Preview
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, , ,, W , ar number, and address): FOR COURT USE ONLY
MARTIN HOFFMANN CA# 248141 / JANET L. BROWN CA# 208602
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
1320 WILLOW PASS ROAD. SUITE 730
CONCORD, CA 94520
TELEPHONE NO.: (925)689—7070 TELEPHONE NO.: (925)689-7070
E—MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): AMERICAN EXPRESS CENTURION BANK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
400 COUNTY CENTER
STREETADDRESS: IF E
JIM MATEO COUNT"
LEE
400 COUNTY CENTER
MAILING ADDRESS;
emuezecoee REDWOOD CITY, CA 94063—1655
BRANCH NAME: MAIN COURTHOUSE
PLAINTIFF: AMERICAN EXPRESS CENTURION BANK
DEFENDANT:
EI DOES1T010
ROSANNA PITTELLA and DOES
CONTRACT
1—10, inclusive
/
1T—GLJ—[T5544
goMnfpiam
‘-
x COMPLAINT El AMENDED COMPLAINT (Number): 859160
E] CROSS-COMPLAINT E] AMENDED CROSS-COMPLAINT (Number):
I ”IIIIIIIIHIIIIIIIIIIIIIII”ll"
Jurisdiction (check all that apfily): CASE NUMBER.'
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
[:1
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION ls RECLASSIFIED by this amended complaint or cross-complaint l7 C L, J () 5 5 4 A‘"
E] from limited to unlimited
E] from unlimited to limited
1. Plaintiff" (name or names): AMERICAN EXPRESS CENTURION BANK
alleges causes of action against defendant* (name or names): ROSANNA PITTELLA and DOES 1-10, inclusive
2.
3.
This pleading, including attachments and exhibits, consists of the following number of pages:
a. Each plaintiff named above is a competent adult
1
12] except plaintiff (name): AMERICAN EXPRESS CENTURION BANK
(3) E] a corporation qualified to do business in California
(2) C] an unincorporated entity (describe):
(3) IX] other (specify): Plaintiff is an industrial bank organized under the laws of the State of Utah, with a
principal place of business in Salt Lake City, Utah.
b. E] Plaintiff (name):
a. E] has complied with the fictitious business name laws and is doing business under the fictitious name (specify):
b. [I has complied with all licensing requirements as a licensed (specify):
c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4. a. Each defendant named above is a natural person
I:I except defendant (name): E] except defendant (name):
(1) CI a business organization, form unknown (1) I:I a business organization, form unknown
(2) E] a corporation (2) E] a corporation
(3) [:I an unincorporated entity (describe): (3) C] an unincorporated entity (describe):
(4) E] a public entity (describe): (4) E] a public entity (describe):
(5) [I other (specify): (5) El other (specify):
* If this form is used as a crass-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2
rOngtional Use Judictal Code of CIVIl Procedure, 425.12
Fog:
“1:252:23; lilof; COMPLAINT—Contract §
PLD-C-OOI [Rem January 1, 2007]
PLD-C-OO1
SHORT TITLE: CASE NUMBER:
AMERICAN EXPRESS CENTURION BANK v. ROSANNA PITTELLA and DOES 1-10,
inclusive
4. (Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(1) El Doe defendants (specify Doe numbers): were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2) IXI Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
plaintiff.
c. D Information about additional defendants who are not natural persons is contained in Attachment 40.
d. [:I Defendants who are joined under Code of Civil Procedure section 382 are (names):
5. 1:] Plaintiff is required to comply with a claims statute, and
a. E] has complied with applicable claims statutes, or
b. E] is excused from complying because (specify):
6. [:I This action is subject to I: Civil Code section 1812.10 I:] Civil Code section 2984.4.
