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HomeMy WebLinkAbout09-2320 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: VS. COMPLAINT IN CIVIL ACTION SINH PHAN TRANPHON 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07036413 C A Pit JLI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No SINH PHAN TRANPHON 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 f.otice 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 1 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: SINH PHAN TRANPHON 219 S 18TH ST APT 1 CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0322 . 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 March 23, 2009 , in the amount of $9980.16 . 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 $1500.00 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 , SINH PHAN TRANPHON INDIVIDUALLY , in the amount of $9980.16 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. 4enth Avenue, Suite 1400 W106b413 WEINBERG & REIS CO., L.P.A. Prgh, PA 15219 (34-7955 F 2-338-7130 0 C A Pit JLI This law firm is a debt collector att'"empting to collect this debt for our client and any information obtained will be used for that purpose. New Balance Minimum Payment Due DISCOVER $0.00 $1,863.00 CARD - Payment Due Date April 29, 2007 Account Number ending in U322 Enter Amount Enclosed Below 1 -7 OM 13 30 SDSN6A02 0039718 SINH TRANPHON 219 S 18TH ST APT 1 CAMP HILL PA 17011-5514 Address, e-mail or telephone change? Print change in space above, or go to Discovercard.com. Print your e-mail address to receive important Account information and special offers. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 15251 Ill,rrll,nrrllrll,ul,nll WILMINGTON DE 19886-5251 1111111111,1r,1r1rr1rr11I,r11 1rrritI 1111rrr,111111r,rr11111r,1 000001986458004766776000000000000000186300 Discover Platinum Card Account Summary Closing Date: March 30, 2007 Account number ending in 0322 Payment Due Date April 29, 2007 Minimum Payment Due $1,863.00 Credit limit $10,500.00 Credit Available $0.00 Cash Credit Limit $2,600.00 Cash Credit Available $0.00 page 1 of 1 Previous Balance $9,980.16 Payments And Credits - 9,980.16 Purchases + 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus Earned + .00 Cashback Bonus Balance $ 0.00 Cashback Bonus® *rmiversary - - - - - - - - - - - - - - - - - - - - - - Available to Redeem - - .- - - --0.00--- Date: November 13 How Can We Help You? p 1. Visit Discovercom to pay your bill for no cost, view our latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347.2683) For fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance For hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Sah Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ -9,980.16 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FRANCE Balances Rates RATES RATES CHARGES CHARGES i current billing period: 18 days Purchases $0 0.06641 % 24.24% V 24.24% $0 none Cash Advances $0 0.07189% 26.24% V 26.24% $0 $0 previous billing period: 28 days Purchases $0 0.06641% 24.24% V 24.24% $0 none The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. EXHIBIT 1-L---. Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-347-2983. BWbrg Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet of paper at Discover More sM ; P.O. Box 15192; Wilmington, DE 19950.5192, as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: *Your name and Account number. *Descdollar the e? or andexplain, iifer can, wh about p you Y You believe there is an error. If you need more information, describe the item you are unsure You do not have t investigate any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: It you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than S5y0 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Pasty r ends. Seed only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be wtthdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment ii you send the payment to any oth r address orifyouu use an envelope other than the one prQviged,_Paymenls received on_or after 1 PF1 Monda thro u or 9h_Friday on a weaken or bank holiday will tie posted to our Account as of ifie next tiusdness da . If you have misplaced jio pa ur` eriveT0?e,-send youf yer rit to Discover Bank, PO Box 15251, Wilmington, DE 19986-5251. Please allow 7.10 days for delivery . If your payment is returned unpawe reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-900-347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account and to initiate debit or credit entries to your bank account, as applicable to correct an error in the processor of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New B?lance on each statement You can cancel a payment however we must receive notice at least three business days in advance of the scheduled payment You may notify us by phone at 1.800-347.2683 or by mail at address listed in the previous paragraph. If your payments may vary in amount, we will tell you on each monthly, statement when your payment will be made and how much it will be. Your Automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting encies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover More am Card, PaR