HomeMy WebLinkAbout09-22971JJL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
AMERICAN EXPRESS CENTURION BANK
200 VESEY ST
NEW YORK NY 10285
Plaintiff
VS.
TALAT SHAH
647 CUMBERLAND POINTE
MECHANICSBURG PA 17055
Defendant (s)
Civil Complaint
Filed on behalf of:
COUNTY, PENNSYLVANIA
NO. ON - c;&97 O,vii -tern
CIVIL ACTION - LAW
Plaintiff, AMERICAN EXPRESS CENTURION BANK
Counsel of record for this party.
Date: 7 ?( f
David R. Galloway (873260 i ip . Warholic 863
Sarah E. Ehasz #864691"o ert 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: 866-253-0128 Fax: (717) 737-9051
Counsel for Plaintiff
Cover - General
PACVR/PACVR FILE # 184581614
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK
200 VESEY ST
NEW YORK NY 10285
Plaintiff
VS.
TALAT SHAH
647 CUMBERLAND POINTE
MECHANICSBURG PA 17055
Defendant (s)
NO.
CIVIL ACTION - LAW
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 # 184581614
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK NO.
200 VESEY ST
NEW YORK NY 10285
Plaintiff
VS. CIVIL ACTION - LAW
TALAT SHAH
647 CUMBERLAND POINTE
MECHANICSBURG PA 17055
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 notifia.tion. 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. S3 NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAY-1 EN PERSONA 0 LLAKE 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 # 184581614
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK
200 VESEY ST
NEW YORK NY 10285
Plaintiff
VS.
TALAT SHAH
647 CUMBERLAND POINTE
MECHANICSBURG PA 17055
Defendant(s)
NO.
COMPLAINT
CIVIL ACTION - LAW
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 CENTURION BANK
located at, 200 VESEY ST
NEW YORK NY 10285
2. Defendants, TALAT SHAH
is/are adult individual(s) with last known address(es) of
647 CUMBERLAND POINTE
MECHANICSBURG PA 17055
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".
1
PAC101/PACP7 FILE # 184581614
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 $ 3866.17.
8. Interest has accrued on the aforementioned balance at that rate of 10.00%
per annum.
9. As of the date of the filing of this Complaint, the amount of interest which
has accrued is the sum of $ 21.18.
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 $ 3866.17,
plus interest in the amount of $ 21.18 , plus costs of this action and any other
relief as this Court deems just and reasonable.
Respectfully Submitted,
vV
David R. 4Ehasz #87326/ clip C. Warholic #8
Sarah E. #86469/Ro er o , r. #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 / 866-253-0128
2
PAC102/PACP7 FILE # 184581614
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 ##7326 =1 . Warholic
Sarah E. Ehasz #86469/KODert olas, 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: 866-253-0128 Fax: (717) 737-9051
PAVERF/PACP7 FILE # 184581614
EXHIBIT "A"
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FILFleE
OF THE F? ? 1 fc)?J?7AR1r
2009 APR 13 PM 1: 58
cuh,?
$h8 6o Pa AMY
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Sheriffs Office of Cumberland County
R Thomas Kline 10101tr of cumbrrf.74# Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFF iC.E F'. E S"EAIFr Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/15/2009 10:45 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 15,
2009 at 1045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Talat Shah, by making known unto Sobia Shah, sister of defendant, at 647 Cumberland
Pointe Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same
time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.80
SO ANSWER
jloo? April 16, 2009
R THOMAS KLINE, SHERIFF
Deputy Sheriff
Docket No. 2009-2297
American Express v Talat Shah
ALED-j: -rIC'E
CAF THE P11"."! -"'V0TkRy
2009 APR 20 AM 0: 49
1
-0
IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
Plaintiff,
American Express Centurion Bank
VS.
Talat A. Shah
Defendant
File Number:/1845816141
Oq - aaq -7 Civil Term
ANSWM TO cowLana
Your Honor,
The Plaintiff filed a legal complaint to sue me for "neglecting"
to repay my credit card debt in the amount of $3866.17 with American
Express. I obtained this credit card to fulfill basic needs related to
educational or personal necessities. These include: textbooks,
groceries, clothing, college expenses, etc. When first contacted by
the plaintiff's attorney, I was told that I was in good-standing with
the Plaintiff, American Express, and making payments on-time since I
received the credit card. I have not, and do not intend to ignore or
neglect my responsibility to repay my debt to this creditor. However,
recently, I have been experiencing financial troubles and hard times.
