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HomeMy WebLinkAbout06-3219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND DIVISION MBNA AMERICA BANK, N.A., Plaintiff, No. 0L - VS. JEFFREY W.JACOBS, Defendant. PENNSYLVANIA CIVIL ` (?;.,l ? COMPLAINT FILED ON BEHA F OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molcza PA I.D. #47437 WELTMAN, WET 2718 Koppers Buil 436 Seventh Averv Pittsburgh, PA 15: (412) 434-7955 W WR #04966235 Esquire & REIS CO., L.P.A. 19 IN THE COURT OF COMMON PLEAS CUMBERLAND CIVIL DIVISION MBNA AMERICA BANK, N.A. Plaintiff VS. JEFFREY W.JACOBS Defendant Civil Action No. ,PENNSYLVANIA - 3a1? CCJ-C ? 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 twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing i 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 in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND DIVISION MBNA AMERICA BANK, N.A., Plaintiff, VS. JEFFREY W.JACOBS, Defendant. I 2. Hill,Pa 17011. PENNSYLVANIA CIVIL No. 0(0 - ?2 g COMPLAINT Plaintiff, MBNA America Bank, N.A., is a corporation Defendant is an adult individual with a last known in Wilmington, Delaware. of 91 W Vine St, Camp 3. On or before July 30, 2003, Plaintiff and Defendant nt'red into a Cardmember Agreement for a credit card bearing the account number 42642969978577jade A true and correct copy of the Cardmember Agreement is attached hereto, marked as Exhibit "I" and a part hereof. 4. The Cardholder Agreement contains a provision to settle by arbitration any claim, dispute or controversy arising from or relating in any way to the Cardholder Agree ent. 5. Defendant made use of said credit card and has Plaintiff, as of February 3, 2005, in the amount of,$1Q,010.78. 6. Defendant is in default of the terms of the cardholder monthly payments to Plaintiff thereby rendering the entire balance 7. Plaintiff avers that the Cardholder Agreement between the is entitled to the addition of finance charges at the rate of 6.0% per annum 8. Although repeatedly requested to do so by Plaintiff, refused to pay the principal balance, finance charges or any part thereof to WHEREFORE, Plaintiff demands Judgment in'ns` favor and individually, in the amount of $10,010.78 with continuing finance charges annum from date of judgment plus costs; or in the alternative, an order this dispute pursuant to the terms contained in the Cardholder Agreement. Respectfully Submitted: By: V (,? f L William T. Mol n, E PA I.D. #47437 WELTMAN, WEfNBI 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4,12)434-7955 a balance due and owing to having not made due and payable. provides that Plaintiff the unpaid balance. has willfully failed and/or Defendant, Jeffrey W. Jacobs at the rate of 6.0% per the parties to arbitrate & REIS CO., L.P.A. ?str-io-•cuua iuc tc,ur rn Jlit.ca ravtrn,t:ncnr r7 ? Genera rtia tru. IU4 ql o UqM r, UU I J In this Credit Card Agreem -your" refer to each and all of credit card issued by us or un This Credit Card Agreer?gtrlt of this document and the ter In the Required Federal Disci accompanying card carrier. w and made a part hereof. The "MBNA America" mean MBN When you accept or use th terms in this Agreement. Yo before you use it. You consent to and authori affiliates, or its marketing a record any of your telephone r sentatives or the representati s Alt capitalized terms not d f meaning as defined in the Re i section of your card carrier. Fro m time to time, we rra? tion about you including, for 'ion. We may share Informal reporting agencies and other among companies affiliated N that Information about you n affiliates, other than Informat transactions or experiences b MBNA America affiliate), by % Information Sharing, P.O. Box 19850.5342. Please include yl phone number and all MBNA if you believe that inaccurat about you or your account has credit reporting agency. write t Reporting Agencies, P.O. Box I , 19884-7054. PleaseI ude phone number, and account n Information You believe is ina c EXHIBIT SEP 16 2003 12:07 nt, the words "you` and he persons who accept a der an account we hold. e "Agreement") consists s and conditions set forth ures section of the ich is Incorporated herein ords. 