MBNA
Corporation and all MBNA affiliates, including MBNA
America Bank, N.A.. MBNA America (Delaware), N.A.,
Palladian Travel Services, Inc., MBNA Hallmark
information Services. Inc., MBNA Marketing Systems,
Inc., and MBNA Insurance Agency, inc. (collectively.
"MBNA"), for financial products and services governed
by the laws of the United States of America. This
notice explains MBNAs information collection and
sharing practices and lets you choose whether or not
MBNA may share certain information about you, either
within MBNA or outside of MBNA with other companies
Our Security Procedures- MBNA understands the
importance of protecting and securing information
and using it appropriately. Access to information
about you is restricted to the people of MBNA who
require it to provide products or services to you. We
maintain physical, electronic, and procedural safeguard:
that comply with federal standards for the security
of information.
When MBNA shares information about you with
companies outside of MBNA, we require them to
impose safeguards, use it only for a permitted purpose
and to return it to us or destroy it once that purpose is
served. We limit the amount of information shared to
what is appropriate to offer a product or service effi-
ciently. MBNA requires any company receiving infor-
mation from MBNA to sign a Confidentiality Agreemen
containing these requirements and obligating that
company to protect the information as we would.
Information We Collect MBNA collects and uses
nonpublic personal information about you to conduct
our business and to consistently deliver the top-quality
Customer service you expect from us. Sources of this
information include the following:
• Information we receive from you on applications
and other forms or through your correspondence or
communication with us including through the mail,
by telephone, or over the Internet:
• Information we receive from third parties, such as
consumer reporting agencies, to verify statements
you've made to us. or regarding your employment.
credit, or other relationships; and
• Information about your transactions with MBNA and
with other companies outside of MBNA.
Information We Share Within MBNA: We may share
all of the information we collect about you with financial
service companies within MBNA to offer additional
products or services that may interest you and best
meet your needs. We believe this is convenient for you
and may save you both time and money. To do so, we
share identification information (such as name and
address), transaction and experience information (such
as purchases and payments), credit eligibility information
(such as credit reports and applications). and other
information. The decision to purchase any such prod-
ucts or services is yours alone. You may tell us not to
share credit eligibility information about you within
MBNA, but please understand this does not prohibit us
from offering you additional products and services or
from sharing transaction and experience,
identification, and other information within MBNA.
Information We Share With Others: From time to
time, we may allow companies outside of MBNA to offer
you their products and services that may interest you.
These products and services may be offered by financial
service providers (such as banks, loan brokers, account
aggregators, insurance agents, insurance companies,
mortgage bankers. and securities broker-dealers), by
nonfinancial companies (such as retailers, direct mar-
ice
keters, communications companies, Internet serv
providers, manufacturers, service companies, travel
agents, cruise lines, car rental agencies, hotels, airlines,
publishers, and organizations endorsing MBNA financial
products or services), and others (such as nonprofit
organizations). Subject to applicable law, we may share
all the information we collect with these companies out-
side of MBNA. unless you tell us not to.
Additionally, we may share all the information we
collect with companies that perform marketing or other
services on our behalf or to other financial institutions
with which we have joint marketing agreements. We
are also permitted by law to share information about
you with other companies in certain circumstances.
For instance. we may share all of the information we
collect with companies assisting us in servicing your
loan or account, with companies that endorse our
products and Services through affinity agreements.
with government entities in response to subpoenas or
)
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r.
r,.
regulatory requirements, and with consumer reporting
agencies. If you t`II us not to share information with
companies outside of MBNA•that wish to offer you
their products and services, as described above, please
understand that we will continue to share information
in these additional circumstances.
Important Information About Your Choice: We're
dedicated to serving your needs - and to respecting your
choices related to privacy. You may tell us 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 number or Taxpayer
identification number for deposit accounts available
when you call.
MBNA applies opt outs at the account level, not by
individual Customer. When any person listed with others
on an account opts out (for example, a co-applicant, joint
account holder. or authorized user), we will list the entire
account as having opted out. MBNA will continue to
adhere to its disclosed privacy practices for an account
even if it becomes inactive or is closed.
An opt out from information sharing on an account
as described above. either within MBNA and/or with
companies outside of MBNA, remains effective unless
revoked in writing. Federal regulations require us to
provide this notice on an annual basis, whether or not
an account has previously opted out from either type
of information sharing. Please remember when you
receive our subsequent notices that an account previously
opted out from either or both types of information sharing
(and 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 MBNAs privacy practices concerning the
Internet, and to view the most recent version of this
privacy notice, please go to www.mbna.com and click
on "Privacy Notice." You may have other privacy pro-
tections under state laws. We may amend this privacy
notice at any time, and we will inform you of changes
as required by law.
Words Used Often in This Agreement
"Agreement" or "Credit Card Agreement" means these
Additional Terms and Conditions and the Required Federal
Disclosures (or the Initial Disclosure) and any changes we
make to those documents from time to time.
"You" and "your" mean each and all of the persons who are
granted, accept, or use an account we hold. "You- and your"
also mean any other person who has guaranteed payment of
this account, when used in the sections entitled We May Monitor
and Record Telephone Calls and Arbitration and Litigation and when
-us ein h of the sections relating to payment of this account
r
(Your Pronlistm Pay and How We Allocate Your Payments, for example)
"We." "us " "our", and "MBNA America" mean MBNA
America Bank, N.A.
