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Home My WebLink About07-7087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 07 - 7687 vs. c COMPLAINT IN CIVIL ACTION CUONG H NGUYEN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06258507 C A Pit WLG i Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No CUONG H NGUYEN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: CUONG H NGUYEN 4 REYNOLDS ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002330597436 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of October 31, 2007 , in the amount of $7904.97 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1000.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , CUONG H NGUYEN INDIVIDUALLY , in the amount of $7904.97 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1000.00 A and costs. James C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 2718 Pitts u gh, PA 15219 (412) 4 4-7955 FAX: 4 2-338-7130 062 8 07 C A Pit WLG This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. toter Amount Enclosed Below 15 SDSN6A01 0007958 CUONG NGUYEN 4 REYNOLDS ST MECHANICSBURG PA Payment Due Date September 14, 2007 L C.I?> 17055-5637 Please make check payable to Discover Card. Minimum Payment due includes a past due amount of $1,669.00. Manage your budget, track your spending and avoid fees with FREE timely e-mail reminders. To find out more, visit DISCOvercard-com/reminders PO BOX 15251 111111 EXHIBIT ???rrrrrr??r??? Address, e-mail or telephone change? Print change inspace WILMINGTON DE 19886-5251 above, or go to Discovercard.com. Print your e-mail adress to 11,111if11111111IfI1111111111AIIll11it11111111111 A receive important Account information and special offers. 000006011002330597436079049700000000790497 Discover More Card Account Summary Closing Date: August 15, 2007 page 1 of 1 Account number ending in 7,436 Payment Due Date September 14, 2007 Previous Balance Payments And Credits $7,904.97 Minimum Payment Due $7,904.97 0.00 Credit Limit Purchases $10,000.00 Cash Advances + 0.00 Credit Available $0.00 + 0.00 Cash Credit Limit Balance Transfers $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 + 0.00 New Balance _ $7,904.97 ----------- - Cashback Bonus® Opening Cashback Bonus Balance New Cashback Bonus Earned $ 0.00 +_0_00 -Coshback Bonus® Anniversary Cashback Bonus Balance Available-la. Redeem... - - - - - - . - - - $ 0.00 Dote: October 15 $- _ _ . _ _ .Q,.QQ, How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card available. Discover More Card, PO Box 309,43 Salt Manage your account online at Discovsrcard.com Lake City, UT 84130 Customer Service: 1-800-DISCOVER (1-800-347-2683 For (Telecommunications Device for the Deaf); TDD For assistance, sea reverse side. Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR For purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Averse Dail g e Y Balance Periodic Nominal ANNUAL PERCENTAGE ANNUAL PERCENTAGE Periodic Transaction Fee currant billing period: 31 days Rate s RATES RATES ?ES C CWGES Purchases $0 Cash Advances $0 0.0794290 0 V 28.99 28.99 $0 previous billing period: 15 days .07942% % 28.99% V % 28.99% $0 none $0 Purchases $0 The rates that apply to our A 0.07942% 28.999a V 28.99% $0 none y ccount are either fixed (F) or the ma va y Y ry (V) as noted above. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is (NAccounts Mmuer of DFS Services LLC e) plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR # 6258507 CUONG H NGUYEN 6011002330597436 R? Q n "V OD d C tJ?, ; tom.) r SHERIFF'S RETURN - REGULAR CASE NO: 2007-07087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS NGUYEN CUONG H KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NGUYEN CUONG H the DEFENDANT , at 1657:00 HOURS, on the 4th day of December-, 2007 at 4 REYNOLDS STREET MECHANICSBURG, PA 17055 by handing to CUONG NGUYEN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 10.56 .00 f 10.00 R. Thomas Kline .00 38.56 12/05/2007 WELTMAN WEINBERG RRTS By: day A. D. 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. CUONG H NGUYEN Defendant No. 07-7087 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06258507 r M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-7087 CIVIL TERM CUONG H NGUYEN Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: I/ Attorney f laintiff 2718 Ko er Building 436 Se nth venue Pittsbu gh, P 15219 (412) 34-7 5 SWORN TO AND SUBSCRIBED befor me this day of ,?,?/ (/%? I /l' 2008 LIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Corrtrn scion Expires Jun; 29, 2010 --?-? -- __.r? _ _ e a Member, rams t;ra:ua r.'. ;'? -+;azsen of N t i?_s rs C^S r , ? co