'we," "us,' *our- and America Bank, N.A. account, you agree to the should sign your card MBNA America, any of Its rtes to monitor and/or versations with our repre- of any of those companies. ned herein shall have the Tired Federal Disclosures obtain updated informa- xample, credit informa- m about you with credit including merchants, and th us. You may request t be shared among our on pertaining solely to tween you and us for an iting us at MBNA, Affiliate 5342, Wilmington, DE ur name, address, home merits account numbers. or incomplete information een shared by us with a us at: MBNA, Credit 154. Wilmington, DE name, address, home iber,and explain which MEE. 02 ?atr_lo_cuvo tv6 tc,uo ra oncco tuurnvra¢nr rnA !N. JUG 4to V4oo r, US/1J You may use your credit card to purchase or lease goods or servicesfrown persons hit honor the card. You may also use your card to obtaf Cash Advances, You may not use a Check Cash Ad ?a ce. or any other Cash Advance, to make a payment on this or any other credit account with us. You may not u e your account for busi- ness or commercial purposes. if ' Certain establishments may" sh your personal checks upon presentment of your card. n the event we are required to pay the amount of a heck cashed in this way because the check is not paid to any reason, we will charge your account for a cash vance in the amount of the check and any processing rge we actually incur, it you permit any person to h ve access to your card or account number with the aut orization to make a charge, you may be liable for at charges made by that person Including charges for w ich you may not have intended to be liable. The transaction date for Ch Cash Advances and .Balance Transfers is the date yo or the person to whom the check is made payable first eposits or cashes the check. The transaction date for returned payment (a Bank Cash Advance) fs the date at the corresponding payment posted to your accoun . You may request a stop paym nt on Check Cash Advances by providing us with t e check number, dollar amount, and payee exacdy as th appear on the Check Cash Advance, Oral and written stop payment requests on Check Cash Advances are eff lve for six months from the day that we place the stop yment on your account. You may not use a.postdated edk Cash Advance to obtain credit under your account. If you do postdate a Check Cash Advance, we may el to honor it upon pre- sentment or return It unpaid to t e party which presented it to us for payment, without in ither case awaiting the date shown on the Check Cash vane. We are not liable to you for any loss or expense in rred by you arising out of the action we elect to take. You promise to pay us the obtain; this includes all purcl 2 SEP 16 2003 1208 nts of all credit you cash advances, tees, PAGE. 03 SEHb-[uud It)t 0118 rn Jitl.t.) rmurtntni rmh nU. IU4 40tf u4jO r, uq/le your account anu rmanLc ? #%C?. You may pay the entire amo nt outstanding at any time. You must pay each mom at least the minimum payment shown on your mont ly statement. if you over- pay or if a credit balance is otherwise created in your account, we will not pay inter t on such amounts. Your f payment will be allocated Ina anner we determine- In I most instances, we will ali&ate your payments to balances 1 (including new transactions) ith lower APRs before I balances with higher APRs. T is will result in new bal- ances with a lower rate of ante est being paid before any j other existing balances. All yments will be credited to r your account for the billing cy le in which each payment is received; however, your avaf able credit may not be increased by the amount of th payment until your i funds have cleared. Minimum monthly payments can- not be made in advance and yments made in any billing cycle which are greater han the minimum pay- ment due will not affect your c ligation to make subse- quent minimum payments eat month. We can reject payments not denominated in S. dollars or not drawn on a U.S. Bank No payment sh all operate as an accord and satisfaction without the pri r written approval of a senior officer of MBNA America All persons who initially or bsequent)y request, accept or use the account are i dividually and together responsible for any outstandin balance. If two or more persons are responsible to pay any outstanding balance, we may refuse to release any o them from liability until all of the unexpired cards outst nding under the account have been returned to us and the balance is paid in full. Reasons for Requirin?l immediate Payment You will be in default and w payment of all amounts you ov any required payment by the P New Balance Total exceeds you have established a separate Ca for you, your outstanding Cash your Cash Advance credit limit: by any other terns of this Agre if you default, unless can require immediate if: (1) you fail to make rment Due Date; (2) your credit limit, or if we i Advance credit limit Avance balance exceeds u (3) you fail to abide by applicable law, we SEP 16 2003 12:09 PRGE•04 btr-io-cwa im ic,uo ru imco ivumuulun f 1 M 11U. JVL IYVU Vld 11 oJ/ lJ can also require you to pay tl costs we incur in any collecti sonable attorney's fee if we n tion to an attorney who is no our failure to exercise any default does not mean that % those rights upon later de.