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Home My WebLink About09-12912215 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND AMERICAN EXPRESS, FSB 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. STEVEN CLAY 1297 ASPER DR BOILING SPRING PA 17007 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA NO. 6q- lag I 0,-w i theM'' CIVIL ACTION - LAW Plaintiff, AMERICAN EXPRESS, FSB Counsel of record for this party. Date: Davi hilip C. Warholic {'86341 Sarah E. E sz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 Telephone: (717) 303-6700 Counsel for Plaintiff Cover - General PACVR/PACVR FILE # 183660858 2216 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB NO. 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. CIVIL ACTION - LAW STEVEN CLAY 1297 ASPER DR BOILING SPRING PA 17007 Defendant (s) 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 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 or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOT/PACP7 FILE # 183660858 2217 Or IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB NO. 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. CIVIL ACTION - LAW STEVEN CLAY 1297 ASPER DR BOILING SPRING PA 17007 Defendant(s) NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propledades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A; . LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 CVRNOS/PACP7 FILE # 183660858 2218 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB 200 VESEY ST NEW YORK NY 10285 Plaintiff VS. STEVEN CLAY 1297 ASPER DR BOILING SPRING PA 17007 Defendant (s) NO. CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Mann Bracken LLP, and files this Complaint and in support avers as follows: 1. Plaintiff, AMERICAN EXPRESS, FSB located at, 200 VESEY ST NEW YORK NY 10285 2. Defendants, STEVEN CLAY is/are adult individual(s) with last known address(es) of 1297 ASPER DR BOILING SPRING PA 17007 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account (hereinafter - Account). 4. At all relevant times material hereto, Defendant(s) has/have been a regular user(s) of said Account for the purchase of products, goods, and/or for obtaining services. 5. Defendant(s) was/were provided with monthly statements showing all debits and credits for transactions on the Account to which there was no bona fide objection by Defendant(s). A Statement of Account summarizing the Account is attached hereto as Exhibit "A". PAC101/PACP7 FILE # 183660858 1 2219 0 6. Defendant(s) did not object to the above-mentioned statements submitted by Plaintiff and/or its assignors to Defendant(s). 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $ 16653.88. 8. Interest has accrued on the aforementioned balance at that rate of 6.00% per annum. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $ 1264.78. 10. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 11. Plaintiff performed any and all conditions precedent to the bringing of the this action. 12. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgmen in favor of the Plaintiff and against Defendant(s) in the amount of $ 16653.88, plus interest in the amount of $ 1264.78 , plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, David R.'Gallbwav # 7 26 ilip C. Warholic #86341 Sarah E. Ehas #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 MANN BRACKEN LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700 2 PAC102/PACP7 FILE # 183660858 2220 ., VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff who is located outside of this jurisdicition and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. -David R. Galloway #87326Milip C. Warholic #86341 Sarah E. Ehasz -#$Mobert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 PAVERF/PACP7 FILE # 183660858 EXHIBIT "All EXHA (10)09M8) c to o m y sy m o o g ?r : s z x c rn' H p O ;o O 5 O tin M ro w L? H L7 V M r~+ a n d n n < xl „ 4 O t?ff O W z yy yy n 2 4 Rl Y 'O b H O O C z n M z K ? H CJ tl 7roC y? 'h H hl t' G O N M 'U H H d o. o x 3 M 2 3 rn o Al M K K M .tl Z O M ro U d O z z H ro\ N r M 3 ro m b r H o H H' n0 M H # M i Hz M O N N O N M m O N w O r O 4 y '' O N {" J 4 ?'! tJ O O N N Jl T m N 'yy 'n W 4 M M O N r-' m O H • O O lT] J W N 47 fd M O co Lrl Ul M O O 4 \ M H m m ro :u O z O ?