On May 09, 2012 a
Motion-Secondary
was filed
involving a dispute between
American Express Centurion Bank,
and
Wendy Grabenhorst,
for CONTRACT & DEBT
in the District Court of Palm Beach County.
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IN THE CIRCUIT COURT
IN AND FOR PALM BEACH
COUNTY, FLORIDA 40
CASE NO; 2012-CA-008889-MB :
AMERICAN EXPRESS CENTURION BANK,
/
Plaintiff, .
DS
eg ca
vs. 2
3 =
. 8 =n
WENDY GRABENHORST, So —-B
285 26
Defendant. 2
o ae
ie
a
nD
PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO
DISMISS OR ABATE PURSUANT TO FLA. STAT. §620.1907(2)
COMES NOW the Plaintiff, American Express Centurion.Bank, by and through
undersigned counsel, and hereby moves this Honorable Court to deny defendant’s motion
to dismiss or abate, and in support thereof states as follows:
1. Plaintiff is a credit card bank which issues credit card accounts to cise in all
50 states in the union, as well as all U.S. territories.
2. Plaintiff is registered as a foreign corporation with the Florida Department of
State (see attached Exhibit 1), so Defendant’s argument is rendered moot.
3. Additionally, even if Plaintiff had not registered with the secretary of state, an
examination of Florida Statute §607.1501 is. needed prior to jumping to the
conclusion that Plaintiff cannot maintain this case.
4. Florida Statute §607. 1501( 1) states that a “foreign corporation may not transact
business in this state until it obtains a certificate of authority from the Department
of State.”5. The statute then goes on to state in subsection 2 that there are numerous activities
that do not constitute “transacting business”, and therefore no certificate of
~ authority is needed, among those being: miaiitaining or defending any proceeding;
maintaining bank accounts; creating or acquiring indebtedness; securing or
collecting debts; and transacting business in interstate commerce. Fla.Stat.
607.1501(2) (a) through (i).
6. Plaintiff's activities are entirely exempt from the requirement of obtaining a
certificate of authority, and therefore Defendant’s Motion should be denied.
WHEREFORE, for the above-stated reasons, Plaintiff moves this Honorable Court to
Deny Defendant’s Motion to Dismiss or Abate, and any other relief the Court deems
proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail this 7” Day of June, 2012, to: Wendy Grabenhorst, Defendant, 7180
Copperfield Circle, Lake Worth, FL 33467.
G. Michael Samples, II
Florida Bar Number 32962
10550 Deerwood Park Boulevard
Building 300, Suite 300
Jacksonville, FL 32256
Ph: 904.997.1120
Fax: 904.997.2151+ www.sunbiz.org - Department of State Page 1 of 2
LT CORE DOL Ne
Division or CORPORATIONS
” Home ContactUs -—=«EFilingServices. © +—-DocumentSearches =——“Forms. Help
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Detail by Entity Name
Foreign Profit Corporation
AMERICAN EXPRESS CENTURION BANK CORPORATION
Filing Information
Document Number F09000004944
FEI/EIN Number 112869526
Date Filed 12/11/2009
State UT
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 11/03/2010
Event Effective Date NONE
Principal Address
4315 SOUTH 2700 WEST
SALT LAKE CITY UT 84184 US
Changed 11/03/2010
Mailing Address
4315 SOUTH 2700 WEST
SALT LAKE CITY UT 84184 US
Changed 03/31/2012
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US
Officer/Director Detail
Name & Address
Title PD
MOSS, ANDREA J
4315 SOUTH 2700 WEST
SALT LAKE CITY UT 84184 US
Title ST
THOMPSON, PAUL A ST
4315 SOUTH 2700 WEST
SALT LAKE CITY UT 84184 US
Title D
GARCIAZ, MARIA D
ExniBiT
http://www.sunbiz.org/scripts/cordet.exe2action=DETFIL&ing_doc_number=F0900000494... 6/7/2012. wwaw.sunbiz.org - Department of State Page 2 of 2
4315 SOUTH 2700 WEST
SALT LAKE CITY UT 84184 US
Annual Reports
Report Year Filed Date
[2010 __, 11/032010, cee cee
2011 01/10/2011
2012 03/31/2012
Document Images
03/31/2012 —- ANNUAL REPORT
01/40/2014 — ANNUAL REPORT
11/03/2010 ~ REINSTATEMENT
12/11/2009 ~ Foreign Profit [View image in POF format}
[Note: This is not official record. See documents if question or conflict. |
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State of Florida, Department of State
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ing_doc_number=F0900000494... 6/7/2012
