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Home My WebLink About07-40054 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS CO. Plaintiff vs. JAMES A BALL III Defendant No : ~ ~f . ,[I~ e~:(.~~ COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05012195 C A Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS CO. Plaintiff vs. Civil Action No JAMES A BALL III Defendant COMPLAINT 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. 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 COMPLAINT 1. Plaintiff, AMERICAN EXPRESS CO. is a corporation with offices at 5800 NORTH COURSE DR HOUSTON TX 77072 2. Defendant is adult individual(s) residing at the address listed below: JAMES A BALL III 6101 WESTOVER DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 371534995692000 . 4. Defendant made use of said credit card and has a current balance due of $25748.12 as of January 18, 2007 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000% per annum on the unpaid balance from January 18, 2007 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant JAMES A BALL III INDIVIDAULL Y in the amount of $25748.12 with continuing interest thereon at the rate of 6.OOOo per annum from January 18, 2007 plus costs. v i _ ~' C James armbrodt,42524 WELT W INBERG & REIS CO., L.P.A. 436 S vent Avenue, Suite 2718 Pitts urg PA 15219 (412) 434 7955 FAX:?'412 338-7130 050L`219 C A Pit BNT This law firm is a debt collector attem~t~ng to collect this debt for our client and any information obtained ill be used for that purpose. DUPLICATE COPY Ar"~R~ Business Gold Card I ' e SMALL BUSINESS NETWBRK"' Prepared Fa' Aocounl Number Cbeirg Date JAMES A BALL III 3715-349956-92000 02/17/06 ROUND HILL FARMES New Activity $ New Previous Balarce; Payment Ac6vfly $ Inc. Adjus6nents Balance 25,748.12 0.00 0.00 Page t of 3 Please Pay By 03/04/06 Amount Due includes: Past due amount $25,748.12 Please refer to page 2 for important information ------ - _ __ regarding your account To manage your Account, visit us online at open.americanexpress.com or call Customer Service at 1-500-678-0745. Activity trdicates posting date ----- - -- Amount S Total of Payment Activity 0.00 Amount; Total Due in Full Activity 0.00 E~H~R 1 Please fold on the perforation below, detach and rslum w~h your payment Payment Coupon AccountNvnber 3715-349956-92000 JAMES A BALL III ROUND HILL FARMES 6101 WESTOVER DR MECHANICSBURG PA 17050-2373 LL N M ItttllLt,III,,,~ItLlltttttlJttllJtt,L~ILllttttttlttttlll Please Pay By: To Pay by Computer, visit p~pq/pg open.americanexpress. com. To Pay by Phone, call 1-800-472-9297. Please enter account number on all checks and Total Amount Due correspondence. $25,748.12 Make check payable to American Express. Mail Payment to: IItI~IIItItttIIIIIJJIrtItIII~IIttL~IIIIIIt~tLIILIJIIrtll AMERICAN EXPRESS PO BOX 360001 FT LAUDERDALE FL 33336-0001 Irtllttrlltttll~„Iltrlltrlltttltrtrlltttttrllltlttltlttttlltl OD00371534995692000 002574812002574812 15 rl ot~ a' ngs , o ate far this' AccaNnt $8.49 Ford®tails, please see your OPEN $avingg Summary...: See Finance Charges section on reverse side for a description of when additional Finance Charges are not assessed on Features. VERIFICATION r' The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~ x ~ ~~1 Y~.rC,( ~IY~~ (NAME) of intiff herein, that (TITLE) ( OMPANY) 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. f~~ (SIGNATURE) WWR# 05012195 N ~ ~` ~ :~ ~ °~ p, Tr, n '+ ~~\ d +:- _ ~~ N C C~" f'"' t fU ~,~ W (.1'1 C.'1 Q ' r °i f~7 ~-~-_ 'T7 f'1 IJ A I ~ T.i 4 `Yi ~J1r1 ~~ _Z7 ",C THIS IS AN ARBITRATION HEARING REQUIRED. Goldman & Warshaw, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 34 Maple Ave, Ste.101, POB 106 Pine Brook, NJ 07058-0106 973/439-0077 H0073285 MATTER. ASSESSMENT OF DAMAGES OLIPHANT FINANCIAL, LLC as assignee COURT OF COMMON PLEAS of BONTON DEPARTMENT STORE/BONTON CUMBERLAND COUNTY CREDIT CARD 1800 2ND ST SARASOTA, FL 34230 vs. LOIS L GREEN 626 WOODLAND MT HOLLY SPG DAVID A GREE] 626 WOODLAND MT HOLLY SPG AVE PA 17065 and v AVE PA 17065 DOCKET NO . ~ ~~~ ~ V~l~ `~-~ NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY 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 JUDGEMENT 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA u~ ,~~~L/~~ p CIVIL DIVISION J` ~~~ ~GG~~ ` Case No . l,~-r o`~°`~ off. ~~C ~G`'~'~C Gt .