+ ny z °at m° w : J m a' N " + a a " r " ° n J ? i • O • O • A 46 • W 443 ~ H LS i r 7O " y ?7 1+ A ij ?i- i? r r r r r a] 0?l O 4 r r r 0 r w 00 r? 4~+ °m ° ° Q 41 ? M m i ? r r C Y O 10 Y „° C N r 7fWcOr ? N W O fi W Ww 70 . 10 ? O " N "C " • rD A ? ? M a s Y r-? r H d ? r r ` 1 r • r i r N O A O W v O 70u" Q r C? ?.y -r't -{? a ? ? --?+ ? -,-, O tV -'7 , ? i r ?, ?? + ,-G _ C.J J a C: ; Sheriffs Office of Cumberland County R Thomas Kline 9?,?,tr 01 1LU1jf6Pr/? F'Uwcuu L 0V11V1FF Sheri Solicitor ,`ter y S Smith Ronny R Anderson Jod Chief Deputy WILE of 74E SWERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/09/2009 03:18 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1518 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Steven Clay, by mak ng known unto Steven Clay personally, at 1207 Asper Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $35.20 (PAID) March 14, 2009 SO ANSWERS, R THOMAS KLIN?E, SHERIFF Deputy Sher. f f Docket No. 2009-1291 American Express, FS13 v Steven Clay £'? ?`'? +,o `r"t ...? y`'i 1?. i? ..? ' _ ? rr :;? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB 200 VESEY ST NEW YORK, NY 10285 CASE NO. 09-1291 [CIVILTERM] Plaintiff VS. STEVEN CLAY 1297 ASPER DRIVE BOILING SPRINGS, PA 17007 Defendant ANSWER TO COMPLAINT COMES NOW the Defendant in the above styled cause to answer the Plaintiff's Complaint as follows: Beginning in 2887, I have begun to get behind in credit card payments. As 1 tried to maintain a losing catch up battle, by summer 2887, I saw a lost war ahead of me. We contracted with Freedom Debt Relief (FDR) to help me negotiate and resolve my debt issues. I sent letters to my creditors asking to close the accounts and stating I Was trying to get back up on my feet. In February 2008 I separated from my wife; she moved out and I kept the kids with me. I have abided by FDR's direction to forward credit card company inquiries to them and their negotiators to help resolve my increasing debt issues. I have set up a monthly draft amount with them and have trusted them to help me out of this crisis. When entering the program with FDR, I did not nor do I expect to not owe anything to my creditors. I entrusted FDR to assist me via power of attorney to negotiate a merciful amount I can pay off using the monthly draft I pay FDR every month. I was instructed by FDR to stop making monthly payments to my creditors, including American Express, in accordance with their contracted negotiation plans. I was not aware of this suit against me and was assured,by FDR that they were and still are continuing to negotiate a settlement structure with American' Express. Dated this 20th of March, 2009 Respectfully Submitted, nat re o e e 0 nt CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US mail, postage pre-paid on this the ,day of , 2009. Defendant FILED-01=F!!-'E OF THE PRI 4,0NOT ARY 2009 MAR 20 P 1: 2 3 GU Il. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB, NO. 09-1291 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW STEVEN CLAY, Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes AMERICAN EXPRESS, FSB, by and through its attorneys, Mann Bracken, LLP, and files the within Motion for Judgment on the Pleadings, of which the following is a statement: 1. On or about March 2, 2009, Plaintiff filed a Complaint against Defendant seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "A." 2. On or about March 20, 2009, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached hereto, incorporated herein and marked as Plaintiff s Exhibit "B." 3. Defendant's Answer to Complaint did not contain New Matter to which Plaintiff needed to respond. 4. Defendant does not specifically address any of the numbered paragraphs of the Complaint. See Exhibit "B" as previously identified and incorporated herein. 5. Pennsylvania Rule of Civil Procedure 1029(b) states, "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." 6. Pennsylvania Rule of Civil Procedure 1029(b) further states, "a general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission." Neither 1029(c) nor 1029(e) are applicable to this matter. MB. 183660858 7. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 8. The pleadings filed of record show that no genuine issue of material fact exists to be tried. 