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Home My WebLink About09-2721Ar Our Fila No.: 209222 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. KELBY BERRIER 128 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - c2ga-U NOTICE 0, "1 ? ( - le r,, 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 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 ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 209222 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. KELBY BERRIER 128 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07- -2721 ox?-j 1-ul CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are KELBY BERRIER, an adult individual residing at 128 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3772-226128-41002. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $21,585.94. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. A. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $21,585.94 and iequests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaas BY: Dated: 4/27/2009 NTES, P.C. Collection David J. ApotTi'l cer, Esquire Our File No.: 209222 ti VERIFICATION David J. Mthaker, Esquire, EM. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A'490 relating to unsworn falsification to authorities. David J. AIZ5 aker, Esquire Attorney for Plaintiff DATE: 4/27/2009 AMERICAN EXPRESS CENTURION BANK KELBY BERRIER 128 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: KELBY BERRIER Account Number: 3772-226128-41002 Balance Due: $21,585.94 ; . , Our File No.: 209222 EXHIBIT "A" O r T ; ;; r R ,, ,Tv ,F 2Ul0d f, 30 PH { : 4 I $'18.50 Pa A7r4 av_*13(W ey -.Uq49q Sheriffs Office of Cumberland County R Thomas Kline fir of ?,,r; 6rry Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE CIF ' SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/05/2009 08:00 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 5, 2009 at 2000 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kelby Berrier, by making known unto himself personally, defendant at 128 Shippensburc Moble Est. Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $45.10 SO ANSWERS, ?j May 06, 2009 2009-2721 American Express Centurion Bank VS Kelby Berrier R THOMAS KLINE, SHERIFF Dep S riff C7. C=D -17 7 0 i t p M Q " P 1.D < ... --6 IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA American Express Centurion Bank, ) Plaintiff, ) Vs. ) Case No. 09-2721 Civil Term Kelby Berrier, ) Defendant. } Defendant's Answer Comes now the Defendant, Kelby Berrier, and for cause, states the following: 1. Defendant denies all of the material allegations contained in Plaintiff's complaint and demands strict proof thereof. 2. Plaintiff has further failed to state a claim upon which relief can be granted. 3. Defendant further asserts the following affirmative defenses: A. Statute of Frauds B. Failure of Consideration C. Accord & Satisfaction/Setoff D. Uniform Commercial Code 4. Defendant intends Discovery pursuant to the Pennsylvania Rules of Civil Procedure. Prepared and submitted by: + Kelby Berner 5 _ j a _O? Certificate of Service I, Kelby Berrier, certify that on / 05 , 2009, I mailed a true and correct copy of the above and foregoing Answer via first class mail, postage prepaid to: Apothaker & Associates, PC, 520 Fellowship Rd C306, Mount Laurel, NJ 08054. Kelby Berner 2 NO v In- Our file No : 209222 APOT R & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney 1.1 ).# 38670 520 Fellow hip Road C306 Mount La el, NJ 08054 (800) 672-0 215 Attorneys r Plaintiff EXPRESS CENTURION BANK Plaintiff, VS. KELBY B COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-2721 Civil Action Defendant. ANSWER TO NEW MATTER PI ntiff, AMERICAN EXPRESS CENTURION BANK, by and through their attorney, answers th following New Matter: 2. De 'ed. Plaintiff's Complaint brings a valid Cause of Action against Defendant. 3. a. Denied. Plaintiff's claim is not barred by the Statute of Frauds. b. Denied. Plaintiffs claim does not fail for lack of consideration. c. Denied. Plaintiffs claim is not barred by the Doctrine of Accord and Satisfaction or d. Denied. Plaintiff has not committed any violation of the Uniform Commercial Code. 4. No responsive pleading is required. r Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Eneaged in Debt Collection BY: DATED: May 19, 2009 ? y VERIFICATION Jordan W. elzer. E uire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are a and correct to the best of my knowledge, information, and belief. The undersigned understand; that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to i falsification to authorities. W. Felzer, Esquire ,v for Plaintiff DATE: 5AI912009 S . 40 Our file No : 209222 APO R & ASSOCIATES, P.C. BY: Jorldar, W. Felzer, Esquire Attorney I. .# 38670 520 Fellow hip Road C306 Mount La el, NJ 08054 (800) 672-(215 Attorneys f r Plaintiff BANK VS. KELBY B COURT OF COMMON PLEAS OF EXPRESS CENTURION ) CUMBERLAND COUNTY DOCKET NO.: 09-2721 Plaintiff, ) Civil Action RIER ) Defendant. ) CERTIFICATION OF SERVICE I, W. Felzer, Esquire, attorney for Plaintiff, certify that on 5/19/2009, I mailed a copy of th? Answer to New Matter by Regular mail to KELBY B RRIER 128 SHIP ENSBURG MOBILE EST SHIPPEN BURG. PA 17257 7Felzer, Esquire for Plaintiff Date: 5/1 7 THE 21, ,9 r t 4 i 2 P r1 <." 4 J