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HomeMy WebLinkAbout07-4199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: ~~- ~~99 l.iiVi ~ TP.rr-^ vs. VICKIE D MEROVICH Defendant 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 05912869 C N Pit SJS 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 591 GENEVA DR APT 3 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 4862362161737005 . 4. Defendant made use of said credit card and has a current balance due of $3202.28 as of May 22, 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 19.800% per annum on the unpaid balance from May 22, 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 $3202.28 with continuing interest thereon at the rate of 19.800s per annum from May 22, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 43 -7955 F 41 -338-7130 0 91286 C N Pit SJS This law firm is a debt collector a~emp~ring to collect this debt for our client and any information obta ne will be used for that purpose. The Deal You've Been Waiting For ... 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Box 30285 St Louis, MO 63179-0216 SLC, L7T 84130-0285 Itnoortant Account Information Twelve unsung heroes of college athletics aze competing for the honor of Capital One National Mascot of the Yeaz -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 f10,000 for their school. Go to t:tpitalone.com where you can vote daily for your favorite mascot -and don't forget to rune N to the Capital One Bowl on ABC on Monday, January 2, 2006, to see who wins! m 0 m SEP 04 - OCT 03, 2005 Page 1 of 1 Payments, Cm&ts and Adjustments Transactions 1 03 OCT CAPITAL ONE MONTHLY MEMBER FEE (6.00 2 03 OCT PAST DUE FEE 35.00 You were assessed a past due fee of (35.00 on 10/03/2005 betause your minunum payment was not received by 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 Pleare tat rtzrerx aide for important information ~r Pr.~ Carrryrmdwg ~~~~ afplirdto PP AA PURCHASES 52$89.83 9 S0% 142.15 .05425% l CASH 1.00 .05425% 19.80% I.DO ANNUAL PERCENTAGE RATE applied this period • PLEASE RETURN PORTION BELOW WI"I7i PAYMENT Cap~ta~Q~a 0000000 0 4862362161737005 03 2652470110002652471 New Balance E2,652.47 Minunum Amount Due E2,652.47 Payment Due Date November 03, 2005 T01a1 enflOSed f Account Number. 4862-3621-6173-7005 Pleau print mailing addrtt and w e-mail rhmsger brlotu rasing bl a bl k Mk 003 19.80% Suees Apc t Cry State ZIP Home Phone Alt<rnar< Phone ~_ #9027717184866514# MAIL ID NUMB~rC /~ ~~~ Capital One Bank '~ VICKIE D MEROVICH 00~~~~wwwww/ 1 P.O. Box 790216 ~t~n~u~~a~~tu~ttt~~ m ~ 200 ROBSON RD ° DILLSBURG PA 17019-8919 St. Louis, MO 63179-0216 ~ ~t~~tttt~~tw~~~ttt~~I~n~~nut~s~ut~~t~~uut~~t~~n~u~t~ ° z ~~,n,.,,~r~~ia a~a~s~aaaa Pkare write yow auaunt number on yow rJ~uk or money order made payable to Capital One Bank and mail in the ens/aedenvelope. FREE*RAZR V3 alkrrebafe aM2-ynr a.rvkaapean~r[ Motorola RAZR V3 phone includes: >DigRal Zoom Camera >Bluetooth Capability >Built-in Speakerphone >Ultra-Thin Compact Design angular Wireless Plans include: >Unlimited Mobile to Mobile >FREE Nationwide Long Distance >No Roaming Charges > Rollover Unused Anytime Minutes (A feature specific only to Cingular Wireless!) ~_ ~_ ttrtrtrl~ tats a~ S X~ 8 O M ~ I O fpN Order Today! Call 1-800-973-0691 Or Visit www.wirefly.com/capitalone X .