9. Pursuant to Pa.R.Civ.P. 1034(b), this Plaintiff is entitled to judgment on the pleadings as a matter of law. WHEREFORE, Plaintiff AMERICAN EXPRESS, FSB, respectfully asks that this Honorable Court enter judgment in favor of Plaintiff and against Defendant Steven Clay in the amount of $13,669.24, which includes payments through May 11, 2009, plus the costs of this action and such other relief as this Honorable Court deems proper and just. Respectfully submitted, MANN BRACKEN, LLP David R. G oway Attorney ID o. 87326 4660 Trindle oad, Suite 300 Camp Hill, PA 17011 800-365-9054 Counsel for Plaintiff MB. 183660858 EXHIBIT "A" MB. 183660858 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l ICAN EXPRESS, FSB 200 VESEY ST i r + NjW YORK NY 10285 Plaintiff YS. EVEN CLAY 97 ASPER DR ILING SPRING PA 17007 Defendant(s) { Date: i NO. CA - la9l 04-V11 l+er-M CIVIL ACTION - LAW Ill ` Civil Complaint Filed on behalf of: Plaintiff, AMERICAN EXPRESS, FSB Counsel of record for this party. Davi hilip C. Warholic. #86341 Sarah E. E sz ,#86469/Robert N. Polas, Jr. 1201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P. C. 4660 Trindie Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 Telephone: (717) 303-6700' Counsel for Plaintiff C ' er - General PA;CVR/PACVR FILE # 183660858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA +RICAN EXPRESS, FSB NO. ? 2?O VESEY ST I NEW YORK NY 10285 Plaintiff I V CIVIL ACTION - LAW STEVEN CLAY 1J97 ASPER DR BOILING SPRING PA 17007 Defendant (s) i NOTICE I Y u 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 aid Notice are served, by entering a written appearance personally or by an attorney aid filing in writing with the Court your defenses or objections to the claims set f rth against you. You are warned that if you fail to do so, the case may proceed w thout you and a judgment may be entered against you by the Court without further n tice for any money claimed or any other claim or relief requested by the Plaintiff. Y u may lose money or property rights important to you. Y'U SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR C OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y U CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. II YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH I FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A R DUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 C1RNOT/PACP7 FILE # 183660858 i j IN THE COURT OF COMMON PLEAS OF CUMBERLAND AMERICAN EXPRESS, FSB I i i00 VESEY ST 4EW YORK NY 10285 Plaintiff I ! 9S. TEVEN CLAY l(297 ASPER DR BOILING SPRING PA 17007 i Defendant (s) NO. NOTICIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Lie han demandado a used an la torte. Si used quarere defensas de esas demandas puestas on las paginas, siguientes, used tiene viente (20) dias de plazo al partir 2a fecha de lademanda y la notifiation. Used debe presenter una apariencia e*crita o an persona o por abogado y archivar on la torte on forma escrita sus d*fensas o sus objeciones a last demandas an corta de su persona. Sea avisado quo s? used no se defienda, la torte tomara medidas y psedido entrar una orden contra used sin previo aviso o notification y por cualquier queja o alivio quo as pedido e? la petition de demands. Used puede perder dinero o sus propledades o otros d rechos importantes para used. VE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 8I NO.TIENE DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A: OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONNE SE PUEDE SEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800-990-9108 ACP7 FILE # 183660858 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND I AMERICAN EXPRESS, FSB i 2pO VESEY ST N?W YORK NY 10285 Plaintiff .,P. S EVEN CLAY 1 97 ASPER DR B ILING SPRING PA 17007 Defendant(s) NO. COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT J AND NOW, comes the Plaintiff, by and through its attorneys and the law firm ofJMann Bracken LLP, and files this Complaint and in support avers as follows: 1. Plaintiff, AMERICAN EXPRESS, FSB located at, 200 VESEY ST i NEW YORK NY 10285 2. Defendants, STEVEN CLAY , is/?Rre adult individual(s) with last known address(es) of 1297 ASPER DR BOILING SPRING PA 17007 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card acctunt (hereinafter - Account). 