-Card- means all the credit cards we issue to you and to
any other person with authorization to use this account
pursuant to this Agreement.
"Access check" means an access check we provide to you t
make a Check Cash Advance on your account.
If we use a capitalized term in this document but do not
define the term in this document, the term has the meaning
given in the Required Federal Disclosures or the Initial
Disclosure or as used in your monthly statement.
We use section headings (such as Words Used Often in Th
Agreement) to organize this Agreement. The actual terms c
this Agreement are in the sentences that follow and not.
the headings.
Sign Your Card
You should sign your card before you use it.
We May Monitor and Record Telephone Calls 1? wk
You consent to and authorize MBNA America, any of its affih
ates, or its marketing associates to monitor and/or record ar
of your telephone conversations with our representatives or
the representatives of any of those companies.
Credit Reporting Agencies
You authorize MBNA America to collect information about
you. including credit reports from consumer reporting agencie
if you believe we have furnished inaccurate or incomplete
information about you or your account to a credit reporting
agency, write us at: MBNA, Credit Reporting Agencies, P.O.
Box 17054, Wilmington. DE 19884-7054. Please include you
name. address, home phone number, and account number,
and explain what you believe is inaccurate or incomplete.
How to Use Your Account
You may obtain credit in the form of Purchases and Cash
Advances by using your cards, access checks, account num-
ber. or other credit devices. Please refer to your Required
Federal Disclosures or Initial Disclosure to determine what
transactions constitute Purchases and Cash Advances and
how you may obtain them.
Transaction Date for Certain Cash Advance
The transaction date for Check Cash Advances and Balar
Transfers done by check is the date you or the person to
whom the check is made payable first deposits or cashes tf
check. The transaction date for a returned payment (which
will then be classified as a Bank Cash Advance) is the date
that the corresponding payment posted to your account.
Purposes for Using Your Account
You may use your account for personal, family, or househ
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 o
this or any other credit account with us. You may not use o:
permit your account to be used to make any illegal transacti
Persons Using Your Account
If you permit any person to use your card, access chec
account number, or other credit device with the authorizai
to obtain cred;t_gn your account, you may be liable for a a
transactions made by that person, including transactions
for which you may not have intended to be liable, even if
the amount of those transactions causes your credit limit to
be exceeded. Authorized users of this account may have the
same access to information about the account and its users
as the account holders.
How You May Stop Payment on an
Access Check
You may request a stop payment on an access check by
providing us with the access check number, dollar amount, and
payee exactly as they appear on the access check. Oral and
written stop payment requests on an access check are effective
for six months Irom 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 presentment or return it unpaid to the person
who presented it to us for payment, without, in either case,
waiting for the date shown on the access check. We are not
liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
Your Promise to Pay
You promise to pay us the amounts of ail credit you
obtain, which includes all Purchases and Cash Advances.
You also promise to pay us all the amounts of finance
charges. fees. and any other transactions we charge against
youraccount
Payments on Your Account
You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by your
Payment Due Date. You may pay the entire amount you owe
us at any time. Payments made in any billing cycle that are
greater than the Total Minimum Payment Due will not affect
your obligation to make the next Total Minimum Payment
Due. If you overpay or if there is a credit balance on your
account, we will not pay interest on such amounts. We will
reject payments that are not drawn in U.S. dollars and those
drawn on financial institutions located outside the United
States. Payment of your Total Minimum Payment Due may
not avoid the assessment of Overlimit Fees.
When Your Payment Will Be Credited
to Your Account
We credit payments as of the date received. if the payment
is (1) received by 2 p.m. (Eastern Time); (2) received at the
address shown in the upper left-hand corner of the front of
your monthly statement; (3) paid with a check drawn in U.S.
dollars on a U.S. financial institution or a U.S. dollar money
order; and 14) sent in the return envelope with-only the top
portion of your statement accompanying it. Payments
received after 2 p.m. on any day, including the Payment Due
Date, but that otherwise meet the above requirements, will be
credited as of the next day. Credit for any other payments
may be delayed up to five days.
How We Allocate Your Payments
We will allocate your payments in the manner we determine.
In most instances. we will allocate your payments to balances
!including new transactions) with lower APRs before balances
with higher APRs. This will result in new balances with lower
APRs such asthose.rrrith-prrt.,otiomi-APR off ) being-paid
before any other existing 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 refuse
to release from liability any person who is responsible to pay
any total outstanding balance, until all of the cards, access
checks, and other credit devices outstanding under the
account have been returned to us and any such person 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: (1) you fail to
make any required Total Minimum Payment Due by its Payment
Due Date: (2) your total outstanding balance exceeds your credit
limit: or (3) you fail to abide by any other tens of this
Agreement. Solely for the purposes of determining eligibility
and premium payment obligations for the optional credit
insurance purchased through MBNA, you will be deemed in
default or delinquent if you fail to make a payment within 90
days of your Payment Due Date. Our failure to exercise any c
our rights when you default does not mean that we are
unable to exercise those rights upon -later default.