~'~-~~~. NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 attorney and filling 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. YORK COUNTY LAWYER REFERENCE SERVICE YORK COUNTY BAR ASSOCIATION 137 E. MARKET STREET YORK, PA 17401 717-854-8755 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE YORK, PA DIVISION CIVIL AVISO PARA DEFENDER Conforme A Pa Rcp Num. 1018.1 USTED HA SIDO DEMANDANO/A EN LA CORET. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acciondentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparaencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en esta contra usted. Usted es advertido uqe si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demando o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU AGOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FUADA AQUI ABAJO, ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. SERVICIO DE REFERIDO A ABOGADO COLEGIO DE ABOGADOS DEL CONDADO DE YORK ABOGACIA DEL CONDADO DE YORK CALLE MARKET #137 ESTE YORK,.PENNSYLVANIA 17401 TELEFONO: (717) 854-8755 COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant(s)received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $3,050.53. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3, 050 .53 but the defendant (s) has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 7/7/03. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,050.53 ._ .. plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: FREDERIC I. NBERG, ESQUIRE Attorney for Plaintiff POlA.DB VERIFICATION FREDERIC I. WEINBERG, ESQUIRE hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEIN E ESQUIRE EXHIBIT "A" AFFIDAVIT I, Sherri L. Wright, am over 18 y of age, and at all times competent to make this affidavit. 1• Afliam is the Legal Outsourc Co-Manager ofOliphant Financial, LLC (hereinafter "OFC"). in connection with my emplo t with OFC, I have become thoroughly familiar with the manner and method by which BonTon ent Store (hereinafter "Credit Grantor") maintains its business books and records for its outstandin accounts. 2. I am a duly authorized cos an of the business books and records of Credit Grantor for the proposes of this litigation. In the normal arse of its business, Credit Grantor maintains computerized account records for customers who h e established a credit card account, line of credit, or promissory note with Credit Grantor. The records kept by Credit Grantor in the ordinary course of business by employees of Credit Grantor who are c ged with the duty to record any business act, condition or event onto computer with entries made or about the time of arty such occurence. I have personally reviewed Credit Grantor's records as relate to the credit card account, line of credit, or promissory note opened by Credit Grantor in a name of LOIS L GREEN ("Debtor") and I make this declaration based upon those records and my rsonal review thereof. 3. Affiant further states that the account upon which the debtor owes Credit Grantor was acquired by OFC from BoaTon Department S re and that seller sold, assigned and conveyed to OFC all rights, title and interest in and to the acwun of debtor and that the amount attested to by Affiant as the balance owed to OFC fiom the debtor herein urately reflects the balance owed to OFC less any payments and/or credits, if any, on said balance acqui by OFC from seller, but not including any post charge-off interest owed by debtor to OFC from the of acquisition by OFC which amount is within the knowledge of afSant just and true, and that it is due that all just and lawful offsets, payments and credits have been allowed. 