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Home My WebLink About06-4328IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, N.A., No. Plaintiff, VS. LAURA B HARTZEL, Defendant. COMPLAINT 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR #04912094 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, N.A. Plaintiff VS. Civil Action No. LAURA B HARTZEL Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 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 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, N.A., No. Plaintiff, VS. LAURA B HARTZEL, Defendant. COMPLAINT 1. Plaintiff, MBNA America Bank, N.A., is a corporation located in Wilmington, Delaware. 2. Defendant is an adult individual with a last known address of 932 Woodridge Dr, Enola,Pa 17025. 3. On or before May 1, 1975, Plaintiff and Defendant entered into a Cardmember Agreement for a credit card bearing the account number 4264298997396992. A true and correct copy of the Cardmember Agreement is attached hereto, marked as Exhibit "I" and made 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 Agreement. ..W-io-cuus 1ue rc•ur rn Zftn 1'Plnkt:ntal rftd Mr. JUC q*0 ugJB Y, UZ/IJ 1?4,. information Gathering and Sharing From time to time, we may obtain updated informa- tion about you including, for example, credit informa- tion. We may share information about you with credit reporting agencies and others, including merchants, and among companies affiliated with us. You may request that information about you not be shared among our affiliates, other than Information pertaining solely to transactions or experiences between you and-us for an MBNA America affiliate), by writing us at MBNA, Affiliate Information Sharing, P.O. Box 15342, Wilmington, DE )9830-5342. Please include your name, address, home phone number and all MBNA America account numbers. If you believe that inaccurate or incomplete Information about you or your account has been shared by us with a credit reporting agency, write to us at: MBNA. Credit Repotting Agencies, P.O. Box 17054. Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain which Information you believe is inaccurate or incomplete. . _ t - _ I General In this Credit Card Agreement, the words `you` and ,"you' refer to each and all of the persons who accept a credit card issued by us or under an account we hold. ' This Credit Card Agreeq*t f the 'Agreement) consists of this document and the terms and conditions set forth in the Required Federal Disclosures section of the accompanying card carrier, which is incorporated herein and made a part hereof. The words. 'we," "us.^ 'our" and "MBNA America" mean MBNA America Bank N.A. When you accept or use the account, you agree to the terms in this Agreement. You should sign your card before you use it. Yoti consent to and authorize MBNA America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our repre- sentatives or the representatives of any of those companies. All capitalized terms not defined herein snail have the meaning as defined in the Required Federal Disclosures section of your card carrier. EXHIBIT SEP 16 20@3 1207 PAX 02 atr_io-cuua kuc ic•uo ni onk.ca cumnuu¢ni ^ rnn M. auk vx uyao r, uaika You may use your credit card to purchase or )ease goods or services from persons who honor the card. You may also use your card to obtain Cash Advances. You may not use a Check Cash Advance. or any other Cash Advance, to make a payment on this or any other credit account with us. You may not use your account for busi- ness or commercial purposes. certain establishments`riay cash your personal checks upon presentment of your card. In the event we are required to pay the amount of a check cashed in this way because the check is not paid for any reason, we will charge your account for a Cash Advance in the amount of the check and any processing charge we actually incur. If you permit any person to have access to your card or account number with the authorization to make a charge, you may be liable for all charges made by that person Including charges for which you may not have intended to be liable. The transaction date for Check Cash Advances and .Balance Transfers is the date you or the person to whom the check is made payable first deposits or cashes the check. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. You may request a stop payment on Check Cash Advances by providing us with the check number, dollar amount, and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stop payment on your account. You may not use a.postdated check Cash Advance to obtain credit under your account If you do postdate a Check Cash Advance, we may elect to honor it upon pre- sentment or return it unpaid to the parry which presented it to us for payment, without in either case awaiting the date shown on the Check Cash Advance. We are not liable to you for any loss or expense Incurred by you arising out of the action we elect to take. Repayment You promise to pay us the amounts of all credit you obtain; this includes all purchases. cash advances, fees. SEP 16 2003 1208 PAGE 0 SEP-1b-Nus iut iC:ud rn bRLb nmutiteni PMA nu, sue 06 U40 r. U4/13 your account and Finance Charges. You may pay the entire amount outstanding at any time. You must pay each month at least the minimum payment shown on your monthly statement. If you over- pay or if a credit balance is otherwise created in your account, we will not pay interest on such amounts. Your i payment will be allocated in a manner we determine. In most instances, we will allt3fate your payments to balances i (including new transactions) with lower APRs before balances with higher APRs. This will result in new bal- ances with a lower rate of interest being paid before any I other existing balances. All payments will be credited to ( your account for the billing cycle in which each payment is received; however, your available credit may not be increased by the amount of the payment until your i funds have cleared. Minimum monthly payments can- not be made in advance and payments made in any billing cycle which are greater than the minimum pay- ment due will not affect your obligation to make subse- quent minimum payments each month. We an reject payments not denominated in U.S. dollars or not drawn on a U.S. Bank No payment shall operate as an accord and satisfaction without the prior written approval of a senior officer of MBNA America. All persons who initially or subsequently request. accept or use the account are individually and together responsible for any outstanding balance. If two or more persons are responsible to pay any outstanding balance. we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have been returned to us and the balance is paid in full. Reasons for Requiring immediate Paument You will be In default and we can require immediate payment of all amounts you owe iL (I) you fail to make any required payment by the Payment Due Date; i2) your New Balance Total exceeds your credit limit. or if we have established a separate Cash Advance credit limit for you, your outstanding Cash Advance balance exceeds your Cash Advance credit limit; or (3) you fail to abide by any other terms of this Agreement. If you default, unless prohibited by applicable law, we SEP 16 2003 1208 PAGE.04 btr-lo-cuuo iuc ic,uo ni oni.ca iuumuulc.tu inn nV. OVC 4V Vl. i, VWtj can also require you to pay the collection and court costs we incur in any collection proceeding. and a rea- sonable attorney's fee if we refer your account for collec- tion to an attorney who is not our salaried emplovee. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. .it . Payment Holidays We may allow you, from time to time, to omit a monthly payment. We will notify you when this option is available. If you omit a payment, Finance Charges and credit insurance premiums, if any, will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume following your payment holiday. Charaes Made In Foreign Currencies If you incur a charge in a foreign currency, the charge will be converted by visa international or MasterCard international, depending on which card you use, Into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. Currently, -those regulations and procedures provide that the currency conversion rate to be used is either I I I a wholesale market rate or (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 curren- cy 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 Cucle A billing cycle begins on the day after the closing date shown on your account's preceding monthly statement and ends on the closing date that appears on your account's statement for the current month. Account Fees and Charges Account Fees: The following fees, which are set forth on your card carrier, are assessed as Purchases in the billing cycle in which such charges accrue: 11) a Late Fee, f2) if your account is overlimit (even if fees or SEP 16 2003 12:08 PAM. 05 btr-JO-CVUJ IVC 1C•W ICI JnLLJ IMUWNLIILRI 111111w, wL's ulJ 1, vuww 1 Total to exceed your credit limit) on the last day of a tf billing cycle, an Overlimit Fee is charged to your account as of the day in the billing cycle that your account went over the credit limit; (3) a Returned Payment Fee if a pay- ment on your account is returned for insufficient funds or for•any other reason, even if it is paid upon subsequent I presentment; (4) a Returned,Ched Fee if we return a Check Cash Advance unpa4A6Yany reason, even if the Check Cash Advance Is paid upon subsequent present- ment;l5) If your account is open or if you maintain an account balance, whether you have active charging privi- leges or not, an Annual Fee. 