(-au Payment Holidays we may allow you. from ti monthly payment. We will n is available. If you omit a pa and credit insurance premier your balance in accordance v requirement that you make a month will resume following Ies Made In If you Incur a charge in a f will be convened by visa Inte international. depending on 1 U.S. dollar amount in accords regulations or conversion prc time that the transaction is p regulations and procedures p conversion rate to be used is market rate or (2) a govemme one day prior to the processir percent in each case. Visa or one percent as compensation cy conversion service. The cu. effect on the processing date effect on the transaction date A billing cycle begins on the shown on your account's prece( and ends on the closing date tl account's statement for the can Account Fees and Cha Account Fees: The following on your card carrier, are assesses billing cycle in which such charg Fee, f2) if your account is overlin 4 collection and court n proceeding. and a rea- er your account for collet. our salaried employee. If our rights when you are unable to exercise to time, to omit a y you when this option mt. Finance Charges if any, will accrue on this Agreement. The nimum payment each r payment holiday. in Currencies >ign currency, the charge ational or MasterCard ich card you use, into a ce with the operating dures in effect at the cessed. Currently, -those vide that the currency Cher (1) a wholesale -mandated rate in effect date, increased by one asterCard retains this r performing the curren- ncy conversion rate in ay differ from the rate in the posting date. y after the closing date g monthly statement appears on your t month. .es, which are set forth as Purchases in the s accrue; (I) a Late it leven if fees or SEP 16 2003 12:08 PRGE.05 btr-J0-LUUJ Ivc IG•UU 111 OMLJ IIRItfNLI ILItI IIIIl nu, JVL hw I, wl I. i i Ii 1 t i, i t Total to exceed your credit fin billing cycle, an Overiimit Fee as of the day in the billing cyc over the credit limit; (3) a Rett ment on your account is returr for.any other reason, even if it presentment; (4) a Retumed,C Check Cash Advance unpalt`fo Check Cash Advance Is paid u;; ment;15) if your account is op( account balance, whether you I leges or not, an Annual Fee. Abandoned Property Char{ applicable law, we will charge Purchase, for any costs incurre complying with state abandons Additional Account fees at the Required Federal Disclosur carrier for additional fees and c Your account. B l on the last day of a charged to your account that your account went ned Payment Fee if a pay d for insufficient funds or paid upon subsequent .ck Fee if we return a any reason, even if the ,n subsequent present- or if you maintain an sve active charging privi- s: Unless prohibited by ur account, as a by us associated with property laws. Charges: Please review section of your card 3rges that may apply to You will be offered certain benefits which will be sub- ject to the restrictions outlined i the benefits brochure provided to you by MBNA Ameri . MBNA America reserves the right to adjust. add, or delete benefits and services at any time and without notice. to Honor YourlCard We are not liable for any reft or any Cash Advance or for any by us, any other bank, or any se or services. Termination We may suspend or terminate credit at any time for any reason. under this Agreement continue e obtain credit has been suspender must return all credit cards to us Amendments We may amend this Agreement 5 I to honor your card :ention of your card r or lessor of goods ,our right to obtain Your obligations en after your right to or terminated. You in request. t any time by adding, SEP 16 2003 12:09 PAGE.86 StP-lb'0(J03 lut le-uv rll JMLM IMMLYr Iltnl rnn nU. JVL 'wu U4J applicable notification tequirerr taws of the State of Delaware. II the opportunity to reject the ch ,change in-the manner provided may terminate your right to tea to return all credit devices as a tion. The amended Agreement or other higher charges or let's) unpaid balance, including the t amendment became effective. credit card with another card at We may at any time. and wit I assign your account, any sums this Agreement or our rights or account or this Agreement to a person or entity to whom we m shall be entitled to all of our rii under this Agreement, to the ex Your credit limit is shown on yc erally on each monthly statement. credit limit or limits from time to I you if we do. The total amount of any time must not be more than y also establish a separate credit Ila we do, your outstanding Cash A& exceed