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HomeMy WebLinkAbout12-5819Our File No.: 344443 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306, Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS ANK, FSB Plaintiff, vs. DROSOS KOSTOPOULC?S 1445 ARMITAGE WAY MECHANICSBURG, PA'17050-6400 Defendant. t` l ~'~, ~f~l? Sip ! ~ ~M t I ~ ~~ ~°~~~~~~~~~ C~Uy~-Y ~ ~,~ ~~~ COURT OF COMMON PLEAS CUMBERLAND COUN Y NO.: ~v~- 58~Q tdt NOTICE You have been su d in court. If you wish to defend against the claims set forth in the following pages, you must take action wi 'gin twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against y~u. You are warned that if you fail to do so the case may proceed without you and a judgment may be entere 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 T.j~KE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT jA~FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOI~ CAN GET LEGAL HELP. IF YOU CANNO~ AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABIyE TO PROVIDE YOU WITH INFORMA ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN'ItY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ~~ ~c~. 7sy~l Q~ Ck~ ~5y8~ 12 N~ Our File No.: 344443 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BLANK, FSB Plaintiff, vs. DROSOS KOSTOPOULCDS 1445 ARMITAGE WAY MECHANICSBURG, PA'17050-6400 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Bank, FSB ("Plaintiff'), a federally chartered thrift institution, with a principal place of >~usiness in Salt Lake City, Utah. 2. Defendant(s) is/are DROSOS KOSTOPOULOS ("Defendant"), an adult individual residing at 1445 ARMITAGE WAS MECHANICSBURG, PA 17050-6400. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 1003. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. A true and accuratb copy of the account statement reflecting the balance after default is attached hereto and incorporated by reference herein. 8. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 9. The amount due and owing as of this date is $6,289.25. 10. Plaintiff is entitled do continuing statutory interest at the rate of six percent (6%) per annum pursuant to 41 P.S. § 202. WHEREFORE, Plaaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,289.25 and requests this (Court award costs and A Law Firm interest to the extent permitted by applicable law. SOCIATES, P.C. Plaintiff in Debt Co o~ t BY: David J. Apothaker, Esquire Our File No.: 344443 344443/LI VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true end accurate. The undersigned understands tHat the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. A t Name anr'u~ NK;HOLS ASSISTANT CUSTt~DiAN OF RECORDS Defendant's Name: DRpSOS KOSTOPOULOS Account Number: ending in 1003 t~sitteais Rlieitir~utn Cerd° TSITSIRIS ENT 1NC CfRfJSfJS KOSTOPOULQS Closing. t)ate 10/25!11 New Beilance $6.289,25: Minimum Payrment Due $1,875.50 includesthe past due amount of 11,723.50 Payment Due gate 11119/'1.1 late Paymattt Warm g: If we do not receiveat least the Minimum Payment [3ue by the Payment a Date listed above; you may be assessed a latefee and your APR may be incr~sedto a Penalty APR. LI See page 2for important inforiswtian about your account. D See Page B forti~t~ipartsntthanges to Your Account Terms and an tmpartantChang+~ to file $~TQO Airline Peetredit Benefit ~'~ This. statement. is fair information purposes only. This is not a bill. Please contact your coltecMtions agency for account information, Disregard the Minimum Payment Due, your account is in default and the balance is due in full. O Please note, your preset line is X11,000.00. You have spent $6,289.25. ~ Please fold on the perforation beinw, detach and return with your payment + ~PaymantCoupon ~ PaybyComputer Do rrot staple Dross paperclips open.comlp#x: turiri I~i~zptlil~~l•~nr~iiil~11i,~~iritdbtltr[rlirlrthdnl 17R ()5 KOSTOPOULOS TS RIS ENT 1NC 505 NI ENOLA Rid ENOLA PA 17025-2129 5 Amount Enclosed ~ p. to w Account Ending;~1003 Earrrt points on a!I ahf your-.T__.