4. At all relevant times material hereto, Defendant(s) has/have been a regular use (s) of said Account for the purchase of products, goods, and/or for obtaining ser ices. 5. Defendant(s) was/were provided with monthly statements showing all debits and credits for transactions on the Account to which there was no bona fide objection e en ah ` s `. '7C"$f'atemen"£ `or AccouunY--submari 'tliN"'Rcc - - a as Ekhibit "A". PACT 1/PACP7 FILE # 183660858 1 L L I V 6. Defendant(s) did not object to the above-mentioned statements submitted by Plaintiff and/or its assignors to Defendant(s). 7. As of the date of this Complaint, the remaining balance due, owing and un?aid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $ 16653.88. $. Interest has accrued on the aforementioned balance at that rate of 6.00% ve? annum. 9. As of the date of the filing of this Complaint, the amount of interest which accrued is the sum of $ 1264.78. j 10. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned ac*ount balance, all to the damage and detriment of the Plaintiff. 11. Plaintiff performed any and all conditions precedent to the bringing of the this action. j 12. The amount in controversy is within the jurisdictional amount requiring co*pulsory arbitration. j WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgmen in favor of the Plaintiff and against Defendant(s) in the amount of $ 16653.88, pl s interest in the amount of $ 1264.78 , plus costs of this action and any other re ief as this Court deems just and reasonable. Respectfully Submitted, David R. Gal w 7 26 ilip C. Warholic #86341 Sarah E. Eha #86469/Robert N. Polas, Jr. #201259 Any F. Doyle #87062 MANN BRACKEN LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff b Abramson, LLP and Eskanos b Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700 I 2 P,0 02/PACP7 FILE # 183660858 zzlu 1 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff WL. is located outside of this jurisdicition and in order to file the within document i an expedient and timely manner, he/she is authorized to take this verification on b half of said Plaintiff in the within action and verifies that the statements made i the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. ` The undersigned understands that false statements herein are made subject to tle penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification td authorities. pavid R. Galloway #873267`lilip C. Warholic #86341 Sarah E. Ehaiz ??+a9nobert N. Polas, Jr. #201259 Amy F. Doyle #87062 Hann Bracken LLP / Counsel for Plaintiff The Successor by Merger to Wolpoff & Abramson, LLP and Eskanos S Adler, P. C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Fax: (717) 737-9051 414 l DWA POMMi) 1. 0 pt m gg 3 n "? D c` O M ti IS'1 M H O v H A 7 O ?yy O A y O i S x i ^07 1 ' Y 'OR y? Hm +1 t' G z ;? b %? to b \ tom.. M p 3 m .bv 70 to b y -a b ? ' AO O m O ?? ' H s -. m w ? ? w ? y ? o u M .i M c? Y m ?n Y m i 0 6 r N A \ O r N 2 0 • • A ae M, i o N. r O? y O N tl1 Y r N 2 w Y w? w W o 0 33 y • K d y O ? O r N O\ a? J. `? co N Ww ? 4 o y s O6 o O- w M m O V ?1 5,Z O ( ? m p Z ? yy? a ? ? m N O O a J D' ?S t ? ? o o • W M ql N 7i 7i qN ???111 ?7 • N e o . a o ? a ? .w. O a. r i o ° ° O1 ii o o - at W n N Y ?9 pp S ? W O W b ? W Y 1? • • O rA? C O M EXHIBIT "B" MB. 183660858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB 200 VESEY ST NEW YORK, NY 10285 CASE NO. 09-1291 [CIVILTERM] Plaintiff 1XD VS. Trs-?' r STEVEN CLAY C' 1297 ASPER DRIVE = BOILING SPRINGS, PA 17007 _ Defendant c?a ANSWER TO COMMAINT COMES NOW the Defendant in the above styled cause to answer the Plaintiffs Complaint as follows: Beginning in 2897, I have begun to get behind in credit card payments. As I tried to maintain a losing catch up battle, by summer 2987, I saw a lost war ahead of me. We contracted with Freedom Debt Relief (FDR) to help me negotiate and resolve my debt issues. I sent letters to my creditors asking to close the accounts and stating I was trying to get back up on my feet. In February 2008 I separated from my wife; she moved out and I kept the kids with me. I have abided by FDR's direction to forward credit card company inquiries to them and their negotiators to help resolve my increasing debt issues. I have set up a monthly draft amount with them and have trusted them to help me out of this crisis. When entering the program with FDR, I did not nor do I expect to not owe anything to my creditors. I entrusted FDR to assist me via power of attorney to negotiate a merciful amount I can pay off using the monthly draft I pay FDR every month. I was instructed by FDR to stop making monthly payments to my creditors, including American Express, in accordance with their contracted negotiation plans. I was not aware of this suit against me and was assured by FDR that they were and still are continuing to negotiate a settlement structure with American Express. Dated this 2e of March, 2009 Respectfully Submitted, CERTIFICATE OF SERVICE . of gnature en t I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US mail, postage pre-paid on this theaUday of, 2989. 