When We May Require Immediate Paymen
If you are in default, we can require immediate payment
of your total outstanding balance and, unless prohibited b;
applicable law and except as otherwise provided under the
Arbitration and Litigation section of this Agreement, we can
also require you to pay the costs we incur in any collection
proceeding, as well as reasonable attorneys' fees if we refe
your account for collection to an attorney who is not our
salaried employee.
Other Payment Terms
We can accept late payments, partial payments. or pay-
ments with any restrictive writing without losing any of our
rights under this Agreement. This means that no payment.
including those marked with "Paid in full" or with any other
restrictive words, shall operate as an accord and satisfactic
without the prior written approval of one of our senior offic
You may not use a postdated check to make a payment. if
you do postdate a payment check, we may elect to honor i
upon presentment or return it uncredited to the person wt
presented it, without, in either case. waiting for the date
shown on the check. we are not liable to you for any loss or
expense incurred by you arising out of the action we elect to t
Payment Holidays
We may allow you, from time to time, to omit a month
payment. We will notify you when this option is available
you omit a payment. finance charges and any applicable
will accrue on your account in accordance with this
Agreement. You must resume making your Total Minimu
Payment Due each month following a payment holiday.
Transactions Made in Foreign Curren
if you make a transaction in a foreign currency, the trans.
will be converted by visa international or MasterCard
international, depending on which card you use, into a t
dollar amount in accordance with the operating regulatio
conversion procedures in effect at the time that the trans
is processed. Currently, those regulations and procedur
- - prdOdetharthetinTencycrm ersionrote-w-beused-is
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(1) a wholesale market rate of (2) a government-mandated
rate in effect one day prior to the processing date, increased
by one percent in each case. visa or MasterCard retains this
one percent as compensation for performing the currency
conversion service. The currency conversion rate in effect on
the processing date may differ from the rate in effect on the
transaction date or the posting date.
Billing Cycle
Your billing cycle ends each month on a Closing Date
determined by us. Each billing cycle begins on the day after
the Closing Date of the previous billing cycle. Each statement
reflects a single billing cycle.
Account Fees and Charges
Account Fees: The following fees, which are set forth in your
Required Federal Disclosures or Initial Disclosure, are charged
as Purchases in the billing cycle in which the fees accrue:
11) a Late Fee if the Total Minimum Payment Due shown on
your monthly statement is not received by us on or before its
Payment Due Date:
(2) an Overlimit Fee if your New Balance Total exceeds your
credit limit on the last day of a billing cycle, even if fees or
finance charges charged by us cause your New Balance
Total to exceed your credit limit; an Overlimit Fee is
charged to your account as of the day in the billing 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
returned for insufficient funds or for any other reason, even if
it is paid upon subsequent presentment:
(a) a Returned Cpsh Advance Check Fee if we return an access
check unpaid for any reason, even if the access check is paid
upon subsequent presentment;
(5) a Copy Fee for each copy of a monthly statement or sales
draft, except that the six most recent monthly statements and
six sales drafts will be provided for free; and
(6) an Annual Fee if your account is open or if you maintain
an account balance, whether you have active charging privi-
leges or not
Abandoned-Property Charges: Unless prohibited by
applicable law, we will charge your account, as a Purchase. for
any costs incurred by us associated with complying with state
abandoned-property laws.
Please review your Required Federal Disclosures or Initial
Disclosure for additional fees and charges that may apply to
your account.
Benefits
we may offer you certain benefits and services with your
account. Unless expressly made a part of this Agreement, any
such benefits or services are not a pan of this Agreement but
are subject to the terms and restrictions outlined in the benefits
brochure and other official documents provided to you from
time to time by or on behalf of MBNA America. We may
adjust, add, or delete benefits and services at any time and
without notice to you.
Refusal to Honor Your Account
we are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account number
or any check written on your account. We are not liable for
any retention of your card by us, any other bank, or any
provider of goods or services.
We May Suspend or Close Your Account
We may suspend or close your account or otherwise termina
your right to use your account. We may do this at any time anc
for any reason. Your obligations under this Agreement continut
even after we have done this. You must destroy all cards, acces
checks. and other credit devices on the account when we reque:
that you do so
You May Close Your Account
You may close your account by notifying us in writing or t
telephone and destroying all cards. access checks, and othe-
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
Transactions After Your Account Is Closes
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
Internet service providers, health clubs, or insurance companies
These transactions may continue to be charged to your
account until you change the billing. Also, if we believe you
have authorized a transaction or are attempting to use your
account after you have requested to close the account, we
may allow the transaction to be charged to your account.
We May Amend This Agreement
We may amend this Agreement at anytime. We may
amend it by adding, deleting. or changing provisions of this
Agreement. When we amend this Agreement, we will compl,
with the applicable notice requirements of federal and
Delaware law that are in effect at that time. If an amencimen
gives you the opportunity to reject the change, and if you
reject the change in the manner provided in such amend-
ment. we may terminate your right to receive credit and may
ask you to return all credit devices as a condition of your
rejection The amended Agreement (including any higher-rat
or other higher charges or fees) will apply to the total out-
standing balance, including the balance existing before the
amendment became effective. We may replace your card wit
another card at any time
We May Sell Your Account
We may at any time. and without notice to you, sell, assigi
or transfer your account, any sums due on your account, this
Agreement, or our rights or obligations under your account c
this Agreement to any person or entity. The person or entity
to whom we make any such sale, assignment or transfer shal
be entitled to all of our rights and/or obligations under this
Agreement to the extent sold, assigned or transferred.