~,~ X cingulnagr~~r+~~ WIREF Y • PIXXIe free alter mail-in rebate. Ttls oily Is htlNletl by hrPhaXC Inc., an a~arhetl tl~ler fir CXlplllar Wireless. Ofkr sAjecl b crept apploral or geposil, and ~ evaXable b twslsnlels acUralilp a new ale al sayice on a two year rnrthad with Ciltgula Whelees. Not all US markalS are Btsvetl by CXgua Wirelme. M ydU ereanpdpt in a CkglhlWdsse etas ygll wiN leaeive eaAha Beat ORa Iran statist RXjOf wkdees Iatt4aN. Dtlar reatricdorls Fa ~, see (d alter tar deRails. Offer ftilpires November 30, 2005.ORa Irrty vary. CatPXar, the graphic icon, Rdlova and IrotyTilk 8re lapisbmd tredemafa d CiIgllla Wireless, LLC. Nebrq The Bar erd theg icon are saws make of Citlgular WirNess, LLC. Isllgula Wiekss and fie (Shgllla Wirdess bW are trademalaaa~ie0slerod trademads of Cilqula Wfrdess LLC. ®2005 Cirlgtdar Wndess, LLC. Afl dpla reserved. InPtanice, (Snqulae and WlfeRy° are respollside far tlXs tAfa, ant are rat aRllietetl with CaWrll One. Capital One tloes rat provide, ert0ase a guarantee. antl N not aNXiamd wRh, arty product or service mown here. My ttadamarta tranOolled herein are adety owned by ale respective ellXly. AX rights reserved. BY respaMing b this offs, you may be communicating information about yourself b the cemparry flat ptnvides this product -for erampb, that You an; a Capital One cltsbrner. O 2005 Capital One Services, Inc. CepXal One is a federelly registered service mark. All dgh~ reserved. padotlic rate. To oMain tfa average daily balance (or the bfllinp pedod covered by this atrnemern, we take the begimirp belerce o1 each xgmern each day, add any new varoactiona to each aegmern, and subtract any P+Vmems or credks. Of the code N appears rn the from of tits statemem con to 'Balance Rate Apdietl To,' we also subtrad any urrpeitl finance dirge indrided in the balance of eadr x .) Thies gives ua [he dally balance of each xgmtm. Then, we atld up all tfra daily balances for each eegmes to the bilXng pedotl end dvitle by me total number of days m the billing pedod. TNs pees us me average dally belarce of each aegmern. 3. AmM Paraertape Rata IAPItI. a. The term 'Annual Percemalp Rate' may appear as 'APR' on the trod of cots atattmem. b. If the crlde P (Pdme), L 13-mo. LIBOR), C (Certificate of Deptrstl, or 5 (fiankcerd Poore) appears on the from of this tttatemtm ran to me pedotac notelet, the penodc rates ant correapondirq ANNUAL PERCENTAGE RATES may vary quertedy and may ircreax or decreax based n the atoted indices, as 7ornd in Tae Wea Street Jorsna/, plus tfre margn previedy disclosed to you. These durgea will be etfective an the first clay of your billing pedM covered by your pedMlc tnstemrm entirg the monms Janury, Apol, JtXY ant October. c. If the code D (Pdme), F n-mo. UBORI or G 13-ma. LIBOR Repdced Montltly) appear on the from of your sretemtm rren to the pedoac rotate), the pedodic rates ant corrapondng ANNUAL PERCENTAGE RATES may very momhly ant may Ircr x or decrease beaetl on the stated indca, as lend In The Ws4 Stmef JoumM, dos ~fte margin prewoudy disdoaed to you. These ehsngea II he effective m the first day of your billing pedod each mornh. 4. AamanwC d Lata, Ovar6rrra and Rratntrd Payrrrars Facts. Your ectatm vvlX M assessed ra more than two of the fees listed hero that omtr dudng any biXing pedod. Under the terms oT your eataner agramtm, wa rexrve fire rigor to waive or nor to eaxm any teat whlaut pdor ratificetion ro you without waiving our n9rn to assess the name or dmilar tea st a later time. 5.'rRenwWrg Ytar Aoaeaa. If a mambenhip to appear on the trorn of this aetemem, you have 30 days from the date this atatemem was mailed to you to avdd paying the fa or to have mtdt fee crelited to you if you cerrcel your accram. Dudrg this peaM, ye, may mMrote to use your acmun without haWng to pay the membereMp Tee. To carted your acearm, you coon ratiry is by ceiling our Customer Rdatiora Deperonem eM pay your 'New Belarce' in fiat lexdudirg Ute emberehip fee) Pdor to the eM of the tMrty-day padod. B. N Yau Cbr Vaa Assess. Vou can reµreal to dose your accourn by cellirq our Customer Relatiets Depertmertl. You mtln destroy your cretN camlal ant acmun access dtxka, caned all proaudadzed hilXng, end ceax ueirtg your ecmun. If you tb rat cerael praumodzed bllirq anargemera9, vve will