this Cash Advance limit. ut notice to you, e on your account, rligations under your person or entity. The e any such assignment s and/or obligations it assigned. it card carrier and gen- We may change your me, and we will notify redit outstanding at ur credit limit. We may t for Cash Advances. If nce balance may not Request for Credit Over Your Credit Limits if you request credit in any fort would result in either your total c your Cash Advance balance, indu tions not yet posted to your accot your credit limit or your Cash Adv. have established one for you, twh ances before the request were mo credit limit), we may: (1) honor th manentty raising your credit limit; and treat the amount which is moi SEP 16 2003 12:09 is of federal law and the t amendment gives you ;e, and if you reject the such amendment. we e credit and may ask you ndition of your rejec- Icluding any higher rate ill apply to the entire ante existing before the may replace your y time. which, if granted. nding balance or Ing authorized transac• t, being more than ttce credit limit, if we her or not such bal• than the respective request without per- !) honor the request than your credit limit PAGE. 07 SEP-16-NUS ME 1eWti rn MM nHNHWtnl rnA ray Sue 00 U430 r, uoi io we may advise the person who has been refused. if we refuse i Advance or Balance Transfer. w the person presenting the Chec Balance Transfer that credit has are insufficient funds to pay Eh( Balance Transfer, or in any,othe if we have previously horlbr6d r your credit limit, it does not me further overlimit requests. if wt request, we may assess an Ovei this Agreement. Unauthorized Use of I nade the request that it ;? honor a Check Cash may do so by advising Cash Advance or been refused, that there Check Cash Advance or quests for credit over rn that we will honor decide to honor such a imit Fee as provided in Please notily us immediately the loss, theft, or possible unauthorized use of your account at 1-800.789.6701. Governing Law This Agreement is made in by the laws of the State of Del, its conflict of laws principles, federal laws. It any part of this Agreement the rest remains effective. Our cising any of our rights under d mean that we are unable to exe The Arbitration provisions bi you were given the opportunity provisions and you did so rejec you agree that any litigation bra regarding this account or this A brought in a court located in th Arbitration: Any claim or di either you or us against the of employees, agents or assigns r from or relating in any way to 1 prior Agreement or your accour statute, in contract, tort or oth money damages, penalties or relief!, including Claims regard this Arbitration Section or the SEP 16 2003 1209 iware. It is governed re, without regard to by any applicable found to be invalid, lure or delay in exer- Agreement does not se those rights later. ow apply to you unless o reject the Arbitration them: in which case, fight by you against us reement shall be State of Delaware. pute 1-claim-1 by er, or against the the other, arising its Agreement or any (whether under a noise and whether for claratory or equitable g the applicability of lidity of the entire PAGE.00 .SEP-16-60 lUh 1'L:Uy rn 5RUS nenactntHI MA nu auc 4?0 ugaa r. uaiia binding arbitration. - I The arbitration shall be 'ond icted by the National I Arbitration Forum f-NAFl, under he Code of Procedure in 111 effect at the time the C1 aim is file .Rules and forms of the National Arbitration Forum m be obtained and Claims may be tiled at any Nation 1 Arbitration Forum office, vn zmb-forum cnm, of P.O 93ox 50191. Minneapolis, Minnesota 5$1 to ephone 1-800 474.2371. If the NAF is unable or unwilling t act as arbitrator, we may substitute another nationally recognized, indepen- dent arbitration organization that ses a similar code of procedure. At your written requ t, we will advance any arbitration filing fee, administrat ve and hearing fees which you are required to pay to ursue a Claim in arbf- tration. The arbitrator will decid who will be ultimately responsible for paying those fe . In no event will you be required to reimburse us for ny arbitration filing. administrative or hearing fees in n amount greater than what your court costs would hav been if the Claim had been resolved in a state court wi h jurisdiction. Any arbitration hearing at which you a pear wilt take place within the federal judicial district hat includes your billing address at the time the C Im is filed. This arbitra- tion agreement-is made pursuant a transaction involv- ing interstate-commerce, and sha I be governed by the Federal Arbitration Ad, 9 U.S.C. 1-16 (rFAA`). Judgment upon any arbitration award may entered