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Home My WebLink About11-3563 FILED-0FFI^E vF THE. PROTHONOTARY 2011 APR I I PM 12: 21 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. TRUONG VAN NGUYEN Defendant(s) No. /I- -?3 pad COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8097073 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. TRUONG VAN NGUYEN Defendant(s) COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are adult individual(s) residing at the address listed below: TRUONG VAN NGUYEN 5169 E TRINDLE RD LOT 22 MECHANICSBURG, PA 17050-3658 3. Defendant(s) applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0038. 4. Defendant(s) made use of said credit card and has currently a balance due of $4968.29, as of JANUARY 8, 2010. 5. Defendant(s) is/are 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 29.99% per annum on the unpaid balance from JANUARY 8, 2010. A true and correct copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant(s) 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(s) has/have willfully failed and/or refused to pay the balance due to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant(s), TRUONG VAN NGUYEN individually, in the amount of $4968.29 with continuing interest thereon at the rate of 29.99% per annum from JANUARY 8, 2010 plus attorneys' fees $125.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. PA I.D. # WELTM 1400 Ko 436 Se Pittsb g (412) 3! Esquire & REIS CO., L.P.A. venue 1521.9 55 7073 DISC. VER $0.00 $1,058.00 Enter Amount Enclosed Below BARD ? . . . Payment Due Date $ _771 January 26, 2010 31 SDSN6A01 0006984 TRUONG NGUYEN 57 DERBY DR HANOVER PA 17331-8623 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. 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 111111111111111 111111111111 CAROL STREAM IL 60197-6103 1r11Ill Ill iIll 11111111rn1111inn1111Ill 11111irni11n1nll 000001986459152443994000000000000000105800 Discover More Card Account Summary Closing Date: December 31, 2009 page 1 of 1 Account number ending in 0038 Previous Balance $4,968.29 Payment Due Date January 26, 2010 Payments And Credits 4,968.29 Minimum Payment Due $1,058.00 Purchases + 0.00 Credit Limit $4,100.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,100.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $0,00 Cashback Bonus Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniversary Month: November How Can We Help You? 1. Visit Discovencom to pay your bill for no cost, view your latest Account information, earn and redeem rewards and more It's your choice- 3 ways to help Please have your Discover Card available. For TDD (assistance for hearing impaired) see reverse side 2. Call 1.800-DISCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Service Account Manager 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. Trans. Post Date Date Payments and Credits Dec 31 Dec 31 INTERNAL CHARGE-OFF $ -4,968.29 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 20 days Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Past Purchases $0 0.08216% 29.99% V 29.99% $0 $0 Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0 The rates that apply to your Aeeaunt are either Fixed (F) or they may vary (V) as noted above. LAHIBIT w 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 Cardmembes Agreement. Your Cardmember Agreement contains all the terms of your Account Last or stolen cards. Report immediately! Call 1-800-347-2683. BIH RIft Sturman In Case of Errors or questions About Your Bill: If you think your bill is wron , or if u need more information about a net Uoh or your bill; write us o? sepan80 days at arate shaet?o' rat Discover C M' PO Box 30421 Sat Lake ?1N UT 84f 30-04 1? as soon as s e. We must hear from u no a r th sent yo the rsf N on which the error or problem apps ou can telephone us but doin so will not Rres roe your r ghts. In your t to give us the ollowing Information: • Your nar? and Accoun? number. • The dolor amount of the suspected error • Describe the error and explain If you can, why you believe there is an error. If yoL need more information, describe the item you are unsure about Gay pa vo d Yqou r?o not hive to pay any amountgn question while we are insUg ues atin but you are still Yhligatadt mount yrou quesUaare not in t on. While we investigate yo ur ue tlon, we cannot re port u a3 do uertt or :ake an a i? ooolldcttne a Special RWe for C t Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and ?reu have n faith to rect the probtam with Ure merchant, yyy444?i may not nave to p the remalr0 amcwnt due on the goods or services. ou have N s pro ton only when the aurclrase price was mare than and the purcrlase s madha in r home state or wlthBf 100 miles of your maillnp aftess. ``if we own or operate the merchant, or