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. Additional Account Fees and Charges: Please review the Required Federal Disclosures section of your card carrier for additional fees and charges that may apply to your account. Benefits You will be offered certain benefits which will be sub- ject to the restrictions outlined in the benefits brochure provided to you by MBNA America. MBNA America reserves the right to adjust, add, or delete benefits and services at any time and without notice. Refusal to Honor Your Card we are not liable for any refusal to honor your card or any cash Advance or for any retention of your card by us, any other bank, or any seller or lessor of goods or services. Termination We may suspend or terminate your right to obtain credit at any time for any reason. Your obligations under this Agreement continue even after your right to obtain credit has been suspended or terminated. You must return all credit cards to us on request. Amendments We may amend this Agreement at any time by adding. SEP 16 2003 1209 PAGE • 06 SLmti-000J lut ic.uu ru amto immutumi rM nu. JVG 4UU u4JU 1. VIII) applicable notification requirements of federal law and the i laws of the state of Delaware. It an amendment gives you the opportunity to reject the change, and if you reject the change in-the manner provided in such amendment. we may terminate your right to receive credit and may ask you S to return all credit devices as a condition of your rejec- tion The amended Agreement (including any higher rate or other higher charges or leis)-will apply to the entire unpaid balance, including the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Assignment We may at any time. and without notice to you, assign your account. any sums due on your account, this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment i shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carder and gen- erally on each monthly statement. We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at any time must not be more than your credit limit. We may also establish a separate credit limit for Cash Advances. If we do, your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits if you request credit in any form which, if granted, would result in either your total outstanding balance or your Cash Advance balance. Including authorized transac- tions not yet posted to your account, being more than your credit limit or your Cash Advance credit limit. If we have established one for you, lwhether or not such bal- ances before the request were more than the respective credit limit), we may. (I) honor the request without per- manently raising your credit limit. (2) honor the request and treat the amount which is more than your credit limit SEP 16 2083 12:09 PAGE 0? SEP-16-?UUJ I'M le:ua rn sutra nenrturntnl rnA nV. Me 470 U9JO r, uoiia we may advise the person who made the request that it has been refused. If we refuse to honor 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 horl6bdrequests for credit over your credit limit, it does not mean that we will honor further overlimit requests. If we decide to honor such a request, we may assess 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 1-8DD-789.6701. Governing Law This Agreement is made in Delaware. It is governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and by any applicable federal laws. If any part of this Agreement is found to be invalid, the rest remains effective. Our failure or delay in exer- cising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Litigation The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration provisions and you did so reject them; in which case, you agree 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. Arbitration: 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 contras, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration Section or the validity of the entire SEP 16 2003 1209 PRGE.00 ,SEP-16-2U113 lUt: uwu rn 5mt:5 nnneutntni rtm nu. ouc woo uqM r, uurto . binding arbitration. The arbitration shall be conducted by the National Arbitration Forum f-NAF'7, under the Code of Procedure in } effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and I Claims may be filed at any National Arbitration Forum office, www.arb-forum mm, of P.O. Sm 50191. Minneapolis, Minnesota 5549, telephone I-800.474-2371 If the NAF is unable or umvlll ng to ad as arbitrator, we may substitute another nationally recognized, indepen- dent arbitration organization that uses a similar code of '. procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay topursue a Claim in arbi- tration. 