Complaint,Petition: American Express Nat Ional Ban Vs Barr Kristophe

On May 03, 2024 a Complaint,Petition was filed involving a dispute between American Express National Bank, and Kristophe Barr, Penalty Box Ventures, Llc, for Contract/Commercial Transaction in the District Court of Ocean County.

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OCN-L-001173-24 05/03/2024 11:16:59 AM Pglof5 Trans ID: LCV20241135263

AMERICAN EXPRESS NATIONAL BANK SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintifits), OCEAN COUNTY
— against —
Docket No
KRISTOPHER BARR
and PENALTY BOX VENTURES, SUMMONS
LLC,
Defendant(s).

FROM THE STATE OF NEW JERSEY, TO THE DEFENDANT(S) NAMED ABOVE:

The American Express named above, has filed a lawsuit against you in the Superior Court of New Jersey.
The complaint attached to this summons states the basis for this lawsuit. If you dispute this complaint, you or
your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior
Court in the county listed above within 35 days from the date you received this summons, not counting the date
you received it. (The address of each deputy clerk of the Superior Court is provided.) If the complaint is one in
foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior
Court, Hughes Justice Complex, CN-971, Trenton, NJ 08625. A filing fee payable to the Treasurer, State of
New Jersey and a completed Case Information Statement (available from the deputy clerk of the Superior Court)
must accompany your answer or motion when it is filed. You must also send a copy of your answer or motion
to American Express’s attorneys whose name and address appear above, or to American Express, if no attorney
is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion
(with fee of $175 and completed Case Information Statement) if you want the court to hear your defense.

If you do not file and serve a written answer or motion within 35 days, the court may enter a judgment
against you for the relief American Express demands, plus interest and costs of suit. If judgment is entered
against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment.

If you cannot afford an attorney, you may call the Legal Services office in the county where you live. A
list of these offices is provided. If you do not have an attorney and are not eligible for free legal assistance, you
may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A list of these numbers is
also provided.
/s/ Michelle Smith
DATED:
Clerk of the Superior Court

Name of Defendant(s) to be served: Kristopher Barr
Address of Defendant(s) to be served: 212 Huxley Drive, Brick Township, NJ 08723
Business Address of Defendant(s): PENALTY BOX VENTURES, LLC
212 Huxley Drive, Brick Township, NJ 08723

File No. 6431531
OCN-L-001173-24 05/03/2024 11:16:59 AM Pg2of5 Trans ID: LCV20241135263

Anthony J. Migliaccio, Jr., Esq. NJ ID: 046321992
Joshua J. Knurr, Esq. NJ ID: 045622006
Alexander Fink, Esq. NJ ID: 015912000
AMERICAN EXPRESS LEGAL
500 North Franklin Turnpike
PO Box 278
Ramsey, New Jersey 07446
877-305-0433
Staff Attorneys for Plaintif{(s)
AMERICAN EXPRESS NATIONAL BANK SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff(s), OCEAN COUNTY
— against —
Docket No
KRISTOPHER BARR
and PENALTY BOX VENTURES, COMPLAINT
LLC,
Defendant(s).

Plaintiff, AMERICAN EXPRESS NATIONAL BANK! (American Express), by its attorneys, as and for its
complaint herein against defendants KRISTOPHER BARR (“Barr”) and PENALTY BOX VENTURES, LLC
("PENALTY BOX VENTURES, LLC"), hereby allege(s) as follows:
The Parties

1 AMERICAN EXPRESS NATIONAL BANK! (American Express) a national bank under the laws of
the United States of America with its office located at 115 W. Towne Ridge Parkway, Sandy, Utah 84070
(hereinafter singularly or collectively referenced as “American Express”).

2 Upon information and belief, Barr was and is at all relevant times an individual residing in Ocean
County in the State of New Jersey, at 212 Huxley Drive, Brick Township, NJ 08723.

3. Upon information and belief, PENALTY BOX VENTURES, LLC was and is a business with a place
of business located in the State of New Jersey, at 212 Huxley Drive, Brick Township, NJ 08723.

