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HomeMy WebLinkAbout09-3727.A Our File No.: 214838 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 ESTATES SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: oq - W19LI Civ? I terM 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 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.: 214838 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#3$423 . 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 ESTATES SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: p9. 37a7 &uj TaK CIVIL ACTION COMPLAINT FIRST COUNT I . 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 ESTATES, SHIPPENSBURG, PA 17257. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3772-538856-61009. 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 $8,880.66. 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. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,880.66 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for P ff A Law Firm EngagedIfn D 6t Collection BY: David J. Apo ce , squire Dated: 6/1/2009 Our File No.: 214838 VERIFICATION l David J. Apothaker Esquire Esa 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 .490 relating to unworn falsification to authorities. David X_Apbtcer, Esquire Attorney-Tor or Plaintiff DATE: 6/1/2009 AMERICAN EXPRESS CENTURION BANK KELBY BERRIER 128 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: KELBY BERRIER Account Number: 3772-538856-61009 Balance Due: $8,880.66 Our File No.: 214838 EXHIBIT "A" Q OF 7Nf PR'jD- pWrf 1009 JUN -5 PH 1: 29 PE;,'YCV 413.50 PO An%i Cif,-* 1540 440 44 0ujoal s Sheriffs Office of Cumberland County R Thomas Kline „ tr of tifmb? Edward L Schorpp Sheri LOIN f ?$ Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF rr?E ,4ERI"F Civil Process Sergeant American Express Centurion Bank vs. Kelby Berrier Case Number 2009-3727 SHERIFF'S RETURN OF SERVICE 06/29/2009 08:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 2030 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 herself personally, defendant at 128 Shippensburg Mobile Estates Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $64.00 June 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF D y Sheriff 0 ? c. © J r 7 4- p ' J. IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA American Express Centurion Bank, ) Plaintiff, ) Vs. ) Kelby Berrier, ) Defendant. ) Case No. 09-3727 Civil Term Defendant's Answer Comes now the Defendant, Kelby Berner, 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 Berrier Certificate of Service 1, Kelby Berrier, certify that on Tu i y a na , 2009, I mailed it 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. XIb erri er 2 RLEL14DI-` ;,ti E OF THE;, .ATV! 2009 JUL -2 PM 42: 42 //11 '1r to 1 E Nl'•i..)?I?L,arf°?I-Eire, IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA American Express Centurion Bank, Plaintiff, Vs ) Case No. 09-3727 Civil Term ~ . Kelby Berrier, ) L~' ~ ~ ,-- T ~x- ~ 9 Defendant i ) ~'± T- W ~ ~ ' ~ . ~ t-- - . _, - ~~ .:- _ _.,. _. ~ - - ~ c= ~. .~ Dear Clerk, --~ -` Please file this with Case number 09-3727. Defendant, Kelby Bernier, objects to the Plaintiff waiving oral argument. Thank You, Kelb errier ~ _ 8, io ~pIAL Our File No.: 214838 AMERICAN EMPRESS CENTURION ) BANK ) Plaintiff ) vs. ) KELBY BERRIER ) Defendant NO.: 09-3727 ,.:- .~, :-- , , r ; ._ . , 'x(31 ~1 ~ ~.. ;':,; ~; ~ t ~ ~ 4 r + ,'',', ~yvi + r f PRAECTP~ FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Motion for Summary Judgment 2. Counsel who will azgu~ cases: Beniamin J. Cavallazo Esquire KELBY BERRIER. Pro Se Attorney for Plaintiff ', 520 Fellowship Road C306 128 SHIPPENSBURG MOBILE ESTATES Mount Laurel, NJ 08054 SHIPPENSBURG, PA 17257 (800)672-0215 3. I will notify all parties iri writing within two days that this case has been listed for argument. 4. Argument Court Date: l'~1ext Available. BY: njamin Cavallazo, Esquire Attorney for Plaintiff Dated: July 29, 2010 INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothdnry) before argument. 2. The moving party shall ile and serve their brief 12 days prior to argument. 3. The responding party ~,sl~all file their brief 5 days prior to argument. 4. ff argument is conti~u new briefs must be filed with the COURT ADMINISTRAT (not the Prothonotary) after the case is relisted. !,i AMERICAN EXPRESS CENTURION BANK, PLAINTIFF V. KELBY BERRIER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3727 CIVIL IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, J. AND EBERT J. ORDER OF COURT AND NOW, this 14th day of October, 2010, upon consideration of the Defendant's "Notice of Motion and Motion for Summary Judgment, Pa.R.C.P. 1035(b)," the Defendant's Memorandum of Law attached thereto, the Plaintiff's brief in response to Defendant's Motion for Summary Judgment, and after oral argument at which the Defendant chose not to appear; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion for Summary Judgment is DENIED. By the Court, ~jamin J. Cavallaro, Esquire Attorney for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 elby Berner Defendant 128 Shippensburg Mobile Estates Shippensburg, PA 17257 bas A ~'~ c~es rn~.c~ lDl6<G ~d ~~ M. L. Ebert, Jr., J. ~~ . ~, ~,t _; ~ _~ ,.,... ';y ~ ~- ~ {'t'p . ~ `~ W ~ .~.~ IN THE COURT OF COMMON PLEAS, COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA American Express Centurion Bank, ) c - Plaintiff, ) car rv -=52 ---- - ) 4 Z %0 C) Vs. No. 09-3727 Civil Term A E,, rn ----- ier, Defendant. ) CERTIFICATE OF SERVICE I, Kelby D. Berrier, hereby certify that a true and correct copy of the foregoing objection and affidavit were sent to Plaintiff, by first class mail addressed to the Kimberly F. Scian, at 520 Fellowship Road, C306, Mt. Laurel, NJ 08054 via first class mail this ,day of November, 2010. By: i Our File No.: 214838 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff AMERICAN EXPRESS CENTURION ) BANK ) } Plaintiff, ) VS. ) KELBY BERRIER ) Defendant. ) FILED-OFFICE OF THE PROTHONOTARY 2011 1: 4 9 jk'TY CL MC Y! ", COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2009-3727 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Scian, Esquire Dated: January 7, 2011