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Home My WebLink About08-5772 NC032733 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 American Express Centurion Bank 200 Vesey Street WFC 01-4 NEW YORK, NY 10285 Vs. PATRICK KLINGER 201 EWE RD MECHANICSBURG PA 17055 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0" ?77)- dl?ql 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 COMPLAINT IN CIVIL-ACTION 1. 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. 2. 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. 3. 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, if available, is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $12,744.12. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $12,744.12 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's account was open on 11/22/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,744.12 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY- FREDERICI. INBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff P01A . . of NC032733 377233117662009 American Express Centurion Bank VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. amew. Jean E. Ramsarran EXHIBIT "A" American Express Centurion Bank Plaintiff, VS. PATRICK KLINGER Defendant. AFFIDAVIT I, Joan E.R sarm , being of full age, hereby certify as follows: 1. I am more than 18 years of age and am competent to make this affidavit. 2. I am employed by plaintiff, American Express Centurion Bank as a custodian of records for the records and facts at issue. 3. I am familiar with all of the facts and circumstances in connection with this case and have been authorized to make this certification in the above referenced case. 4. In the ordinary course of business and as a regular business practice, American Express Centurion Bank `s employees or representatives with knowledge of the accounts compile business records memorializing account activity and transactions at or near the time they occur. 5. Entries in the files and business records of Plaintiff are made contemporaneously with transactions in order to preserve the accuracy of the transaction. 6. Plaintiff's files and business records are maintained by American Express Centurion Bank 7. I have custody and control of the files and business records relating to this account. 8. There is now due and owing from defendant to plaintiff, the amount of $12,744.12 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $12,744.12 as of July 16, 2008. 9. The documents attached to this affidavit, if any, are true and accurate copies of business records regarding the Defendant's account. 10. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Service members Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 11. Defendant is entitled to no known valid defenses, setoffs or counterclaims, and further states that written demand was made upon the Defendant. I affirm under the penalty of pe ry that the bove facts are true and correct. (N AE OF AFFIAN ) Sworn to and Subscr'bed day bef e me this AT of , 2008 Notary Public NC032733 377233117662009 Docket# °t;R ..OBE MARIE HEf pSpNy?????p !kno •??YNllp * * MY COMMISSION A DD 744875 EXPIRES: APM 22, 2012 ??' "OF F"dor Bonded Thiu Budget Notary Serous F6 E& TreFdw Fogs Optlot+ Mean vww WWd M* A? ^ C N C7 t? ?n SHERIFF'S RETURN - REGULAR CASE NO: 2008-05772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CENTURION B VS KLINGER PATRICK TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLINGER PATRICK the DEFENDANT , at 2040:00 HOURS, on the 6th day of October , 2008 at 201 EWE ROAD MECHANICSBURG, PA 17055 PATRICK KLINGER 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: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 .00 f?f13?08 41.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/07/2008 GORDON & WEINBERG By: Deputy Sheriff A. D. NCO32733 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 American Express Centurion Bank VS. PATRICK KLINGER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5772 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this November 4, 2008, it is suggested of record that Defendant, PATRICK KLINGER, filed a petition in bankruptcy under Chapter 07 of the Bankruptcy Code on or about October 25, 2008, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 08-03950. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff r-? ca ? -n A r- ? ?i p ? Ga David D. Buell Prothonotary KirkS. Sohonage, ESQ Soricitor knee X Simpson Ft Deputy ltothonotary Irene E. Morrow 2 d Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 9 Suite 100 • Cask PA 17013 9 (717) 240-6195 9 Fax (717 240-6573