7. This court is the proper court because
a. E] a defendant entered into the contract here.
b. E] a defendant lived here when the contract was entered into.
c. [X a defendant lives here now.
d. E] the contract was to be performed here.
e. E] a defendant is a corporation or unincorporated association and its principal place of business is here.
f. I: real property that is the subject of this action is located here.
g. E] other (specify):
8. The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
[:I Breach of Contract
IE Common Counts
D Other (specify):
9. Other allegations:
10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. damages of: $ 5,836.50
b. D interest on the damages
(1) [:I according to proof
(2) III at the rate of (specify):
o. D attorney's fees
(1):] of:$
(2H: according to proof.
d. El other (specify):
11. [j The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
Date:
fl 1]; @@fl W
[WARTIN HOFFMANN #248141
[ ] JANET L. BROWN #208602 }
(TYPE OR PRINT NAME) I/ (SIGNATURE or PLAINTIFF on ATTORNEY)
(Ifyou wish to verify this pleading, affix a verification.) Page 2 of2
PLD-C-OOI [Rev. January 1, 2007] COMPLAINT—Contract American LegalNet, Inc.
www.FormsWorlgflow.com
SHORT TITLE: CASE NUMBER:
AMERICAN EXPRESS CENTURION BANK v. ROSANNA PITTELLA and DOES 1-10,
inclusive
FIRST CAUSE OF ACTION—Common Counts
(number)
ATTACHMENT TO IXI Complaint E] Cross— Complaint
(Use a separate cause of action form for each cause of action.)
CC-1.P|aintiff (name): AMERICAN EXPRESS CENTURION BANK
alleges that defendant (name): ROSANNA PITTELLA , and DOES 1 through 10, inclusive,
became indebted to IE plaintiff E] other (name):
a. within the last four years
(1) [2] on an open book account for money due.
(2) X] because an account was stated in writing by and between plaintiff and defendant in which it was
agreed that defendant was indebted to plaintiff.
b. E] within the last [1 two years IE four years
(1) CI for money had and received by defendant for the use and benefit of plaintiff.
(2) E] for work, labor, services and materials rendered at the special instance and request of defendant and for
which defendant promised to pay plaintiff.
[:1 the sum of $
El the reasonable value.
(3) IX] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to
pay plaintiff
E the sum of $5,836.50
[:1 the reasonable value.
CI for money lent by plaintiff to defendant at defendant's request.
El for money paid, laid out, and expended to or for defendant at defendant's special instance and request.
IX other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/
or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The account is
identified as credit account ending in 1000. The Defendant(s) was billed periodically throughout the
credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15
USC Section 1666 et seq.) See an account record for account ending in 1000 attached as Exhibit “".A
The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived
by the Defendant(s).
CC—2. $, which is the reasonable value, is due and unpaid despite plaintiff‘s demand,
plus prejudgment interest El according to proof E] at the rate percent per year
from (date):
CC-3. E] Plaintiff is entitled to attorney fees by an agreement or a statute
El of$
[:I according to proof.
CC-4. IE Other: $5,836.50, which is the fixed and agreed amount due and unpaid despite Plaintiff's demand.
Page - Three
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California CAUSE OF ACTION—Common Counts WWW “Wm “25-12
mvw.coul‘linfo.ca.gov
PLD~C-001(2) [Rem January 1,2009]
EXHIBIT A
Amex EveryDa , -:redit Card p. 1/5
ROSANNA PlTTELLA
Closing Date 05/14/17 Account WW. _-__1000
Membership Rewards” Points
1 New Balance $533650 5
Available and Pending as of04/30/i7
Minimum Payment Due $1,198.00 5
°
For more details about Rewards, please
Includes the past due amount 0f $94500 :
; visit americanexpress.comlrewardsinfo
Payment Due Date 06/08/17 * }
Account Summary
2
1 Late Payment Warning: if we do not receive your Minimum Payment Due by PFEViOUS Balance 55.73123
the Payment Due Date of 06/08/1 7, you may have to pay a late fee of up to :
Payments/Credits -$0.00
$38.00 and your APRs may be increased to the Penalty APR of 29.99%. 5
New Charges +$0.00
5
Fees +$38.00
Interest Charged +$67.27
i
}
f- _ W... W...” .m. .. WWW.-. ._- ______ _ ._
Minimum Payment Warning: if you make only the minimum payment each period, New Balance 351835-50
you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,198-00
‘
example:
1
Credit Limit $3,000.00
if you make no additional Youwill pay off the balance E
And you will pay an Available Credit $0.00
and each month you on this statement in estlmated total of...
(Fz’iaralrges
211332.. l Cash Advance Limit $0.00
.
l Available Cash $0.00
Only the . . .