~ pltrCi185lSr everywMtereyou-use the Card. Vlsft open.americanexpresscom/ smailbusinessrewards Payln Fu1lPortion Previous Balance #834.00 Payments/Cred itt -50:00 New Charges +50:00 Fees +#0.00 New Balance = $834.00 Pay Over Ttma Portion PreviousBalance Payments/Credits New Charges Fees interest Charged New Balance - Minimum Due #5,455.25 -50.00 +#0.00 +Sa.oO +50.00 $5,455.25 #l,oat.5o Account Total Previous Balance PaymentslCredits New Charges Fees Interest Charged 56.288.25 '', -#0.00 +30.00 +Sooo +#0.00 x,288.25 $1,875.50 New Balance Minimum PaymantDua days in Billing Period: 32 ErtiStt)mer Care 1 ~ PaybyComputer ~ open.com/phc CustamerCare Rayi-yPhone 1-800-492-8468 1-800-472-9297 C.'~ See page 2 for addftiotial information. Pay byPhone Account Ending~003 ©172297 EnteraccountnumberonaAdoaaments. Maketheck payabieto AmerfcanFxpress. Payment l7ue Date 11/19/71 New Balance $fir2$9.25 Minimum Payment Due $1,875.50 '~~~'11111'~t~{dr~it6t~~~l~lum~~ir~iiltl~lir11re'~'lti~ltirs a Check herefyouraddressar AMERICAN EXPRESS phanenumber-hasthanged. P.O. BOX 1270 Note changes onreVerseside. NEWARK NJ 07101-1270 13ROSOS KQSTOPCJIJLOS Account Endin 003- p. 217 Pa~nentst Your payment must be sent to the payment address shown ottiyour statement acrd must be received by S p.m. local Umeat that address to be credfted as of the day it is received. Payments we receive-after 5 p.m. wit) not be credited to your Account until the Hatt day nts must also; (t) inckide the remittance coupon frcun yyourstatement; (2) be madewhh a single checkdrawn on a US bankand payable in US door with a negotiable Instrument payable in t1S dollars and clearablethtough the US banking system; arrd (3) Include your Acctxrnt number. ff your paymentdoes not meet all of the above requkemenis, credhing maybe delayed and you may Incur late payment feesand addRlonal interest charges. Ek~ctronic payments must be made through an electtonk payment method payable in US dollarsand clearablethrough the US banking system. tf we accept' payment In a foreign arrency, we will convert h Into US dollars at a cornersbn rate that tr acceptable to us, unless a particular rate n required by law. Pteasedo Hat sen post-dated checksas they will be deposited upon receipt. Any rest[ktive language on a payment we accept will have na effect an us wrthout_ arar express prior written approval We wilt re-present to your financial ins#itut~n anypayment that is returned unpaid. PermissWn for Electronik Vlfithdrawak (1) When you send a check for ixyment, you give us permissionto electronicaliywithdraw ycwr paiymentfrom yourdeposkoro#herasse#a¢cbunt. We will process checksek~ctronicaitytaytransmlttingtheamountafthecheckroutingnumber,dctountnumbet arrdtheckserialnumt~erto rfinanciaiinstitution,unlessthecheckisnotprocessableelectronicallyaralesscostlyprocessbavailable.Whenwe processyaur checkelectro ' Iiy,your payment may be withdrawn from your deposi# or otherasset amount as soon as t he same day we teceiaee your check, andyou wilt not race that cancelled checkwfth your financial account rtaternent, ff we cannot collect the funds eiectranicaliy We may issued draft againstyour deposit ar btherassetaccount for the amount of the check. (2) By using Pay 8y Computer, Pay By Phone or arty other electronic payment service of ours, you give us petmissionto electronicallywitlttlraw funds from the deposit or other a sset account you spt=Cify in the a mount you regtrest. Paymentsus)rtg su~ servkes of ours received after 8:00 p.m. MST may riot be credhed until the next day. iiow We taleulateYour Ba ance•. We use the Average Dally Balance (A DB) method (including new transact tans) to calculate the ba~nce on which we charge interest fnr Pa~ryy Over'~inrte balances on you r Accou nt tall the Customer Ser~ke number fisted t~eiow far more information about this balance computation method and how resulting interest charges aredetermined. The method we use to calculate theADB ondinterestresahs in daily carnpoundingo(fnterest. PayWtginterert: tfyouhaveaPayQverTimebaiarxe,yourduedateisatteas#2Sdaysafterihecbseofeachbiilingperiod. Wewilinotchargeyou 'interest on the Pay Over