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 coutt costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear wilt take place within the federal judicial district that includes your billing address at the time the Claim is filed This arbitra- tion agreement-is made pursuant to a transaction involv- ing interstatwoorrimerce, and shall be govemed•by the Federal ArbitrationAct, 911S.C. ¢¢ 1-161"FAA't.judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shag follow existing substantive law to the extent consistent with the FM and applicable statutes of limitations and shall honor any claims or.privilege recognized bylaw. If any party requests, the arbitrator shall write an opinion containing the reasons for. the award. No Claim submitted to arbitration is heard by a jury and no Calm may be brought as a class action or as a private attomey general. You do not, have the right to act as a class representative or partfcipate.as a member of a class of claimants with respect to any Claim. This Arbitration Section applies to all Claims now in existence or that may arise irr the future. This Arbitration Section shall survive the termination of your account-with us as well as any voluntary pay- ment of the debt. in full by you, any bankruptcy by you SEP 16 2003 12:10 PAGE 09 Str-10-cuua ruc tc.Ju rii OM" reu1nurjrur1 1 nA 11 V. JUL 9JV u?JU '1•" t 1. IW lJ - or sale of the debt by us. i t t 1 t SEP 16 2003 12:10 For the purposes of this Arbitration Section, -we" and -us" means MBNA America Bank, NA, its parent, sub- sidiaries. affiliates. licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, 've' of °us' shall mean any third parry providing benefits; ser&6. or products in connection with the account (including but not limited. to credit bureaus, merchants 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 co-defendant in any Claim you assert against us. Also. for the purposes of this Arbitration Section, -you- or yours- shall mean any person or entity approved by us to use the Account, including but not limited to all per- sons or entities contractually obligated on the Account and all authorized users of the account. )f any part of this Arbitration Section is found to be invalid or unenforceable under any law or statute consis- tent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CAN- NOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. Platinum Pius Coverage.Credit Insurance Benefits, Limitations, Costs & Exclusions Platinum Plus Coverage pays your minimum monthly payment, up to your balance on the date of loss trot to exceed $) 5,000), until you return to works • if you are involuntarily unemployed, mah disabled, or if you or your spouse takes covered family leave. Platinum Plus Coverage also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit, or $ t 5,000 if you die. PAGE. 18 SEF1B-2003 'IUI: 12:111 Fn SALU nANRl;tiltnl t'HR ell, Jue 4W ugJd r. 11/11 ,, . . the primary cardholder or a co-applicant, authonzed users are not eligible), 'under age 66 t70-in AZ, NV & VA; 71 in FL. GA, MI, MO & OK; 72 in NM). Your coverage ends at these same ages (except family leave in AZ. FL & SD & unemployment unless in TX). When enrolled. certificates will be mailed explaining your coverage & effective date. In MN, unemployment coverage is effective 61 days from j your certificate effective dp#, For unemployment or fami- )y leave benefits, you must be gainfully employed working at least 30 hrs/wk (not self-employed or an independent contractor) for 90 consecutive days before the date of loss (CO - before application date), ;PA - on the date of loss), (7X - before coverage effective date for unemployment). Employees of professional corporations may be eligible. Coveroees & Benefits: Platinum Plus Coverage covets: your death: involuntary unemployment due to job loss, general strike, unionized labor dispute or lockout; total disability due to sickness or injury if you are unable to perform the material & substantial duties of your job lor, any lob after the first 18 mos. In CA, HI, NJ. TN & WI: 11 mos. in PA): your or your spouse's unpaid leave of absence from employment due to. care of your newborn or newly adopted child or an incapacitated immediate family member (must be spouse, child, stepchild or parent in AK), mandatory recall to active military duty, jury duty (except in AK), or residence in a federally declared disas- ter area. Loss (not death) must continue at least 30 days before benefits begin. in NY, for strikes, unionized labor disputes S lockouts, you must be unemployed for 7 consecutive weeks & qualify for state unemployment benefits before benefits begin. A daily benefit is paid for I each day of loss over 30 days for unemployment In NY & i PA, and disability In CA, CT, NY, M). PA & SC. You may cancel this coverage at any time. If canceled within first 30 days of coverage, all premiums will be refunded. ExclusIona: Life: suicide In the first 6 months of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or job loss due to willful or criminal misconduct, disability, strikes in 11., military discharge in NY, normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth (not CA. MA & NV), intentionally self-inflicted injuries (not MD)' or a pre-existing medical condition 10 SEP 16 2003 12 10 PAGE. 11 SU-10-ruva ivr IG•iu rn anu:J IIfl1I11VL11W11 I10 I1V, JVL'JV VYJV I. 1611v t\• . 