Days In Brllrng Period. 31
. _
Minimum Payment Due 13 years $9,124
1
If you would like information about credit counseling services, call 1-888-733-4139. CUStomer Care
See page 2 for important information about your account i
‘3] :: Pgfigzaizrpegstszom/pbc
New York Residents: New York Residents may contact the New York State Customer Ca re Pay by Phone
® Department of Financial Services by telephone or visit its website for free 1‘800'535‘5955 1‘800’472'9297
information on comparative credit card rates, fees, and grace periods. New York [“1 . .
Department of Financial Services: 1-800-342-3736 or www.dfs.ny,gov. 3-] See Page 2 f°r a dd’itiona | Information.
Your account is past due and overlimit. If you would like to receive e-
mail alerts about payments, spending or fraud protection, you can sign up
at america nexpress.’com/alerts.
Continued on page 3
4’ Please fold on the perforation below, detach and return with your paymentda
A
"* Payment Coupon
Do not staple or use paper clips
Pay by Computer
americanexpress.com/pbc
(’ Pay by Phone
1-800-472-9297
Account 1 000
Enter 15 digit account # on all payments.
Make check payable to American Express.
ll||"Ill'""ll"'llllll'l"lll"llll'l'llll"lllll'"l'l“lll“
ROSANNA PlTl'ELLA Payment Due Date
11 BROADWAY 06108/1 7
STE 1600
NEWYORK NY 10004313 New Balance
$5,836.50
Minimum Pa ment Due
1,1 98.00
'Il'I'u'lll--|ll'I'"'||I"l"ur"II-""lrll'III'v-lul'rl'l'
Check here if your address or AMERICAN EXPRESS
phone number has changed. P.O. BOX 1270 Amount Enclosed
Note changes on reverse side. NEWARK NJ 07101-1270
;
Lu rl
ROSANNA PlTTELLA .
Account 1000 P- 2/5
Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 pm. local time at that address
to be credited as of the day it is received. Payments we receive after 5 pm. 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 ciearabie 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.
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 deposit or 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 deposit or other asset
:ccount you specify in the amount you request Payments using such services of ours received after 8:00 pm. MST may not be credited until the next
ay.
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 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 daily compounding ofinterest.
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 othen/vise 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 2.70% of the converted US dollar amount. 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. To request a refund, contact us at the address or phone number as
noted below for Customer Care 81 Billing inquiries.
Credit Reporting: We may report informationabout 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 1-800~635-5955 Hearing impaired . ‘
,, international Collect 1636-3934 11 i TTY: 1-800—221-9950 “lemma: amencanexpress.com
Large Print & Braille Statements 1-800-635-5955 FAX: 1-800-695—9090 ;
Cash Advance at ATMs inquiries 1-800-CASH-NOW In NY: 1-800-522—1897 CUStOMEl‘ Care
’
& Billing Inquiries Payments
. P.O. BOX 981535 PO. BOX 1270
i
? EL PASO, TX NEWARK NJ 07101-
79998—1 535 1270
3
I
Cha nge oifr Address
I correct on rent, onot use. . .
' To change your address online,visit www.americanexpress.com/updatecontactinfo Pay _Y 0 lll’ BI" With Autopay
' For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. ~ AVOld Ilate fees
' Please printclearly in blue or black inkonly in the boxes provided. . Save time
Deduct your paymentfrom your bank
Sweet Address account automatically each month
I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I
i
Visit americanexpress.comlautopay
,
I
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today to enroll.
Iillllilill
City, State
I I I I I I I I I l I I I I I I I I
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made i l I l l l i l I l
A C d d
”3.22::
Wfifk‘é‘ifiznd For information on how we protect your
_‘
I I I I I I I I I I I
privacy and to setyour communication
Email and privacy choices, please visit
I
www.americanexpress.comlprivacy.
Amex EveryDay edit Card p. 3/5
ROSAN NA Pl'l'l'ELLA .