TimC balance if you paythe Account Total'f~w iialance by the next Closing Date. Foreign GurrencyGharges~ if you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will choose a conversion rats that is acceptable to us for that date, unlessa particular roteis required lay law, The conversion rate we use is no more than the highr_st offici»I rate published by ~ {~vemment agency nr ttw highest interbankra#e we identify from castomary banking sn)ircesowr the conversion. date or the prior business.da~r. Th is rate mayd life r from rates in effect on the date of your charge. Charges converted by establishmentswiN lx billed at the rates such establishrrren#s use. Credit Balance: A credit balance (des~nated CR} shown on this statement represents money owed to you. Ifwithin the six-month perksd foliov+irig the date of the first statement i icatirtg ttte credit balanceyov do not request a refund or charge enough to use up the credit balance, we will send you a check for the credft balance within 30 days if the amount is #1.00 ar more. Lredit Reparting: We may report information about your Account to credit bureaus. Late payments, missed payments,or other defaults an your Account may be reflected in'yourcredit report. Mew York reskfe~tts maycantact the Flew York Banking Department to obtain a comparative listing of credit card rates, fees and grate periods by tailing t-800-5 t &886b. Customer Gre rk ~illing Inquiries intamationalLaNle4t largo Prfnf dr f3raf fe S tstements Expresstash t-8(Xk492-84613 i#earingtmpaired 1-b23-A9?-7714 TTYst-~B00.221-9450 1-800-442-5468 FAX» 1-BQfK~95-9090 1-800{ASH-NOW tnMY:1-800-522-1897 Website: ameticanexpress.comY fNobNeSite: arnexmvbile:com CustanarGra i dr8ifpnginqutries Payments P.O. BOX 98i 535 P.O. BOX 1270 Ei. PA50, TX NEWARK NJ i I 7999$-1535 07101-1270 ~ i i __.~__ ------- E Changeof l9rddress IEcarract nn fmru, do rsot use. • To change your address ordine visit vur~nvarnarirarte>gsressmm/updstecontaetkdo • For Marne, Company N1rtrC fpaign Address or phone duurges, please wp Customer tare • please prirx clearly in bye or into only in the boxes provkfed. _ _ street Address City, State _. Zip Code e Pt~vor e~ AreaLode and Work Phone [mail Pay YQUr Bip nNritit AtrtoPay Avoid (ate fees • Save lime Dedtut yotarpaynient from your bank arxount autatnat'rua ly each month Visit snteriesnexfbressxom/autopsy 'today tb enroll. For ir~ormatbn on how we protect your privacy and.to set yourcommunkaiion aril pmacy choicest please visit veww,americanexplress.com)privary. Bt,rsirtess Platinum Carda ~ '~' P. sn `fSP"fSIR1S ENTlNC r ~ DROSOS KOSTOPOULOS CI osi ng Rate. i 0!25/11: Acxount Ending~003 Fees ]Imrttnt Tots! Feesfor:~ Period #O.flO Interest Gharged Rmount Tota! lnterestthargedior this Pariod ~' 7011 Fees artd Interest Ttrtafs'~tear-to-Date Total Fees in 2011 3586.83 Total Interest in 2011 5789.85 interest Charge calculation Your Annual Percentage Rate (APR} is the annual interest tateon your account. Annua) Balance5utiject Interest PercentageRste tointerostRate Charge ExkendedPaymentQptbn 27.24%(v} ;000 $0.~3 ..Total ~O.Op (v? Yariaf~e Rate Important Notice Informatfort on Pay U-ver Time Features Piea~e rater co Page z for ftkrtt>~ important You may have accessto nr~e of nwre PayChrerTime Features as part of your Card account The fallowing are the current tnfoimadon regarding Annual Percentage Rates (APRs} for Pay OverTime Features..(v} fndkates variable rate. you account For Extended Payment Option, khe APR is 27.2446 (v). Business Platinum Csrd~ 'TS}T31R}B ENTINC 14?ROSOS KOSTOPOtJLOS Closing Date 10/2b/11 Important Chtin~es tW Your Business Platinume' Card Account 1 ` P. gn Account Endir-~1003 We want to make you are of changes to-your Business Platinum Card, including the $200 Airline Fee credit Benefrt, an increase in the annual m~nbership fee for Additional Business Gold Cards, and Pay Over Time features. Thesle changes wlli go into effect an,Januaty 1, 2012. See the chart below for more details. X100 Air[Irna fee t~redit The-$~30 Airline Fes Credit benefit is an annual benefit