4?0? t ry ?VN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB, NO. 09-1291 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW STEVEN CLAY, : Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this day of , 2009. MR. STEVEN CLAY 1297 ASPER DR BOILING SPRING, PA 17007 David R. G loway Attorney ID o. 87326 MANN BRA KEN, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 800-365-9054 Counsel for Plaintiff MB. 183660858 ,w. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) P,meriCo,n Cipr--e SS, ?-Sa , VS. 2)V;N n Ocu-.? No. M- lZq J , (i U I I Term State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.):-kck (n- i ly,,1 'Md?'lm 'f?Y 2. Identify all counsel who will argue cases: (a) for plaintiffs: and Address) (b) for defendants: (T) q,), Se (Name and Address) (ov l?' I ? top, ? ?- 3. 1 will notify all parties in writing within two days that this case has been listed for argument. _ 4. Argument Court Date: 2 Signature Print your name ? I cki"*4 Date: Attorney for 1 ?1 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB, Plaintiff VS STEVEN CLAY, Defendants(s), No. 09-1291 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Praecipe was served this date by Regular Mail, Postage Pre-Paid on this C day of 20-Eq STEVEN CLAY 1297 ASPER DR. BOILING SPRINGS, PA 17007 C. Warholic #86341 / David R. GOowav #873 The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Counsel for Plaintiff CA/AL € `.jTtPy ?uu9 t` '?Y 2. 2 f'i; I : i ~ f:- ii IN THE COURT OF COMM F ~~:~ ~ i CUMBERLAND COUNTY, PE AMERICAN EXPRESS CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CTTY, UT Plaintiff NO. ' `291 ' .- _ '~' ~` cam= i~Wiv ti~.:~'~t'. ~ ~ vs. STEVEN CLAY 1297 ASPER DRIVE BOII,ING SPRINGS, PA 17007 Defendant CNIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, American Express Centurion Bank, with regard to the above matter. Amy F. Doyle, Esquir PA Supreme Court ID 87062 Doyle Legal Services, LLC. 204 St. Charles Way, Unit E#177 York, PA 17402 717-812-1672 877-202-9420 206-203-3878 (facsimile) Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK NO. 09-1291 4315 SOUTH 2700 WEST SALT LAKE CITY, UT Plaintiff vs. CNIL ACTION -LAW STEVEN CLAY 1297 ASPER DRNE BOILING SPRINGS, PA 17007 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Entry of Appearance has been served upon the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this ~ day of February, 2010, to: STEVEN CLAY 1297 ASPER DRNE BOILING SPRINGS, PA 17007 ~' ~/ Amy F. Doyle, Esquu' PA Supreme Court ID 062 Doyle Legal Services, LLC. 204 St. Charles Way, Unit E#177 York, PA 17402 717-812-1672 877-202-9420 206-203-3878 (facsimile) Counsel for Plaintiff IN THE COURT OF .COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB NO. 09-1291 Plaintiff vs. :CIVIL ACTION -LAW STEVEN CLAY, Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-entitled cause as Paid and Satisfied. Amy F. Doyle, Esquir PA Supreme Court ID 87062 Doyle Legal Services, LLC. 204 St. Charles Way, Unit E#177 York, PA 17402 n N ~' `-;; 717-812-1672 -~-; ~ --~ 877-202-9420 r-; ~ r - C ~ ~" .~=~ r-- 206-203-3872 (facsimile) _ ~ ~ ~ N _;_, ,, _, Counsel for Plaintiff ` ~=' - ~ - ---, ,~ , ° ti _. _ _< r:. i r.,~, ; ~ ., ~~. ~` ~. OU ~ ,D~1/~ File: CLAY/STEVEN t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS, FSB NO. 09-1291 Plaintiff vs. :CIVIL ACTION -LAW STEVEN CLAY, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Praecipe to Satisfy Judgment has been served upon the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this '~~~ day of July, 2010, to: STEVEN CLAY 1297 ASPER DRIVE BOILING SPRINGS, PA 17007 Amy F. Doyle, E e PA Supreme Court ID 87062 Doyle Legal Services, LLC. 204 St. Charles Way, Unit E#177 York, PA 17402 717-812-1672 877-202-9420 206-203-3872 (facsimile) Counsel for Plaintiff