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Home My WebLink About13-1019Our File No.: 343487 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, vs. ANN SHOWVER 99 PINE CREEK DR CARLISLE, PA 17013 Defendant. =~'3 F~ 22 P~~ I ~ ~8 ~ur~a~r~..a~~a caa=~a~r*~° ~''c~~SYLVAPt1~ COURT OF COMMON PLEAS CUMBERLANDI COUNTY l :13~~ 9 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 Cv/ nM~ ~1a.3.7.S~x/a~ Vy~l~#-73sr~3 ~ 2 ~ as~,s~3 Our File No.: 343487 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: vs. ANN SHOWVER 99 PINE CREEK DR CARLISLE, PA 17013 Defendant. CIVIL ACTION COMPLAINT FIItST COUNT 1. Plaintiff is American Express Centurion Bank ("Plaintiff'), a state chartered industrial loan bank chartered in the state of Utah with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is/are ANN SHOWVER ("Defendant"), an adult individual residing at 99 PINE CREEK DR CARLISLE, PA 17013. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 1002. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $8,131.82. 9. Documentation evidencing the amount due is attached hereto and incorporated by reference herein. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,131.82 and requests this Court award costs and statutory interest to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f P intiff A Law Firm En~a~ i Debt Collectiot BY: David J. Our File No.: 343487 343487/LI VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ant Name Date: Z ~~ L7ANIELI..E C~IIOW~I„~ ASSISTANT CUSTODIAN OF RECORDS Defendant's Name: ANN SHOWVER Account Number: ending in 1002 AMERt[41VBlue from American Express s"^ E%PRESS ANN BROWNER ' Closing Date 04/20/12 New Balance $8,131.82 Minimum Payment Due $1,166.00 Includes the past due amount of 51,003.00 Payment Due Date 05/15/12 Latc Payment Warning: If we do not receiveyour Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27,24%. ~- See page 2 for important information aboutyouraccount. See Page 5 for Important Changes to Your Account Terms and Benefits p. 1/6 Account Ending 002 Eam points on all of your purchases, everywhereyou use the Card. Visit www.americanexpress.com/rewards _ _. _ __ Account Summary i Previous Balance Payments/Credits New Charges Fees 'j ! Interest Charged !~ NawBalancc MinimumPaymorttDue Credit Limit i AvailableCredit i Cash Advance Limit i Available Cash This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the ', Daysin Billing Period: 30 Minimum Payment Due, your account is in default and the balance is due `------- ------------------- - --- infull. Customer Care + Pleasefold on the perforation below, detach and returnwith your payment ~ Pay by Computer americanexpress.com/pbc ;~ __J Customer Caro Pay by Phorw 1-888-258-3741 1-800-472-9297 See Paget for additional information PaymarrtCoupon PaybyComputor PaybyPfiorw Do not staple or use paper clips amencanexpress.com/pbc 1-800-472A297 ~rll~rllr~lulr'I~Illlllrlllllll~lrurl'I~II~II'llll~l~~~~l'~I'll ANN BROWNER 99 PINE CREEK DR CARLISLE PA 17013-9671 Aaourtt Endir~ 002 Enter account number on all documents. Make check payab le to American Express. Payment Due Date OSl15N 2 New Balance 58,131.82 Minimum Payment Due 51,166.00 lullll'I'~'~~'I'I'11'Ilh~nl~lll~rlr~ll~llnlrlllll~l~ll~lrl~l~ AMERICAN IXPRESS 5 • ^ Check hereifyouraddressor AmourttEndosad phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK N1 071 01-1 270 $8,131.82 -$0.00 +$0.00 +$0.00 +$0.00 58,131.82 $1,166.00 $ 7,800.00 $0.00 $0.00 $0.00 • ANN SHOWVER Account Ending~002 p. 2!6 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that addressto be credited as of the day it is received. PaymentswereceiveafterSp.m.willnotbecreditedtoyourAccountuntilthenextday. Payments mustaLo: {1} includethe remittance coupon from yourstatement;(2) be madewith asinglecheckdrawnon a US bank and payable in US dollars,orwith a negotiable instrument payable in US dollarsand clearablethrough the US banking system; and (3) include your Account number. Ifyour payment does not meet all ofthe above requirements,crediting may be delayed and you may incur late paymentfees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearablethrough the US banking system. If we accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required bylaw. Pleasedo not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a paymentwe accept will have no effect on uswrthout our express priorwritten approval. We