Closing Date 05/14/17 Account I
31000
Q) As a valued Card Member we want to make you aware that, should
variable APRs increase, the Penalty APR on‘your account will not exceed
29.99%. Your APRs may be increased to the Penalty APR if we do not
receive your payment on time or if your payment is returned by your
bank
[ Fees
Amount
05/08/17 Late Payment Fee
_
$38.00
Total Fees for this Period $38.00
Interest Cha rged
Amount
05/14/17 Interest Charge on Purchases $44.46
05/ 1 4/1 7 Interest Charge on Promotional, Balances $22.81
Total Interest Charged for this Period $67.27
About Trailing Interest
You may see interest on your next statement even ifyou pay the new balance in full and on time and make no new charges. This is called "trailing
interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge
interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchass by paying your
balance in full and on time each month. Please see the "When we charge interest“ subsection in your Cardmember Agreement for details.
2017 Fees a nd Interest Totals Yea r-to-Date
Amount
Total Fees in 2017 $190.00
.
Total Interest in 2017 . _
$315.20
_ g g > ’
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Transactions Dated Annual Balance Interest
Percentage Subject to Charge
From To Rate Interest Rate
Purchases 02/01/2017 13.74% (v) $123.52 $1.44
Purchases 09/02/2016 01/31/2017 13.74% (v) $2,365.00 $27.57
Purchases 12/17/2014 09/01/2016 13.74% (v) $1,325.82 $15.45
Cash Advances 02/01/2017 25.99% (v) $0.00 $0.00
Introductory Purchase 12/17/2014 04/13/2016 13.74% (v) $1,956.68 $22.81
Rate Expired
Total $67.27
(v) Variable Rate
. 9 .5/5
Membership newards®
Monthly Statement and Program News
Prepared for ROSANNA PlTl'ELLA Account Number 1M69408076 _
‘ """""" M ' Questions About Your Account?
5Total Pornts Balance _
'
,
_____ ‘ M
'1
,
-
. . .
1
1
OJ m membershiprewards_com
5
"‘ “‘ “‘1 1-soo-AXP-EARN(297-327e)‘
r _ . _ ‘
i Pomts Earned this Period 0 International Collect: 1-336-393-1111
l
Did You Know?
{Account
‘ Summary April 1,2017-April30,2017i
j
, .
Remember, use your Amex EveryDay" Credit
OPENWEJ Paints Balance 450 Card 20 or more times on purchases in a
. . . billing period and earn 20% extra points on
Pomts Earned thls Period 0 those purchases less returns and credits.
‘
‘
Terms and limitations apply.
Points Used this Period 0
Reinstated Points and Adjustments -450
Total Points Balance 0
Points Earned this Period are pending until charges are paid in full and all your
accounts are in good standing.
;
Paints Transaction Detail April 1, 2017-Apnl 30, 2017J
Points Earned this Period Points Activity On Bonus Points Total Points
Eligible Charges Awarded Activity Per Ca rd
Amex Eveeay 0 o 0
1000 ‘
Total 0 0 0
Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or
redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below orvisiting
membershiprewards.com. Terms and Conditions of the Membership Rewards” program apply. For more information, visit
membershiprewards.com/terms or call 1-800-AXP—EARN (297-3276). From overseas. call collect 1-336-393-1 'l 'l 1.
Preview
PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, , ,, W , ar number, and address): FOR COURT USE ONLY MARTIN HOFFMANN CA# 248141 / JANET L. BROWN CA# 208602 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 1320 WILLOW PASS ROAD. SUITE 730 CONCORD, CA 94520 TELEPHONE NO.: (925)689—7070 TELEPHONE NO.: (925)689-7070 E—MAIL ADDRESS (Optional): ATTORNEY FOR (Name): AMERICAN EXPRESS CENTURION BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 400 COUNTY CENTER STREETADDRESS: IF E JIM MATEO COUNT" LEE 400 COUNTY CENTER MAILING ADDRESS; emuezecoee REDWOOD CITY, CA 94063—1655 BRANCH NAME: MAIN COURTHOUSE PLAINTIFF: AMERICAN EXPRESS CENTURION BANK DEFENDANT: EI DOES1T010 ROSANNA PITTELLA and DOES CONTRACT 1—10, inclusive / 1T—GLJ—[T5544 goMnfpiam ‘- x COMPLAINT El AMENDED COMPLAINT (Number): 859160 E] CROSS-COMPLAINT E] AMENDED CROSS-COMPLAINT (Number): I ”IIIIIIIIHIIIIIIIIIIIIIII”ll" Jurisdiction (check all that apfily): CASE NUMBER.' ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 [:1 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION ls RECLASSIFIED by this amended complaint or cross-complaint l7 C L, J () 5 5 4 A‘" E] from limited to unlimited E] from unlimited to limited 1. Plaintiff" (name or names): AMERICAN EXPRESS CENTURION BANK alleges causes of action against defendant* (name or names): ROSANNA PITTELLA and DOES 1-10, inclusive 2. 