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HomeMy WebLinkAbout07-3776IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. VICKIE D MEROVICH Defendant -YA No: COMPLAINT IN CIVIL ACTION 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05615113 C N Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No VICKIE D MEROVICH Defendant 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 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: VICKIE D MEROVICH 1071 LANCASTER BLVD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 4388641794116553 . 4. Defendant made use of said credit card and has a current balance due of $2156.82 , as of February 28, 2007 . 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 27.740% per annum on the unpaid balance from February 28, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. 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 , VICKIE D MEROVICH , INDIVIDUALLY , in the amount of $2156.82 with continuing interest thereon at the rate of 27.740% per annum from February 28, 2007 plus costs. James . Warmbrodt,42524 'ELI?ly , WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 2718 Pitts ur h, PA 15219 (412 43 -7955 FAX: 41 -338-7130 056 51 C N Pit CXC This law firm is a debt collector attetpt,?ng to collect this debt for our client and any information obtain d kill be used for that purpose. The Deal You've Been Waiting For... MOTOROLA FREE?R V3 ?'y_ > FREE* Wireless Camera Phone .? > BONUS Free Bluetooth* Headset ($60 Value) C > FREE Shipping & Handling c i ng u l a r W I REFLY raisingthebarad" IheWkel•atktperatM Pleasprinanailingddressnd/oe-maithangdzlowsing)luorblacink. Capital o * GOLD VISA ACCOUNT 4388-6417-9411-6553 Account Summary PreviousBalance SI,48146 Payments, Credits and Adjustments S.00 Transactions S35.00 Finance Charges $34.20 New Balance $1,552.66 Minimum Amount Due $1,552.66 Payment Due Date November03, 2005 Total Credit Line $1,000 Total AvailableCredit S.00 Credit Line for Cash $1,000 AvailableCredit for Cash $.00 At your service To callCustomeRelationertoreporta lostorstolemard: 1-800-903-3637 For freeonlinaccounservicandspeciatustomeoffenlogonto: www.capitalone.com Sendpaymentm: Sendinquirieto: Atm: Remittanc@rocessing CapitalOneBank CapitalDne P. O. Box790216 P.O.Box30285 St. LouisM063179-0216 SLC,UT84130-0285 Important Account Information Twelve unsung heroes ofcollegeathletics are competing for the honor of Capital One National Mascot of the Year- and you can help decide who wins] Each week, the mascots go head-to-head in competition, but only one will win the coveted title and $10,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to tune in to the Capital One Bowl on ABC on Monday, January2, 2006, to see who wins] SEP 04 - OCT 03, 2005 Page 1 of I Payments, Credits and Adjustments Transactions 03 OCT PAST DUE FEE $35.00 We appreciate yourbrainessand are converting your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival of yournew Platinum card at your next reissue. Until then, youwill receivePlatinum benefitswhen youuse yourcurreat card For details about your new Platinum benefits,visitwww.capitalone.com/creditcardsand clickon the Guide to Benefits link. Thanks for choosing Capital One. Youwere assesseda past due fee of $35.00 on 10/03/2005 becauseyourmimmum payment was not receivedby the due date of 10/03/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Pleaseseereversaideforimponantinformation Balantaate Periodic Cor FINANCE nding FAE applie) A rate PURCHASES $1,499.92 .076002 27.74% $34.20 CASH S.00 .07600% 27.74% S.00 ANNUAL PERCENTAGE RATE applied this period V PLEASE RETURN PORTION BELOW WITH PAYMENT CapitaloW 0000000 0 4388641794116553 03 1552660100001552661 New Balance $1,552.66 Minimum Amount Due $1,552.66 Payment Due Date November 03, 2005 Total enclosed $ Account Number. 4388-6417-9411-6553 003 27.74% City State ZIP Homfhone Altemalirone T #9027773667495750# MAIL ID NUMBER Capital One Bank -?-' VICKIE D MEROVICH P.O. Box 790216 200 ROBSON RD St. LOU18, MO 63179-0216 Z DILLS13URG PA 17019-8919 EXHIBIT Pleme"teyouraceounsrumbeonyourcheelormone}ordemadepayabletoCapitat OneBankand mail in theenclowdrivelope. I ?P.. 