that can apply to~a~ BBn81}it ' variety of incidental airline fees including baggage fees, itinerary change fees,. In-l~girt food, and airport lounge day poses. To get this behefftyou, must enioll and select your airline of choice. Cht+Prr enrolled, K ye+t wand to changeyour a/NMe choice t'or s calendar y~eer, you must now do so during January of that year: To enro}I' in this benefd, make or change your airline choice, or get more information, visit ame~icanexpt~ess.aa~nVBesitwessPla~nurrtiAiri}neGhaice. No action is Headed. }f you are enrolled and don't want to change your airline choice. Anrluai Met1'tbers ~p Fee The annual membership fee for each Additional Business Gold Gard is 5+45 fart' Addi4ional Bu~iness (previously, this flee was $35); Gvid cards The following change applies to Pay Over Time features When the penalty The penalty APR wiA apply to Pay Cover Tirne balances if you pay late 2 APR will apply times in 12 btifing periods {previously, this was 3-times in 12 tilling periods). The penalty APR wiN also apply if your payment is returned by your bank. We're also taking the, opportunity to emphasize the importance of paying on time each month. By making timely payments you can avoid impacts to your account, such as late fees and restrictions on eamfig and redeeming rewards points. As a reminder, we alter account management toots that can help you track spending :and make payments: • Pay online or by phone 2417 -Login to your account online or cal} 1-i300-i-PAY-AXP {1-800-472-9297). • AutoPay -Have tyour payment automatically deducted from your bank account each month. • Account alerts - Bteceive email or text alerts to track spending, balance and approaching due dates. • Mobile services -.View and manage your Card account from anywhere. Go to financialtools.arrlericanexpress.com/aterts to learn more. Thank you for your Cardknembership. See reve~rae side for changes to your Cardmombar Agra4mer-t end Terms and Coeditioras. 51501 BP/OPNPLTB/1011 Df3OSOS KOSTOPOULOS Account Endingit003 P' Ntrtice of Important Changes bo Your Cardmember Rgreemer-t and the 3200 Airline Fee Credit Terms and Conditlons 1Ne are making certain changes to the American Express Cardmember Agreement {"Agreement")-governing your Account. ref~eneed in this ntaice end to the Terms and Conditlonsgoverning the ~ZflEI Airline Fee Credit benefit. Any larwguage in the Agreementor Terms anc~ Conditions contrary to or aor-flioting with terms amended below is replaced fugy and dc>mpleteiY• Ali terms of the'; Agreement r Terms and Conditions not amended herein remain in full foree:and effect. The changes to your Agreement -apply to exlsrrg balances and future balanises on your Accoun#. We urge you and any Additional Cardmembers on your Account to read the below notice carefully and file it along with your Agreement in a safe place for #uture reference. Annual M®rnbership E fat Additional Business Qold Cards Effective January 1, 201', Annvel Membership, in How Rates and Fees Work on page 2 of yourAgreement Part 1, is amended by deleting "S~5" end replacing it with "S45". When the penalty APR ~iil apply Ef#ective vrith billing peris~ds beginning on or after January 1, 2012, if Penalty APR and tNhen It App1r'es appearts on page 1 of your Agreement Part 1, t~tat section is amended by deleting "you make 3 late payments in 12 months' and replacing it with "you make 2 late payments in 12 months". Also effective with billing] periods beginning on Drafter January 1, 2012, When th® penalty APR wilt apply, on page 2 of your Agreement part 1, is deleted' and replaced with the following: "The penalty APR applies to Pay Over Time balances if:- • you do not pay a# least the: Minimum Payment Due by the Closing Date of the billing period in which it is due 2 times in 12 twilling plerlods, • you do not pair at least the fylinimum Payment Due bythe Closing Date of the billing period in which it is due and you still do nbt pay it by the Closing Date of the next billing period,. or •your payment'is returned byyour bank." sZ00 Airline Fee Crediq Benefit Effective