Your Credit Limit
Your credit limit is disclosed to you when you receive your
card and, generally, on each monthly statement. We may
change your credit limit from time to time. .
The amount shown on your monthly statement as Cash or
Credit Available does not take into account any Purchases.
Cash Advances, finance charges, fees, any other transactions.
or credits that post to your account after the Closing Date of
that monthly statement. Such transactions could result in
your credit limit being exceeded and result in the assessmen
of Overlimit Fees
What We May Do if You Attempt to
Exceed Your Credit Limit
The total outstanding balance on your account plus authoriza-
__ tionb.at-any.ua?e-cntrsi..rxot.be.-moteahaayour•credit )irAit,-alf..3ros ._
attempt a transaction that results in your total outstanding bal-
ance (plus authorizations) exceeding your credit limit, we may
(1) permit the transaction without raising your credit limit; (2)
permit the transaction and treat the amount of the transaction
that is more than the credit limit as immediately due; 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 permitted you to exceed your credit
limit, it does not mean that we will permit you to exceed your
credit limit again. if we decide to permit you to exceed your
credit limit, we may charge an Overlimit Fee as provided in
this Agreement.
Unauthorized Use of Your Card
Please notify us immediately of the loss, theft, or possible
unauthorized use of your account at I-800-789-6701.
You Must Notify Us When You Change
Your Address
We strive to keep accurate records for your benefit and
ours. The post office and others may notify us of a change to
your address. When you change your address, you must notify
us promptly of your new address.
What Law Applies
This Agreemenr is made in Delaware, and we extend credit
to you from Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict of
laws principles) and by any applicable federal laws.
The Provisions of This Agreement Are
Severable
If any provision of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
Our Rights Continue
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to exercise
those rights later.
Arbitration and Litigation
This Arbitration and Litigation provision applies to you.
unless you were given the opportunity to reject the Arbitration
and Litigation provisions and you did so reject them, in the
manner and 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 ("Claim') by either you or us against
the other, or against the employees. agents, or assigns of the
other, arising from or relating in any way to this Agreement or
any prior Agreement or your account (whether under a
statute, in contract, ton, or otherwise and whether for money
damages, penalties, or declaratory or equitable relief), including
Claims regarding the applicability of this Arbitration and
Litigation section or the validity of the entire Agreement or
any prior Agreement, shall be resolved by binding arbitration.
Forum ("NAF'. under the C6de of Procedure in effect at the time
the Claim is filed. Rules and forms of the National Arbitration
Forum may be obtained and Claims may be filed at any National
Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191.
Minneapolis. Minnesota 55405, telephone 1-800-474-2371.
If the NAF is unable or unwilling to act as arbitrator, we may
substitute another nationally recognized, independent arbi-
tration organization that uses a similar code of procedure.
At your written request, we will advance.any arbitration filing
fee. or administrative and hearing fees that you are required
to pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those
fees. In no event will you be required to reimburse us for any
arbitration filing, administrative, or hearing fees in an amount
greater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place
within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration agree-
ment is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration
Act, 9 U.S.C. §§ 1-16 ("FAA'). judgment upon any arbitration
award may be entered in any court having jurisdiction. The
arbitrator shall follow existing substantive law to the extent
consistent with the FAA and applicable statutes of limitations
and shall honor any claims or privilege recognized by law. If
any party requests, the arbitrator shall write an opinion con-
taining the reasons for the award.
No Claim submitted to arbitration is heard by a jury, and
no Claim may be brought as a class action or as a private
attorney general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim. This Arbitration and
Litigation section applies to all Claims now in existence or
that may arise in the future.
This Arbitration and Litigation section shall survive the
termination of your account with us as well as any voluntary
payment of the debt in full by you, any bankruptcy by you, or
sale of the debt by us.
For the purposes of this Arbitration and Litigation section.
"we" and "us" means MBNA America Bank. N.A., its parent,
subsidiaries, affiliates, licensees, predecessors. successors,
assigns, any purchaser of your account, and all of their officers,
directors. employees, agents. and assigns or any and all of
them. Additionally, "we" or "us" shall mean any third party
providing benefits, services, or products in connection with
the account (including but not limited to credit bureaus. mer-
chants that accept any credit device issued under the
account, rewards or enrollment services, credit insurance
companies, debt collectors, and all of their officers, directors.
employees and agents) if, and only if, such a third party is
named by you as a codefendant in any Claim you assert
against us.
If any part of this Arbitration and Litigation. section is
found to be invalid or unenforceable under any law or statute
consistent with the FAA, the remainder of this Arbitration and
Litigation section shall be enforceable without regard to such
invalidity or unenforceability.