in any court having jurisdiction. The arbitrato shall follow existing substantive law to the extent con intent with the FAA and applicable statutes of limitations nd shall honor any claims or.privilege recognized by I w. If any paFty requests, the arbitrator shall writ an opinion containing the reasons for the award. No Claim submitted to arbitrat on is heard by a jury and no Claim maybe brought as class action or as a private'attomey general. You do ot• have the right to act as a class representative or part) pateas a member of a class of claimants with respect to ny Claim. This Arbitration Section applies to all laims now- in existence or that may arise in- the future. This Arbitration Section shall urvive the termination of your account-with us as well a any voluntary pay- ment of the debt in full by you, a y bankruptcy by you 8 - SEP 16 2003 12:19 p,pg StY-lo-cvw J VC 1C ' l U NJ onua Jwrnuujuu .1 v . "A nv, JJC I?U V,J II ?? lU/fJ SEP 16 2003 12:10 _ or sale of the debt by us. For the purposes of this Arbitration on, -we* and -us" meons MBNA America Bank. NA, its rent, sub- sidlaries, affiliates, licensees, predecessors, successors. assigns, and any purchaser of your account and all of their officers, directors. employees. agents and igns or any and all of them. Additionally, 'we" of "us' shall mean any third party providing benefits, serWASro products in connection with the account (including ut not limited to credit bureaus, merchants that accept any credit device issued under the account, reward or enrollment services, credit insurance companies, de t collectors and all of their officers, directors, emplo ees and agents) if, and only if, such a third patty is name by you as a -co-defendant in any Claim you assert a inst us. Also. for the purposes of this Arbitration Sect n, "yov" or yours' shall mean any person or entity pproved by us to use the Account, including but not if ited to all per- sons or entities contractually obligated n the Account and all authorized users of the account. If any part of this Arbitration Section s found to be invalid or unenforceable under any law r statute consis- tent with the FAA, the remainder of this Arbitration Section shall be enforceable without re and to such Invalidity or unenforceability. THE RESULT OF THISARBITRATIO AGREEMENT IS THAT. EXCEPT AS PROVIDED ABOV , CLAIMS CAN, NOT BE LITIGATED iN COURT, INCLU ING SOME CLAIMS THAT COULD HAVE BEEN ED BEFORE A )URY. AS CLASS ACTIONS OR AS PRiV TE ATTORNEY GENERAL ACTIONS. Platinum Pius Coverage.C it Insurance Benefits, Limita ions, Costs & Exclusions PIg6ptum Plus Coverage pays your mi imum monthly payment up to your balance on td of loss (not to exceed $) 5,000), until you return to coo ' • if you are involuntarily unemployed, o ! disabl , or if you or your spouse takes covered family leave. Plad Coverage also pays your insured outsta dingnurn Plus balance up to the least of your outstanding balan , your credit limit, or $15,000 if you die. 9 x.10 SEP-16-2D03 'IUE 12.1U IM SALbS 1'1WRIIENI tfix NU, JUL 40v UqM r, ll/IJ the primary cardholder or a co-2 are not eligible), under age 66 (' FL. GA, MI, MO & OK; 72 in NM these same ages (except family unemployment unless in TX). N will be mailed explaining your o MN, unemployment coverage is your certificate effective dp*, F ly leave benefits, you must be gt at least 30 hrstwk (not self-empl contractor) for 90 consecutive di ICO - before application date), ;I (7x - before coverage effective d; Employees of professional corpc Coverages & Benefits: Plath your death; involuntary unempl general strike, unionized labor c disability due to sickness or injt perform the material & substanl any job after the first 18 mos. In mos. in PAI; your or your spouse absence from employment due t newly adopted child or an incaN member (must be spouse, child, AK), mandatory recall to active n (except in AK). or residence in a I ter area. Loss (not death) must days before benefits begin, In N labor disputes B lockouts, you n 7 consecutive weeks & qualify to benefits before benefits begin. each day of loss over 30 days for I PA, and disabiliry In CA, CT, NY, I cancel this coverage at any time. 30 days of coverage, all premium Exclusions Life: suicide in t. coverage (not MD & MO). Involu retirement, resignation, voluntary job loss due to willful or criminal strikes in 1L, military discharge in unemployment in TX Disability: childbirth (not CA, MA 6 NV), int( injuries (not MD) or a pre-existing 10 SEP 16 2003 12 10 )plicant, authorized users Mn AZ. NV 6 VA; 71 in Your coverage ends at :ave in AZ, FL b SD S hen enrolled. certificates verage b effective date. In 4fective 61 days from r