will re-presentto your financial institution anypayment that is returned unpaid. Permissionfor Electronic Withdrawal: (1 }When you send a check for payment, you g ive us permission to eledronicallywithdraw your payment from your deposit or other assetaccount. We will processchecks electronically bytransmittinq the amount ofthe check, routing number, account number and checkserialnumbertoyourfinancialinstitution,untessthecheckisnotprocessableelectronicallyoralesscostlyprocessisavailable. When we process you r check electronically, you r payment may be withdrawn from your deposit or other assetaccount as soon as the same day we receive your check, and you will not receive that cancelled checkwith you r deposit or other assetaccount statement. Ifwe cannot tolled the funds electronically we mayissueadraftagainstyourdepositorotherassetaccountfortheamountofthecheck. (2)ByusingPayByComputer,PayByPhoneoranyother electronic payment serviceof ours, you give us permission to electronicallywithdrawfunds from the deposit or otherassetaccount you specify in the amount you request. Payments using such servicesof ours received after 8:00 p.m. MST may not be credited until the next day. How WeCakkltirtaYourBalance We use the Average Daily Balance{ADB)method(includingnewtransadions)tocalculatethebalanceon which we charge interest on your Account. Call the Customer Service n umber l fisted below for more i nformation aboutth is balance computation method and how resulting interestchargesaredetermined. The method we usetofiguretheADBandinterestresultslndailycompaundingofinterest. Payinglntel1'lstYourduedateisatleast25daysafterthecloseofeachbillingperiod. We will notchargeyouinterestonyourpurchasesifyoupaytfie New Balance by the due date each month. We willchargeyouinterestoncashadvancesand(unlessotherwisedisclosed)balancetransfersbeginning on the transaction date. Foreign CurrertcyCharges: ffyou makes Charge in a foreign currency, we will convert it into US dollars on the date we or our agentr process it. WewAl dluwgeafeeof 2.76 of theconvortad US doBaramourtt We will choose a conversion ratethat is acceptable to us for that date, unless a particular rate is required by law. Theconversion ratewe use is nomorethan the highest official rate published by a government agencyorthe highest interbank ratewe identifyfrom customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the dateafyourcharge. Charges converted by establishments (such as airlines}will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the sa-month period following the date of the first statement indicating the credit balanceyou do not request a refund or charge enough to use up the credR balance, we will send you a check forthe credit balancewithin 30 days ifthe amount is 51.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in yourcredit report. New Yorkresidents maycontadthe New York Banking Departmentto obtain a comparative listing of credit card rates fees and grace periods by calling 1800-518-8866. Customer Care& Billing Inquiries IntsmadonalCdlect Large Rint& Braille5tatements Express Cash 1-888-BLUE-741 Hearinglmpaired 1-888-258-3741 TTY:1-800-221-9950 1-336-393-1111 F/iX:1-800-695-9090 1-888-BLUE-741 In NY:1-800-522-1897 1-88B-258-3741 1-800{ASH-NOW ChangeofAddress If correct on front, do not use • To change yoursddress online, visitwww.americanexprcss.com/updaiecontactinfo • For Name, Company Name, and Foreign Address orPhorx changes, please call Cusromer Care • Pleax print desdy in blue or blade ink only in the: boxes provided. Street Address City, Stan Zip Code Ara Code and Home Phone Ara Code and work Phone Email Websit~ americanexpress.com MobileSite: amexmobile.com Customer Carom & Bill~g Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 __ _ _; Pay Your Bill with AtrtoPay • Avoid latefees • Savetime Deduct you r payment from your bank account automaticallyeach month Visitamericaraxpress.com/autopsy todayto enroll. :_ ___....._........... ___... ---___..._....__._....J i I Forinformation on how we protect your privacy and ro set your communication and privacy chdces, please visit www.am eri canarpresa.com/pmacy. ~t=R,~ • Blue from American Express"' EXPRESS ANN SHOWVER • Closing Date 04!20!12 p. 3/6 Account Ending.002 Amours Total Fees for this Period 50.00 Interest Charged ;~ Amount Total InterestChargedfar this Period 50.00 2012 Fees and Interest Totals Year-to-Date -__....._ _._____ ____..