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HomeMy WebLinkAbout10-12002010 FEB 22 i} ; I2? a B CUv° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: to - Ia04 aivIi !er* vs. AU H NGO COMPLAINT IN CIVIL ACTION 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 08017776 C A Pit KMJ O $4a.oo PD A`n`r -? ??goa6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. AU H NGO Defendant Civil Action No 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 Ak. COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: AU H NGO 110 S 36TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0580 4. Defendant made use of said credit card and has a current balance due of $2382.55 , as of December 09, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.990% per annum on the unpaid balance from December 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 9. 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 , AU H NGO individually , in the amount of $2382.55 with interest at the rate of 29.9900 per annum from December 09, 2009 plus attorneys' fees of $125.00 , and costs. James WELTM 436 S Pitt (412 FAX 08017 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 gh, PA 15219 4-7955 2-338-7130 6 C A Pit KMJ This law firm is a debt collector atterVting to collect this debt for our client and any information obtained will be used for that purpose. LAJf..'_ V tK $2,382.55 CARD 22 SDSN6A01 0004601 AU N60 110 S 36TH ST CAMP HILL PA 17011-4901 $2,382.55 Enter Amount Enclosed Below Payment Due Date r , December 17, 2009 Please make check payable to Discover Card. Minimum pa ment due includes a post due amount of $506.00. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the some day. Visit Discover.com/payments today. PO BOX 6103 I11 111 11 111111 1 1 11 1 1 1 1 11 11 1 CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458622313928023825 500000000238255 Discover More Card Account Summary Closing Date: November 22, 2009 page 1 of 1 Account number ending in 0580 Previous Balance $2,382.55 Payment Due Date December 17, 2009 Payments And Credits 0.00 Minimum Payment Due $2,382.55 Purchases + 0 00 Credit Limit $1,700.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $0.00 Finance Charges . + 0 00 Cash Credit Available $0.00 New Balance . = $2,382.55 Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback-BonuserAnniversary Date: November 22 How Can We He) YOU? p 1 Visit Discover.com to pay your bill for no cost, view your l It's your choice - 3 ways to help atest Account information, earn and redeem rewards and more 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, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee we have chosen not to do so at this time. We reserve the right t , o do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. EXHIBIT Finance Charge Summary Average Daily Dail P i d Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENT y er o ic Balances Rates AGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES current billing period: 22 days Purchases $0 0.08216% Cash Advances $0 0 29.99% V 29.99% $0 $0 .08216% 29.99% V 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or th ey may vary (V) as noted above. 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 o Lost or stolen cards. Report immediately! Call 1-800-347-2683. Z m Billin Ri hts Summary. In Case of Errors or questions About Your Bill: If ou think your bill is wrongQ, or if you need more information about a o trans ctio?i on your bill, write to us on a separate sheet of gaper at Discovr Card; PO Box 3042'1 Sali Lake City. UT 84'130-0421, as soon as possible. We must hear from ou no later than 60 days after we sent you the first. bill on which the error or problem appeared. You can telephone o us but doin so will not preserve Vour rights. In your letter, give us the following information: • Your namg and Account number' • The dollar amount of the suspected error o • Describe the error and explaih, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about N You do not have to a any amount in uestion while we are investigatin , but you are still obli ated to pa?r the arts of your bill that are not in X question. While we PnVestigate your question, we cannot report you as def?nquent or take any ac?ion to co118ct th?amount you question. S eclal Rule for Credit Card Purchases: If you have, a Problem with the quality of goods or services that you purchased with a credit card, and Y8u have tried in good faith to correct the problem with the merchant yyyou maV not nave to pay the remaining amount due on the goods or services. You have this protEction only when the purchase price was more than $50 and the purchase was made in yogr home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailled you the advertisement for the goods or services, ail purchases are covered regardless 61 the amount or location Of purchase) Pa ments. Send only our Pavrent and the top portion of this statement in the envelope provided. Do not send cash. By sendin your check as described above, yorf authorize us to use information on Your check to make an electronic fund transfer from your acco nt at tht imancial institution Indicated on your check or to process the payment as a check transaction. If ppayment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use informatior from Your check to make an electronic fund transfer, funds may. be withdrawn 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 rocessin of your pa ment maY be dela ed if ou send cash, corres ondence or other items with lcour a ment, if you send the pa ment to anYY other addres or if yoU use an enveloppe oth r than the one pprovided. Payments received on or after 1 PM at Kr processing facility MohdaY throw h Friday or on a weekend or bank holida will be posted to your Account as of the next business day. If YYou have misplaced Your envelope, send gyour pa ment to Discover Bank, PO Box 6703 Carol, Stream, IL 60197-6103. Please allow 7-10 days for defivery. If your payment'is returned unDaitl, we reserve the right to resubmit it as an electronic debit You can pay Your minifnum payment or a greater amount over the telephone, and you can set up automatic.fayments. Call us at 1-800-347-2683. You will need this statement arSd