unemployment or fami- nfully employed working yed or an independent is before the date of loss A - on the date of loss), to for unemployment). ations may be eligible. um Plus Coverage covers: ryment due to job loss, ispute or lockout; total ry if you are unable to lal duties of your job (or. :A, Hl, NI, TN & WI; 12 s unpaid leave of k care of your newborn or citated immediate family stepchild or parent in ilitary duty, jury duty :derally declared disas- :ontinue at least 30 (, for strikes, unionized ust be unemployed for state unemployment daily benefit is paid for unemployment in NY D A), PA 6 SC. You may if canceled within first will be refunded. ie first 6 months of ntary Unemployment: forfeiture of income or misconduct, disability, NY, normal seasonal normal pregnancy or ntionally self-inflicted medical condition PAW. 11 StY'10-cvuo Iut IG-1V ill OnLLO IQn1nVLIR.n1 I I M lib VVL Y?V VYVV I• lu ,V benefits are not paid if yoi unemployment benefits of This is only a brief desc ages vary by state. Please full explanation of coverag Casts apply to fife 9`D) S Family L.eave'IF): ALaD CA 89.9c: CO 5235c: CT 4 89c; GA 88c; HI 89.91 c; ID F 20c): IL 80c; IN 96c; lA 9 2001: KS 85.40; KY 97.40; L MI 85.7c; MN 30.65c; MS f 95.8c: NV 95.3c: NH 95c; 1, 8.8c. D 26.8c. U 16.90); NC 92.40; OR 84.70; PA 38.10; 96.89C: TN 92.50; TX 33.70 91.880; VP 28.40 (L 5.990, D 8.9c. U 49c, F 20c); WA 5.7c, D 8.90. U 59c. F 20C): vA ariability: This Involuntary Unempl( Family Leave is not NM, NY, PA, or 1X. Unemployment: America. NY(3/931, AS LOI TX 16/92 IP: Standard Guarant)PSG Disability: Union Security Life (TX only)tL-I-Z 18/92)( Life oniy)/NYLM0013: and Disability only)AV-S A. Far Security/FLP (4/971, FLP-F1 In NC, FLP-OK (4/17) in 01 (AZ)17/98) in AZ, FL-IP 1419 In KS, FL-JP-WY (4197) in 'V (4/97) in NH; Union Securi Soliciting agents for Missi M. Gordon and Pamela Cu This product is not an i FDIC insured, is not guaran NA, and is not a condition SEP 16 2003 12:SB' are elig(ble for or receiving are disabled. iption of coverage, and cover- refer to your certificates for a ability (D), Unemployment (UI AK 780; AZ 99c; AR 97,5c; 89c; DE 96.97c; DC 95,3c; FL 5.2c (L 8.60, D 12.6c, U 54c, i.6c (L 7.20, D 14.4c, U W. F h 89.7c: MD 70.54c: MA 18,4c; 5.2c; MO61.1c; MT 95*; NE ) 97c; NM 58.9c; NY 52.5c (L 74.30: ND 94.10; OH 99c; OK rR 99C: R193.15c: SC 80c: SD L 5.70, D 120, U 160); UT 6.410. F 16c): VA 84C (L 6.10. Ic; WV 95.2c; WI 93.60 (L le is not available in ME. is not available in MA or VT, e in AL, CT, MA. MD, MN. es/Policr: Involuntary Secunty/LO1(5/85). LOl LOIC-]P-KS (V%), and LOIC• ,01(5/851(NH only). Life G rfe/L-I-Z: Standard Guaranty .53RA); First Fortis Life (NY kmerican Security (NY ify Leave: -American (12197) in FL, FLP-NC 13/98) FLP-VA 12198) in VA, FL-1P ) fn'IL 61N, FL-IP-KS (12/97 !; Standard Guaranty/FLP Life/FLP-VT (4/97) in VT. ippi and Florida are Charles is respectively. red deposlt account, is not ad by MBNA America Bank f obtaining credit. PAGE, 12 SEP-Id-Zuus Iut Icu rn wil.w nwmtntni rna nu, suc x uysn r, wits 16 2003 12:11 'Less past due a over cr dit mit amounts. In mi. coverage pays 5% of the ba)an a on your date of disability up to $750. In NY, coverage p ys the minimum payment due on your date of loss. ' Me number of monthly efit payments will not exceed 9 for family leave. 12 for nemployment in Al, AK. CT. IL. Ml, MN, MO, NM, NC, W. Pfi , SC & TX; 12 for disability exLgg In CA, HI, IN, KS. 40 , NY, PA TN, TX b Wl. NY, NJ & TX Residents On -. To purchase coverages separately. write to Assurant roup, P.O. Box 50355, Atlanta, CIA 30302. Applicati is will be sent to you. MBNA America Bank NA, is th exclusive'issuer and administrator of this and other Mat mu*Pfus•credit card accounts MBNAAmericae is a federally re gistered service mark of MBNA America Bank N.A. O 2000 MBNA America Bank, N NEXT90 (Revised 4/2000) DISC-38 ' 4/1/00 MBNAULOI (MBNA-L/D/U capped LOU L) 12. Pf#E.13 VERIFICATION The undersigned does hereby verify subject to the penalties of 10 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is Personal Banking Officer of (TITLE) he/she is duly authorized to make this verification, and that the facts ChristianlHobbis (COMPANY) Complaint are true and correct to the best of his/her knowledge, plaintiff herein, that forth in the foregoing and belief. WWR# 04606771 ca ?y W - j L- f -T1 t ? ?! { 1 l ? 