HomeMy WebLinkAbout14-6688 Co.,", } � ?!ennsylvania
Supreme
Cot! I d`hm, Pleas For Prothonotary Use Only: f
Cl[il 'ver Sheet
,� :�� x Docket No:
cuMs�E�i�ly� C ,
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules ofcourt.
Fc,ommencement of Action:
S Complaint 0 Writ of Summons 0 Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
AMERICAN EXPRESS CENTURION BANK CARY KLOUSER
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? ER Yes 0 No
{check one} 0ou tside arbitration limits
0
N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes 1D No
A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
J Motor Vehicle 1 Debt Collection:Other 0 Board of Elections
0 Nuisance ® Dept.of Transportation
Premises Liability ® Statutory Appeal:Other
S 0 Product Liability (does not include 0 Employment Dispute:
E mass tort)
0 Slander/Libel/Defamation Discrimination
C 0 Other: 0 Employment Dispute:Other 0 Zoning Board
0 Other:
T
I 0 Other:
o MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
0 Other:
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent Mandamus
Landlord/Tenant Dispute Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical Other:
0 Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI `
AMERICAN EXPRESS
CENTURION BANK
4315 SOUTH 2700 WEST
SALT LAKE CITY,UT 84184
PLAINTIFFT;
CARY KLOUSER
730 INDIANA AVE
LEMOYNE PA 17043 .�
DEFENDANT(S)
NOTICE TO DEFEND
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 is served, by
entering a written appearance,personally of 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.
HAVE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYERCE SET FORTH BELOW.DTOHISO OFFICE
A LAWYER, GO TO OR TELEPHONE THE OFF
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAW OFFICEER, THIS HAT MAY OFFERABL
EGAL
E TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Cty Lawyer Referral Service
32 South Bedford Street
Carlisle,PA 17013
800/990-9108
2
FILE NO. 10009107 & CUBS NO. 179215 �� 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
AMERICAN EXPRESS NO.
CENTURION BANK
4315 SOUTH 2700 WEST
SALT LAKE CITY,UT 84184
PLAINTIFF
vs.
CARY KLOUSER
730 INDIANA AVE
LEMOYNE PA 17043
DEFENDANT(S)
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender
cdnta la demanda
s qua
puestas en las siguientes paginas,usted tienen que tomar accion dentro ( ) as
esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra usted. Usted es advertido que si falla de e sin mas aviso por cualquier dinero reclamado
juzgamiento puede ser entrado conta usted por la Cort
en la Demanda o por cualquier otro reclamo o alivio sol tado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
TIEN
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADOE OF GUIDA. SI USTED CINA IJADA AQUI OABAJOE
UN ABOGADO, VAYA O LLAME POR TELEFONOA
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, E A OFICINA R SE PUEDE
PCIOSR EGALRA
INFORMACION ACERCA AGENCIAS. QUE PU
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Cumberland Cty Lawyer Referral Service
32 South Bedford Street
Carlisle,PA 17013
800/990-9108
FILE NO. 10009107 & CUBS NO. 179215
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS NO.
CENTURION BANK
4315 SOUTH 2700 WEST
SALT LAKE CITY,UT 84184
PLAINTIFF
VS.
CARY KLOUSER
730 INDIANA AVE
LEMOYNE PA 17043
DEFENDANT(S)
COMPLAINT
1. The Plaintiff is American Express, Centurion Bank(hereafter"American Express")with
a place of business located at 4315 South 2700 West, Salt Lake City,UT 84184.
2. The Defendant, CARY KLOUSER, is an adult individual, residing at 730 INDIANA
AVE,LEMOYNE PA 17043, CUMBERLAND County.
3. At all relevant times, American Express Centurion Bank was, and is, a bank chartered
under the laws of the State of Utah.
4. At all relevant times, Defendant was the holder of an American Express card (the
"Card")that enabled Defendant to charge items to an American Express credit card Account
(Account Number) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the Account, and was
responsible for paying all amounts charged to the Account.
6. The written Cardmember Agreement between Defendant and American Express (the
"Agreement") was mailed to Defendant during the time period in which the Card was utilized
and maintained by Defendant. Defendant is in possession of the Cardmember Agreement.
7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set
forth in the Agreement, including the following:
a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts
charged to the Account.
b. Defendant agreed to make the."Minimum Payment" (as that term is used in the
Agreement) due each month, for charges on the account,by the payment due date
FILE NO. 10009107 & CUBS NO. 179215
indicated on the monthly billing statements mailed by or on behalf of American Express.
A true and correct copy of a statement(s)reflecting the balance due is attached hereto,
incorporated herein and marked Exhibit "A".
c. Defendant agreed that if the payment was not made by the payment due date indicated
on the monthly billing statements, American Express may assess additional fees per the
terms of the agreement.
d. Defendant agreed that in the event of default, Defendant would pay all reasonable
costs, incurred by American Express in collecting the balance due, including finance
charges and delinquency fees, and in protecting itself from any harm it may suffer as a
result of the default.