Box 15316, Wilmington DE 19850.5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance, by making payments or receiving credits. However, we will provide the following grace period." If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement and you pay the New Balance by the Payment Due Date on this statement, weq will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on this statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new urchases.There is no grace period on balance transfers or cash advances. p We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example purchases sub ect to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction cateeggoorrids. ?t the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period or each transaction category. We use the following equation to compute Periodic finance Charges for each transaction category Average Dairy Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to pet the total Periodic finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periode Finance Charges apply to the balance m a transaction category . We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means it you did not pay the New Balance shown on the billing statement you received during the previous billing period b the Payment Due Date shown on that statement we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Average Daily Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction category and dividing the total 6 the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by first adding the Tollowing to the previous day's daily balance: transactions made that da , fees charged that day and Periodic Finance Charges accrued on the previous day's Baily, balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the previous billing period, we consider the "previous day's daily balance" to have been zero on the first day of the billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Chargges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction categgory. When the special rate expires, we move the unpaid balance of the balance transfer and the Balance 7Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaf) assistance, please cad 1-800-347-7449. 0 N Z rn 0 N S cc N 0 N VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities,'that she is Renee Livengood (Name) Accounts Manager of DFS Services LI,,C , plaintiff herein, that (Title) . (Company) 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 her knowledge, information and belief. Signature WWR #07036413 SIKH PHAN TRANPHON 6011002930220322 p FIt.E .,,',wTARY OF THE F' 2009 APP, 14 AN 9: 56 ,.?? ; ,? • to YLVA NIA 4'18.50 Po ArrY Ct,' 3970(o9 3 aaa(.Sq A IN RE: DISCOVER BANK Plaintiff Vs. SINN PHAN TRANPHON Defendant Docket No.: 09-2320 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ANSWER TO A COMPLAINT AND NOW come the Defendant, Sinh Phan Tranphon, by her Attorney JAMES M. BACH and files the within Answer to a Complaint: 1. ADMITTED. 2. ADMITTED. 3. DENIED. It is denied that the Defendant received a credit card issued by the Plaintiff. The Defendant alleges that she did not have credit with this company. 4. DENIED. The Defendant denies having incurred charges in the amount of $9,980.16. Further, strict proof of this allegation is demanded at the time of trial. Specific exhibits showing this debt have not been attached to the Complaint; therefore the Defendant is without information to form a belief as to the accuracy and honesty of this allegation. 5. DENIED. The Defendant alleges that that she is not liable for any payments under this Complaint. 6. DENIED. The Defendant has no knowledge of any agreement to pay Attorney Fees for an adverse party. The Defendant has not been provided any documents to conclusively show that she specifically agreed to pay Attorney Fees for a very wealth Plaintiff, Discover Bank. 7. DENIED. The Defendant has no knowledge as to what the Attorney Fees will amount to, and the Attorney has not provided any documents or date to support the alleged amount of $1,500.00 as claimed. 8. DENIED. The Defendant denies willfully refusing or failing to pay. The Defendant 'also denies that any requests were made on her to make payment heretofore. p } . a WHEREFORE, The Defendant respectfully prays that this Complaint seeking $9,980.16 against her, together with legal interest of 6.0% per annum, and an additional penalty of $1,500.00 in Attorney Fees and costs be dismissed. RESPECTFULL Y S UBMITTED: DATE: April 23, 2009 r S M. BACH, ESQUIRE ttorney I.D. No. 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 FILED-"' -1 0 F THE 2009 APR 24 PH l ` 18 Sheriffs Office of Cumberland County R Thomas Kline Q ?,tr q` `k`fnnrrt h? Solicitor Sher Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF 7 -E S"6RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 08:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sinh Phan Tranphon, by making known unto Cue Tran, daughter of defendant, at 219 S. 18th Street, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.20 SO April 21, 2009 R THOMAS KLINE, SHERIFF Depu y Sheriff Docket NO. 2009-2320 Discover Bank v Sinh Phan Tranphon 71 • __ ;:rj CZi