__. __._..__. Amount Total Fees in 2012 ~ ~ -~ - .•25.00-. Totallnterestin 2012 $100.82 lnt®rest Charge Calculation ~, Your Annual Percentage Rate (APR} is the annual interest rate on your account. Annual BalanceSubject Interest PercerrtageRaRe to IntarastNata Charge Purchases 15.24% (v) $0.00 $0.00 Cash Advances 252496 (v) $0.00 $0.00 Total 50.00 (v) Variable Rate ' ANN BROWNER Account Ending~002 p.4l6 ~~~ .Blue from American Express"' ' p. 5/6 EXPf2E55 ANN BROWNER ' Closing Date 04/20/12 Account Ending~002 Summary of Changes We're making changes to how some American Express cards and benefits work. These changes go into effect on July 1, 2012 unless otherwise noted. The table below summarizes changes that affect your card account and benefits. See the reverse side of this page for changes to relevant legal agreements. Minimum Payment Due The minimum amount due will generally be 1% of your New Balance plus finance charges, but not less than $35. The new calculation is shown in the Minimum Payment Due section on the reverse side. This change may increase your minimum monthly payment. If you make automatic payments in a fixed amount, please review your statements and adjust your payments as necessary. State Law Changes We're making some amendments to address various state laws. Membership Rewards If you forFeit points for making a late payment, you may choose to reinstate them Reinstatement Fee for$35 (previously, $29). See the reverse side for fhe Detail of Changes to Your Agreements. SBL42 BP/CCSGBLU/0412 ' ANN SNOWVER Account Ending~1002 P. 6~6 Detail of Changes to Your Agreements We're revising agreements governing your account terms and benefits as described below. Any language in your agreements that conflicts with these changes is replaced fully and completely. Language not changed by this notice remains in full force and effect. These changes apply to existing and future balances on your account. We encourage you to read this notice, share it with additional cardmembers on your account, and file it for future reference. Minimum Payment Effective July 1, 2012, the Adjusting your Minimum Payment Due section in Part 2 of your Cardmember Agreement is deleted and the How we calculate your Minimum Paymenf Due section is replaced with: To calculate the Minimum Payment Due for each statement, we start with the higher of: 1 } interest charged on the statement plus 1 % of the New Balance (excluding any overlimit amount, penalty fees and interest on the statement); or 2} $35. Then we add any penalty fees shown on the statement and 1/24th of any overlimit amount, round to the nearest dollar, and add any amount past due. Your Minimum Payment Due may also inGude any additional amount specified in a promotional offer. Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time. EXAMPLE: Assume that your New Balance is $3, 000, interest is $29.57, and you have no overlimit amount, penalty fees, oramounts past due. 1) $29.57 + 19b x ($3, 000 - $29.57) _ $59.27 2) $35 The higher of (i) or (2) is $59.27, which rounds to $59.00. State Law Changes Effective July 1, 2012, we're adding "to the extent permitted by federal and applicable state law" immediately after ~~ we may m the second sentence of the About default subsection in Part 2 of your Cardmember Agreement. We're also adding the following sentence to the end of the first paragraph of the Governing Law subsection: "In addition, if your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to your account, we elect to offer your card account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article." Membership Rewards Reinstatement Fee Effective July 1, 2012, in Paragraph 2 of the Point Forfeiture for Late Payment section of the Membership Rewards Terms & Conditions, "$29" is replaced with "$35". SBL42 BPiCCSGBLU10412 Our File No.: 343487 APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire M13 MAR 22 PM 1: 21 Attorney I.D.# 38423 {iy, 520 Fellowship Road C306 R' AUD COUNTY Mount Laurel,NJ 08054 € ENNS` 1 VANIA (800) 672-0215 Attorney for Plaintiff AMERICAN EXPRESS CENTURION ) COURT OF COMMON PLEAS BANK ) CUMBERLAND COUNTY Plaintiff, ) VS. ) NO. 13-1019 CIVIL ANN SHOWVER ) Defendant. ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER&ASS I TES, P.C. Attorneys for ain ff A Law Firm Engaged ' De t Collection By: David J. Apotha r, ire k Q 3 4 3 4 8 7 D I S N 1 -