1"5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, NA Plaintiff VS. JEFFERY W.JACOBS Defendant No. 06.3219 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler PA I.D. 493598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966235 Judgment Amount $ 10010.78 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION MBNA AMERICA BANK, NA Plaintiff vs, Civil Action No. 06-3219 CIVIL TERM JEFFERY W. JACOBS Defendant TOTHEPROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JEFFERY W. JACOBS above named, in the default of an Answer, in the amount of $10010.78 computed as follows: Amount claimed in Complaint $10010.78 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $10010.78 1 hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. By: P WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966235 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh. PA 15219 And that the last known address of the Defendant is: 91 W VINE ST, CAMP HILL,PA 17011 W BLTMAN, W EINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff JEFFREY W JACOBS Defendant(s) IMPORTANT NOTICE TO: JEFFREY W JACOBS 91 W VINE ST CAMP HILL,PA 17011 Date of Notice: WWR#: 04966235 Case # YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY : ?. r y ?- JAMES WARMBRODT, ESQUIRE PA ,I D. #42524 WEi WEINBERG & REIS CO., L.P.A. 27 KOPPERS BLDG, 436 7TH AVE. P TSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK. NA Plaintiff vs. JEFFERY W.IACOBS Case no: 06-3219 CIVIC. TERM NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That lie/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JEFFERY W. JACOBS is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JEFFERY W. JACOBS is not in the military service. Further Affiant sayeth naught. presence this 4 day COMMONWEALTH FP NNSVt yANIA Well) r$I 11 i J . Kelty, Notenv Public Crgh, Atloti+ any GWffllr n Exgrea Ivov.4 , 2009 Member, pennsylvsnts Anoolailon of NnMflft This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servieemembers Civil Relief Act it Page I of 2 AUG-09-2006 11:37:50 .; Last Name First/Middle Begin Date Active Duty Status Service/Agency JACOBS JEFFERY Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Aak? 14. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htttp;//w",Xv.defenselink.mil/faq/p s/PC09SL_DR._html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://wv,w dmdc,osd.mil/scra/owa/scra.prc_Select 8/9/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID. B IVFOBZBHNSL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/9/2006 t ?Q t ` t Qn rrrsr?. c? ? P t7 "` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION MBNA AMERICA BANK, NA Plaintiff vs. Civil Action No. 06-3219 CIVIL TERM JEFFERY W.JACOBS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Judgment was entered against you on p(yh (xx) Assumpsit Judgment in the amount of $10010.78 plus costs. ( ) Trespass Judgment in the amount of$ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Defaulr ( ) Verdict ( ) Arbitration Award Prothonotary By PRO FIONOT JEFFREY WJACOBS 91 W VINE ST CAMP HILL,PA 17011 Plaintiffs address is: clo Weltman, Weinberg & Reis Co.. L.P.A., 2718 Koppers Building, 436 7'' Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03219 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK NA VS JACOBS JEFFREY W TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JACOBS JEFFREY W the DEFENDANT , at 1019:00 HOURS, on the 3rd day of July , 2006 at 91 W VINE STREET MECHANICSBURG, PA 17055 JEFFREY W JACOBS by handing to 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: So Answers: Docketing 18.00 Service 31.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 59.68,/- 07/05/2006 7 ZY o? WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this of day Dep ty Sherif A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. JEFFREY W JACOBS Defendant No. 06-3219 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (LEVY ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. JEFFREY W JACOBS Defendant QI !). Virest &Vtp W1, PA 17011 Civil Action No. 06-3219 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION - PERSONAL PROPERTY TO THE PROTHONOTARY: a? Kindly issue a Writ of Execution in the above matter... 6re55 1. directed to the Sheriff of CUMBERLAND County: 2. against JEFFREY W JACO BS, Defendant 3. Judgment Amount $ 10010.78 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 1242.47 $ 11253.25 WELTMAN, WEINBERG & REIS CO., L.P.A. By: (?? William T. Molczan, E uire PA I . D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966235 K Co F'r O Sts _4 -iM 00 O ID O t fl+a cn y tX?? _ '7?. {...._. ..1. V 8 1 C7 llJ ?T ?. 14 c-n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MBNA Plaintiff No. 06-3219 CIVIL TERM VS. JEFFREY W JACOBS Defendant WRIT OF EXECUTION NOTICE This paper is a "Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear ready to explain your exemption. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. 