THE RESULT OF THIS ARBITRATION AGREEMENT IS
THAT, EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE
LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS
ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
-The-arbitration shall be conducted by the National Arbitration
attempt a transaction that results in your total outstanding bal-
ance (plus authorizations) exceeding your credit limit, we may
(1) permit the transaction without raising your credit limit: (2)
permit the transaction and treat the amount of the transaction
that is more than the credit limit as immediately due; 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 permitted you to exceed your credit
limit, it does not mean that we will permit you to exceed your
credit limit again. If we decide to permit you to exceed your
credit limit, we may charge an Overlimit Fee as provided in
this Agreement.
Unauthorized Use of Your Card
Please notify us immediately of the loss, theft, or possible
unauthorized use of your account at 1-800-789-6701.
You Must Notify Us When You Change
Your Address
We strive to keep accurate records for your benefit and
ours. The post office and others may notify us of a change to
your address. When you change your address, you must notify
us promptly of your new address.
What Law Applies
This Agreement' is made in Delaware, and we extend credit
to you from Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict of
laws principles) and by any applicable federal laws.
The Provisions of This Agreement Are
Severable
If any provision of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
Our Rights Continue
our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to exercise
those rights later.
Arbitration and Litigation
This Arbitration and Litigation provision applies to you,
unless you were given the opportunity to reject the Arbitration
and Litigation 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 ("Claim") by either you or us against
the other, or against the employees, agents, or assigns of the
other, arising from or relating in any way to this Agreement or
any prior Agreement or your account (whether under a
statute, in contract. tort, or otherwise and whether for money
damages, penalties, or declaratory or equitable relief), including
Claims regarding the applicability of this Arbitration and
Litigation section or the validity of the entire Agreement or
any prior Agreement, shall be resolved by binding arbitration.
The arbitration shall be conducted ?liy the National Ai?ifreiiori
Forum ("NAF'. under the C6de of Procedure in effect at the time
the Claim is filed. Rules and forms of the National Arbitration
Forum may be obtained and Claims may be filed at any National
Arbitration Forum office, www.arb-forum.conl, or P.O. Box 50191,
Minneapolis, Minnesota 55405, telephone 1-800-474-2371.
If the NAF is unable or unwilling to act as arbitrator, we may
substitute another nationally recognized, independent arbi-
tration organization that uses a similar code of procedure.
At your written request, we will advance.any arbitration filing
fee, or administrative and hearing fees that you are required
to pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those
fees. In no event will you be required to reimburse us for any
arbitration filing, administrative, or hearing fees in an amount
greater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place
within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration agree-
ment is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration
Act. 9 U.S.C. §§ 1-16 ("FAA"). Judgment upon any arbitration
award may be entered in any court having jurisdiction. The
arbitrator shall follow existing substantive law to the extent
consistent with the FAA and applicable statutes of limitations
and shall honor any claims or privilege recognized by law. If
any patty requests, the arbitrator shall write an opinion con-
taining the reasons for the award.
No Claim submitted to arbitration is heard by a jury, and
no Claim may be brought as a class action or as a private
attorney general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim. This Arbitration and
Litigation section applies to all Claims now in existence or
that may arise in the future.
This Arbitration and Litigation section shall survive the
termination of your account with us as well as any voluntary
payment of the debt in full by you, any bankruptcy by you, or
sale of the debt by us.
For the purposes of this Arbitration and Litigation section,
,.we" and "us" means MBNA America Bank, N.A., its parent,
subsidiaries. affiliates, licensees, predecessors, successors.
assigns, any purchaser of your account, and all of their officers,
directors. employees, agents. and assigns or any and all of
them. Additionally, "we" or "us" shall mean any third party
providing benefits, services, or products in connection with
the account (including but not limited to credit bureaus, mer-
chants that accept any credit device issued under the
account, rewards or enrollment services. credit insurance
companies, debt collectors, and ail of their officers, directors.
employees and agents) if, and only if. such a third party is
named by you as a codefendant in any Claim you assert
against us.
If any part of this Arbitration and Litigation-section is
found to be invalid or unenforceable under any law or statute
consistent with the FAA, the remainder of this Arbitration and
Litigation section shall be enforceable without regard to such
invalidity or unenforceabi)ity.
THE RESULT OF THIS ARBITRATION AGREEMENT IS
THAT. EXCEPT AS PROVIDED ABOVE. CLAIMS CANNOT BE
LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A JURY. AS CLASS
ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
10
14999
EXHIBIT "B"
III
NATIONAL
ARBITRATION
MBNA America Bank, N.A.
c/o Wolpoff & Abramson, L.L.P.
Attorneys in the Practice of Debt Collection
702 King Farm Blvd, Two Irvington Centre
Rockville, MD 20850-5775
CLAIMANT(s),
FORUM e
AWARD
RE: MBNA America Bank, N.A. v Andrea L Jackson
File Number: FA0407000306004
Claimant File Number: 5490995999411173
Andrea L Jackson
508 First St
CARLISLE, PA 170131803
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS:
1. That no known conflict of interest exists.
2. That on or before 07/29/2004 the Parties entered into an agreement providing that this matter shall be resolved
through binding arbitration in accordance with the Forum Code of Procedure.