3. This pleading, including attachments and exhibits, consists of the following number of pages: a. Each plaintiff named above is a competent adult 1 12] except plaintiff (name): AMERICAN EXPRESS CENTURION BANK (3) E] a corporation qualified to do business in California (2) C] an unincorporated entity (describe): (3) IX] other (specify): Plaintiff is an industrial bank organized under the laws of the State of Utah, with a principal place of business in Salt Lake City, Utah. b. E] Plaintiff (name): a. E] has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. [I has complied with all licensing requirements as a licensed (specify): c. D Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural person I:I except defendant (name): E] except defendant (name): (1) CI a business organization, form unknown (1) I:I a business organization, form unknown (2) E] a corporation (2) E] a corporation (3) [:I an unincorporated entity (describe): (3) C] an unincorporated entity (describe): (4) E] a public entity (describe): (4) E] a public entity (describe): (5) [I other (specify): (5) El other (specify): * If this form is used as a crass-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2 rOngtional Use Judictal Code of CIVIl Procedure, 425.12 Fog: “1:252:23; lilof; COMPLAINT—Contract § PLD-C-OOI [Rem January 1, 2007] PLD-C-OO1 SHORT TITLE: CASE NUMBER: AMERICAN EXPRESS CENTURION BANK v. ROSANNA PITTELLA and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) El Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) IXI Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 40. d. [:I Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. 1:] Plaintiff is required to comply with a claims statute, and a. E] has complied with applicable claims statutes, or b. E] is excused from complying because (specify): 6. [:I This action is subject to I: Civil Code section 1812.10 I:] Civil Code section 2984.4. 7. This court is the proper court because a. E] a defendant entered into the contract here. b. E] a defendant lived here when the contract was entered into. c. [X a defendant lives here now. d. E] the contract was to be performed here. e. E] a defendant is a corporation or unincorporated association and its principal place of business is here. f. I: real property that is the subject of this action is located here. g. E] other (specify): 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [:I Breach of Contract IE Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ 5,836.50 b. D interest on the damages (1) [:I according to proof (2) III at the rate of (specify): o. D attorney's fees (1):] of:$ (2H: according to proof. d. El other (specify): 11. [j The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: fl 1]; @@fl W [WARTIN HOFFMANN #248141 [ ] JANET L. BROWN #208602 } (TYPE OR PRINT NAME) I/ (SIGNATURE or PLAINTIFF on ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) Page 2 of2 PLD-C-OOI [Rev. January 1, 2007] COMPLAINT—Contract American LegalNet, Inc. www.FormsWorlgflow.com SHORT TITLE: CASE NUMBER: AMERICAN EXPRESS CENTURION BANK v. ROSANNA PITTELLA and DOES 1-10, inclusive FIRST CAUSE OF ACTION—Common Counts (number) ATTACHMENT TO IXI Complaint E] Cross— Complaint (Use a separate cause of action form for each cause of action.) CC-1.P|aintiff (name): AMERICAN EXPRESS CENTURION BANK alleges that defendant (name): ROSANNA PITTELLA , and DOES 1 through 10, inclusive, became indebted to IE plaintiff E] other (name): a. within the last four years (1) [2] on an open book account for money due. (2) X] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. E] within the last [1 two years IE four years (1) CI for money had and received by defendant for the use and benefit of plaintiff. (2) E] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [:1 the sum of $ El the reasonable value. (3) IX] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff E the sum of $5,836.50 [:1 the reasonable value. CI for money lent by plaintiff to defendant at defendant's request. El for money paid, laid out, and expended to or for defendant at defendant's special instance and request. IX other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/ or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The account is identified as credit account ending in 1000. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 1000 attached as Exhibit “".A The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived by the Defendant(s). CC—2. $, which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest El according to proof E] at the rate percent per year from (date): CC-3. E] Plaintiff is entitled to attorney fees by an agreement or a statute El of$ [:I according to proof. CC-4. IE Other: $5,836.50, which is the fixed and agreed amount due and unpaid despite Plaintiff's demand. Page - Three Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Common Counts WWW “Wm “25-12 mvw.coul‘linfo.ca.gov PLD~C-001(2) [Rem January 1,2009] EXHIBIT A Amex EveryDa , -:redit Card p. 1/5 ROSANNA PlTTELLA Closing Date 05/14/17 Account WW. _-__1000 Membership Rewards” Points 1 New Balance $533650 5 Available and Pending as of04/30/i7 Minimum Payment Due $1,198.00 5 ° For more details about Rewards, please Includes the past due amount 0f $94500 : ; visit americanexpress.comlrewardsinfo Payment Due Date 06/08/17 * } Account Summary 2 1 Late Payment Warning: if we do not receive your Minimum Payment Due by PFEViOUS Balance 55.73123 the Payment Due Date of 06/08/1 7, you may have to pay a late fee of up to : Payments/Credits -$0.00 $38.00 and your APRs may be increased to the Penalty APR of 29.99%. 5 New Charges +$0.00 5 Fees +$38.00 Interest Charged +$67.27 i } f- _ W... W...” .m. .. WWW.-. ._- ______ _ ._ Minimum Payment Warning: if you make only the minimum payment each period, New Balance 351835-50 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,198-00 ‘ example: 1 Credit Limit $3,000.00 if you make no additional Youwill pay off the balance E And you will pay an Available Credit $0.00 and each month you on this statement in estlmated total of... (Fz’iaralrges 211332.. l Cash Advance Limit $0.00 . l Available Cash $0.00 Only the . . . Days In Brllrng Period. 31 . _ Minimum Payment Due 13 years $9,124 1 If you would like information about credit counseling services, call 1-888-733-4139. CUStomer Care See page 2 for important information about your account i ‘3] :: Pgfigzaizrpegstszom/pbc New York Residents: New York Residents may contact the New York State Customer Ca re Pay by Phone ® Department of Financial Services by telephone or visit its website for free 1‘800'535‘5955 1‘800’472'9297 information on comparative credit card rates, fees, and grace periods. New York [“1 . . Department of Financial Services: 1-800-342-3736 or www.dfs.ny,gov. 3-] See Page 2 f°r a dd’itiona | Information. Your account is past due and overlimit. If you would like to receive e- mail alerts about payments, spending or fraud protection, you can sign up at america nexpress.’com/alerts. Continued on page 3 4’ Please fold on the perforation below, detach and return with your paymentda A "* Payment Coupon Do not staple or use paper clips Pay by Computer americanexpress.com/pbc (’ Pay by Phone 1-800-472-9297 Account 1 000 Enter 15 digit account # on all payments. Make check payable to American Express. ll||"Ill'""ll"'llllll'l"lll"llll'l'llll"lllll'"l'l“lll“ ROSANNA PlTl'ELLA Payment Due Date 11 BROADWAY 06108/1 7 STE 1600 NEWYORK NY 10004313 New Balance $5,836.50 Minimum Pa ment Due 1,1 98.00 'Il'I'u'lll--|ll'I'"'||I"l"ur"II-""lrll'III'v-lul'rl'l' Check here if your address or AMERICAN EXPRESS phone number has changed. P.O. BOX 1270 Amount Enclosed Note changes on reverse side. NEWARK NJ 07101-1270 ; Lu rl ROSANNA PlTTELLA . Account 1000 P- 2/5 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 pm. local time at that address to be credited as of the day it is received. Payments we receive after 5 pm. 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 ciearabie 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. 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 deposit or 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 deposit or other asset :ccount you specify in the amount you request Payments using such services of ours received after 8:00 pm. MST may not be credited until the next ay. 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 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 daily compounding ofinterest. 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 othen/vise 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 2.70% of the converted US dollar amount. 