The URL can be used to link to this page

Home My WebLink About08-3332IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. NICKOLAS A HALKIAS, Defendant No. OS- 333a &V,t Tern,. 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#6134993 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff VS. Civil Action No. NICKOLAS A HALKIAS, Defendant 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 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 COMPLAINT 1. Plaintiff is a corporation with offices at 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant is an adult individual residing at the address listed below: NICKOLAS A HALKIAS 5406 OXFORD DR MECHANICSBURG,PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8773. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of MAY 8, 2008 in the amount of $1,582.71. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 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 $300.00. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, NICKOLAS A HALKIAS, individually, in the amount of $1,582.71 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $300.00, 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. brodt, E WELT EINBE (41 4 & REIS CO., L.P.A. PA I.D. /entAvenue 1400 K uilding 436 S Pitts 15219 CARD 30 SDSN6A01 0003819 NICKOLAS HALKIAS 358 DORWART CIR ETTERS PA 17319-9387 013u 1.uu ( Enter Amount Enclosed Below Payment Due Date $ -1 May 29, 2007 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. ee?p track of your DiscovergCard way to and allow you to control when and where 6ou view your information. Visit iscovercerd.com/ps PO BOX 15251 Ill. IIIlr,r,111r11u1111111 WILMINGTON DE 19886-5251 11111111111 111111111111111111It1111111IllI111111IllII111111111 000006011002024008773000000000000000030100 Discover More Card Account Summary Closing Date: April 30, 2007 'Account Number ;Payment Due Date Minimum Payment Due Credit Limit Credit Available Cash Credit Limit Cash Credit Available page 1 of 1 6011 0020 2400 8773 Previous Balance $1 582 71 May 29, 2007 Payments And Credits , . 1 582 71 $301.00 Purchases , . + 0 00 $1,000.00 Cash Advances . + 0 00 $0.00 Balance Transfers . + 0 00 $500.00 Finance Charges . + 000 $0.00 New Balance = $0.00 iCashback Bonus® Opening Cashback Bonus Balance $ 0 00 New Cashback Bonus Earned . + 0,00 ' Cashbaek Bonus® Anniversary - - - - - - - - - - Cashback Bonus Balance Avstjlgble to Redeem $ 0.00 $ 0.00 .Date: August 20 How Can We Help You? For Account Inquiries, write to us at. Please have your Discover Card available. ; Discover More Card, PO Box 30943 Salt Lake City UT 84130 Manage your account online at Discowrcard com , . Customer Service: 1-800-DISCOVER (1-800-347-2683) Forr (Telecommunications see K everseside.e for the Deafly ;Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence Trans. Post . Dab Date Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -1,582.71 I B 'Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENRAGE FIIHNAARGES SHNAARNOCEES Balances Rates RATES RATES _ current billing period: 10 days Purchases $0 0.05751% 20.99% F 20.99% Cash Advances $0 0.06299% 22.99% F 22.99% $0 none $0 $0 The rates that apply to your Account are either fixed (F) or they may vary m as noted above. MAY-09-2008 13:58 WWR GROVE CITY 6148012602 P.05 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 ROBERT ADKINS (Name) ACCOUNT MANAGER of DFS SERVICES LLC , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# 6134993 DFS# 6011 0020 2400 8773 ?? Jc.? w ? ? rr?w v/ 1J?. 00 ?--? b ? 4 . :. . ?, ?.? c_, ^:7 -??. r,? -?- rv L:,,J ..i T1 ??{ ?'tr?_ ? t: C ? . ? "? 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03332 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS HALKIAS NICKOLAS A 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 HALKIAS NICKOLAS A the DEFENDANT at 0019:51 HOURS, on the 2nd day of June , 2008 at 5406 OXFORD DRIVE MECHANICSBURG, PA 17055 by handing to MARIA HALKIAS MOTHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 40.00 So Answers: "oo ?a4?? ?- R. 'Thomas Kline 06/03/2008 WELTMAN inTF'TNRT.'R & REIS Sworn and Subscibed to By: before me this day of A.D.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. NICKOLAS A HALKIAS Defendant No. 08-3332-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6134993 Judgment Amount $ 1,882.71 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 08-3332-CIVIL TERM NICKOLAS A HALKIAS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, NICKOLAS A HALKIAS above named, in the default of an Answer, in the amount of $1,882.71 computed as follows: Amount claimed in Complaint $1,582.71 Interest from date of judgment at the legal interest rate of 6.00% per annum Attorney's fees $300.00 TOTAL $1,882.71 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczap(Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6134993 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A.,1.400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5406 OXFORD DR, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case # 'Cl ?I LJW-M NICKOLAS A HALKIAS Defendant(s) IMPORTANT NOTICE TO: NICKOLAS A HALKIAS 5406 OXFORD DR MECHANIC_SBURG,PA 17055 Date of Notice: WWR#: 06134993 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 BY: I Y {? OA WCn) PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NICKOLAS A HALKIAS Case no: 08-3332-CIVIL TERM NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affant's belief that the Defendant, NICKOLAS A HALKIAS is not in the military service. Affant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, NICKOLAS A HALKIAS is not in the military service. Further Affiant sayeth naught. / ,0/ AFFIANT Ark\ SWOR O AND SUBSCRIBED in my presence this day of at'. COMMONWEALTH OF PENNSYLVANIA Notarial Seal NO RY PUB Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission t res .;,, 2g, 2010 Member. Ponn;.,!°? ; ,,atiar, a9 v 14, otarier, This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center AUG-05-2008 10:56:36 Military Status Report Pursuant to the Servicemembers Civil Relief Act -< Last Name First/Middle Begin Date Active Duty Status Service/Agency HALKIAS NICKOLAS Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. hwtyl IM 44wi_Lv?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BTGDKCUJMAX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/5/2008 + ? ? 4 ` ' r' i ? V ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 08-3332-CIVIL TERM NICKOLAS A HALKIAS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on $ (xx) Assumpsit Judgment in the amount of $1,882.71 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By9- PR? OTARY TY) NICKOLAS A HALKIAS 5406 OXFORD DR MECHANICSBURG,PA 17055 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085