3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
5. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
6. That the Arbitrator has reviewed all evidence and information submitted in this case.
7. That the information and evidence submitted supports the issuance of an Award as stated.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $5,327.93.
Entered in the State of Pennsylvania
Ci,,,--
Jared D. Simmer, Esq.
Arbitrator
Date: 10/26/2004
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly jftrcd_and the Forum hereby
certifies that co othi?/}? was sent by first
class mail uoa e n aid to P es at the above
referolcqA R date.
a ?
tt ???q Z\0? r-
Honorm ble Harold Kalina, Rot.
Director
C W cri t"1
-Cl
fJ"+
CL
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00207 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
JACKSON ANDREA L
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
JACKSON
the
DEFENDANT , at 1135:00 HOURS, on the 25th day of January , 2005
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
ANDREA JACKSON
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 3.70
Affidavit .00
Surcharge 10.00
.00
31.70
Sworn and subscribed to before
me this _1.4_ day of
2GC 5? A. D.
rot onotary ;
So Answ?eers:
R. Thomas Kline !!
01/26/2005
WOLPOFF & AB7ASON
By:
Deputy Sher" f
e Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO. 05207
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
VS.
ANDREA L JACKSON
Defendant(s)
PRAECIPE FOR JUDGMENT
Mr./Ms. Clerk:
Please enter Judgment in favor of Plaintiff and against Defendant(s),
ANDREA L JACKSON and
for want of ANSWER TO COMPLAINT.
( X ) Amount due $ 5327.93
Interest $
Attorney's Commission $
Filing costs $
TOTAL $ 5327.93 , plus interest and costs
( X ) I certify that the foregoing assessment of damages is for specified
amounts alleged to be due in the complaint and is calculable as a sum certain from
the complaint.
( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or
decree), I certify that a copy of this praecipe has been mailed to each other party
who has appeared in the action or to his/her Attorney of Record.
( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the
intention to file this praecipe was mailed or delivered to the party against whom
judgment is to be entered and to his/her Attorney of Record, if any, after the
default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached. n
?? a? DATE: J Signature:
NOW, 1 '( ?Zq ( `f , 20_OS ,
Amy F. DoyFf- fpslu6L
Daniel F, olfs #20617
Bruce H. Cherkis x/18837
Philip C. Warholic #86341
Ronald M. Abramson x/94266
Ronald S. Canter #94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practi ce of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
'MENT IS ENTERED AS ABO,".
Prothonotary/Clerk, Ci- Division
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO. 05207
655 PAPER MILL ROAD
Plaintiff
VS. CIVIL ACTION - LAW
ANDREA L JACKSON
Defendant(s)
NOTICE OF JUDGMENT
( x ) Notice is hereby given that a
in the above-captioned matter has been entered against you in the amount of
$ 5327.93 , plus interest, on (a T ig , 20AS'_.
( x ) A copy of all documents filed with the Prothonotary in support of the
within judgment is/are attached.
If you have any questions regarding this Notice, please contact the
filing party.
(This Notice is given
NOTICE SENT TO:
ANDREA L JACKSON
Amy F. Do a x/87062
Daniel F Wolf #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Ronald M. Abramson x/94266
Ronald S. Canter #94000
Donald P. Shiffer, III x/89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
in accordance with Pa.R.C.P. 236.)
508 FIRST ST
CARLISLE PA 17013-1803
STNTC/PANOJ W&A FILE NO. 109217497
MAIN OFFICE
TWO IRVINGTON CENTRE
T02 KING FARM BLVD., ROCK VILLE, MD 20880
REGIONAL OFFICES
10505 JUDICIAL DR., BLDG. A5, FAIRFAX. VA 22030
11% E. MAIN ST., STE. 1003, RICHMOND, VA 23218
5122 GREENWICH RD., VIRGINIA BEACH, VA 23462
919 N. MARKET ST.. STE. 1300, WILMINGTON. DE 19699
1954 GREENSPRING DR., STE. 400. TIMONIUM, NO 21093
1 VALLEY BANK SLOG. BOX 1226, CLARKSBURG, WV 26302
2825 TOWNSGATE RD #330, WESTLAKE VILLAGE, CA 91361
257 E. MARKET ST., YORK. PA 17403
24350 NOVI RD.. BLDG 1, NOVI. MI 46375
300 CANAL VIEW BLVD., ROCHESTER. NY 1M23
NATIONAL COLLECTION ATTORNEY NETWORK
AFFILIATED FIRM LOCATIONS (NOT REGIONAL
OFFICES OF WOLPOFF 6 ABRAMSON LLP.
NI A , N-ACA ,A KANSAS
ANCHORAGE, ALASKA ENGLEWOOD. COLORADO
PHOENIX.ARIZONA FT. LAUDERDALE. FLORIDA
109217497
ANDREA L JACKSON
LAW OFFICES
WOLPOFF & ABRAMSON,L.L.P.