if we mai ed you the advertisement for t e go s or services, all purchases are covered regardless di the amount or location Uf purchase) io onlY ur a ment and h to aortion of this sta ement n the a uelo ovided. D n t send cash. By send?n dour ch ck as e,.yqu ?tho?z? us to use nefoi'rt?auon on r chec to ma a an a ectru?i cptCund trans?er ?rom your Ont at th? rtnanciae( 'a on r check or to process the oa t as a Wreck iron ort.?li oavmantl? proses as an {? u transier, the Tor the amount of the check. When we a InfamaUon from your chxk tomake an ?ectrorrle fund Vatunds may be i your account as soon as the same day we receive your paymenk anp.you Ndll not receive your check back tom your Tinancial n of wyour a ent may be dela ed ii you send cash Corr s ndence or other Items with vo r pa ment ii u s nd the avment to rs' or ti votPu a an enver othr arl Ure on provided ants r?e1 or attar 1 YA? at ?u pros a IvHo1vL t?ollda?e or on a woaltend Dankk?,°?Ida I beamto v t a aext pusd sda?r l voury' elft is rot mdd' IL e? ?3. IS?pse a'tow 7 is idr dellve f ur lrevne t p D l e s t to rBeasnukb, rrPriO t IBtoax s 6a1yn 0el ro iis txt' xou_ in um ppymenfi or,a groater;Rmiount ovar the telephone, and`you can_set ua automatic oavments. Call us at 1-600.347-268: nn oe moue anu ow m cn it mn your automatic payment amount may or oavmants anal ad du no the bill no cycle. Credit on name, less than S:SU would o?theirvise be jll?rce you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of Annfal Fee. If our Account has an annual fee it will be billed at the b inningg of ach anniversarrryyy e r our Account Is open. The -amount of dal the nee apDear? ?n the statement when the fee fs billed. The annual fee?? n?t rgfu a unless yov X f?us that ?u wish to close your Account within 30 t? of the mailing or delivery date of the statement on which the ae is You wits this refu even If you use your Card during that perod. Perlodl Firre Chaves. W4 sortr transactions into rou of uurch ses, cash advances and balance transfers an then further Sort the trensa ons in eac rou oIr the r nnuat Percentage F?ata' For ew9mo?e rchdggees subt to a pram rate an purchases sup ect to a Stanteoud ba sies. We refer to 1sre3e gimps as tr?rrfisacttaiatpdaJ?. Ate ana oats it n?atf v?ro comutblances ?nd c Fine e c da of the MI(ng Panoa for eac transac fategory. use the o! ng a on to comp a odl Inance C arges or each ansac on cateygory: (Average Daily Balance) times (days In billing period) times (Dally Periodic Rate). to the finance charge summaa on your billin statement for the amounts.) Then we add u the Periodic Finance Charges for each ?o1y to et the total Periodic Finanrx Cha for r Account 71he Average Dally Balance Ise shown as zero If, because of the grace rdic fina9yc Cha s a to the balance %Alu tBr 4mveraaagDe&I i0ce e_u ing new transactions) tnethodMla the yylance upon lch we Impose Periods ppplnance put>S Dil'1Y' 8?4aMfe for each ttartsadtion upati to dally ancas In a btI I na ; a rpay and dividt the total by the nu Der of s In the 'Rte cwm e Ne d !ahceNfor eaCh a onn wcaterg rs addlr?ta9 the n to a ous days 11 I trot nsac ass wIN I ff of at icti the ory t unI s tto transoms ?p you Arxou attar aq eeclose or %III?g od in ich t occurs, In tie ad d to Ne doll b a ce as o1 tre first da Ne b 1, oeM0 whielf i s posted I r Account, fps Charged Nat day nonce arses acs a previous s da la ce; and ?y su n an c t stand is that are snce of Ne transactiai ca ai Natddaavy. In c?CU atinag the doll lance for N R first da of th i Innan Mod, we co ?eredthe daily balance" to have ur balance for each ttr?aansaction cdt?Y on the last da of ur rev ous pe ?er? ed jo ur Account are add to Ne standard purchase transacttotT wiN th¢¢yexe ti r?of ash ?AdHtve Ce Trn flaction Fee whccl are added to Ne appl cable cash advance transaction cat a d lance 7ransfir WansacUon Fee finance Charges which e apRllcatrle balance transtat transaction cate?o When Ne s eci a expires, we move the unpaid balance of Ne talanCe Balance Transfer Transaction Fee Finance CrtarrOYes to the standard rchase transaction cateoorv'. However, H the specsBl rate has f under the Default Rate section, we leave the urF?aid balance of Ne lance transfer and theEafonce Transfer Transactron Fee r n IL,w ww..li..w4.lw I.wl w..ww 1.w....l.... ?rw nww M.ww .. ?www.......1.1 14.. w........wl ...1.. .......I.J 1....... .....?..-7 a W z m 0 °o rn X cn MI ar, 25. 2011 3.29PM 0 No.0494 P. 2/2 VERIFY A ION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczv¢iel. Legal Placement Account Maumr. (Name) (Title) of DB Servicizig_Corporation successor to DFS Services LLC servicing agent for Discover Bank (Company) plaintiff herein, that 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 WWR#8097073 Truong Van Nguyen 6011003340600038