1 aunng AT L 6 11 1U1 It! IS OfzoverRgeftrBFM}?Far?xijae vE benefits are not paid if you are eligible for or receiving unemployment benefits or are disabled. This is only a brief description of coverage, and cover- ages vary by state. Please refer to your certificates for a full explanation of coverage. QdS ner S100 ME Month of Average Dew Balance Costs apply to Life I D)sability (D), Unemployment (U) & Family Leave'(F): AL 49.8c; AK 78C; AZ 99c: AR 97,5c; CA 89.9c: CO 52.35c; CT 42.89c; DE 96.97c; DC 95.3: FL 89t: GA 88c; HI 89.91c; ID 95.2c (L 8.6c, D 12.60. U 54c, F 200; IL 80c; IN 96t: IA 95.60 (L 7.1c. D 14.4c, U 54c, F 200; KS 85.4e: KY 97.4C; LA 89,7c: MD 70.54c: MA 18.4C; Mf 85.7c; MN 30.65C; MS 85.2c; MO61.Ic; MT 93.9c; NE 95.8c; NV 95.3c: NH 95c; N) 97c: NM 58.9c: NY 52.5c (L 8.9c, D 26.9c. U 16.9c); NC 74.3c; ND 94.Ic; ON 99c; OK 91.4c; OR 84.7c; PA 38.1 c; PR 99c: R) 93.15c: SC 80c: SD 96.890: TN 92.5c; TX 33.7c (L 5.7c. D 12c, U 16c): UT 91.88C; VT 28.4c (L 5.99c. D 6.410, F 16c): VA 84c IL 6.1c. D 8.9c. U 49c, F 20c); WA 84c; WV 95.2c; WI 93.6c (L 5.7c, D 8.9c, U 59t, F 20C): WY 95.5c. Avaflb7Li: This coverage 1s not available in ME. Involuntary Unemployment is not available in MA or Vr, Family Leave is not available in AL, CT, MA. MD. MN, NM, NY, PA, or TX . Underwriting CemoanieIPolicv: Involuntary Unemployment: American Security/LOI 15/85), LOI NY(3/93), AS LOI TX (6/92). LOIC-IP-KS (2/96), and LOIC• IP: Standard Guaranty/SG LOI (5/85) (NH only). Life b Disability: Union Security Lffe/L-I-Z: Standard Guaranty Life (TX onlyyL-1-Z JW92)(3.53RA): First Fortis Life (NY Life oniyAMM0013: and American Security (NY Disability onlyyW-S-A. Family Leave: -American Security/?:LP (4/97), FLP-FL ()2197) in FL, FLP-NC 13/98) in NC, FLP-OK (4/97) in OK, FLP-VA (2/98) in VA, FLIP (AZ)(7/98) in AZ, FL-1P (4/97) WIL 6 IN, FL-IRKS (12/97 in KS, FLIP-WY (4/97) in WY; Standard Guaranty)FLP (4/97) in NH; Union Security Lif&TLP-VT (4/97) in VT. Soliciting agents for Mississippi and Florida are Charles M. Gordon and Pamela Curtis respectively. This product is not an insured deposit account, is no( FDIC insured, Is not guaranteed by MBNA America Bank NA, and is not a condition of obtaining credit. SEP 16 2003 12:10 PAGE. 12 SEP-Iti-ews tut is:ii rn bnt.tb nttntwtntni rtm nu. suc 400 UU0 r, :aita +f'.. I 'Less past due a over credit limit amounts. In Mi. coverage pays 5% of the balance on your date of disability up to $750. In NY, coverage pays the minimum payment due on your date of loss. 'The number of monthly benefit payments will not exceed 9 for family leave: 12 for unemployment in AL. AK. CT. il„ MI. MN, MO, NM. NC. NY, PA. SC & TX: 12 for disability exz In CA. HI, IN, KS. Mi.RN1. W. Ak TN, TX & WI. NY, N) & T% Residents Only: To purchase coverages separately. write to Assurant Group, P.O. Box 50355, Atlanta, GA 30302. Applications will be sent to you. MBNA America Bank NA, is the exclusive'issuer and administrator of this and other Platinum' Plus-attlit card accounts MBNA Ameria® is a federally registered service mark of MBNA America Bank, NA O 2000 MBNA America Bank, N.A. NEXT90 (Revised 4/2000) DISC-58 ' 4/1100 MBNAULOI (MBNA-UD/Unapped LOl/FL) SEP 16 20M 12:11 PPLE.13 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to yyE/s72 #a1?cQp? authorities, that he/she is (NAME) /JU/!/t. UT¢/W of 99114 ?/)?l lL4l L?1lC,?? , plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) 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. W WR# ?o tr"k D J ,. CASE NO: 2006-04328 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MBNA AMERICA BANK N A VS HARTZEL LAURA B ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARTZEL LAURA B the DEFENDANT , at 2035:00 HOURS, on the 2nd day of August 2006 at 932 WOODRIDGE DRIVE ENOLA, PA 17025 by handing to JIM ARMSTRONG, POA NEPHEW IN LAW 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 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20,/ 08/03/2006 9?as/a? WELTMAN WEINBERG REIS Sworn and Subscibed to B . before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, NA Plaintiff vs. LAURA B HARTZEL Defendant No.: 06-4328 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04912094 Judgment Amount $ 8002.56 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.: 06-4328 CIVIL TERM LAURA B HARTZEL Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LAURA B HARTZEL above named, in the default of an Answer, in the amount of $8002.56 computed as follows: Amount claimed in Complaint $8002.56 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $8002.56 I 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By:.?