Attorneys in the Practice of Debt Collection
(A National Collection Attorney Network Firm)
267 EAST MARKET STREET
FIRST FLOOR
YORK PA 1740'1-2000
717.848-6203
OUTSIDE YORK METROPOLITAN AREA
(TOLL FREE)
1.800-758-0675
FACSIMILE (717) 848-1146
PLEASE DIRECT ALL INQUIRIES TO YORK OFFICE
FEBRUARY 11, 2005
508 FIRST ST
CARLISLE PA 17013-1803
Re: MBNA/MASTERCARD
vs. ANDREA L JACKSON
Docket No. 05207
Dear ANDREA L JACKSON
OKLAHOM/
v
ODE ISLAM
NEEDHAM. MASSACHUSETTS MILWAUKEE, WISCONSIN
MINNEAPOLIS, MINNESOTA RAWLINS. WYOMING
ST. LOUIS, MISSOURI
GREAT FALLS, MONTANA
OMAHA. NEBRASKA TM NaSonN Colleog"
LAS VEGAS, NEVADA Albany Nstwwk is an
MANCHESTER
NEW HAMP
H
RE
,
S
I a18Nae9n of a#panY Mw Brma
CEDAR KNOLLS, NEW JERSEY
RALEIGH, NORTH CAROLINA W&A Horns of Operation:
FARGO, NORTH DAKOTA 8 a.m. -11 pm. E.S.T. M-F
COPY
W&A File No. 109217497
Enclosed herein please find a 10-Day Notice pursuant to Rule 237,1 of the
Pennsylvania Rules of Civil Procedure.
Sincerely,
Am DoyIe #87062
Daniel F. Wolfso #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer, III #89451
WOLPOFF St ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
Enclosure
CC: ANDREA L JACKSON
This is an attempt by a debt collector to collect a debt and any information obtained
will be used for that purpose.
NOT 1001PANOTC
LTRH011p1111MI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, N.A. NO. 05207
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
copy
IF- jr
vs
ANDREA L JACKSON
Defendant(s)
TO: ANDREA L JACKSON
508 FIRST ST
CARLISLE PA 17013-1803
DATE OF NOTICE: o` ap
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle
800-990-9108
By:
PA 17013
Amy F. Doyle N #6/U6z
Daniel F. Wolfson #20617
Bruce H. Cherkis x/18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter x/94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintiff
IMPNOT/PANOTC W&A FILE NO. 109217497
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
Plaintiff
VS.
ANDREA L JACKSON
Defendant(s)
No. 05207
CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, being duly sworn according to law, depose
that I am the Attorney for the Plaintiff in the above-captioned matter,
the best of my knowledge, information and belief Defendant,
ANDREA L JACKSON , above-named, is over 21 years of age;
known to reside at 508 FIRST ST
CARLISLE PA 17013-1803
County of CUMBERLAND
the United States or its Allies,
Servicemembers Civil Relief Act
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Dina A Sweitzey, Notary Public
City of York. York County
My Commission Expires Apr. 16. 2008
and say
and that to
is last
, Pennsylvania; is not in the military service of
or otherwise within the provisions of the
and its Amendments.
Amy F: Doyle / 87062
Daniel F. W fson !? #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter x/94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L .P.
Attorneys in the Practi ce of Debt Collection
267 East Market St., Yo rk, PA 17403
(717) 846-1252
Counsel for Plai tiff
SWORN and SUBSCRIBED to before me this _ day of ZZ&? / L 20=D.
Notary Public
PNMAFF/PANOJ W&A FILE NO. 109217497
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MBNA AMERICA BANK, N.A. No. 05207
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
vs
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ANDREA L JACKSON
Defendant(s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, hereby certify that the precise residence of Plaintiff is:
MBNA AMERICA BANK, N.A.
655 PAPER MILL ROAD
MAIL STOP 1411
WILMINGTON DE 19884-1411
and certify that the last known address of the within Defendant(s) is:
ANDREA L JACKSON
508 FIRST ST
CARLISLE PA 17013-1803
v-,,-
Amy F. Doy x/87062
Daniel F. olfson x/20617
Bruce H. Cherkis x/18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter x/94000
Donald P. Shiffer, I II #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Pra ctice of Debt Collection
267 East Market St., York, PA 17403
(717) 846-1252
Counsel for Plaintif f
PCRES/PANOJ W&A FILE NO. 109217497
? ?-'? ?.
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1025
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
P.R.C.P. 3101 to 3149
MBNA AMERICA BANK, N.A. IN THE COURT OF COMMON PLEAS OF
655 PAPER MILL ROAD CUMBERLAND COUNTY, PENNSYLVANIA
MAIL STOP 1411
WILMINGTON DE 19884-1411
Plaintiff
VS.
ANDREA L JACKSON
508 FIRST ST
CARLISLE PA 17013-1803
Defendant (s)
JUDGMENT NO. 05207
PRAECIPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: PLEASE ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER.
(1) Directed to the Sheriff of CUMBERLAND COUNTY, Pennsylvania;
(2) against, ANDREA L JACKSON
508 FIRST ST
CARLISLE PA 17013-1803
Defendant(s);
(3) and against, WACHOVIA BANK
604 E HIGH ST
CARLISLE PA 17013-2661 Garnishee(s);
(4) and index this writ
(a) against, ANDREA L JACKSON
Defendant (s) and
(b) against, WACHOVIA BANK Garnishee(s),
as a lis pendens against the real property of the Defendant(s) in the name of the
Garnishee(s) as follows:
(Specifically describe property) *** GARNISH ONLY ***
You are directed to attach the property of the Defendant(s) not levied upon in the
possession of WACHOVIA BANK
604 E HIGH ST
CARLISLE PA 17013-2661
Garnishee(s)
All accounts including but not limited to all savings, checking and other accounts,
certificates of deposit, notes receivables, collateral, pledges, documents of
title, securities, coupons and safe deposit boxes.