Document Filed Date
June 11, 2012
Case Filing Date
May 09, 2012
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IN THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA 40 CASE NO; 2012-CA-008889-MB : AMERICAN EXPRESS CENTURION BANK, / Plaintiff, . DS eg ca vs. 2 3 = . 8 =n WENDY GRABENHORST, So —-B 285 26 Defendant. 2 o ae ie a nD PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS OR ABATE PURSUANT TO FLA. STAT. §620.1907(2) COMES NOW the Plaintiff, American Express Centurion.Bank, by and through undersigned counsel, and hereby moves this Honorable Court to deny defendant’s motion to dismiss or abate, and in support thereof states as follows: 1. Plaintiff is a credit card bank which issues credit card accounts to cise in all 50 states in the union, as well as all U.S. territories. 2. Plaintiff is registered as a foreign corporation with the Florida Department of State (see attached Exhibit 1), so Defendant’s argument is rendered moot. 3. Additionally, even if Plaintiff had not registered with the secretary of state, an examination of Florida Statute §607.1501 is. needed prior to jumping to the conclusion that Plaintiff cannot maintain this case. 4. Florida Statute §607. 1501( 1) states that a “foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State.”5. The statute then goes on to state in subsection 2 that there are numerous activities that do not constitute “transacting business”, and therefore no certificate of ~ authority is needed, among those being: miaiitaining or defending any proceeding; maintaining bank accounts; creating or acquiring indebtedness; securing or collecting debts; and transacting business in interstate commerce. Fla.Stat. 607.1501(2) (a) through (i). 6. Plaintiff's activities are entirely exempt from the requirement of obtaining a certificate of authority, and therefore Defendant’s Motion should be denied. WHEREFORE, for the above-stated reasons, Plaintiff moves this Honorable Court to Deny Defendant’s Motion to Dismiss or Abate, and any other relief the Court deems proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this 7” Day of June, 2012, to: Wendy Grabenhorst, Defendant, 7180 Copperfield Circle, Lake Worth, FL 33467. G. Michael Samples, II Florida Bar Number 32962 10550 Deerwood Park Boulevard Building 300, Suite 300 Jacksonville, FL 32256 Ph: 904.997.1120 Fax: 904.997.2151+ www.sunbiz.org - Department of State Page 1 of 2 LT CORE DOL Ne Division or CORPORATIONS ” Home ContactUs -—=«EFilingServices. © +—-DocumentSearches =——“Forms. Help Previous on List Next on List . Return To List Entity Name Search Events No Name History Detail by Entity Name Foreign Profit Corporation AMERICAN EXPRESS CENTURION BANK CORPORATION Filing Information Document Number F09000004944 FEI/EIN Number 112869526 Date Filed 12/11/2009 State UT Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/03/2010 Event Effective Date NONE Principal Address 4315 SOUTH 2700 WEST SALT LAKE CITY UT 84184 US Changed 11/03/2010 Mailing Address 4315 SOUTH 2700 WEST SALT LAKE CITY UT 84184 US Changed 03/31/2012 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer/Director Detail Name & Address Title PD MOSS, ANDREA J 4315 SOUTH 2700 WEST SALT LAKE CITY UT 84184 US Title ST THOMPSON, PAUL A ST 4315 SOUTH 2700 WEST SALT LAKE CITY UT 84184 US Title D GARCIAZ, MARIA D ExniBiT http://www.sunbiz.org/scripts/cordet.exe2action=DETFIL&ing_doc_number=F0900000494... 6/7/2012. wwaw.sunbiz.org - Department of State Page 2 of 2 4315 SOUTH 2700 WEST SALT LAKE CITY UT 84184 US Annual Reports Report Year Filed Date [2010 __, 11/032010, cee cee 2011 01/10/2011 2012 03/31/2012 Document Images 03/31/2012 —- ANNUAL REPORT 01/40/2014 — ANNUAL REPORT 11/03/2010 ~ REINSTATEMENT 12/11/2009 ~ Foreign Profit [View image in POF format} [Note: This is not official record. See documents if question or conflict. | Previous on List Next on List Return To List Entity Name Search Events No Name History | Home | Contact us | Document Searches | E-Filing Services | Forms | Help | Copyright© and Privacy Policies State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ing_doc_number=F0900000494... 6/7/2012