cmeitler retxipt of a Burge your 9ulae:ation to reopen your cceun. Atlditieully, ywr steam will nor ce closed omit you P+V ell amoums you owe us irdudrg: any haroacrioro you have auhodzed, firorce dames, peat duo fees, ovedlmlt tea, returned psymrm fees, mesh advarce fees ant any mbar fees assexed to your accoutt. You are reaportdde for these amrbme whetMr they appear on your accexrt at the tune you retpattt to close the atzwrt ar tfley are kwilrred subsequtm to your roglron to clox the accoum. TNa may result in charges eppadng on your accoum abet you have your eccWrn it it roe already bem cbxtl. For ezemde, if you audadzed a purdtex fran a merdum ant we 'va the trenasction from the merchem char your ceermt hoe been closed, your acerrm will be reopened, the amem m the cherpe will be sdtletl to your arxeatt, and you will be reapmside for peymem. If there is e mrtmbareNp fee for your actnun, the tee will cominue to be charged, [o the enem perminetl by law, unit the actwtm balance hea bean paid in full as defined above. 7. llekrg Yw AOaoua.YWr cam or accoun carrot be u.ea m eeaeetion w;m any memet pamaing varvaedee. e. Notice Abdul Eleabarie Gtaek Carrvarsitst. When you provide a dreck os peymem, you aufadze us dtlter to rue information from your duck to make a tiro-time dectradc turd trarofer from your bank ttccotatt or to process the peymem as a check treroac[Im. When vve use information from your check to make an electronic IoM trarufer, TuMa may be withdrawn from ywr bank accourn as soon as the acme tley vre receive your peymem, eM you will rot receive your cheek beck from your firondal irwtituian. BILLING RIGHTS SUMMARY Iln Case Of Errors Or Otretirrta About Your Bill) If you 1Nnk ywr bgl Ia versa, or if you need more information m a lrerteection or bat, write to us on e separate sheet as soon as peai6le at the address for irtgedes shown m the trrm o1 ties tttatemem. We moat beer from rc later than 80 des abet vve aem the first bill ~wiach the error or prod~ent appeared. Yau~can call our Customer Rdniorre amber, brrt doing ao veto not preserve your rights. In your laver, give a Uie fdlowing intortnation: your rams ant steam number, the ddlar amour of the suspected error, a rbacdption of the ertor and an e>rdanatlm, 11 posslde, of why you befleve there is an errer, or it you need more information, a tbacdp[ion of the item you are coots ebea. You tlo not have to pay arty mourn in tireatim while we are invea[igating it, bu you re still odigated ro pay fro parts of your bill that are rot b quertim. WNb vve invesagne your question, we cerrtot repon you as degrpuerrt or take any aMlon 10 colloct the amorm you question. i,t Spedal Rae For Crerfit Card Purchaaea If you have s problem with the quelhy of property or services that you purchased wim a credt mm ant you have tnetl in gmd tahh to corrln:t the problem with the merchem, you may Mve the dgM not to pay the remaireng mom due on the property or service. You have tMa prctectim ody when the purdreae pdce wee more than 150.00 ant the purchase was made in your home sure or within f 00 miles of your mailirq address. (It we own or operate the merrham, or If we mailed you the advertiaemern to the properly or invite, all Wrduxa are covered regerrflex of amoutt or Ixetion of Wrchex.) Pleax remember to sign dl correspondence. t Does trot apply ro consumer rron-cradlt card scwrnn I Goes rwf apply to business aoa-credit car0 accounts Capirol Otte supports infomation pdvscy protacdon: xe our webate et www.cepiteloro.com. Capital One is a federally registered service mark of Gphal Ore Frondal Corporation. All rams reaervetl. a 2003 Gdtal One 01 LGLBAK ta. tiraee Period. You will have a minimum grace pedM of 25 days wither fironce therya purchases, new balarae trarofen, new apedd purdreaes and new other durgea if you