/L 1- Benjamin R. Bibler PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.521.9 (412) 434-7955 W W R#04912094 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 932 WOODRIDGE DR ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff Case #b 732rL ??d' LAURA B HARTZEL Defendant (s) IMPORTANT NOTICE TO: LAURA B HARTZEL 932 WOODRIDGE DR ENOLA, PA 17025 Date of Notice: Lip I ?? 44 WWR#: 04912094 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 //Vwk- BY JAMES WRMBRODT, ESQUIRE PA I.D. ##42524 WELTMAN/, WEINBERG & REIS CO., L.P.A. 2718 KdPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, NA Case no:: 06-4328 CIVIL TERM Plaintiff vs. LAURA B HARTZEL Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/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, LAURA B FIARTZEL 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, LAURA B HARTZEL is not in the military service. Further Affiant sayeth naught. all, AFFIA T SWORN TO AND SUBSCRIBED in my presence this J day COMMONWEALTH OF PENNSYLVANIA i t Notarial Seal PUBL[ F J. Kelly, Notan - SbUryh, A!leghr ?i :ssion Expires t nns0vaniia Associatin ies 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 Servicemembers Civil Relief Act Page 1 of 2 SEP-14-2006 07:17:10 Last Name First/Middle Begin Date Active Duty Status Service/Agency HARTZEL 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. &_? 'r 'I . 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: bttD://www.defenselink.mil/faci/t)is/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/14/2006 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: BJKD UBCSBDP https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/14/2006 ?Q? r` JL eW N M -IQ 43 0 d 1--t- C C? 7 cr+ Fil N C CJi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA AMERICA BANK, NA Plaintiff vs. Civil Action No.: 06-4328 CIVIL TERM LAURA B HARTZEL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Orde r Judgment was entered against you on ,t I 'a,CSCS(? (xx) Assumpsit Judgment in the amount of $8002.56 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) Default ( ) Verdict ( ) Arbitration Award Prothonotary i By: PRO ONOTA EP Y) LAURA B HARTZEL 932 WOODRIDGE DR ENOLA,PA 17025 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 'l -888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. LAURA B HARTZEL Defendant No. 06-4328 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#04912094 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MBNA Plaintiff vs. Civil Action No. 06-4328 CIVIL TERM LAURA B HARTZEL o AS' pej'V,, EN?,1A, q32 GUOOtI riDtte Defendant PRAECI_PE FOR WRIT OF EXECUTION - PERSONAL PROPERTY TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against LAURA B HARTZEL, Defendant 3. Judgment Amount $ Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ S 8002.56 r 944.52 8947.08 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, quire PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04912094 it ?o t 4c= PA 8 (i?a f ; ! 13 OQ W :. W ?5 C \ Z ? = r6., 7 w ? 124 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MBNA Plaintiff No. 06-4328 CIVIL TERM vs. LAURA B HARTZEL 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: (_J in cash in kind (specify property): (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount & basis for exemption): 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 unsworn 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-4328 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA Plaintiff (s) From LAURA B HARTZEL 932 WOODRIDGE DRIVE ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ON ANY/ALL OF 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$ 8,002.56 Interest $944.52 Atty's Comm % Atty Paid $132.20 Plaintiff Paid Date: SEPTEMBER 15, 2008 L.L.$0.50 Due Prothy $2.00 Other Costs Curt' . Long, otary (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T MOLCZAN ESQ Address: 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: (412) 434-7955 Supreme Court ID No. 47437 Z. 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 Sheriff's Costs: 56.61 Docketing 18.00 93.39 Poundage 1.11 Law Library .50 Refunded on 09/23/09 Prothonotary 2.00 Mileage 15.00 Surcharge 20.00 Levy Postage Garnishee So Answers, $ 56.61 ? j3 3104 ` 7,,' R. Thomas Kline, She By ,4h R. Lantz i O'? r„?Q...wd..+6 C= c 'T' C"") x-? M M CA - ?` u v I q'7 .? 3bg?3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-4328 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MBNA Plaintiff (s) From LAURA B HARTZEL 932 WOODRIDGE DRIVE ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ON ANY/ALL OF 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$ 8,002.56 Interest $944.52 Atty's Comm % Atty Paid $132.20 Plaintiff Paid Date: SEPTEMBER 15, 2008 L.L.$0.50 Due Prothy $2.00 Other Costs - e?11445WO4 W Curti . Long, P o try (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T MOLCZAN ESQ Address: 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: (412) 434-7955 Supreme Court ID No. 47437