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HomeMy WebLinkAbout14-6689 Supreme Court: -L-Pennsylvania 1�� COU � ►u6 nm+a Pleas ForProthonotary Use Only: Chvi1�Cnvor"ShM Docket No: CUMOERlAND+Ji4' Count y r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S IX Complaint [] Writ of Summons ® Petition El Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: AMERICAN EXPRESS BANK, FSB SHAWN FABIAN T Dollar Amount Requested: nwithin arbitration limits I Are money damages requested? iX' Yes 0 No (check one) []outside arbitration limits O N Is this a Class Action Suri? []Yes 0 No Is this an MDJAppeal? C1 Yes [] No A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire [] Check here if you have no attorney(are a Self-Represented [Pro Sel 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 Intentional [I Buyer Plaintiff Administrative Agencies Malicious Prosecution B1 Debt Collection:Credit Card [] Board of Assessment Motor Vehicle Q Debt Collection:Other [] Board of Elections ® Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other S n Product Liability{does not include [3 Employment Dispute: E mass tort) 0 Slander/Libel/Defamation Discrimination C [] Other: [] Employment Dispute:Other [] Zoning Board T Other: I --- -- n Other: O MASS TORT [] Asbestos N [] Tobacco Q Toxic Tort-DES [] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste i Other. [I Ejectment ® Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation M Declaratory Judgment -i Ground Rent Mandamus n Landlord/Tenant Dispute Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYg g Quo Warranto Mart a e Foreclosure:Commercial (� [] Dental ® Partition Replevin ni Legal 0 Quiet Title 0 Other: [] Medical [] Other: Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` AMERICAN EXPRESS BANK, FSB NO. lq- 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF `1 VS. y .. CkD .,.a SHAWN FABIAN 43 ARGALI LN "' MECHANICSBURG PA 17055 " 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Cumberland Cty Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800/990-9108 LIS � �.� a FILE NO. 10009155 & CUBS NO. 180581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS BANK, FSB NO. 4315 SOUTH 2700 WEST SALT LAKE CITY,UT 84184 PLAINTIFF VS. SHAWN FABIAN 43 ARGALI LN MECHANICSBURG PA 17055 DEFENDANT(S) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas,usted tienen que tomar accion dentro veinte(20)dias despues que 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 hacerlo el caso puede proceder sin usted y un j uzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A 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. 10009155 & CUBS NO. 180581 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS BANK, FSB NO. 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF vs. SHAWN FABIAN 43 ARGALI LN MECHANICSBURG PA 17055 DEFENDANT(S) COMPLAINT 1. The Plaintiff is American Express Bank FSB (hereafter"American Express") with a place of business located at 4315 South 2700 West, Salt Lake City, UT 84184. 2. The Defendant, SHAWN FABIAN, is an adult individual, residing at 43 ARGALI LN, MECHANICSBURG PA 17055, CUMBERLAND County. 3. At all relevant times, American Express Bank FSB was, and is, a federally chartered bank. 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 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 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 indicated on the monthly billing statements mailed by or on behalf of American Express. FILE NO. 10009155 & CUBS NO. 180581 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$9,292.92. 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$9,292.92, plus costs. FILE NO. 10009155 & CUBS NO. 180581 WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of$9,292.92, plus costs. Respectfully submitted, d"'I A'-� Am F. Do ,6 e, ID #87062 Philip Warholic, quire, 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. 10009155 & CUBS NO. 180581 VERIFICATION I am the attorney for the plaintiff and I verify the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,. § 4904, relating to unsworn falsification to authorities. Amy F. DoW, Esq 're, 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 SHAWN FABIAN FILE NO. 10009155 & CUBS NO. 180581 EXHIBIT "A" AMERICAN The Hilton HHonorsT°' Card from American Express H.HHONORS p.1/5 EXPRESS HILTON WORLDWIDE a SHAWN E FABIAN Closing Date 09/22/14 Account Ending 6-91009 View your Hilton HHonors— New Balance $9,292.92 point balance at Minimum Payment Due $1,149.00 hiltonhhonors.com Includes the past due amount of$902.00 Payment Due Date 10/17/14 Account Summary Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $9,136.99 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 27.240/0. New Charges +$0.00 Fees +$37.00 Interest Charged +$118.93 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $9,292.92 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,149.00 example: Credit Limit $10,000.00 If you make no additional You will pay off the balance And you will pay an Available Credit $707.08 charges and each month you shown on this statement in estimated total of... payaboutCash Advance Limit $0.00 ... ... --------------------------------------- ----------------- AvailableCash $0.00 Only the Minimum Payment Due 19 years $18,626 Days in Billing Period: 31 If you would like information about credit counseling services,call 1-888-733-4139. Customer Care Seepage 2 for important information about your account. Im Pay by Computer amencanexpress.com/pbc 0 Your account is past due. Customer Care Pay by Phone 1-800-297-1000 1-800-472-9297 See Page 5 for Important Information regarding benefits See Page 2 for additional information. underwritten by AMEX Assurance Company + Please fold on the perforation below,detach and return with your payment + Payment Coupon PaybyComputer Pay by Phone Account Ending 6-91009 Do not staple or use paper clips ©americanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. I�'1��11111�11��11�11�����1��1111�111'll�llll Il�l�l�ll���l��r���� SHAWN E FABIAN Payment Due Date 43 ARGALI LN 10/17/14 MECHANICSBURG PA 17055-4859 New Balance $9,292.92 Minimum Payment Due $1,149.00 I��IIII�II�11���'IIIII"�I��I��II�I��III�I�I'��III�I�I��I�I�II�II ❑ 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 0000349992010262879 000929292000114900 19 d SHAWN E FABIAN Account Ending 6-91009 p.2/5 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 feesand 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. Pleasedo 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 yourfinancial institution any payment that is returned unpaid. You may pay more than the Minimum Payment Due,up to your New Balance,at anytime. 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 electronicallyor 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 depositor 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 tra nsactions)to calculate the balance on which we charge interest on your Account. Call the Customer Care 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 doilycompoundingof 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 charge a 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. Customer Care&Billing Inquiries 1-800-297-1000 Hearing Impaired Website:americanexpress.com International Collect 1-336-393-1111 TTY:1-800-221-9950 Mobile Site: amexmobile.com Large Print&Braille Statements 1-800-297-1000 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 Change of Address If correct on front,do not use. Pay Your Bill with AutoPay •Tochange youraddress 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 payment from your bank Street Address account automatically each month ysitameri cane xpress.com/autopay City,State today to enroll. Zip Code Area Code and Home Phone Area Code and For information on how we protect our Work Phone � p Y privacy and to set your communication Email and privacy choices,please visit r _=__- -j:: www.americanexpress.com/privacy. AMERICAN The Hilton HHonorsT' Card from American Express H.HHONORS p.3/5 EXPRESS HILTON WORLDWIDE SHAWN E FABIAN Closing Date 09/22/14 Account Ending 6-91009 Fees Amount 09/17/14 Late Payment Fee $37.00 Total Fees for this Period $37.00 Interest Charged Amount 09/22/14 Interest Charge on Purchases $118.93 Total Interest Charged for this Period $118.93 2014 Fees and Interest Totals Year-to-Date jAmountTotal Fees in 2014 Total Interest in 2014 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 07/11/2014 15.24%(v) $81.07 $1.05 Purchases 02/22/2013 07/10/2014 15.24%(v) $9,119.27 $117.88 Cash Advances 07/11/2014 25.24%(v) $0.00 $0.00 Total $118.93 (v)Variable Rate Hilton HHonors® Points Earned H.HHONORS HILTON WORLDWIDE Hilton HHonors""Account Number. 377491883 Current Period Year to Date Points Earned for Eligible Spend 0 641 Total Bonus Points Earned 0 178 Total HHonors Points Earned 0 819 Your qualifying Year-to-Date spend on your Hilton HHonors"Card is$214.00. To qualify for Hilton HHonors Gold Status,you need to have$20,000 qualified spend by December 31 st. SHAWN E FABIAN Account Ending 6-91009 p.4/5 • The Hilton HHonorsT' Card from American Express H.HHONORS AMERICAN HILTON WORLDWIDE P.5/5 EXPRESS SHAWN E FABIAN Closing Date 09/22/14 Account Ending 6-91009 Notice of Important Changes to the Additional Benefits of Your Card Effective immediately,we are making a change to the location of the Terms and Conditions of the Additional Benefits of Your Card. You can now access and view the Terms and Conditions for the Additional Benefits of your eligible Cards online at americanexpress.com/BenefitsGuide. Depending on your Card, you may have access to the following benefits: Purchase Protection, Return Protection, Extended Warranty, Event Ticket Protection Plan, Global Assist Hotline, Premium Global Assist Hotline, Roadside Assistance Hotline, Enhanced Roadside Assistance, Premium Roadside Assistance, Car Rental Loss and Damage Insurance, Travel Accident Insurance, Baggage Insurance Plan or Employee Card Misuse Protection. If you would like a printed version of the Terms and Conditions, please call the number on the back of your Card. The insurance products are no longer available in certain territories. Effective August 1, 2014,the insurance products that come as a benefit of your Cardmembership are not available for residents of the Federated States of Micronesia, The Marshall Islands, and the Republic of Palau. Depending on your Card, the insurance products may include: Purchase Protection, Extended Warranty, Event Ticket Protection Plan, Car Rental Loss and Damage Insurance, Travel Accident Insurance, Baggage Insurance Plan or/and Employee Card Misuse Protection. S0294 BP/NACBASE/0914 SHERIFF'S OFFICE OF CUMBERLAND COUNTY - Ronny R Anderson FILED -OF -HU Sheriff THE Pi OTHON J.i.�'`;` Jody S Smith Chief Deputy Richard W Stewart Solicitor 01'IItY4Fr��l OFFICE' OF ME ; REREFF ? y DEC -4 AM 9: 57 CUMBERLAND COUNTY PENNSYLVANIA American Express Bank FSB vs. Shawn Fabian Case Number 2014-6689 SHERIFF'S RETURN OF SERVICE 11/20/2014 08:54 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Shawn Fabian at 43 Argali Lane, Lower Allen Township, Mechanicsburg, PA 17055. i ' ,'�,4;I-' UTSHAL , DEPUTY SHERIFF COST: $39.30 SO ANSWERS, (a62„ November 21, 2014 RONI4 R ANDERSON, SHERIFF (c) CounrySui!o Sheriff, Tob_osoit, Inc.