I am a full-time college student at an accredited university. Further,
I am unemployed as of December 2008, and my student loans are at an
estimate of $40, 000. My parents pay for the differences in my
tuition, living expenses and all other expenditures for myself and my
other 3 siblings. I have one sister who attends the same university,
and one who recently graduated last May 2008. My father works and
lives in New York, my mother, 3 sisters, and grandmother live in town,
and I live off-campus in an apartment 2 hours away. The tuition, rent
payments, and household expenses my family has to endure is triple
that of a normal family. We have been living this way for several
years now since I started college 3 years ago. Even through all this,
I tried to manage ways to pay off my creditor. However, recently, the
financial constraint has become too burdensome. I have repeatedly
informed the Plaintiff and the debt collection agency for American
Express that represents them, in calls as well as in writing, that I
am undergoing extreme financial hardship. I cannot afford to repay
this credit card with such high interest rates continuing to accrue
monthly. In order to pay off our debts, and avoid bankruptcy, my
- .
family and I elected to participate in a debt relief program. We
notified the Plaintiff of our enrollment in this debt relief program
in writing and verbally. I also discussed this action with the
defendant's attorney over the phone.
I have enrolled in Freedom Debt Relief in order to improve my
financial situations, rid myself of debt by being able to repay them a
reasonable, settled amount, which I am able to afford. I am regularly
making monthly payments to Freedom Debt Relief so that they may be
able to repay my debts on my behalf to my creditors. I am working
with Freedom Debt Relief to resolve my accounts outside of court. I
am disputing the dollar amount being charged to me due to the high
interest rate on the card, and excessive fees.
Your Honor, please accept my request to allot my representatives
at Freedom Debt Relief an extended time period to resolve my account
with the Plaintiff. Additionally, the Plaintiff's attorneys' office
continues to call and harass my family members at my home while I am
away at college. The calls come seven to ten times a day regarding my
account even since the lawsuit has been filed and continuously become
degrading and harassing in tone and verbiage. Please request the
Plaintiff to cease these calls and possibly cooperate and negotiate
settlement amounts with the Freedom Debt Relief representatives.
Dated this May 1, 2009
Respectfully Submitted,
Si ure of fendant
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I have served the Plaintiff or
its attorney with a copy of this pleading by U.S. mail, postage pre-
paid, on this the 1st day of May 2009.
V De dant
OF THE t i 'I? - !,,!!, APY
2,009 MAY -1 PM ?r • 0 3
? t4c
14361
i J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
AMERICAN EXPRESS CENTURION BANK
Plaintiff
VS.
TALAT SHAH
Defendant (s)
COUNTY, PENNSYLVANIA
: No. 09-2297
CIVIL ACTION - LAW
PRAECIPE TO SETTLE, DISCONTINUE, AND END
To the Protonotary:
Please mark the above-captioned action as settled, discontinued, and ended.
Respectfully Submitted,
Date: 6 I
By:
9&v4 D X&1j wa #87326 ilip C. Warholic #86341
Sarah E. Ehasz 7 Robert N. Polas, Jr. #201259
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: 866-253-0128 Fax: (717) 737-9051
PRAECW/PA176A FILE # 184581614
OF THE ?y
2009 JUt_ ' ('r` 2: t13
14371
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
AMERICAN EXPRESS CENTURION BANK
Plaintiff
VS.
TALAT SHAH
Defendant (s)
CERTIFICATE OF SERVICE
COUNTY, PENNSYLVANIA
: No. 09-2297
CIVIL ACTION - LAW
The undersigned does hereby certify that a true and correct copy of the Praecipe
was served upon the individual(s) listed below by Regular Mail, Postage Pre-Paid on
:1 t3 101--)
FREEDOM DEBT RELIEF
1875 South Grant Street
Suite 400
SAN MATEO CA 94402
David R. GaLlyxay #87326/ ilip C. Warholic #86341
Sarah E. Ehasz Robert N. Polas, Jr. #201259
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: 866-253-0128 Fax: (717) 737-9051
PACERP/PA176A FILE # 184581614
[ _ M
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