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 LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TELEPHONE NO.: (717) 249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms & equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages & unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran & armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named defendant, claim exemption of property from levy or attachment: (1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON, (a) I desire that my statutory $300.00 exemption be: (___) (1) set aside in kind (specify property, to be set aside in kind: (2) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE FOLLOWING EXEMPTIONS: (a) my $300.00 statutory exemption: (_) in cash L_) in kind (specify property): (b) (c) I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904 relating to unworn falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County One Courthouse Square, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (717) 240-6390 Note: Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the Sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to attach tangible personal property, see Rule 3108(a) (b). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. Social Security benefits on deposit in the amount of $ Other (specify amount & basis for exemption): WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3219 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA, Plaintiff (s) From JEFFREY W. JACOBS, 91 W. Vine St, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all defendant's property at given address . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $10,010.78 Interest -- $1,242.47 Atty's Comm % Arty Paid $150.68 Plaintiff Paid Date: 9/15/08 L.L. $.50 Due Prothy $2.00 Other Costs Cures' R. Long, Pr ary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 14 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor Dear Sir, RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant -TU # ^' April 20, 2009 -Q r r _ MBNA ' ` Jeffrey W. Jacobs °=' n Writ No 2006-3219 Civil Term . Property Claim Determination ? Reference is made to Property Claim dated April 29, 2009, entered by Amy Pettis, Writ of Execution No. 2006-3219 Civil Term, MBNA vs Jeffrey W. Jacobs. R. Thomas Kline, Sheriff, has determined that the claimant, Amy Pettis, in the above mentioned property claim, is the owner of the property set forth in the claim. cc William T. Molczan, Atty for Pltff Jeffrey W. Jacobs, Defendant Amy Pettis, Claimant of ?Luut?Pr?? OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 So Answers: Thomas R. Kline, She ff By S n NOTICE OF PROPERTY CLAIM MBNA VS Jeffrey W. Jacobs In the Court of Common Pleas Cumberland County, Pennsylvania No. 2006-3219 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Amy Pettis claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 04-29-09 Sheriff of Cumberland ounty Cc William T. Molczan, Atty for Pltff Jeffrey W. Jacobs, Defendant Amy Pettis, Claimant By PROPERTY CLAIM VS ??Q_,TJ"i e L JG? t DID. TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No.'2 OC 3 ?t The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE fi?leyis?'bn,S ? Jnn • ?a S f<T Z:0 0 sad c?s? 1y0_0 - a Gtc? T ,v, ay eh ?a,66 C>O ?s r ?f'r? hti t4 4-C a '/:? ad _ THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: r Date CiaiTnant State of Pennsylvania: County of Cumberland ??hGJ ??'f "( S above list in the property claim are correct and true. subscnbed? before day of 2i s an Notary being duly sworn according to law, deposes and says that the FA NOTARIAL SEAL . BREWBAKER, NOTARY PU Carlisle Boro, Cumberland County My Commission Expires Aprl41 ? Claimant f,4j '!1/"h, S? Ifel nlth,,r fOi-'A V A- 11 d y )x'0)--ss(a 3 r so d b Z UO b93Z ', 77- k6 n;A5- Q c c l 6,5 Q ? iso t5f ?o° ,Oed l?!'C m'gt' fora #3 ?p,oa 'l O 6 . 6 ©o 0700, co r60d` ad .© ?t? avv t0_ee S Ao 0 p0,o° a 0 0 ?v asu ??n??Yay r06t coy%,-t4fir? Oe),00 At_3 k e/3 a -ad jU ?j? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Aderson Smith Deputy P, A ,hard W Stewart oficitor MBNA Case Number vs. Jeffrey W Jacobs 2006-3219 SHERIFF'S RETURN OF SERVICE 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $ 194.95 SO ANSWERS, lap, April 04, 2012 RON R ANDERSON, SHERIFF -un`,`Suite She-iff. Te eosu<.t. ??,::. Jacobs PERSONAL PROPERTY REQUEST LEDGER ATE CATEGORY J1/21/2010 Advance Fee 04/04/2012 Postage 04/04/2012 Prothonotary 04/04/2012 Poundage 04/04/2012 Refund Advance Fee N A.fra.fn Case Number 2006-3219 CHK # DEBIT CREDIT 73973 0.00 61.82 0.45 0.00 86244 2.50 0.00 3.82 0.00 86245 30.05 0.00 36.82 61.82 TOTAL BALANCE: 25.00 Printed: 4/4/2012 1:58:04PM ( :If t ; Page 1 of 1