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HomeMy WebLinkAbout08-0848IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Centurion Bank World Financial Center CIVIL ACTION 200 Vassey St. New York, NY 10285 Plaintiff VS. NO: C$- $`? $ C i v i t ?iet-w? CHONG HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Defendant : 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 to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Centurion Bank World Financial Center CIVIL ACTION 200 Vassey St. New York, NY 10285 Plaintiff VS. NO: CHONG HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Defendant COMPLAINT Plaintiff, American Express Centurion Bank, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, American Express Centurion Bank, (hereinafter "Plaintiff') is a Delaware corporation with a principal place of business located at World Financial Center, 200 Vassey St., New York, NY 10285. 2. The Defendant CHONG HOROWITZ BRUCE HOROWITZ (hereinafter "Defendant") is an adult individual residing at 75 CHESTER ST CARLISLE PA 17013. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. COUNTI BREACH OF CONTRACT 4. Plaintiff incorporates by reference the previous allegations of its Complaint as if fully set for therein at length. 5. Defendant applied for and received a credit card issued by Plaintiff with the account number 371544721902003. 6. Use of the American Express credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from American Express, and will be provided upon receipt. 7. Defendant used the American Express credit card with account number, 371544721902003, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent on December 2, 2004. 11. The principal amount was $$7,177.35 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 0%. 13. The principal amount was $7,177.35 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $7,177.35. 15. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees in the amount of 25% of the balance. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $9,918.56 plus costs of suit, reasonable attorneys' fees of $2,479.64 and any other relief as the Court deems just and appropriate. COUNT II BREACH OF CONTRACT 16. Plaintiff incorporates by reference the previous allegations of its Complaint as if full set forth herein at length. 17. Defendant applied for and received a credit card issued by Plaintiff with the account number 372262292532005. 18. Use of the American Express credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from American Express, and will be provided upon receipt. 19. Defendant used the American Express credit card with account number, 372262292532005, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 20. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 21. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 22. The account became delinquent on December 26, 2004. 23. The principal amount was $$2,741.21 at the time of charge-off. 24. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 0%. 25. The principal amount was $2,741.21 at the time it was received by Plaintiff. 26. The total amount due and owing the Plaintiff including interest, is $2,741.21. 27. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees in the amount of 25% of the balance. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $9,918.56 plus costs of suit, reasonable attorneys' fees of $2,479.64 and any other relief as the Court deems just and appropriate. Respect ruire Edwin A. soc. Michael Fre Scott J. BAttorney 3600 1729 PittsScranton, PA 18505 mratchford@eaa-law.com sbest@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,American Express Centurion Bank, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. M EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD SCOTT J. BEST* *ALSO MEMBER OF NJ BAR February 4, 2008 Cumberland County Sheriffs 1 Court House Sq. Carlisle, PA 17013 ffR THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW.COM Re: American Express Centurion Bank vs. CHONG HOROWITZ Our file Nos.: N07-4387 Dear Sheriff: In regard to the above-noted matter, enclosed please find the following: 1. A true and correct copy of the Complaint; 2. The completed form for service; 3. A check for service; 4. A self-addressed return envelope for the return of service. Please serve the named defendant in accordance with the County Rules of Civil Procedure. If you should have any questions or concerns, please do not hesitate to call me at (570) 558-5510. The defendants address is : CHONG HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Thank you for your attention to this matter. Edwin A. AbrahamsA &_A sQc ata&-T.C. Enclosures mfr/MR `mratchford@eaa-law, 1 729 PITTSTON AVE. • SCRANTON, PA 1 8505 • (P) 570.558.551 0 • (F) 570.55B.551 1 70 4r 0 r V•D D IM As ? c-n _L7 ? • 1 C.PI -C SHERIFF'S RETURN - REGULAR CASE NO: 2008-00848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CENTURION VS HOROWITZ CHONG MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOROWITZ CHONG the DEFENDANT , at 1409:00 HOURS, on the 11th day of February-, 2008 at 75 CHESTER STREET CARLISLE, PA 17013 by handing to MICHELLE BAIA, DAUGHTER 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: So Answers: Docketing i 18.00 80 4 1 Serv ce Affidavit . 00 'r?"t ?'"y .? Surcharge 10.00 R. Thomas Kline °???'?DP .00 32.80 02/12/2008 EDWIN ABRAHAMSEN ' r Sworn and Subscibed to By: before me this day eput S eri of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Centurion Bank vs. Plaintiff CIVIL DIVISION CHONG HOROWITZ V Sea bac- - Defendant NO: 08-848 CIVIL TERM PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE Kindly enter judgmen7byefault for failure to respond to Plaintiff's Complaint in the amount of $$10,418.56, which includes reasonable attorneys' fees. Notice of the intent to file a default judgment was served upon the Defendant on March 10, 2008. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Ed in A. Abrahamsen & Associates P.C. Michael F. Ratchford squire Attorney I.D. No.: 285 Attorney for Plaintiff JUDGMENT AND NOW, this day of , 20 Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the am unt of $$10,418.56, which includes reasonable attorneys' fees for failure to respond to Plaintiffs Complaint. pct4?-?? American Express Centurion Bank vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHONG HOROWITZ BRUCE I O 9 lIT7 ++a?v •? 11 L?- Plaintiff ; Defendant CIVIL DIVISION NO: 08-848 CIVIL TERM CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: CHONG HOROWITZ BRUCE HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Edwin A. Abrahamsen & Associates, P.C. Date: ?? - Michael F. Ratchford, quire Attorney I.D. No.: 285 120 Keyser Ave e Scranton, PA 18504 (570) 558-5510 American Express Centurion Bank In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. NO: 08-848 CIVIL TERM CHONG HOROWITZ RRUC-E AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS Defendant AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): CHONG HOROWITZ; BRUCE HOROWITZ is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): CHONG HOROWITZ; BRUCE HOROWITZ is(are) older than eighteen years of age; That the employment status of the defendant(s): CHONG HOROWITZ; BRUCE HOROWITZ is(are) unknown. 441- Michael X 9 F. Ratch 20 EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD BCOTT J. BEST' 'ALSO MEMBER OF NJ BAR THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW.COM March 10, 2008 CHONG HOROWITZ BRUCE HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Re: American Express Centurion Bank v. CHONG HOROWITZ BRUCE HOROWITZ CUMBERLAND County Civil Action No.: 08-848-CIVIL TERM Dear CHONG HOROWITZ BRUCE HOROWITZ: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Michael F. Ratchfo , Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 1 729 PITTSTON AVE. • SCRANTON, PA 1 8505 • (P) 570.558.551 ? • (F) 570.558.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Centurion Bank CIVIL ACTION Plaintiff : vs. CHONG HOROWITZ NO: 08-848-CIVIL TERM Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: CHONG HOROWITZ BRUCE HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Date of Notice: March 10, 2008 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN 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 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express , Centurion Bank CIVIL ACTION Plaintiff : vs. NO: 08-848-CIVIL TERM CHONG HOROWITZ Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on March 10, 2008 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: CHONG HOROWITZ BRUCE HOROWITZ 75 CHESTER ST CARLISLE PA 17013 Edwin A. Abrahamsen & Associates, P.C. Michael F. Ra;?.: f , Esquire Attorney I.D. 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 American Express Centurion Bank In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. CHONG HOROWITZ rout 1 ",, ,.,,.. ? NO: 08-848 CIVIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ /p y/g . 5(o on 5 By:_ 1? If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)