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Home My WebLink About03-6087STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D.# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER B~NK, ISSUER OF DISfDVER CAPDBY ITS ~Gq~qT DISCOVER FIN~NCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. ROBERT L. pH~/~ 210 Locust Street Enola, PA 17025-3167 Defendant COURT OF CONMON PLEAS (13M~ COUNTY CIVIL ACTiON-LAW "NOTICE" "You have been sued in court. If you wish to defend against the claims set forth in the fol- lowing pages, you must take action within twenty (20) days aftel this complaint and notice are served, by entering a written appdarance person- ally or by attorney and filing ir] 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 (he 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. "Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex- puestas en las p~ginas siguientes, usted tiene veinte (20) dias de plazo al partir de la feoha de la demanda y la notificaci6n~ Hate falta asentar uno comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en cor~tra de su persona. Sea avisado que si usted no se defiende, la corte tomar~ medidas y puede continuar la demanda en contra suya sin previo avisoo notificacisn. Adem~s, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dineroo sus propiedades u otros derechos importantes para "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. SI NO 'rlENE ABO- GADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO¢ VAYA EN PER- SONA O LLAME POR TE.LEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABA JO ~,RA AVERIGUAR DONDE SE PUEDE CONSE JlR ASISTENCI LEGAL. L~WYER R~'~CB SERVICES -' Court %~inistrator -- Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, P~ 17013 (717) 240-6200 STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D. #13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff VS. ROBERT L. PHAM 210 Locust Street Enola, PA 17025-3167 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., is a duly organized banking institution under the laws of the State of Delaware and has a principal place of business at the address contained in the above caption. 2. Defendant(s), Robert L. Pham, is an adult individual and resides at the address contained in the above caption. 3. After application by the Defendant(s) to the Plaintiff for a credit card account, which application was approved by the Plaintiff, the Plaintiff issued a credit card to the Defendant(s) so that the Defendant(s) could make purchases from memhants, on credit, who had established a business relationship with the Plaimiff in regard to the same. 4. Thereafter, the Defendant(s) utilized the said credit card on various and sundry occasions. 5. Plaintiff attaches hereto as Exhibit "A" to this Complaint, a tree and correct copy of the last monthly statement in regard to the activities in connection with the Defendant's account and also attaches hereto as Exhibit "B" to this Complaint, an Affidavit from the Plaintiff attesting to the present balance due the Plaintiff from the Defendant(s) in regard to the said account. 6. Notwithstanding repeated requests and demands to the Plaintiff upon the Defendant(s) to satisfy the outstanding indebtedness in the sum of $8,080.36 the Defendant(s) has/have and still refuse(s) to pay the same. 7. As a result thereof, Plaintiff has been forced to incur reasonable attorney collection fees in the sum of $2,020.09 in an attempt to legally enforce collection of the debt due it from the Defendant(s), which reasonable attorney fees are the responsibility of the Defendant(s) to pay in accordance with the Card Agreement. 8. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., demands Judgment against the Defendant(s), Robert L. Pham, in the sum of $10,100.45, with interest and costs. ED Attor6¢y for Plaintiff VERIFICATION EDWARD STOCK, ESQUIRE, Attomey for Plaintiffherein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 19 Pa. C.S.A. Sec. 4904, relating to unswom falsification to authorities. D~SC VEP%' payment~ueaate July 29, 2003 CAi(D $1,308.00 I,.111,,,111..,I,1,1,1,,,11..11,11,,I,,,11,,I,I 04 SDGN6A01 0000310 ROBERT PHAH 210 LOCUST ST ENOLA PA 't7025-$167 SImpIfiy and Savel Useyour Discover Cald to pay oil high-rate balances today. You can save money Address or telephone change ? Please print change in the space above, PO BOX 1525]. IIl,,,Ih,.,.ll,ll,.,h,,ll 14[LHZNGTON BE 19886-5251 I,,,III,I.I,,I,I.I.II,.I,I,,,I,I,I,I..II,I,I,,,,IIM,,I 000006011002240683441000000000000000130800 Discover Gold Card Account Summary Closing Date: June 30, 2003 page I of 2 account number 6011 0022 4068 3441 p_~evicus balance $8,08036 payment due date July 29, 2003 payments and credits minimum payment due $1,308,00 purchases + credit limit $ t 0,000.00 cre~l .vailablo ~,8ts.oo ~..h adve.~. cash credit limit $5,000.00 balance transfers + 0.00 cash credit available $0,00 FINANCE CHARGES + new balance = $0.06 SPECIAL BALANCE TRANSFER RATESI Sava money and simplify your life by consolidaling your debt, Call !-800-767-7339 today lo see if an ofle~' is available for youl Payments and Credits trans, psat dale dato Jun30 Jun 30 INTERNAL CHARGE-OFF $ -8,080.36 EXHIBIT "~" current billing period: 18 days purchases Cash Advances Average Daily Da~ly Penodic Balances Rates ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES $0 0.04107% 14,99% F 14.99% $0 nor~ $0 0.05477% 19.99% F 19,99% $0 $0 The rates that apply to your Accounl are either fixed (F) or they may vary (V) as noted above Questions/Call 1-800-DISCOVER (1-600-347-2683) or Io9 on to Olscovercard,cem. For TDD (Telecommunication Device for ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER(S): STOCK 6011002240683441 $8080.36 ROBERT L PHAM STATE OF OHIO COUNTY OF FRANKLIN T. Adair, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: 1 am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DISCOVER FINANCIAL SERVICES, INC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a tl~.te and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the reiationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Affiant Sworn and Subscribed before me, This day of Friday, July 1 i, 2003. NOTARY ~ EXttlBIT "B" SUSAN HARVEY Notap/Public, Stale ol Ohio ~ COmmi~ Expires June 6, 2007 STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 03-06087 vs. ROBERT L. PHAM 210 Locust Street Enola, PA 17025-3167 Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mar~ the above capt~~tinued. SHERIFF'S RETURN - CASE NO: 2003-06087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK PHAM ROBERT L VS REGULAR RON KERR Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE PHAM ROBERT L DEFENDANT , at 1905:00 HOURS, at 210 LOCUST STREET ENOLA, PA 17025 ROBERT PH3IM a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of November , by handing to together with true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /0 ~ day of ~L~ ~L~5 A.D. ~rothonotary ~ So Answers: R. Thomas Kline 11/21/2003 STOCK & GRIMES