The Facts

4 At all relevant times, Barr, authorizing officer for PENALTY BOX VENTURES, LLC, was
the holder of an American Express Business Gold Card that enabled them to charge items to an American
Express Business Gold Card Account (Account No. xxxx-xxxxxx-x
1008) (the “Account”),

5 At all relevant times, Barr and PENALTY BOX VENTURES, LLC were the basic card
members on the Account and thus are responsible for paying all amounts charged to the American Express
Business Gold Card Account.

7 On April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank and American Express
Bank FSB, merged with American Express National Bank with American Express National Bank as the surviving entity after the
merger. See, https:/Avww.occ.treas.gov/topics/licensing/interpretations-and-actions/20] 8/interpretations-and-actions-jan-2018.html.
See also, 12 U.S.C. § 35; 12 CFR 5.24 and 12 U.S.C. § 1828 et seq.

File No. 6431531
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6. By accepting and using the American Express Business Gold Card, Barr and PENALTY BOX
VENTURES, LLC agreed to all of the terms and conditions set forth in the “Business Charge Card
Agreement” (the “Cardmember Agreement”). The Cardmember Agreement was provided to Barr and
PENALTY BOX VENTURES, LLC with the Business Gold Card.

7 The terms of the Cardmember Agreement, Business Charge Card Agreement include the
following:

a. to pay all amounts charged to the Account by either Barr and PENALTY BOX VENTURES,
LLC or any additional cardmember or additional account user;

to pay finance charges on unpaid balances;

to pay the “Minimum Amount Due” by the due date indicated on the monthly billing statements
mailed by or on behalf of American Express;

that if the Minimum amount due was not paid by the date given on the monthly statements the
Account would become delinquent and American Express could assess late fees and declare the
Account in default (as that term is used in the Cardmember Agreement);

that once Barr and PENALTY BOX VENTURES, LLC are in default on the Account,
American Express may declare the entire balance immediately due;

Barr and PENALTY BOX VENTURES, LLC further agreed that in the event of default (as that
term is used in the Cardmember Agreement) they would pay all reasonable costs incurred by
American Express in protecting itself from any harm it may suffer as a result of the default;
including but not limited to reasonable attorneys’ fees incurred in collecting the balance due
and court costs.

8 Barr and PENALTY BOX VENTURES, LLC used the Business Gold Card to charge various
items to the Account for which payment was never made.

9. American Express sent monthly statements to Barr and PENALTY BOX VENTURES, LLC
for the Account, showing the balance due on the Account.

10. Barr and PENALTY BOX VENTURES, LLC violated the Cardmember Agreement by
refusing to remit the Minimum amount due indicated by the monthly statements.

li. Barr and PENALTY BOX VENTURES, LLC’s failure to pay the Minimum amount due
constituted a default under the Cardmember Agreement and lead to the account becoming delinquent. As a
result, American Express suspended Barr and PENALTY BOX VENTURES, LLC’s charge privileges on the
Account and the outstanding balance became due in its entirety.

12, The account balance is $46,284.20.

AS AND FOR A FIRST CAUSE OF ACTION
Breach of Contract - Business Gold Card

13. American Express repeats and realleges each and every allegation contained in paragraphs 1
through 12 of this complaint as though fully set forth at length herein.

14, Barr and PENALTY BOX VENTURES, LLC agreed to pay for all items charged to the
Account, plus finance charges and late fees. In addition, Barr and PENALTY BOX VENTURES, LLC agreed

File No. 6431531
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to pay American Express’s court costs and reasonable attorneys’ fees in the event that American Express must
refer the Account to its outside attorneys for collection.

15. Barr and PENALTY BOX VENTURES, LLC are currently indebted to American Express for
unpaid card charges, finance charges and late fees totaling $46,284.20.

16. Despite due demand, Barr and PENALTY BOX VENTURES, LLC refuse to pay American
Express any portion of the outstanding balance due and owing.

17. As aresult of Barr and PENALTY BOX VENTURES, LLC’s refusal to pay the outstanding
balance, American Express referred its claims against Barr and PENALTY BOX VENTURES, LLC to its
attorneys for collection.

18. Barr and PENALTY BOX VENTURES, LLC’s continuing refusal to pay compelled the
aforementioned attorneys to commence the current action, thereby entitling American Express to collect from
Barr and PENALTY BOX VENTURES, LLC court costs.

19. By reason of the foregoing, American Express is entitled to judgment against KRISTOPHER.
BARR and PENALTY BOX VENTURES, LLC for the sum of $46,284.20 for breach of contract, plus court
costs.

AS AND FOR A SECOND CAUSE OF ACTION
Account Stated - Business Gold Card

20. American Express repeats and re-alleges each and every allegation contained in paragraphs 1
through 19 of this complaint as though fully set forth at length herein.

21. American Express duly issued and sent to Barr and PENALTY BOX VENTURES, LLC the
monthly statements, which set forth in detail all items charged to the Cardmember Account and the total
minimum amount due and owing by Barr and PENALTY BOX VENTURES, LLC to American Express.

22. Barr and PENALTY BOX VENTURES, LLC received the monthly statements without giving
protest or indication that they were erroneous in any respect. Barr and PENALTY BOX VENTURES, LLC
thereby acknowledged that the debt owed to American Express, as set forth in the monthly stateme nts, is true
and correct.

23. By reason of the foregoing, American Express is entitled to judgment against KRISTOPHER
BARR and PENALTY BOX VENTURES, LLC for an account stated in the amount of $46,284.20 plus court
costs.

AS AND FOR A THIRD CAUSE OF ACTION
Unjust Enrichment - Business Gold Card

24. American Express repeats and re-alleges each and every allegation contained in paragraphs 1
through 23 of this complaint as though fully set forth at length herein.

25. Barr and PENALTY BOX VENTURES, LLC benefited from all of the charges made to the
Account, have acknowledged receipt of those benefits, and have failed to pay for same.

26. Barr and PENALTY BOX VENTURES, LLC have been unjustly enriched to American
Express’s detriment.

File No. 6431531
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27. By reason of the foregoing, American Express is entitled to judgment against KRISTOPHER
BARR and PENALTY BOX VENTURES, LLC for unjust enrichment in an amount to be determined at trial,
plus court costs.

WHEREFORE, American Express National Bank requests judgment against defendants,
KRISTOPHER BARR and PENALTY BOX VENTURES, LLC as follows:

@ on Count I of the complaint, American Express National Bank requests judgment against
defendants, KRISTOPHER BARR and PENALTY BOX VENTURES, LLC in the sum of $46,284.20 plus
court costs;

Gi) on Count II of the complaint, American Express National Bank requests judgment against
defendants, KRISTOPHER BARR and PENALTY BOX VENTURES, LLC in the sum of $46,284.20 plus
court costs;

Gii) on Count II of the complaint, American Express National Bank requests judgment against
defendants, KRISTOPHER BARR and PENALTY BOX VENTURES, LLC in an amount to be determined at
trial, plus court costs; and

(vy) for such other and further relief as this Court deems just and proper.

Certification Pursuant to R.4:5-1(b)(2)

I certify that the matter in controversy is not the subject of any other action or arbitration proceeding,
now or contemplated, and that no other parties should be joined in the action.

Designation of Trial Counsel Pursuant to R.4:5-1(¢)

Anthony J. Migliaccio, Jr., Esq. is hereby designated as Trial Counsel for Plaintiff(s).

Dated: April 25, 2024

/s/ ed Qa
__ Anthony J. Migliaccio, Jr., Esq.
__ Joshua J. Knurr, Esq.
X_ Alexander Fink, Esq.
AMERICAN EXPRESS LEGAL
Staff Attorneys for Plaintiff
American Express National Bank!
lease send all correspondence to:
American Express Legal
P.O. Box 278
Ramsey, NJ 07446
(877) 305-0433

File No. 6431531

Case Info

Judge

Valter H Must Track Judge’s New Case

Case No.

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Document Filed Date

May 03, 2024

Case Filing Date

May 03, 2024

County

Parties

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