8. Defendant used the Card to charge various items to the Account.
9. Plaintiff issued and sent to Defendant the Account Statements, which set forth in detail
all items charged to the Account, and the total amount due and owing by Defendant to Plaintiff.
Count 1 -Breach of Contract
10. American Express incorporates by reference the averments of paragraphs 1 through 9.
11. Defendant failed to make the minimum payment specified on the statements.
12. By reason of the foregoing,Defendant breached the Agreement with American Express.
13. As a result of the breach, Defendant is personally liable to American Express for the sum
of$14,852.26. See Exhibit "A" as previously identified and incorporated herein.
14. Despite due demand, Defendant has failed and refused to pay American Express the
amount required pursuant to the Card Member Agreement as evidenced on the monthly
statements.
15. As a result of Defendant's failure to pay the amount that Defendant owes, American
Express referred its claim to outside attorneys for collection.
16. By reason of the foregoing, American Express is entitled to judgment against Defendant
for breach of contract in the sum of$14,852.26,plus costs.
FILE NO. 10009107 & CUBS NO. 179215
WHEREFORE, American Express demands judgment against Defendant on Count 1 in the
sum of$14,852.26, plus costs.
Respec lly su itted,
Amy F. Do e, Esquire, ID 487062
Philip Warholic, Esquire, ID #86341
JAFFE & ASHER, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
FILE NO. 10009107 & CUBS NO. 179215
VERIFICATION
I, Amy F. Doyle am the attorney for the plaintiff, and I make this Verification on behalf
of the Plaintiff, American Express Centurion Bank. The plaintiff is outside the jurisdiction of the
court and the verification of the plaintiff cannot be obtained within the time allowed for the filing
of the pleading. I verify that the statements in the Complaint are true and correct based upon my
knowledge, information and belief, pursuant to PA RCP 1024.
Date:
on b4e ^ress Centurion Bank
r
Re: KLOUSER, CARY
annERICAN The Optima® Card p. 1/3
EXPRESS
CARY JAMES KLOUSER
Closing Date 08/24/14 Account Ending 7-54004
New Balance $14,852.26 visit
Minimum Payment Due $1,641.00 www.membershiprewards.com
Includes the past due amount of$1,196.00
Payment Due Date 09/18/14 Account Summary
Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $14,570.45
the Payment Due Date listed above,you may have to pay a late fee of up to Payments/Credits -$0.00
$37.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. New Charges +$0.00
Fees +$37.00
Interest Charged +$244.81
Minimum Payment Warning: If you make only the minimum payment each period, New Balance $14,852.26
you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,641.00
example:
Credit Limit $14,300.00
If you make no additional You will pay off the balance And you will pay an Available Credit $0.00
charges and each month you shown on this statement in estimated total of... Cash Advance Limit $0.00
pay... about... Available Cash $0.00
Only the y
Minimum Payment Due 25 ears $37,565 Days in Billing Period: 31
If you would like information about credit counseling services,call 1-888-733-4139. Customer Care
PSee page 2 for important information about youraccount. Pay byComputer
americanexpress.com/pbc
Q Your account is past due and overlimit. If you would like to Customer Care PaybyPhone
receive e-mail alerts about payments,spending or fraud protection, 1-800-300-8765 1-800-472-9297
you can sign up at americanexpress.com/alerts. A See page 2 for additional information.
+ Please fold on the perforation below,detach and return with your payment +
®Payment Coupon Pay by Computer Pay by Phone Account Ending 7-54004
Do not staple or use paper clips im amerlcanexpress.com/pbc 1-800-472-9297 Enter account number on all documents.
Make check payableto American Express.
CARY JAMES KLOUSER Payment Due Date
730 INDIANA AVE 09/18/14
LEMOYNE PA 17043-1567 New Balance
$14,852.26
Minimum Payment Due
$1,641.00
AMERICAN EXPRESS $ •
❑ Check here if your addressor Amount Enclosed
phone number has changed. P.O.BOX 1270
Note changes on reverse side. NEWARK NJ 07101-1270
0000349991144851243 001485226000164100 20 H
CARY JAMES KLOUSER Account Ending 7-54004 p.2/3
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 address to
be credited as of the day it is received.Payments we receive after 5 p.m.will not be credited to your Account until the next day.Payments must also:(1)
include the remittance coupon from your statement;(2)be made with a single check drawn on a US bank and payable in US dollars,or with a
negotiable instrument payable in US dollars and clearable through the US banking system;and(3)include your Account number.If your payment does
not meet all of the above requirements,crediting may be delayed and you may incur late payment fees and additional interest charges.Electronic
payments must be made through an electronic payment method payable in US dollars and clearable through 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 by law.
Please do not send post-dated checks as they will be deposited upon receipt.Any restrictive language on a payment we accept will have no effect on us
without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid. You may pay more than
the Minimum Payment Due,up to your New Balance,at any time.
Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your payment from
your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number
and check serial number to your financial institution,unless the check is not processable electronically or a less costly process is available.When we
process your check electronically,your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your
check,and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically
we may issue a draft against your depositor other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other
electronic payment service of ours,you give us permission to electronically withdraw funds from the depositor other asset account you specify in the
amount you request. Payments using such services of ours received after 8:00 p.m.MST may not be credited until the next day.
How We Calculate Your Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we
charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and
how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest.
Paying Interest:Your due date is at least 25 days after the close of each billing period.We will not charge you interest on your purchases if you pay the
New Balance by the due date each month. We will charge you interest on cash advances and(unless otherwise disclosed)balance transfers beginning
on the transaction date.
Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it.
We will chargea fee of 2.7%of the converted US dollaramount.We will choose a conversion rate that is acceptable to us for that date,unless a
particular rate is required by law.The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on
the date of your charge.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 six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a
check for the credit balance within 30 days if the amount is$1.00 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 your credit report.
QCustomer Care&Billing Inquiries 1-800-300-8765 Hearinglmpaired Website:americanexpress.com
International Collect 1-623-492-7719 TTY:1-800-221-9950 Mobile Site:amexmobile.com
Large Print&Braille Statements 1-800-300-8765 FAX:1-800-695-9090
Cash Advanceat ATMs Inquiries 1-800-CASH-NOW In NY:1-800-522-1897 Customer Care
&Billing Inquiries Payments
P.O.BOX 981535 P.O.BOX 1270
EL PASO,TX NEWARK NJ
79998-1535 07101-1270
Changeof Address
If correct on front,do not use. Pay Your Bill With AutoPay
•To change your address online,visit www.americanexpress.com/updatecontactinfo
•For Name,Company Name,and Foreign Address or Phone changes,please call Customer Care. Avoid late fees
•Please print clearly in blue or black ink only in the boxes provided. Save time
- � Deduct your paymentfrom your bank
Street Address account automatically each month
I
Visit americanexpress.com/autopay
City,State today to enroll.
Zip Code
Area Code and
Home Phone
Area Code and For information on how we protect our
privacWork Phone P Y
Email I and privacy choto ir s please t your communication
4 P cY P
- J. www.americanexpress.com/privacy.
AMERICAN The Optima° Card p.3/3
Dff�RE55
CARY JAMES KLOUSER
Closing Date 08/24/14 Account Ending 7-54004
Fees
Amount
08/18/14 Late Payment Fee $37.00
Total Fees for this Period $37.00
Interest Charged
Amount
08/24/14 Interest Charge on Cash Advances $193.45
08/24/14 Interest Charge on Purchases $51.36
Total Interest Chargedfor this Period $244.81
2014 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2014 $100.00
Total Interest in 2014 $1,826.76
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
Transactions Dated Annual Balance Interest
Percentage Subjectto Charge
From To Rate Interest Rate
Purchases 08/12/2014 15.24%(v) $7.16 $0.09
Purchases 05/06/1988 08/11/2014 15.24%(v) $3,966.44 $51.27
Cash Advances 08/12/2014 21.24%(v) $0.00 $0.00
Cash Advances 05/06/1988 08/11/2014 21.24%(v) $10,722.07 $193.45
Total
$244.81
M Variable Rate
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson RiLED-OFFICL.
Sheriff + E PROTHON-O :. ;
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE OFTHli&HZF F
?J14 DEC 12 AM 10:
CUMBERLAND COUNTY
PENNSYLVANIA
American Express Centurion Bank
vs.
Cary Klouser
Case Number
2014-6688
SHERIFF'S RETURN OF SERVICE
11/19/2014 06:40 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Cary Klouser, but was unable to locate the Defendant
in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at
730 Indiana Avenue, Lemoyne Borough, Lemoyne, PA 17043. Deputies were advised by the current
resident that the defendant sold this residence and no longer resides here. Per the Lemoyne Postmaster
the defendant now has a forwarding address of 1200 Market Street, PMB #300, Lemoyne, PA 17043.
This address is the West Shore Plaza and it is believed that #300 is a Mailboxes, Etc. a business that
rents mailboxes to customers and service will not be accepted at this location.
SHERIFF COST: $51.08 SO ANSWERS,
December 05, 2014 RONNY R ANDERSON, SHERIFF
c CountySuite Sheriff, Teleosoft, 'nc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS
CENTURION BANK
Plaintiff
vs.
CARY KLOUSER
Defendant(s)
No. 14-6688CIVIL
SUGGESTION OF BANKRUPTCY
TO THE PROTHONOTARY:
Please be advised that the defendant filed for bankruptcy protection. The plaintiff
is requesting a stay of the above case.
Respectfully submitted,
Amy F. Do , Esquire, ID #87062
Philip Warholic, Esquire, ID #86341
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
File No. 10009107 & CUBS No. 179215