pay your total 'New Balance', in accomerrce wim the knportem Nodce for paymans below, and in time for h to be cro6[ed by your nen taatemem dosing tlate. Thera is na gram pedod on cash stlvarttxs and apadal trerofere. In etlrfition, there is no grace pedod on any trerractim if you do rat pay the tool 'New balance.' b. AasraYq Fkrarrw Chugs. Tmrroaetbro wNdr are not from the date rof theetrenuction or 2~hwn the date the) traroeMion is procesxd to your Account or 31 fran the firth celender day of the cerrertt Nllirg pedotl. Addhieully, if you tlitl rot PeY the 'New fialance' from tree previous dpirg pedad In lull, flrorrce cftarges tzattlrate to atxrce to your unpaid balance nail the urpeitl 6darce is paid in tdl. TNa means tNt you mayy rtlll owe finance cMrga, even if you pay [he eMre New Balance indimted on the front of your natemem by the ran statemern dosing date, bur did not dD x for Mre previous momh. Urpeid finance charges ere addetl to the apolmde xpntm of your Aceorm. t c. Xlritkrean F tlraga. far each Mllirg pedod that your accoum is R6jeM to a fsurce charge, a mirdmun torsi RNANCE CHARGE of 10.50 will be impoxd. If the torsi finance Burge renXdrg tram the application of your penMic rate(s) is leas tNn 50.50, we will atbtract that amours fran the 50.50 midmun ant flu difleronce will be billed to the purcftax xpnwn Of your accent. t d. TettQvary Rairelien in Firrea uWs. We reserve the ~M to not assess any ar all firorce durga for any given MYIng ppeeriod. 2. Avrage OW 8abrta Ikmkrdkq Now Rrtthasasl. a. Hrorrce rhaga Is mlcUtnetl bV mtYnDlyirq me daily belarce of each xQrrern m your aceaatt le.g., cesh advance, purdux, apetld traroter, eM apedal purchexl by the correaporWirg daily padodc ntels) that toe been previously tlkdoeed m you. At the ertd of each day dudng tfa billing pedod, vve apply the daily parodic rate for each xlXnrm of your aceotm m the dally Wlarrx of each xgmem. Than et the end of the 6tllinp pedod, we add up the rebate of mac deny celculatioro to ardve et your pedodic firorae charge for each xgmem. We add up the reacts tram each segment to ardve at the tool penodc flrortce charge for your acedaa. To get ttte daaYY ba~lance for 88Ch aag111anI of yWr BCCOUrtt, yIe lekE ilia mpnNrg bnlarce for each aegmem ant add any mw trartxMieta M any pedo3c firurtce dirge celwlated on the previous day's balance for tNt segmem. We tfan aublraM any paymenn or ereav pored ea of that day mat are allocated to that xgmem. TNS give its tfte saperete logy balance for each aegnem of your accent. However, if you paid the New BNarce shown m your Droviau atmemem in fat for if your cew belerce was zero or a credit emouml, mw trarosctioro which post to your purchase or apedal purchase xgmems are rat added to ttte logy balance. We celcaate lire average tlally balance by atldng all the dally balercea togetfrer ant dividnp the sun by the number of the days In the venters Nllirg cycle. To celcaete your total finance dirge, multidY Your average daily bderce by the daily pedo3c refs ant y the nanber of days in the billing pedod. Due to rout6rq on a daily heats, there may ce e sllgfa vadartce between 1Na mlcaatlrn ant the amour of firorr:e durpe aMUdly asaeasN. h. It tta: code Z or N appears m tta hoot of this sntement ran to 'Balance Bate Applied To,' we matiply the Irrpetant Notes: Paymerna you mall re us will ce cre6ted to your accerm as of the business day vve recdve h, pmvitletl 111 you sent the honor portion of tits rtetemrm ant your check ' the errdeetl remittance envelope ant l21 your peymem is received in our pnaenirp miner Dy 3 p.m. ET n 2 noon PTI. Please allow at teat flue 151 buslrres days for pond Odlvery. Paymerna received by ua M any odter location or in any mbar form may rat be credited as of the clayy receive them. Our brzaineas days era Monday through Saturday, exdudrg hditleys. Pleex tlo not use staple, paper dips dc. wfren prepadrg your paymem. When you sent e a tlackla), you eudadze ve to make sore-time dactronic trenster tlelit from your bank account tin the amoum of the dieck This euhorizalion apdia to aX checks recdved during the billing cycle even if xm by aomeare dx. If we mmm process the trareter, you auhorize ue to make a charge againn your bank accetm umrtg the check, a paper tlrah or mbar item. 