immediately, rile reference to "December" in the sixth sentence of the Terms and Condtons is deleted and replaced with "January." The revi$ed Terms and Conditions are shown below in their entirety with this change highlighted in bold for clarity. "Benefit is available to Consumer and Business. Platinum Card° and Centurions members only. To receivie statement credits of up to 520 a year toward incidental air travel fees,.. Gard member'. must enroll and choose a qualifying airline at www. e ' r 'i hie. Only the Basic Card member or Authorized ,account Manager(s) on the and account can enroll and select the qualifying airline. Gard members who have note chosen a qualifying airline wilN be able to do so at any time. It can take up to 48 hours post enrellment and airline clpoice for the benefit to be effect'r~re. Gard members who have already selected a qualifying airline will not be able to change their choice until January of each calendar year at which time they may change their airline choice for that calendar year. Gard members who do not change their airline selection will remain with their current airline. Staten7ent Credits: incidental airtravel fees must be charged on the enrolled Card accountfor the benefit to apply. incidental air travel fees must be separate c~warges from airline ticket charges. Fees not charged 6y the Card member's airline of choice {e.g. wireless Internet and'fees incurred. with airline alliance partners) do not qualify for statement credits. Upgrade charges are not deemed to be incidental #ees. The airline must submit the incidental air travel fees under the approprirate merchant code, industry coda, or required service or product identifier for the charge to be eligible. Purchases made by both the Basic and Additional Card members on the enrolled Card account are eligible for statement credits. Each Gard Account is eligible. for up to a t~wtal of $200. a year in statement credits, regardless of the number of Cards on the Account. Please allow 2-4 weeks afl~erthe qualifying inadental air travel tee is charged to your Card accountfor statement credit{s) to be posted to the acco nt. Gard members can call the number on the back of the Card ff statement erect#s hove not posted after 4 weeks from he elate ofpurchase; Card members are responsible for payment.. of.alt charges unfit the statement credit(s) posts tot account. To be eligible for this benefit, Card account(s) must be active. and not 'tn default at the time. of statement credit tfittment• If a charge for any inadenta(air (ravel fee is iheluded in a Pay Over Time feature balance on your Gard acccs~nt (for example, Sign 19i Travel), the.: statement credit associated with that charge°wNl not be applied to that Pay Cover Time feature balance. instead, the statement creditwi~ be applied tayour Pay In Full balance. For additional information about this taenefd, tail-the number on the back of your Card." S'1501 SPIQPNPLT$/1011 (?PEN Savings" Surnmary P.» PreP+~ For Accour+r Erdlig ' oROSOS xosrol~auGas ~oQs TSR51RiS ENT INC Sarrtngs this eiititxg Period Savings'Binca January 2011 0.40 0.00 f To slartsa~g soda ~ altwWw.e~p~n.+~o!tt-bPensaXin~sertd i~iarn erwre about the OREN Spsvings program and parti~l~g tnarchants ' O'ur File No.: 344443 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff AMERICAN EXPRESS BANK, FSB Plaintiff vs. DROSOSKOSTOPOULOS Defendant °" ., n f~ !~~ Pr ~ v 1.4' ~; tl I t'~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 12-5819 CIVIL Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DROSOS KOSTOPOULOS, in the default of an Answer, in the amount of $6,289.25 computed as follows: Amount claimed in complaint: $ 6,289.25 Less: Amount Paid: ( 0.00) Plus: Interest from September 19, 2012 to November 1, 2012 0.00 at the legal interest rate of 0.00% per annum Attorney fees 0.00 TOTAL / 1 $ 6,289.25 I certify that Defendant, DROSOS KOSTO~O LOS, last known address is 1445 ARMITAGE WAY MECHANICSBURG, PA 1705Q- 00. David J. ApotA~ker, Esq. Attorney for Plaintiff ~~ ~,~.~~1a~ e ~,~ agaaa3 ~~~ ~;.