HomeMy WebLinkAbout07-6853IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK --
Plaintiff No: DI- W3 Civ -T; :r
vs.
COMPLAINT IN CIVIL ACTION
MICHAEL P ZLOGAR
Defendant 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
06215969 C N Pit BNT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No
MICHAEL P ZLOGAR
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:
MICHAEL P ZLOGAR
6270 HAYDON CT
MECHANICSBURG, PA 17050
3. Defendant applied for and received a credit card bearing the
account number 4862362590955012 .
4. Defendant made use of said credit card and has a current balance
due of $2110.58 , as of October 12, 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
28.4900 per annum on the unpaid balance from October 12, 2007 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "111 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 , MICHAEL P ZLOGAR , INDIVIDUALLY , in the amount of
$2110.58 with continuing interest thereon at the rate of 28.490% per
annum from October 12, 2007 plus costs.
James Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 )bu nth Avenue, Suite 2718
Pit gh, PA 15219
(41 4-7955
F -338-7130
06 15 C N Pit BNT
This law firm is a debt collector atting to collect this debt for
our client and any information obtai d will be used for that purpose.
w
I
lOnea
PLATINUM VISA ACCOUNT
4862-3625-9095-5012
MAY 24 - JUN 23, 2006
Page 1 of 1
Account Summary Payments, Credits and Adjustments
Previous Balance $1,468.82
Paymeata, Credits and Adjuatmeuts 00
Transactions $35.00
Finance Charges $35.96
New Balance $1,539.78
Minimum Amount Due $1,539.78
Payment Due Date July 22, 2006
Total Credit Line $1,000
Total Available Credit $.00
Credit Line for Caah $1,000
Available Credit for Cash $.00
Atyoursuvice
To nB Cud- R&tkm, or to rVort a lost er.tolm m&
1-800-903-3637
Seadpaymmuto. Send lnqvuisft
Ann, Rrmitnooe Prommins
Capitai one Bank Capiw oft
P.O. Ba 79=6 P.O. Bur 30285
St Law, MO 63179-0216 SLC, Vi 8413""
1niortant Account Information
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EXHIBIT
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CASH coo .0788.5%P 2&49% &00
ANNUAL PERCENTAGE RATE applied this Period 28.49%
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V PLEASE RETURN PORTION BELOW WITH PAYMENT V
:aPffalow 0000000 0 4862362590955012 23 1539780080001539783
New Balance (1.539.78
Minimum Amount Due $1,539.78
Payment Due Date July 22, 2006
Total endowd $ ?1
Aocoaot Number. 4862-3625-9095-5012
Transactions
1 23 JUN PAST DUE FEE $35.00
You were mewed a put due fee of $35.00 on 06/23/2006 beauae your minimum payment was not
received by the due date of 06/23/2006. To avid this fee in the future, we recommend that you
allow at least 7 business days for your payment to reach Capital One.
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#9017530773827066# MAIL ID NUMBER
Capital One Bank f? MICHAEL P ZLOGAR
P.O. sox 790216 1111111118111111111111 a, 6270 HAYDON CT
St. Louis, MO 63179-0216 o MECHANICSBURG PA 17050-8104
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PeopleK is ad* respona6le for to offer, and a not aAieled with Capital One. Capita One Cosa not ponds, tualone a
yuwantse, and is rot aflikaled wNK any product or service **an hers Any trrdenrrka rna Bored herein are adely owned by
the respat1he amgy All dglge reeved By rssporhdng to xis offs, you may be com umooling mfornation so= youedF to
the company that provide ilke product - for eaenpk, the you am a Capital One oastaeec
'PecplelIC Accelerated Fund 3 mwft of service are billed in 54.97 a momh, W95 a mash VWWRK. 12-monlh
cornminhent retuned for PoMW Accelerated. Abmh-tD-Month pug With no term commitment is $14.95 for PeopkPC
Aaxlerated; Sa95 for Peq*K Online willwi t acceleratatechndoW Offer ain leble to we 6" strbeaiers at least 18
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tYaor PeoplePC Collins AccebrkW, certain Cur page tied and graphics YM load faster when compared to standard dial-up
Internet service. Athol mauk may vary . Service not will a in d amore. Access teal, taxes and other fee and misndwis
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02805 PecpleloC Inc. PeopbPC Online, and the PeoplePC Logo are negateied nadernarla of PeoPIePC, Inc- %demand; am
lomperee of thir respective owners. All Rights PWierwd.