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 unsworn falsification to authorities, that he/she is, MARITZA ROBERTS, 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 aze true and correct to the best of his/her knowledge, information and belief. r ~~ ~~~ MARITZA ROBERTS Notary Public ,4"P,- ~ `.~R ;.,rigs' ~+7 i=--a ro~i -~~ c ~'`.`3'Y ~i~~~r~~1 ~.~~ ~~ ~~ '~~_~ , 4862362161737005 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~-~ ~' C7 < '-~ ~ .._ ~ # ~ , -- ~ ~ ~ _ ~ r. "; _-- ' A Z ,~ , ~ p -'P' , 00 ~ '.. O ~ ~ t t -,. 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, COMPLAINT IN CIVIL ACTION Plaintiff v. VICKIE D. MEROVICH, Defendant 1. Admitted. 2. Admitted. 3. Denied. No. 07-4199 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 19.800% per annum as the interest rate is usurious and was never agreed to by Defendant. It is illegal. 7. Denied. R spectfully submitted, Vickie D. Merovich Pro Se 591 Geneva Drive, Apt. 3 Mechanicsburg, PA 17055 ~ - o -..: d ~n ~ C;, m r, , ~,. ~ _ ~._ ~.~ ~ ~ C!J ~r .r ~ ,UQ c ~f: ~ .L ~ r ( ~ (`_ Q ~~ ~ .t ,~-,+f SHERIFF'S RETURN - REGULAR CASE N0: 2007-04199 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MEROVICH VICKIE D MEGAN HARLOW 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 by handing to VICKIE MEROVICH 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: So Answers: Docketing 18 .0 0 ~~~~ Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 F~xg~v~ ~ `~ 38.56 07/20/2007 WELTMAN WEINBERG REIS Sworn and Subscibed to By: /~ before me this day Deput Sheriff of A.D. 'J ~ ~ ~ ~" 1~6U~' '' f'" 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. VICKIE D MEROVICH Defendant No.07-4199-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#5912869 ,' 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. VICKIE D MEROVICH Defendant Civil Action No. 07-4199-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Vickie D Merovich, in the amount of $3451.32 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attc WV~ n ~.unvrru By: ~ Yl~~'" Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-4199-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 $3451.32 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 $3451.32 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 $3451.32 plus continuing interest thereon at the rate of 6.0% per annum from date of judgment and costs. 3. 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) $115.00 due by 2/ 15/08; (b) $115.00 due on the 15TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4 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 zct 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. 9. Intending to be legally bound, the parties set their hands and seals thi~ /day of~~~' 20 ~ 7~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: ,~ James C. odt, Esquire PA I.D. #4 24 WELT INBERG & REIS CO., L.P.A. 1400 K pers uilding 436 Se enth enue Pittsb gh, 15219 ( 12) 4-7955 No. 5912869 By: Defendant, Vickie D Merovich ~- ~ ~ ~ ~~ ,. 4c~'~°.~ ~~ (a ~ ~ ~ r-~ai? r• ~ ~ _ iZ,a r- rr-; W ~ za{wv ~ ~ D a~ ~ ~~ ~ C~~ } ~~ --~ ,~ ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-4199-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 Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $3451.32 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 ONOTARY E TY)