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Call 1-800-973-0691 Or Visit www.wirefly.com/capitalone s r X cingular WIREFLY raisingthebar..rdr Th. Wirelm superabn Pharar free atYr mdFn wine. This other Is fulilled by oteek inc., an aahrded dealer for Cellular Wkelea. Offer 11AWt In aedit apgpval or depodl, and is miade to mmbmBa a nor liar of sent on a Iso year canbact vvlhCw WrWirekY.NotalUSnadreNreserved byOngulrW7rbsaflyourenotfnapndilrWneassraeyouviii receive anler greet tiller train ado map viideec mrr?pry Oder retrklore see ful fifer for detab. offer Boren Noemhr 30,2005. Ollw mall'rerY OnpYar, the IYe kan, fldbvr and k ae nepkNred trademrat of angular Wiebr, LLC. Rasing The Br seers to graphic den we aervdce mach of Wiesen, I.L.C. angular Whim and the O ngularW ralear logo anstraderneft or reQetared hadernadn of angulrWiresa I.L.C. 02005 angular Wkeless, IlC.AN dghta reerved. kftord&, angular' and Wreoy' are responsible tar Oft oft, mid are not alRllasd with Capital One. Capital one aces not provide, widow or gasrannee, and Is net afflbbd wRh, terry product or service album lwre. Arry trademarks mendoned herein we eddy omard by the respective snltty.AN rights reserved. By responding to the offer, you may be communcetig iMomelbon about yourself to the company that provides Ibs product - for eaimps, that you are a =0=1 mr. One Services, Inc. Capital one is a hderaN registered service mark. All dghs reserved. r gives us appear as a any on Special Rule For Credit Card Purchases assess me same or or t Does not apply to consumer non-credit card accoun '/. Does not apply to business non-credit card accoun CapitatlpOatne suppwls i pfnorrnation privacy protectson: jeeiou, ??YYebsr{a) On4wrww a ar l ie?Eer?dd service Irgf optal Capitalne ?arporan?n. ngetus reserve « Oo us VERIFICATION CAPITAL ONE BANK vs MEROVICH, VICKIE D The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. MAISHA DAVIS Dudieyl r Notary Public, Dekalb County, Georgia My Commission Expires January 19, 2009 4388641794116553 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. n tt f C .? _ M;p N --C ec"a CAPITAL ONE BANK, Plaintiff V. VICKIE D. MEROVICH, Defendant 1. Admitted. 2. Admitted. 3. Denied. No. 07-3776 CIVIL TERM ANSWER TO COMPLAINT 4. Denied. To the contrary. The balance is unknown and has been used by others as well as a usurious rate of interest. 5. Denied. 6. Denied. Defendant denies that Plaintiff is entitled to 27.740% per annum as the interest rate is usurious and was never agreed to by Defendant. It is illegal. 7. Denied. Respectfully submitted, rj ff'A dMitt't Vickie D. Merovich Pro Se 591 Geneva Drive, Apt. 3 Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CnMPT.ATNT TN C:TVTT. ACTION C? ev ` ©- - r ... -om J-. sa ? : Cs C ortl N t..i7 -< SHERIFF'S RETURN - REGULAR CASE NO: 2007-03776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MEROVICH VICKIE D MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MEROVICH VICKIE D the DEFENDANT , at 2053:00 HOURS, on the 19th day of July 2007 at 591 GENEVA DRIVE APT 3 MECHANICSBURG, PA 17055 VICKIE MEROVICH by handing to 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 Service Affidavit Surcharge -12, 101 9. V/ Sworn and Subscibed to before me this of So Answers: 18.00 21.12 .00 10.00 R. Thomas Kline .00 49.12 07/20/2007 WELTMAN WEINBERG REIS By. O r day De-put Sheriff ? -- A. D. ?° 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. VICKIE D MEROVICH Defendant No.07-3776-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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#5615113 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. VICKIE D MEROVICH Defendant Civil Action No. 07-3776-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Vickie D Merovich, in the amount of $2484.09 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attc WVh IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-3776-CIVIL TERM VICKIE D MEROVICH Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Vickie D Merovich, above-named, in the amount of $2484.09 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2484.09 with continuing interest thereon at a rate of 6.0% per annum plus costs from date of judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Vickie D Merovich, in the amount of $2484.09 plus continuing interest thereon at the rate of 6.0% per annum from date of judgment and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $85.00 due by 2/15/08; (b) $85.00 due on the last day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Capital One Bank" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. Zday o 9. Intending to be legally bound, the parties set their hands and seals this& 20. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Ja4C.brodt, Esquire PA LDWELT BERG & REIS CO., L.P.A. 1400 King 436 Se;bu h, A 15219 (42A34-7955 No. 5615113 BY: Defendant, Vickie D Merovich r•,a t? T _Y ptn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-3776-CIVIL TERM VICKIE D MEROVICH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Igment was entered against you on . (xx) Assumpsit Judgment in the amount of $2484.09 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary ERIC WEINER, ESQ 2407 PARK DR HARRISBURG PA 17110 By: PROT NOTARY