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apply, aver dung alai peoode, You am mom" for date n initg VMdw a ail to one of au acoem numhem will mat in
telephone roll diverge. Accuse may be limited, saw* drgtg tam of past usage Did-up numbers may he changed d
PeopbPCS tiix ,11, 1. Cort nucam tae abject to tensed Woadaec N use is aged to PeopaPC OnineS Services
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0 2006 Capital One SwAme, Inc Capital One is a federally moamed f nice mark AN Vela marvel
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4-- _ -
VERIFICATION
CAPITAL ONE BANK
vs
ZLOGAR, MICHAEL P
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn
falsification to authorities, that he/she is, DUDLEY TURNER, 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.
Notary Public
4862362590955012
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
UDLEY
: w. _?
07
Request for Military Status
Department of Defense Manpower Data Center
ID Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
OCT-23-2007 04:19:10
'K Last Name First/Middle Begin Date Active Duty Status Service/Agency
ZLOGAR MICHAEL Based on the information you have furnished, the DMDC does not possess any information indicating that the
individual is currently on active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided,
the above is the current status of the individual as to all branches of the Military.
lot jj4, A?M_
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and
Eligibility Reporting System (DEERS) database which-is the official source of data on eligibility for military medical care and other eligibility
systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA)
(formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information
indicating that the individual is currently on active duty'" . responses, and has experienced a small error rate. In the event the individual referenced
above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" U$L provided below. If you have evidence the person is on active-duty and you fail to obtain this
additional Military Service verification, provisions of the SCRA may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request
again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq/?is/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an
erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:ZWMKOYDLER
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/23/2007
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06853 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
ZLOGAR MICHAEL P
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
7T_(l(1TD MTrTJALT. D the
DEFENDANT , at 1602:00 HOURS, on the 6th day of December-, 2007
at 6270 HAYDON COURT
MECHANICSBURG, PA 17050 by handing to
RICHARD ZLOGAR
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
>z/f?/ol 9-
18.00
11.52
.00
10.00
.00
39.52
So Answers:
R. Thomas Kline
12/07/2007
WELTMAN i.TTnTTTBERG DENS
Sworn and Subscibed to By:
before me this day
of A.D.
rt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
MICHAEL P ZLOGAR
Defendant
No. 07-6853 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06215969
Judgment Amount S 2359.34
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
;r' 66
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No. 07-6853 CIVIL TERM
MICHAEL P ZLOGAR
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, MICHAEL P ZLOGAR above named, in the default of an
Answer, in the amount of $2359.34 computed as follows:
Amount claimed in Complaint
$2110.58
Interest from 10/12/07 to 03/11/08
at the legal interest rate of 28.490% per annum $248.76
TOTAL
$2359.34
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
WILLIAM T. MOLC?KN, ESQUIRE
PA I.D.#47437 ??//
Weltman, Weinberg & Reis Co., L.P.A
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06215969
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 6270 HAYDON CT
MECHANICSBURG,PA 17050
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Case no: 07-6853 CIVIL TERM
Plaintiff
vs.
MICHAEL P ZLOGAR
Defendant
NON-MILITARY AFFIDAVIT
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MICHAEL P
ZLOGAR is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (DMDC), which states that the Defendant, MICHAEL P ZLOGAR is not in the military service.
Further Affiant sayeth naught.
AFFIANT
of
AND SUBSCRIBED in my presence this /,,?%y
NOT
r?:y
C-i
This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be
used for that purpose.
,. IL
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff Case #0 -1 -(o??'J C iUiL ltl??"1
MICHAEL P ZLOGAR
Defendant(s)
IMPORTANT NOTICE
TO: MICHAEL P ZLOGAR
6270 HAYDON CT
MECHANICSBURG,PA 17050
?
Date of Notice:
WWR#: 06215969
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
BY: iv'J1µa-ri t?x??QvtN?'?-
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
R-;quest for Military Status
Department of Defense Manpower Data Center
Aak Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
OCT-23-2007 04:19:10
Last Name First/Middle Begin Date
I Active Duty Status
Service/Agency
ZLOGAR MICHAEL Based on the information you have furnished, the DMDC does not possess any information indicating that the
individual is currently on active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided,
the above is the current status of the individual as to all branches of the Military.
V, 6
, it
y6t 101 0144, D??
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and
Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility
systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq) (SCRA)
(formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information
indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced
above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this
additional Military Service verification, provisions of the SCRA may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request
again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact.
See: hM://www.defeiiselink.mil/faq/nis/PC09SLDR html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an
erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:ZWMKOYDLER
h4s://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/23/2007
0 -61-
00
rb
4.1 :?
r w
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 07-6853 CIVIL TERM
MICHAEL P ZLOGAR
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 /q
(xx) Assumpsit Judgment in the amount
of $2359.34 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspended by the Department of Transportation, Bureau
of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
41e: W17Z
PR HONOT R PUTY)
MICHAEL P ZLOGAR
6270 HAYDON CT
MECHANICSBURG,PA 17050
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219
1-888-434-0085