Amount due
Interest from 05/19/2005
At an interest rate of 6% per year
Dated:
i _
$ 4508.43
To Be Determined
Total $ 4508.43 Plus costs& interest
Amy F. Doyle #87062 / Daniel F. Wolfson #20617
Philip C. Warholic #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
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
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WRIT OF EXECUTION and/or ATTACHMENT
AL COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-207 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MBNA, AMERICA BANK, N.A., Plaintiff (s)
From ANDREA L. JACKSON, 508 First Street, Carlisle, PA 17013-1803
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
WACHOVIA BANK, 604 E High Street, Carlisle, PA 17013-2661
All accounts including but not limited to all savings, checking and other accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4508.43
Interest
Atty's Comm %
Atty Paid $82.50
Plaintiff Paid
Date: January 29, 2007
L.L. $.50
Due Prothy $1.00
Other Costs
C R. Long, Pr o ary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Andrew C. Spears, Esquire
Address: WOLPOFF & ABRANSON, LLP, 4660 TRINDLE RD, 3RD FLR., CAMP HILL, PA 17011
Attorney for: MBNA AMERICA BANK, N.A.
Telephone: 717-303-6700
Supreme Court ID No. 87737
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MBNA America Bank
vs.
Andrea Jackson
Plaintiff
Defendant
NO. 05207
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION
To the Prothonotary:
Kindly mark the attachment against the Garnishee, Wachovia Bank, discontinued, upon
payment of your costs only.
Dated: (a
Submitted,
Amy F. Doyle #87P62
Daniel F. Wolfso #20617
Philip C. Warholic #86341
David R. Galloway #87326 /
Touilyn M.'Chippie #87852
Sarah E. Ehasz #86469
Robert N. Polas, Jr. #201259
Ronald M. Abramson #94266
Ronald S. Canter #94000
Bruce H. Cherkis #18837
WOLPOFF & ABRAMSON, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Rd., Suite 300
Camp Hill, PA 17011
(717) 303-6700
W&A File No. 109217497
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2005-00207 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
MBNA AMERICA BANK NA
VS
JACKSON ANDREA L
And now MARK CONKLIN
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0009:10 Hours, on the 15th day of February , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
JACKSON ANDREA L
hands, possession, or control of the within named Garnishee
WACHOVIA BANK 604 E. HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
PAUL FENTON (MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to His
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
, in the
true
and made
So answers:
`
.00
.00 .00 R. Thomas Kline
.00 Sheriff of Cumberland County
0000 3?a7/o?
02/16/2007
P
J r?
day of By
Deputy heriff
A.D
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MBNA AMERICA BANK, NA
Plaintiff
vs.
ANDREA L JACKSON
Defendant(s)
NO.
0 r.-C) 7 0-1
CIVIL ACTION - LAW
PRAECIPE TO REQUEST EXEMPLIFIED JUDGMENT
To the Prothonotary:
Please provide an Exemplified Judgment for this matter. The Judgment is being
transferred to DURHAM, NORTH CAROLINA.
Respectfully Submitted,
Date: b
16f7-
WA File No. 109217497
Amy F. Doyle #7062
P ' ' 341
David R. Galloway #87326
Sarah E. Ehasz #86469
Ronald M. Abramson #94266
Daniel F. Wolfson #20617
Tonilyn M. Chippie #87852
Robert N. Polas, Jr. #201259
Ronald S. Canter #94000
Bruce H. Cherkis #18837
Wolpoff & Abramson, LLP
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
P
w LA
s?
0
a
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriffs Costs 84.56
Docketing 18.00 65.44
Poundage 1.66
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 09/ 11 /07
Mileage 4.40
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00 n
a"' Jo7
TOTAL 84.56 V / So Answers,
.,
WAAC
R. Thomas Kline, Sheriff
By .? -, Liz
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-207 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MBNA, AMERICA BANK, N.A., Plaintiff (s)
From ANDREA L. JACKSON, 508 First Street, Carlisle, PA 17013-1803
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
WACHOVIA BANK, 604 E High Street, Carlisle, PA 17013-2661
All accounts including but not limited to all savings, checking and other accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit
boxes.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4508.43
Interest
Atty's Comm %
Atty Paid $82.50
Plaintiff Paid
Date: January 29, 2007
L.L. $.50
Due Prothy $1.00
Other Costs
Curti . Long, a tart'
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Andrew C. Spears, Esquire
Address: WOLPOFF & ABRANSON, LLP, 4660 TRINDLE RD, 3RD FLR., CAMP HILL, PA 17011
Attorney for: MBNA AMERICA BANK, N.A.
Telephone: 717-303-6700
Supreme Court ID No. 87737