On December 28, 2018 a
Complaint,Petition
was filed
involving a dispute between
American Express National Bank,
and
Wieber, John,
for CONTRACTS AND INDEBTEDNESS - CIRCUIT
in the District Court of Pinellas County.
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Case Number:19-000019-CI
Filing # 82670706 E-Filed 12/28/2018 06:31:59 PM
IN THE CIRCUIT COURT
IN AND FOR PINELLAS
COUNTY, FLORIDA
CASE NO.
DIVISION:
AMERICAN EXPRESS NATIONAL BANK,
Plaintiff,
Vs.
JOHN WIEBER AKA JOHN T WIEBER
Defendant(s)
COMPLAINT
The Plaintiff, AMERICAN EXPRESS NATIONAL BANK, (hereinafter “Plaintiff”) sues
the Defendant(s), JOHN WIEBER AKA JOHN T WIEBER (hereinafter “Defendant(s)”) and
says:
1. Plaintiff is a National Bank located in Utah. On April 1, 2018, American Express
Centurion Bank changed its name to American Express National Bank. Additionally, on Apn’l 1,
201 8, American Express Bank, FSB merged with American Express National Bank, with
American Express National Bank as the surviving entity after the merger.
COUNT I —- BREACH OF CONTRACT
2. That this is an action for damages that does exceed $15,000.00, exclusive of interest
and court costs.
3. This action is based upon a Credit Agreement entered into by the Defendant(s) with
the Plaintiff.
4. The Defendant(s) used or authorized the use of said account to incur charges, or
receive cash advances, or kept the account open for future use, and by such action assumed the
obligations of the credit agreement. (The governing Credit Agreement terms are attached and
incorporated as Exhibit A).
***ELECTRONICALLY FILED 12/28/2018 06:31:57 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
5. A record of the account statement is attached. See Exhibit B.
6. The Defendant(s) subsequently defaulted on the Credit Agreement and the Plaintiff
accelerated the balance due on the account per the credit agreement.
7. The Defendant(s) owes the Plaintiff $36,445.45.
8. The Plaintiff has performed all conditions precedent to bn'nging this action, or the
same have been waived by the Defendant(s).
WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s).
COUNT II - BREACH OF CONTRACT
9. That this isan action for damages that does not exceed $5,000.00, exclusive of interest
and court costs.
10. This action is based upon a Credit Agreement entered into by the Defendant(s) With
the Plaintiff.
11. The Defendant(s) used or authorized the use of said account to incur charges, or
receive cash advances, or kept the account open for future use, and by such action assumed the
obligations of the credit agreement. (The governing Credit Agreement terms are attached and
incorporated as Exhibit C).
12. A record of the account statement is attached. See Exhibit D.
13. The Defendant(s) subsequently defaulted on the Credit Agreement and the Plaintiff
accelerated the balance due 0n the account per the credit agreement.
14. The Defendant(s) owes the Plaintiff $1,074.32.
15. The Plaintiff has performed all conditions precedent to bringing this action, or the
same have been waived by the Defendant(s).
WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s).
ZWICKER & ASSOCIATES, P.C.
/J/ Nata/J’a J 5mm, 5J9.
D CHRISTINA N. CHARLET, ESQ.
FLORIDA BAR #0099460
D ERIC B. COOLEY, ESQ.
FLORIDA BAR #1 1 1433
D NATAIJA J. BROWN, ESQ.
FLORIDA BAR #1 19491
D JESSICA L. FREDERICK, ESQ.
FLORIDA BAR #123805
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
ATTORNEY FOR PLAINTIFF
10751 DEERWOOD PARK BLVD
SUITE 100
JACKSONVILLE, FL 32256
Phone; (904)997-2 140
Fax: (904)997-2151 e
Email: FLORIDALITIGATION@ZWICKERPC.COM
Document Filed Date
December 28, 2018
Case Filing Date
December 28, 2018
Category
CONTRACTS AND INDEBTEDNESS - CIRCUIT
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Case Number:19-000019-CI Filing # 82670706 E-Filed 12/28/2018 06:31:59 PM IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. DIVISION: AMERICAN EXPRESS NATIONAL BANK, Plaintiff, Vs. JOHN WIEBER AKA JOHN T WIEBER Defendant(s) COMPLAINT The Plaintiff, AMERICAN EXPRESS NATIONAL BANK, (hereinafter “Plaintiff”) sues the Defendant(s), JOHN WIEBER AKA JOHN T WIEBER (hereinafter “Defendant(s)”) and says: 1. Plaintiff is a National Bank located in Utah. On April 1, 2018, American Express Centurion Bank changed its name to American Express National Bank. Additionally, on Apn’l 1, 201 8, American Express Bank, FSB merged with American Express National Bank, with American Express National Bank as the surviving entity after the merger. COUNT I —- BREACH OF CONTRACT 2. That this is an action for damages that does exceed $15,000.00, exclusive of interest and court costs. 3. This action is based upon a Credit Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of said account to incur charges, or receive cash advances, or kept the account open for future use, and by such action assumed the obligations of the credit agreement. (The governing Credit Agreement terms are attached and incorporated as Exhibit A). ***ELECTRONICALLY FILED 12/28/2018 06:31:57 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 5. A record of the account statement is attached. See Exhibit B. 6. The Defendant(s) subsequently defaulted on the Credit Agreement and the Plaintiff accelerated the balance due on the account per the credit agreement. 7. The Defendant(s) owes the Plaintiff $36,445.45. 8. The Plaintiff has performed all conditions precedent to bn'nging this action, or the same have been waived by the Defendant(s). WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s). COUNT II - BREACH OF CONTRACT 9. That this isan action for damages that does not exceed $5,000.00, exclusive of interest and court costs. 10. This action is based upon a Credit Agreement entered into by the Defendant(s) With the Plaintiff. 11. The Defendant(s) used or authorized the use of said account to incur charges, or receive cash advances, or kept the account open for future use, and by such action assumed the obligations of the credit agreement. (The governing Credit Agreement terms are attached and incorporated as Exhibit C). 12. A record of the account statement is attached. See Exhibit D. 13. The Defendant(s) subsequently defaulted on the Credit Agreement and the Plaintiff accelerated the balance due 0n the account per the credit agreement. 14. The Defendant(s) owes the Plaintiff $1,074.32. 15. The Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). WHEREFORE, Plaintiff demands judgment for damages and costs against Defendant(s). ZWICKER & ASSOCIATES, P.C. /J/ Nata/J’a J 5mm, 5J9. D CHRISTINA N. CHARLET, ESQ. FLORIDA BAR #0099460 D ERIC B. COOLEY, ESQ. FLORIDA BAR #1 1 1433 D NATAIJA J. BROWN, ESQ. FLORIDA BAR #1 19491 D JESSICA L. FREDERICK, ESQ. FLORIDA BAR #123805 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection ATTORNEY FOR PLAINTIFF 10751 DEERWOOD PARK BLVD SUITE 100 JACKSONVILLE, FL 32256 Phone; (904)997-2 140 Fax: (904)997-2151 e Email: FLORIDALITIGATION@ZWICKERPC.COM