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HomeMy WebLinkAbout08-6491IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Travel Related Services CIVIL ACTION 1804 Washington Blvd. Baltimore, MD 21230 Plaintiff VS. NO: 0$ - ?yq ( 0, l er?A JEFFREY COX 853 KIEHL DRIVE LEMOYNE PA 17043 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 1804 Washington Blvd. Baltimore, MD 21230 VS. JEFFREY COX 853 KIEHL DRIVE LEMOYNE PA 17043 Plaintiff CIVIL ACTION NO: D P - 4 Y9/ Defendant COMPLAINT Plaintiff, American Express Travel Related Services, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, American Express Travel Related Services, (hereinafter "Plaintiff') is a Maryland corporation with a principal place of business located at 1804 Washington Blvd. Baltimore, MD 21230 2. The Defendant JEFFREY COX (hereinafter "Defendant") is an adult individual residing at 853 KIEHL DRIVE LEMOYNE PA 17043. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by AMERICAN EXPRESS with the account number 371388274813005. 5. The within account was sold by AMERICAN EXPRESS to NCO FINANCIAL SYSTEMS, INC for valuable consideration and all rights under said accounts were assigned to NCO FINANCIAL SYSTEMS, INC. 6. Use of the AMERICAN EXPRESS credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. 7. Defendant used the AMERICAN EXPRESS credit card account number371388274813005, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed 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. (See, Cardmember Agreement attached hereto as Exhibit "A.") 10. The account became delinquent February 22, 2007. 11. The principal amount was $16,665.93 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 6. 13. The total amount due and owing the Plaintiff including interest, is $17,011.12. 14. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $17,011.12 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. submitted, 'Edwin A. Abraham Assoc. Michael F. Ratch Esquire Heather K. Wo ff, Esquire Attorney I.D. os.: 86285/207805 1729 Pittston Avenue Scranton, PA 18505 mratchford@eaa-law.com hwoodruff@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, American Express Travel Related Services , 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. cx? vl- ? R O. 95 r -- 1Ert CIP SHERIFF'S RETURN - REGULAR CASE NO: 2008-06491 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS TRAVEL RELATE VS COX JEFFREY NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COX JEFFREY DEFENDANT the , at 0013:50 HOURS, on the 5th day of November-, 2008 at 853 KEIHL DRIVE LEMOYNE, PA 17043 JEFFREY COX by handing to DEFENDANT 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 16.00 Affidavit .00 Surcharge 10.00 .00 ? 44. 0 Sworn and Subscibed to before me this day So Answers: R. homas Kline 11/06/2008 EDWINI ABRAHAMSEN & ASSOCIATES By: Deputy Sheriff of A. D. American Express Travel Related Services In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. NO: 08-6491-CIVIL TERM JEFFREY COX Praecipe to Withdraw Civil Complaint 853 KIEHL DRIVE LEMOYNE PA 17043 Defendant To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, Michael F. Ratchford, Edwin A. Abrahamse} Lawyer ID 4 86285 Sworn and , P.C. day 20 L _?*? C Q- (D N LtJ ?a CJ p N C_3