Yyour bank account information. You must ensure that sufficient funds are avai abble in our bank account, and all transactions must compplX,with U.S. taw. You will be asked to provide the. first 5 digits of your account statement zip cone. B1 entering those numbers as your electro is signature, You will be agreein9 to this authorization to allow us and Your bank to deduct each payment Y u authorize from yyoour bank account, and tqo Initiate debit or creUlt entities to your bank account, as applicabre, to correct an error in the pprocessing of such pa ment You must tell us the amount of each payment or yyoou can, select. an amount such as the Minimum Payment Due or'Ihe New Balance on each statement You can cancel a pa ment; however. we most receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347y2683 or by marl at the address listed in the previous paragqraph. if Vour payments vary in amount, we will tell You on each mdnthlY statement wheg your payment will be made and how much it will be. YouP automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Repporting. We may report information about your account to credit bureaus. Late pa ments, missed payments, or other defaults on your account piaV be reflected in your credit, report We normally report the status and pa ment history of our Account to credit reportlna ag nmes each month. If yoU believe that our re ort is Inaccurate or incomplete, please write us at the following addXess: Discover Card, PO Box 15316, 1Nilmington. DE 19850-5316. Please include your name, address, home telephone number and Account num er. Grace Period on Purchases (at least 25 days). We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction as shown on ur billing statement, unless a transaction is osted to Your Account after the close of the billin period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing period in which it is posted to your Account. We continu to Impose Periodic Finance Char9e until the date YYou pay your entire New Balance, by making payments or receiving c edits. However, if you paid the New Balance on your revious billing statement by tlle-P Vment Due Date shown on that bilrI (g statement and Vou to the New Balance by the Payment Due Date on you?current billin statement we will nbt impose Periodic Finance Charges bn new purchases, that is, purchases first appearing on the current billing statement We call this the "grace period." There is no grace period-on balance transfers or cash advances. Minimum Finance Char e. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would oth?rMse be impose . Annual Fee. If your Account has an annual fee, it will be billed at the be?inninq of each anniversary Rear your Account is open. The amount of the fee appears n the statement when the fee is billed. The annual fee i not Yefundable unless you notify us that you wish to close your Account within 3U days of the mailing or delivery date of the statement on which the fee is billed. You wi(1 receive this refund even if you use your Card during that period. Periodic Finance Charges. We sort Your transactions into roups of ppurchases, cash advances and balance transfers and then further sort the transactions within eacgi Agroup by their Annual Percentage fate. For ekamgle, purchases subiect to a promotionai rate and purchases subject to a standard rate would be s par to groups. We refer to the a groups as transaaction cate Dries. At the end of each billingp pDeriod, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction Category. We use the following €Vation to compute Periodic Finance Charges for each transaction category (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You may refer to the finance charge summary on our billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transacUon_category-to get the total Periodic Fina.n a Charges for your.Account The Average Daily Balance is shown as zero if, because of the grace new trarisact'ionsj.method of 65166lating the balance uppon which we impose for each transaction category by adding up all the daiiv balances in a billir un close case category you d Periodic Finance Charges accrued on the previous day's dailyY balance; and by then subtractin ally credits and pa ments that are appppued ainst the balance of theIransaction category on that daV. In ca1culatin the dally balance Tor thg first day of the billing eriod, we consider the revious day's dailyV balance" to have been our balance for each transaction category on the last day of your previous 6ilPnq period. All tees cM1arged to our Account are add2Yd to the standard purchase transaction ca?eporY with the exception of Cash Adva ce Transaction Fee nonce Char e3 whictS are added to the applicable cash advance transaction ca?egorY aTd Balance Transfer Transaction Fee Finance Char es which e added to?he ap licable balance transfet transaction Category. When the special rate expires, we move the unpaid balance of the balance rnsfer and the Baa?nce Transfer Transaction Fee Finance Charges, to the standard purchase transaction ca?e4gorrVV. However, if the special rate has en terminated under the Default Rate section, we leave the unpaid balance of the balance transfer and the Barance Transfer Transaction Fee ---.._ __--- ._ . _ .,.., ,. ., i.,,...., ?..,...?., ?..,..??,.r,... m.....,. ,,,.ni n.e o?a,.?ei rom „?„?d? n???o A???ro? VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball . (Name) Team Lead _ of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 knowledge, information and belief. WWR# 8017776 Au H. Ngo '6011002597070580 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson R~.~„"~ri~it,' sheriff JG 7H~ Pt~pNpTARy ~~ji~tit~, of ~oinibf~,~r~~ Jody S Smith Chief Deputy 2~I0MAR 25 Ptf 2~ 46 Edward L Schorpp ~~~~~'~ ~ Vl~~ Solicitor ~'fi' ~ . - : -..„~~~~ PtNNSYLVANIfi Discover Bank vs. Case Number Au H. Ngo 2010-1200 SHERIFF'S RETURN OF SERVICE 03/20/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2010 at 0928 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Au H. Ngo, by making known unto himself personally, at 110 S. 36th Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $68.50 SO ANSWERS, March 22, 2010 RON R ANDERSON, SHERIFF -a DENNIS F DE RIFF i~ow^ ~.ntc Sne~.fl~_ T i cso?t, ~i^:;.