~~ AMERICAN EXPRESS BANK, FSB vs. DROSOSKOSTOPOULOS To: DROSOS KOSTOPOULOS 1445 ARMITAGE WAY MECHANICSBURG, PA 17050-6400 Date of Notice: October 15, 2012 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-5819 CIVIL IMPORTANT NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 /~/ DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 344443 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DROSOSKOSTOPOULOS 1445 ARMITAGE WAY MECHANICSBURG, PA 17050-6400 AMERICAN EXPRESS BANK, FSB vs. Plaintiff DROSOS KOSTOPOULOS Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 12-5819 CIVIL Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq, at this telephone number: 800-672-0215 ' Our File No.: 344443 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. DROSOSKOSTOPOULOS NO.: 12-5819 CIVIL Defendant Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are §4904, relating to unsworn falsification to autl~ori subject to the penalties of 18 Pa.C.S.A. David J. Apothaker, Esq. Attorney for Plaintiff Ot~r File No.: 344443 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff AMERICAN EXPRESS BANK, FSB Plaintiff vs. DROSOS KOSTOPOULOS Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 12-5819 CIVIL SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 1445 ARMITAGF, WAY MECHANICSBURG, PA 17050-6400. We inquired with the web site of the Dei 1600 Wilson Boulevard, Suite 400, Arlington, VA any branch of the military. Mary M. Snavely-Dixon, Director of the back our inquiry indicated that the Defendant(s) power Data Center, located at 93, if the Defendant(s) is/are in se Manpower Data Center has sent not itx'the military. David J. Ap~haker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Results as of :Nov-01-2012 01:00:06 Department of Defense Manpower Data Center SCRA 2.3 ~u''CY{G~3CI'~ 1V1.1 ~.G~II~ Last Name: KOSTOPOULOS First Name: DROSOS Middle Name: Active Duty Status As Of: Nov-01-2012 On Active Duty On Active Duty:Satlus C3WM lutive0uty Stan Date Active Duty End Dela Status Service Cotnponan[ NA NA :. t~.. NA -. This response reflects fha intLviduals' active duty status based on iheAclive DutyBtalus Date Lefl Active Outy Vhthin 3fi7 Days of Ac9ve Duty Status Dale Active Duty SmrFDate Activa Duly Hnd Date Status Service Component NA NA No NA This response reflects wherEflle Individual left achveduty siahrs within 367 tlays preceding the AceveDUly Status Date The umber or Hu.'Her Uni[ Was.NOtiGed df 6 Fedora CaILUp to Ac9ve Duly on Active Duty Sfa11+S.Dete OtiierNoffRcatbaStert Dete Order NotA~ratiwt En~i`Date Status Service Component NA NA tJo '.. NA This response reflects whether the sidlvitfuai ar hrsRter unit has receivetl early. r1o9(ication to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. • ~" '"~~` Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as 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 only 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 was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:Nwww.defenselink.mil/faglpis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1 ). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: CUP8ME1 P21 C`a -r; IN THE UNITED STATES BANKRUPTCY COURT x. —+ FOR THE MIDDLE DISTRICT OF PENNSYLVANIA rnm '— z ` 'Ya r"- a c_� IN RE. CHAPTER 7 ?> �- DROSOS NIKOLAOS KOSTOPOULOS, : - CD Debtor CASE NO. 1:12-bk-07020 >c) c ..._ c DROSOS NIKOLAOS KOSTOPOULOS, : i> c, Movant v. CERTIFIED FROM THE RECORD this ___ AMERICAN EXPRESS BANK FSB, day of i !,� �rL , 20 /� Respondent Clerk, U.S. E3ari ,ruf'tc,, Court =-'� Per rrh/ ...//at ORDER eputy Clerk UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(0 of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of AMERICAN EXPRESS BANK FSB in the approximate amount of $6,289.25 entered in Cumberland County at docket number # 2012-5819 be and hereby is avoided; it is further _ ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Cour Dated: October 8, 2013 Chief Bankruptcy Judge (JK) 49.soe ' dP7' ecuy Q/t3a997 Case 1:12-bk-07020-MDF Doc 33 Filed 10/08/13 Entered 10/08/13 11:00:59 Desc Main Document Page 1 of 1