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HomeMy WebLinkAbout08-7010IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS (US) World Financial Center 200 Vassey St. New York, NY 10285 Plaintiff vs. CIVIL ACTION NO: ~ ~ - '~Ol~ BETH MOYER 36A SPRINGERS LN NEW CUMBERLAN PA 17070 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 (US) World Financial Center CIVIL ACTION 200 Vassey St. New York, NY 10285 Plaintiff vs. ~ p /D ~.cuik ~iv-~^~ NO: d ~ BETH MOYER 36A SPRINGERS LN NEW CUMBERLAN PA 17070 Defendant COMPLAINT Plaintiff, AMERICAN EXPRESS (US) , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, AMERICAN EXPRESS (US) , (hereinafter "Plaintiff') is a Delawaze corporation with a principal place of business located at World Financial Center, 200 Vassey St., New York, NY 10285. 2. The Defendant BETH MOYER (hereinafter "Defendant") is an adult individual residing at 36A SPRINGERS LN NEW CUMBERLAN PA 17070. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit cazd issued by Plaintiff with the account number 371740422832008. 5. Use of the AMERICAN EXPRESS (US) 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. 6. Defendant used the AMERICAN EXPRESS (US) credit card with account number, 371740422832008, 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. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on July 26, 2006 . 10. The principal amount was $$22,063.94 at the time of charge-off. 11. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 0%. 12. The principal amount was $22,063.94 at the time it was received by Plaintiff. 13. The total amount due and owing the Plaintiff including interest, is $22,063.94. 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 $22,063.94 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Resp lly sub fitted, r~ Edwin A. Abrah e Assoc. Michael F. Rat f ,Esquire Heather K. ruff, Esquire Attorney I. 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 (L1S) , 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. ~ `6~ ~~ M W ~! ~ ~ n ,,, ~~ rc~a~ -~, L '"'~ r ~ ~A v: V 1 c7 - ( ` r" - +r l~-i ~ = ! ~ :f, .'~ ~~ ~.,J :S) '+,: