Complaint October 12, 2021 (2024)

 
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 CONFIDENTIAL APPELATE/TRIAL COURT DOCUMENT FORM “R CASE RECORDS Publzc Access Polzcy ofthe Unified Judzczal System ofPennsylvama Case Records ofthe Appellate and Trzal Courts 204 Pa Code § 213 8] WWW Qacouits us/Qubhc Iecmds AMERICAN EXPRESS NATIONAL BANK (Party name as displayed in case caption) Docket/Case No Vs AMRIT KAUR COMMON PLEAS (Party name as displayed in case caption) Court This form is associated with the pleadings titled Complaint , dated , Pursuant to the Publzc Access Polzcy 0fthe Unzfied Judzczal System ofPennsylvanza Case Records ofthe Appellate and Trial Courts, the Confidential Document Form shall accompany a filing where a confidential document is required by law, ordered by the court, or is otherwise necessary to effect the disposition of a matter This form shall be accessible to the public, however the documents attached will not be publicly accessible, except as ordered by court The documents attached will be available to the parties, counsel of record, the court, and the custodian Please only attach documents necessary for the purposes of this case Complete the entire form and check all that apply This form and any additional pages must be served on all unrepresented parties and counsel of record _— Type of Confidential Document confidential document is referenced in the filin _— _— Cl Tax Returns and schedules _— _— _— _— _— _— _— _— _— _— _—— I certify that this fils With the provisions of the Publzc Access Polzcy ofthe Umfied Judzczal System of Pennsylvama Case R cords ofthe Appellate and Trzal Courts that require filing confidential information and documents diffe entl than non confidential information and documents 32? / [/E ) 7‘ Signature of ttorne or Unrepresented Party Date Name [{I DANIE J SANTUCCI ESQ Attorney number (if applicable) 92800 ] MICHAEL R LIPINSKI ESQ Attorney number (if applicable) 323806 I [KIAN HOUSE ESQ Attorney number (if applicable) 321503 THOMAS J NOLAN JR ESQ Attorney number (if applicable) 327567 [ ] RASHMA K DHANDA ESQ Attorney number (if applicable) 328722 Attorney number (if applicable) Address 3220 TILLMAN DRIVE SUITE 215 Telephone g877g297 1183 BENSALEM PA 19020 Email IN THE COURT OF COMlVION PLEAS OF DELAWARE COUNTY PENNSYLVANIA AMERICAN EXPRESS NATIONAL BANK Plaintlff vs Civil Action No AMRIT KAUR Defendant(s) NOTICE TO DEFEND CIVIL YOU HAVE BEEN SUED IN COURT If you wish to defend against the claim 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 fillng in writing with the court your defenses or ob] ections to the claims set forth against you You are warned that if you fall to do so the case may proceed without you and a judgment may be entered against you by the court without any further notice for any money claimed 1n the complamt or for any other claim or relief requested by the pla1nt1ff 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 Lawyers’ Reference Service, Front & Lemon Streets Media, Pennsylvania 19063 (610) 566 6625 IN THE COURT OF COMNION PLEAS OF DELAWARE COUNTY PENNSYLVANIA AMERICAN EXPRESS NATIONAL BANK Plaintiff C/O ZWICKER & ASSOCLATES PC 3220 TILLMAN DRIVE SUITE 215 BENSALEM PA 19020 Civil Action No vs AMRIT KAUR Defendant(s) AMRIT KAUR 17 POWELL LN UPPER DARBY PA 19082 COMPLAINT IN CIVIL ACTION 1 Plaintiff is a National Bank located in Utah 2 One or more of the Defendant(s) reside in DELAWARE County, Pennsylvania BREACH OF CONTRACT 3 At the request of Defendant(s), Plaintiff issued an account for credit services to Defendant(s) with current account number ending in #1008 and Defendant(s) was provided With the terms and conditions applicable to the account See record of the account terms and conditions attached hereto as Exhiblt “A” 4 Defendant(s) accepted the terms and conditions of the account by using the credit extended Records of the account statement(s) for the credit account is/are attached hereto, marked Exhibit “B” and made a part hereof 5 Defendant(s) breached the terms and conditions of the account by falling to pay the balance due and/or make the required monthly payment 6 The balance due and owing to Plaintiff is $2,687 92 WHEREFORE Plaintiff demands Judgment against Defendant(s) for the sum of $2 687 92 together with costs ZWICKER & ASS 0 ES P C Attorneys for P1 ntiff A Law Firm gag 4 in Debt Collection DATE a BY 1 [ DANIEL J SANTUCCI ESQ A Bar Id No 92800 [ ]MICHAEL R LIPINSKI ESQ PA Bar Id No 323806 [ ]KLAN HOUSE ESQ PA Bar Id No 321503 [ ]THOMAS J NOLAN JR ESQ PA Bar Id No 327567 [ ]RASHMAK DHANDA ESQ PA Bar Id No 328722 3220 TILLMAN DRIVE SUITE 215 BENSALEM PA 19020 (877)297 1183 ZAPALIT@ZWICKERPC COM VERIFICATION I hereby state that I am an Assistant Custodian of Records for Plaintiff I verify to the best of my knowledge, information and belief, that the statements made in the foregoing Complaint in Civil Action are true and correct The undersigned understands that the statements contained therein are made subject to the penalties of 18 Pa C S A 4904 relating to unswom falsification to authorities D Q lei 2! 1ftka %1@ \ . Name Uh} {cm H1fiA/S Defendant(s) AMRIT KAUR Account number ending in 1008 EXHIBIT A 2003 Reorder Cardmember Agreement Part 1 of 2 A5 0" 06/20/2018 Premier Rewards Gold Card Cardmember Name AMRIT KAUR Account Ending In .1008 Fees Table Issuer American Express National Bank Fees Annual Membership Fee $0 for the firstyear then $195 Transaction Fees . Foreign Transaction Penalty Fees Late Payment Up to $33 Returned Payment Up to 533 Your Billing Rights See Part 2 for information on how to exercise your rights to dispute transactions _CMAEUAOT0000001 Page 1 of 2 How Rates and Fees Work Fees Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1 We will not charge for the first 5 additional cards we will charge $35 for each additional card thereafter Late Payment Up to $38 If we do not receive the Amount Due (Minimum Payment Due if you have a Pay Over Time balance) by its Payment Due Date the fee is $27 if this happens again within the next 6 billing periods the fee is $38 However the late fee will not exceed the Amount Due or the Minimum Payment Due as applicablePaying late may also result in a penalty APR See Penalty APR for new transactions above Returned Payment Up to $38 if you make a payment that is returned unpaid the first time we present it to your bank the fee is $27If you do this again within the same billing period or the next 6 billing periods the fee is $38 However the returned payment fee will not exceed the Amount Due or if you have a Pay Over Time balance the Minimum Payment Due A returned payment may also result in a penalty APR for any Pay Over Time balances you may have See PenaltyAPR for new transactions above Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid We will also charge you the unpaid amount Account Reopening $25 if your Account is cancelled you ask us to re open it and we do so ForeignTransaction _ How Pay Over Time Works About Pay Over Time We may add a feature to your Account that allows you to pay certain charges over time, with interest See More About Pay (Pay Over Time) If the Pay Over Time feature on your Account is set to Select you may request to Over mm; in part 2 of this place eligible purchases from the cunent or preceding billing penod in your Pay Over Time Select Agreement for important balance If we approve your request we will place the charge in your Pay Over Time Select balance if additional information aboutwe decline your request you must pay the charge in full by the Payment Due Date A charge is eligible the Pay Over Time feature for Pay Over Time if it equals or is more than a certain dollar amount We will tell you this amount when you enrolland it is subject to change We will tell you if we change it if we allow you to enroll in the Pay Over Time Direct feature we will automatically place eligible purchases in your Pay Over Time Direct balance You may alternate between the Select and Direct settingsYou can do so by visiting us online at americanexpress com/payovertime or by calling the number on the back of your Card If your Account is enrolled in Pay Over Time Travel we will automatically place eligible travel related charges in your Pay Over Time Travel balance regardless of whether your Pay Over Time feature is set to Select or Direct Some examples are airfare and cruise ship tickets hotels, car rentals and charges made outside the U SIf you request to cancel your Pay Over Time Travel feature at any time you will not be able to re enroll Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement —CMAEUAOT0000001 Page 2 of 2 Cardmember Agreement Part 2 of 2 D°°27933 How Your American Express Account Works Introduction “ About your Cardmember This document together with Part 1 make up When you use the Account (or you sign or keep the Agreement the Cardmember Agreement (Agreement) for card)you agree to the terms of the Agreement the Accountidentifled on page 1 of Part1 Any supplements or amendments are also part of the Agreement Changing the Agreement We may change this Agreement subject t° We cannot increase the interest rate on existing applicable law We may d0 this: '" resoonse t° balances except in limited circumstances Changes the business legal °" c?mpet'm’e envrronment to some terms may require 45 days advance notice ““5 written Agreement '5 a final “9'95”" °f the and we will tell you in the notice if you have the right agreement governing the Account The written to reject a change We cannot change certain terms Agreement may not be contradicted by any alleged during the first year of your Cardmembership oral agreement Words we use in the Agreement We us and our mean the issuer shown on pageCard means any card or other device that we issue 1 of Part 1 You and yourmean the person who to access yourAccount A charge is any amount applied for this Account and for whom we opened added to your Account such as purchases fees and the Account You and your also mean anyone interest charges A purchase is a charge for goods or who agrees to pay for this Account You are the services 335" Qa’dmember Y°” may request a cant _f°’ To pay by a certain date means to send your payment an Add"’°"a’ gardmember (see AboutAddrtIonaI so that we receive it and credit it to your Account by Cardmembers '” Part 2) that date (see About your payments in Part 2) About using your card “ Using the card You may use the card to make purchases You We may (but are not required to) tell these merchants may also use the card at an ATM to get cash from a and third parties if your expiration date or card checking account you designate number changes or if your account status is updated We decide whether to approve a charge based on including if your account IS cancelled If you do not how you spend and pay on this Account and other want us to share your updated account Information accounts you have with us and our affiliates We please contact us using the number on the back of also consider your credit history and your personal your card resources that we know about Keep your card safe and don‘t let anyone else use it You may arrange for certain merchants and third If your oard is [05¢ 0’ 510191 or your ACCOUFF is being parties to store your card number and expiration used WWW“ your permrssron contact us "9’1”an dateso that for example You may not use yourAccount for illegal activities 0 the merchant may charge your account at regular intervals or . you may make charges using that stored card __.—._i”f°l".ati‘m—___________ Promise to pay You promise to pay all charges including o charges you makeeven if you do not present your card or sign for the transaction . charges that other people make if you let them use your Account and . charges that Additional Cardmembers make or permit others to make Declined transactions We may decline to authorize a charge Reasons We are not responsible for any losses you incur if we we may do this include suspected fraud and our do not authorize a charge And we are not responsible assessment of your creditworthiness This may occur if any merchant refuses to accept the card even if your Account is not in default More About Pay Over Time With Pay Over Time You have “‘5 °Pfi°n w pay Certain charges are not eligible for Pay Over Time 3’9”? Account T°ta| New 33'3””: eaoh month the such as cash and similartransactions We may M'"'m“m Payment Due or 3'”th '” betwee',‘ change which charges are eligible to be placed into On each statement your Account Summary Will your Pay Over Time feature show your Pay Over Time New Balance which IS the amount that is eligible to be paid overtime (see We assign a Pay Over Time limit to your Account When you must pay in Part 2) We will not place any charge into a Pay Over Time We apply a charge to the relevant Pay Over Time balance if it would cause the total of your Pay Over balance in accordance with the selection in effect at “me balances to 9° 0Y6? your Pay Over “me “mu 8pm Eastern Time on the transaction date provided Your Pay Over Time L'm't '3 shown on page 1 0f Part by the merchant The transaction date provided by 1 and on each statement We may Increase or reduce the merchant may differ from the date you made your PaY Over Time L'm't We may do 5° even 'f you the charge if for example there is a delay in the pay on time and your Account IS not In default We Will merchant submitting the transaction to us or if the tell you 'f we change that amount You must pay In full merchant uses the shipping date as the transaction all charges that are "0t placed '"t° a Pay ver Time date balance CMAEUCMAR000102 Page 1 of 11 . -__'——-———————— About your payments m When you must pay You must pay the Amount Due no later than theEach statement also shows a Closing Date The Payment Due Date shown on your statement to Closing Date is the last day of the billing period avoid a late payment fee If a statement includes covered by the statement Each Closing Date is about a Pay Over Time balance it will show a Minimum 30 days after the previous statement's Closing Date Payment Due In this case you must pay at least the Minimum Payment Due by the Payment Due Date Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received For your payment to be considered on time we must receive it in such time and manner by the Payment Due Date shown on your statement ———___—_—___—___ How to make payments Make payments to us in U 8 dollars with we will credit the payment on the day after we receive . a single check drawn on a U S bank or 't o a single negotiable instrument clearable through If your payment does not meet the above 2:3: 2%”th system for example a money requirements, there may be a delay in crediting your a an electronic payment that can be cleared through Account “'5 may result in late fees and additional the U Sbanking system interest charges (see the Rates and Fees Table and How Rates Fees and Pay Over Time Work In Part 1) When making a payment by mail a make a separate payment for each account If we decide to accept a payment made in a foreign - mail your payment to the address shown on the currency we will choose a rate to convert your payment coupon on your billing statement and payment into U 8 dollarsunless the law requires us 0 write your Account number on your check or to use a particular rate negotiable instrument and include the payment coupon If we process a late payment a partial payment or a If your payment meets the above requirements we payment marked With any restrictive language that will credit it to your Account as of the day we receive W'" have ”0 effect °” our ”9m and W'” ”0t change it, as long as we receive it by the time disclosed in ”"5 Agreement your billing statement If we receive it after that time —._—_—.__—_______— How we apply payments and If a statement includes a Pay Over Time New After the Minimum Payment Due has been paid we credits Balanceit will show a Minimum Payment Due apply payments to the remaining Pay Over Time The Minimum Payment Due is the Pay In Full New balanceWhen we do this we apply payments first to Balance plus the Pay Over Time Minimum Due the balance with the highest interest rate and then to balances with lower interest rates If you have a Pay Over Time balance we generally apply payments up to the Minimum Payment Due first In most cases we apply a credit to the same balance to the Pay Over Time Minimum Due and then to the as the related charge We may apply payments and Pay In Full New Balance When applying a payment credits within balances and among balances with the to the Pay Over Time Minimum Due we apply it first same interest rate in any order we choose to the balance with the lowest interest rate and then to balances with higher interest rates _—______—_—___— About your Minimum Payment Due m How we calculate your The Minimum Payment Due is the Pay In Full New Balance plus any Pay OverTime Minimum Due To Minimum Payment Due calculate the Pay Over Time Minimum Due for each statement we start with the higher of (1) interest charged on the statement plus 1% of the '6‘“! ' - 7- . . Pay Over Time New Balance (excluding interest on .3 mfiswm thatyaa haveaPayer the statement) or Wage Newéalajmglceoffi mt memswffi‘fi‘gfi?‘ 1- v m awake”; We fiwfiami‘ufmaw '. Then we round to the nearest dollar and add any Pay ' y Y , Over Time amount past due Your Pay Over Time £33§2§57*7%mmfwby {$3 33957} ' .- Minimum Due will not exceed your Pay Over Time #5 2? , ' , . ' _V ‘ V ' . New Balance You may pay more than the Minimum{2) $35 - ' ._: V ' Vv ,' . Payment Due up to your entire outstanding balance The higheroffi} wf3}13 $59 2?, Web Wmto atanvtime tammpawarrmmmarm W123 Pam Wt Newaaimsefwemer ,. WWWWMPWIWWWE , CMAEUCMAR000102 Page 2 of 11 About interest charges on Pay Over Time balances W When we charge interest For transactions added to a Pay Over Time balance at your request (for example if your Pay Over Time feature is set to Select") we charge interest from the date they are added to a Pay Over Time balance until they are paid For transactions added automatically to a Pay Over Time balance (for example if your Pay Over Time feature is set to Direct ) we charge interest from the transaction date until they are paid However, we will not charge interest on these transactions in a billing period if . your Pay Over Time Prewous Balance for the billing period is zero or 0 you paid the Account Total New Balance on your statement if any for each of the previous two billing periods in full by the Payment Due Date shown on each of those statements How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance Balances within the Pay Over Time feature such as Select and Direct may have different interest rates We use the Average Daily Balance method Dally Balance (including new transactions) to figure interest For each day a DPR is in effect we figure the daily charges for each balance The total interest charged balance for each balance by for a billing period is the sum of the interest charged , taking the beginning balance for the day 0“ each balance 0 adding any new charges Interest 0 subtracting any payments or credits and o making any appropriate adjustments The interest charged for a balance in abilling period We add a new charge to a daily balance as of its except for variations caused by rounding equals transacti on date (1) Average Daily Balance (ADB) multiplied by (2) Daily Periodic Rate (DPR) multiplied by Beglnnlng balance (3) number of days the DPR was in effect For the first day of a billing period the beginning balance is the ending balance for the prior billing ADB periodincluding unpaid interest For the rest of the T0 QGt the ADB for a balance we add UP its daily billing period the beginning balance is the previous balances Then we leide the result by the number day's daily balance plus an amount ofmterest equal 0f 5W5 “‘9 DPR f” that balance was '" effect If the to the prewous day's daily balance multiplied by the daily balance '5 negative we treat 't as zero DPR for that balance This method offigunng the DPR beginning balance results in daily compounding of A DPR is 1/365th of an APR, rounded to one tenInterest thousandth of a percentage point Your DPRs are When an interest rate changes the new DPR may shown in How Rates and Fees Work in Part 1 come into effect during notjust at the beginning of 

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