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HomeMy WebLinkAbout14-1155 Supreme Court.of Pennsylvania Coui- of G m��it�u Fleas ,� ` For Protltonatar► Use Onit - lr =i<l NZe' sheet , C ��l D DocketNo: Co>einh 9 w gSS The itafonnation collected on this foi-m is used solely for court administration pufposes. This form does not srtpplement or replace the filing and sen�ice of pleadings or other papers as reguh ed 13" lmv or rules of court. 1 S Commencement of Action: i E ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK MIKE P MILONOPOULOS i Dollar Amount Requested: ® within arbitration limits j Are money damages requested? [E Yes El No (check one) ❑ outside arbitration limits i N Is this a Class Action Suit? El Yes ® No Is this an MDJAppeal? ❑Yes ®No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your j PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not t) El Employment Dispute: S include mass tor E Discrimination El Slander/Libel/ Defamation El El Employment Dispute: Other C E] Zoning Board El , I ❑ Other: j, O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: i ❑ Dental El Other: ❑ Legal ❑ Medical ❑ Other Professional: i - -- Updated 1/1/2011 1'r FROT140tit r /;j Our File No.: 372379 APOTHAKER & ASSOCIATES, P.C. 2 0 , 14 FEB 5 3 BY: David J. Apothaker, Esquire fi`9 F � ' Attorney I.D.# 38423 PEN NS Y LV A NIA RL CU M BE R LA ND UNITY 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND UN NEW ALBANY ROAD NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) VS. ) MIKE P MILONOPOULOS ) 1711 BRIDGE ST ) NEW CUMBERLAND, PA 17070 -1141 ) Defendant. ) NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717 -249 -3166 t96 a��� Our File No.: 372379 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 DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) VS. ) MIKE P MILONOPOULOS ) 1711 BRIDGE ST ) NEW CUMBERLAND, PA 17070 -1141 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ( "Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is /are MIKE P MILONOPOULOS ( "Defendant "), an adult individual residing at 1711 BRIDGE ST, NEW CUMBERLAND, PA 17070 -1141. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 6819. 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. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $6,812.45. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,812.45 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE & SSOCIATES, P.C. Atto , ey or Plaintiff A Law Firm ga d in Debt Collection BY: David J. A thaker, Esquire Our File No.: 372379 VERIFICATION (Name ( e) of DB Servicing Corporation, the servicing affiliate for Discover Bank, does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities and states, that he /she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his /her knowledge and information and that he /she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S /he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. (:] ta ure) Defendant's Name: MIKE P MILONOPOULOS DB Servicing Corporation servicing Account Number: ending in 6819 affiliate for Discover Bank Our File No.: 372379 PO Box 3025 New Albany, OH 43054 Discover More Card Account number ending in 6819 Open Date: May 25, 2013- Close Date: Jun 24, 2013 Card member Since 2011 Page 1 of 4 ACCOU SUMMARY PAYMENT INFORMATION Previous Balance $6,812.45 New Balance $6,81 1.4 5 5 Payments and Credits — $0.00 Minimum Payment Due ` $1,005.00 Purchases + $0.00 Payment Due Date July 19, 2013 Balance Transfers + $0.00 Includes past due amount of: $868.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $0.00 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $6,812.45 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.99% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $9,000 balance. For example: Credit Line Available $0 1�yovmakenoaddIt+Onal.charges Youwidpeiyoffthe And;yauwtfleridtap Cosh Advance Credit Line $900 �tsing.thts card and each month balanre;sftawn on thrs paying on estimated rotal you pay ' s0emerit in about Cash Advance Credit Line Available $0 Only the minimum payment 9 years $6,812 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 -1121. See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 July Opening Balance $ 0.00 New Cashbock Bonus This Period + $ 0.00 Redeemed This Period — $ 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Payment Coupon Payt�niite fray by Phone Account number ending in 6819 Please do not fold „clip tSr staple ' Discover cam 1 800 3476$3 . Minimum Payment Due $1,005.00 New Balance $6,812.45 Payment Due Date July 19, 2013 MIKE P MILONOPOULOS 1711 BRIDGE ST Amount enclosed Is NEW CUMBERLND PA 17070-1141 PO BOX 71 084 CHARLOTTE INC 28272 -1084 Phone and Internet payments must be received by 5PM ET to be credited as of the same day. Address, e-mail or telephone changed? Note changes on reverse side. MIKE P MILONOPOULOS Account number ending in 6819 Open Date: May 25, 2013 - Close Date: Jun 24, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar What To Do IF You Think You Find A Mistake On Your Statement amount" payment is not enough to cover the Minimum Payment Due as listed If you think there is an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be do we are not required to investigate any potential errors, and you may have applied in accordance with your Cardmember Agreement. If your scheduled to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance. Your https : / /discover.com /billingrights for a copy of this notice. automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. Payments. You may pay all or part of your Account balance at anytime. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due by the Payment following blanks below and retain the authorization for our records. Due Date. Send only,your ppayment and the bottom portion of this statement 9 Y in the envelope provided. Do not send cash. If you pay by check, you authorize us to use information on your check to make on electronic fund Amount: 0 Full Pay [] Min Pay 0 Min Pay+ $ transfer from yyour account at the financial institution indicated on your check Other Amount$ ;Bank Routing #: or to process the paXXment as a check transaction. If a payment is processed as an electronic fund transfer, the transfer will be for the amount of the Bank Account # check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same Monthly on the [I Payment Due Date Close Date day we receive your payment, and you will not receive your check back from your financial institution. Day of month (insert date) The processing of your payment may be delayed if you send cash, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use an envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us at the at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. as of the next day. If you have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if made by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We You can pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cash setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Date or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment date referred to on te Subject n your statement, (including current transactions) to calculate the Balance Subje to Interest unless you request a recurring payment date (e.g., the 15 day of the month) Rate. For more information, please call to at 1-800-347-2683. ct that occurs before your Payment Due Date or Close Date. If your scheduled payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior to the weekend or bank holiday inform s . and ation. You will be asked to provide the Iasi four (4) In order to to Interest Rate. It shows this for each transaction category. The Balance your bank account information. schedule monthly p by telephone, you will need this statement Subject to Interest Rate is the average of the daily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, s t amount selected to initiate debit or credit you, from your bank account. You also to you. You may make charges against this amount if your Account is open. authorize , t entries to your bank account, We will send you a refund of any remaining balance of $1.00 or more after applicable, correct an error in the processing of such payment. You can 6 months, or as otherwise required by applicable law, or upon request made cancel a scheduled payment by phone at 1- 800 - 347 -26 or by mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30 Salt Lake City, 84130 -04211; ; however , must Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we willl l tell you on each receive notice at least t three business days in n advance the scheduled ed d Discover representatives for quality assurance purposes. monthly billing statement when your payment will be made and how much it The Discover® card is issued by Discover Bank, Member FDIC. TL23N will be. CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email State, Zip i To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card Account number ending in 6819 Open Date: May 25, 2013 - Close Date: Jun 24, 2013 Page 3 of 4 CONTACT US 0 Web Mobile Phone Inquiry Mail Payments Access your Manage your © 1- 800 - DISCOVER 0 Discover 0 Discover account securely account anytime, (1- 800 - 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com LIT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 70.00 TOTAL INTEREST CHARGED IN 2013 $ 214.53 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 18.99% V $0.00 $0.00 Cash Advances 23.99% V $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /interestcharges NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION MIKE P MILONOPOULOS Account number ending in 6819 Open Date: May 25, 2013 - Close Date: Jun 24, 2013 Page 4 of 4 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Discover Bank vs. Mike P Milonopoulos Case Number 2014 -1155 SHERIFF'S RETURN OF SERVICE 02/28/2014 07:15 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Tracey Milonopoulos, Wife, who accepted as "Adult Person in Charge" for Mike P Milonopoulos at 1711 Bridge Street, New Cumberland Borough, New Cumberland, PA 17070. JASO VINSL R, EP SHERIFF COST: $47.21 SO ANSWERS, March 05, 2014 (c) CountySt).te ;neritf, Teleosoft, inc. RSON, SHERIFF ONZF(NDER Our file No.: 372379 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff TJTH r� 2r i R, APR 114 P11 2: 2" PENNSYI.VJ\t41P DISCOVER BANK Plaintiff, vs. MIKE P MILONOPOULOS Defendant. VN1 3120V ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) DOCKET NO.: 14 -1155 ) ) ) ) STIPULATION IN LIEU OF JUDGMENT ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: Civil Action It is on March 18, 2014, STIPULATED by and between DISCOVER BANK ( "Plaintiff') and MIKE P MILONOPOULOS ( "Defendant "), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $6,812.45, plus court costs in the amount of $203.75, for a total of $7,016.20. 2. Defendant agrees to pay to Plaintiff the sum of $4,975.00, which Plaintiff agrees to accept in full settlement of its claim herein. 3. Defendant agrees to remit payment(s) in the following manner: a. $2,005.00 to be paid on or before March 30, 2014; b. $495.00 to be paid on or before the 30`h day of each month, beginning April 30, 2014 through September 30, 2014. 4. All payments shall be made payable to 'DISCOVER BANK ", and sent to the office of Plaintiff's attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be 1 ‘:4 entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (I) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker & Associates, P.C. A Law Firm Engaged in Debt Collection Attorney or Plaintiff By: Benjamin J. o, Esquire Attorney ID# 307949 By: 2 Our File No.: 372379 Apothaker Scian P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK Plaintiff, vs. MIKE P MILONOPOULOS Defendant. FILED -OFFICE OF THE PRO THONO TA 2014 OCT -6 PH 2:59 CUMBERLAND COUNTY PENNSYLVA NIA ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) NO. 14-1155 ) ) ) ) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter as Settled, Discontinued and Ended. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engaged in -bt Collection K. beri, f. Scian, Esquire Dated: October 1, 2014