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. To request a refund, contact us at the address or phone number as noted below for Customer Care 81 Billing inquiries. Credit Reporting: We may report informationabout 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 1-800~635-5955 Hearing impaired . ‘ ,, international Collect 1636-3934 11 i TTY: 1-800—221-9950 “lemma: amencanexpress.com Large Print & Braille Statements 1-800-635-5955 FAX: 1-800-695—9090 ; Cash Advance at ATMs inquiries 1-800-CASH-NOW In NY: 1-800-522—1897 CUStOMEl‘ Care ’ & Billing Inquiries Payments . P.O. BOX 981535 PO. BOX 1270 i ? EL PASO, TX NEWARK NJ 07101- 79998—1 535 1270 3 I Cha nge oifr Address I correct on rent, onot use. . . ' To change your address online,visit www.americanexpress.com/updatecontactinfo Pay _Y 0 lll’ BI" With Autopay ' For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. ~ AVOld Ilate fees ' Please printclearly in blue or black inkonly in the boxes provided. . Save time Deduct your paymentfrom your bank Sweet Address account automatically each month I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i Visit americanexpress.comlautopay , I I. today to enroll. Iillllilill City, State I I I I I I I I I l I I I I I I I I i made i l I l l l i l I l A C d d ”3.22:: Wfifk‘é‘ifiznd For information on how we protect your _‘ I I I I I I I I I I I privacy and to setyour communication Email and privacy choices, please visit I www.americanexpress.comlprivacy. Amex EveryDay edit Card p. 3/5 ROSAN NA Pl'l'l'ELLA . Closing Date 05/14/17 Account I 31000 Q) As a valued Card Member we want to make you aware that, should variable APRs increase, the Penalty APR on‘your account will not exceed 29.99%. Your APRs may be increased to the Penalty APR if we do not receive your payment on time or if your payment is returned by your bank [ Fees Amount 05/08/17 Late Payment Fee _ $38.00 Total Fees for this Period $38.00 Interest Cha rged Amount 05/14/17 Interest Charge on Purchases $44.46 05/ 1 4/1 7 Interest Charge on Promotional, Balances $22.81 Total Interest Charged for this Period $67.27 About Trailing Interest You may see interest on your next statement even ifyou pay the new balance in full and on time and make no new charges. This is called "trailing interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchass by paying your balance in full and on time each month. Please see the "When we charge interest“ subsection in your Cardmember Agreement for details. 2017 Fees a nd Interest Totals Yea r-to-Date Amount Total Fees in 2017 $190.00 . Total Interest in 2017 . _ $315.20 _ g g > ’ Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate Interest Rate Purchases 02/01/2017 13.74% (v) $123.52 $1.44 Purchases 09/02/2016 01/31/2017 13.74% (v) $2,365.00 $27.57 Purchases 12/17/2014 09/01/2016 13.74% (v) $1,325.82 $15.45 Cash Advances 02/01/2017 25.99% (v) $0.00 $0.00 Introductory Purchase 12/17/2014 04/13/2016 13.74% (v) $1,956.68 $22.81 Rate Expired Total $67.27 (v) Variable Rate . 9 .5/5 Membership newards® Monthly Statement and Program News Prepared for ROSANNA PlTl'ELLA Account Number 1M69408076 _ ‘ """""" M ' Questions About Your Account? 5Total Pornts Balance _ ' , _____ ‘ M '1 , - . . . 1 1 OJ m membershiprewards_com 5 "‘ “‘ “‘1 1-soo-AXP-EARN(297-327e)‘ r _ . _ ‘ i Pomts Earned this Period 0 International Collect: 1-336-393-1111 l Did You Know? {Account ‘ Summary April 1,2017-April30,2017i j , . Remember, use your Amex EveryDay" Credit OPENWEJ Paints Balance 450 Card 20 or more times on purchases in a . . . billing period and earn 20% extra points on Pomts Earned thls Period 0 those purchases less returns and credits. ‘ ‘ Terms and limitations apply. Points Used this Period 0 Reinstated Points and Adjustments -450 Total Points Balance 0 Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. ; Paints Transaction Detail April 1, 2017-Apnl 30, 2017J Points Earned this Period Points Activity On Bonus Points Total Points Eligible Charges Awarded Activity Per Ca rd Amex Eveeay 0 o 0 1000 ‘ Total 0 0 0 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below orvisiting membershiprewards.com. Terms and Conditions of the Membership Rewards” program apply. For more information, visit membershiprewards.com/terms or call 1-800-AXP—EARN (297-3276). From overseas. call collect 1-336-393-1 'l 'l 1.