4. AfHant further states that th debtor listed below owes OFC the sum of $1790.61 which is further evidenced by the a hed Statement of Account and incorporated herein by reference as if fully rewritten. lkbtor LOTS GREEN Credit Grantor Axt No: 08579 6 Charx Off 8alanx: 17788 1 FLJ~TFIER Affiant Sayeth ot. Sherri L. Writrht to before me, a Notary Public Acd Tyoe; BonTon Crodk Card OFC Aed No: 748g7g Current Balance: 17780.67 DATED: May 22nd, 2007 Public, in and for Sarasota County Florida tins 22nd day of May, 2007. nww-atlratit rrtionrranoosts ~.r~~1~r~~iar!•'a~ EXtpBff 'B• Tho Bon-Ton Deper4nenl Slorea, Yro.. (' ~ hseby ebeoNddy eeb, eanefare, seelBm, eeb-over and comaye b OIIpMnt Flrancfal Caporelion ('Aadpneey rdYwrd recaume wNhoul rrpraeentalorrs a wartartlee, express a knpbd, d eery type, kind a nebre, e>ooept aldT hat Setter does hereby represarl werrad het SeMr b the owner end holder d he Evtdenoe d hdeb(adrMa for each d he Aaanls: (a) aA d Aaslyrofo dpht, 011e i Exhbk'A' (ha'Accounlt~ . bpeltier s and dotxanenb corodtrBrp the Acoaad I (b) aA prkrdpal, tnlaest a dha f he canveralon. wkarlery a irvoknlery. wruklerafan received by a m 6eheM d Thk BR d Selo k baYg sxecubd end Pudraee AOreanerrl made end eriered 1Agreanenl'). The Axanb sre definer endprodalons set iorh M he AQreanerrl some h~ tut power end saheb h he f THIS BLL OF SALE SHALL BE (l( CONFl.ICTS OF RULES TNER DATED: blereat b end b each d the Aocamb IOenlEed N he Account Sdiedub a0edred haNo es at promissory rides a dher erldarra d bdabbdneee,Kerry, and bpetlrer wih at insburrerxa s pertakirp b such Accvrnis, 9 eny; and ~ d any Idnd wAh reaped b he Aaants, iiwiudirp Drrt not Itnlled b proceeds derwed from eny d the Axamb krb cash a other tkpideled propeAy, Dul ezdudnp any peymarb a deer rsgmr prbr b Jararay 25, 2008 wth reaped b he AooouMa. elraed purwant b and b eccadena wih he fame and provlsbm d hd Accent do try and bebreen he Aulpar s Soler, and he Aaelpies es Buyer. dried Mey 3, 2002 (he rs1 deealbedtn he Agreement and arebekp dsrwryed hsrsb,Treut>focl b.he lams, oondRone Aaefgna regesente that hle ~ d Serb has bean duly eullarlted end hsl he person slgnkrp fa BY THE IAWS OF THE SPATE OF PENNSYLYMSA YYITHOUT REGARD TO THE Seller. TM Ba-Ton None (prMrQ: Tlb: STATE OF PENNSYLVANIA liS. COUNTY OF YORK ??MN))"' rr The lorepdrrg irmWmant wee 6efors me hls~ day d r~ bYby hRka Zebssld ee MVP 6 6eheM d Tna Bar~Ton Oeoambnr arorea. arc. n IIULtdile~rer.ll.. (~' / / W Sipnalue d Ndery Rrb~le'- Stated ~ PenonMy Krawn / Q t~rodra:ed k Type d IdentNcation Produosd Qork a ~~ ~e~ ~ a,- ~t c ~ -t, ~ ~ --i ..o p, ~ , ~..- ~0 "~`'r` ~ ss f ~ ~3 z ? -,-, -~ ~_ -~i ~rn _~ ~ ~ f~ ~ ~ ~ ~~ C~" SHERIFF'S RETURN - REGULAR CASE N0: 2007-04005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CO VS BALL JAMES A III GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BALL JAMES A III the DEFENDANT at 2035:00 HOURS, on the 5th day of July 2007 at 6101 WESTOVER DRIVE MECHANICSBURG, PA 17050 by handing to FRANCES BALL, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 5 6 10 ,. -°~''~~`" ' ~ ~ . ~ ~ .~.~ -e~' .00 10.00 R. Thomas Kline .00 38.56 07/06/2007 WELTMAN WEINBERG REIS By: day Deputy Sher' f A.D. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS CO. Plaintiff vs. JAMES A BALL III Defendant No. 07-4005-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END WITHOUT PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR 05012195 y._..t t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN EXPRESS CO. Plaintiff JAMES A BALL III Defendant vs. Civil Action No. 07-4005-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND .END WITHOUT PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid.. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C Pa. I.D. Weltma 2718 Esquire Wein 436 7` Ave Pitts urgh, (41 434 Sworn to and Before me the ibed ~rg & Reis, Co, LLC xilding 15219 WWR 05012195 v ,~ :n ~'> ~ ~~ '~ -~? ~~, . 3 ,:"- .. ., ~~ ' ~ c ~ '..1 ~'