HomeMy WebLinkAbout08-5901406
Our Fife No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08- 5qD1 C'tvi I -Fcrm
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
r.
Our Fire No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C.,
520 Fellowship Road C306, Mount Laurel, NJ 08054.
2. Defendant(s) is/are VICKIE MEROVICH, an adult individual residing at 591 GENEVA DR
APT 3 MECHANICSBURG, PA 17055.
3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in
Interest of Account #4185863051761468; and said account was issued to Defendant(s) by WASHINGTON
MUTUAL BANK, the Original creditor.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $7,291.85. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
w
,7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$7,291.85 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKEj A OCUTES, P.C.
Atto f Plaintiff
A Law Firm E d in Debt Co6ctioi
BY:
David J.[A othaker, Esquire
Dated: 9/24/2008
Our File No.: 182422
VERIFICATION
David J. Apothaker Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 P&C.S.A. 4904 relating un worn falsification to authorities.
David J. Apc
Attorney
DATE: 9/24/2008
PORTFOLIO RECOVERY ASSOCIATES, LLC
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
STATEMENT OF ACCOUNT
Debtor's Name: VICKIE MEROVICH
Account Number: 4185863051761468
Original Creditor: WASHINGTON MUTUAL BANK
Balance Due: $7,291.85
Our File No.: 182422
EXHIBIT "A"
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CASE NO: 2008-05901 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PORTFOLIO RECOVERY ASSOCIATES
VS
MEROVICH VICKIE
RONALD HOOVER
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 the
DEFENDANT
at 1907:00 HOURS, on the 20th day of October , 2008
at 591 GENEVA DR
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 18.00
Service 22.00
Affidavit .00
Surcharge 10.00
/n/d'I Jb 8 00
50.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/21/2008
APOTHAKER & ASSOCIATES
By: £?/
eputy Sheriff
of A. D.
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROA C306
MOUNT LAUREL, NJ 08054, :
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY
NO. 08-5901 CIVIL TERM
NOTICE TO PLEAD
To: David J. Apothaker, Esquire
You are hereby notified to file a written response to the enclosed Defendant's
Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a
judgment may be entered against you.
/?
Date
Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
Eric J. Wiener, Esquire
LAW OFFICES OF ERIC J. WIENER LLC
Attorney ID # 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
Attorney for Defendant
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROA C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY
NO. 08-5901 CIVIL TERM
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW COMES Defendant by and through the Law Offices of Eric J. Wiener LLC
and files Preliminary Objections to Plaintiff's Complaint and in support of those Preliminary
Objections and avers as follows:
1. On or about October 3, 2008 Plaintiff filed a complaint in the above matter.
2. Plaintiff alleges that it is an Assignee and Successor in Interest to Account
#4185863051761468 issued to Defendant by Washington Mutual Bank but did not
attach any evidence of such assignment.
3. Plaintiff attaches as an exhibit a "Statement of Account" showing a balance due,
however, fails to attach a Statement of Account showing how that amount was
calculated.
4. Paragraph 6 alleges that all credits have been applied to the account, however, fails to
attach any Statement of Account showing any credits to the account as well as the
origin or the account.
5. Plaintiff has the verification signed by David J. Apothaker as Attorney for Plaintiff,
however, fails to attach a verification by Plaintiff as to the averments contained in the
Complaint.
PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF
A PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURES 1028 (a)(4)
6. Plaintiff alleges a Statement of Account but attaches no documentation showing such
an account nor any assignment of the account.
7. Plaintiff has not asserted how Defendant has breached any duty nor how any account
existed between Plaintiff and Defendant or Washington Mutual Bank.
8. Plaintiff's conclusory statements do not exhibit any obligation nor failure on the part
of Defendant to fulfill any contractual duty nor the existence of any contract to do so.
WHEREFORE, Defendant respectfully requests this Court grant a demur on the claim of
Defendant as Defendant has not pled any duty nor breach of a duty as well as any contractual
2
duty of any sort to any entity. That Plaintiff's Complaint be dismissed with costs awarded to
Defendant.
I / 0111,
Date
Respectfully submitted:
LAW
J. WIENER LLC
Eric J. Wiener, Esquire
Attorney ID #18046
2515 North Front Street
Harrisburg, PA 17110
717-909-9999
717-909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
VERIFICATION
I, Vickie Merovich, hereby verify that the statements made in the foregoing Preliminary
Objections to Plaintiff Complaint are true and correct to the best of my knowledge, information
and belief. I understand that the statements in the foregoing document are made subject to the
penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities.
11 s??
Date
4
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY
520 FELLOWSHIP ROA C306
MOUNT LAUREL, NJ 08054, NO. 08-5901 CIVIL TERM
PLAINTIFF
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that
I served the foregoing Preliminary Objections to Plaintiff Complaint by placing a true and
correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows:
David J. Apothaker, Esquire
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
// 90-1
Date
Connie Bright, Office ger
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Our File No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800)672-0215'
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
Our File No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-02151
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
AMENDED COMPLAINT
FIRST COUNT
1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company with its principal place
of business located at 140 Corporate Blvd., Norfolk, VA 23502.
2. Defendant is VICKIE MEROVICH, an adult individual residing at 591 GENEVA DR APT 3
MECHANICSBURG, PA 17055.
3. Defendant applied for and received a credit card from WASHINGTON MUTUAL BANK
account number 4185863051761468.
4. Defendant used the credit card, account number 4185863051761468, and as of November 06, 2008
there was an outstanding balance due and owing in the amount of $7,291.85.
5. Plaintiff purchased this account and presently owns and holds this account.
6. When Plaintiff purchased this account there was an outstanding balance due and owing of
$7,291.85. Attached hereto as Exhibit "A" is the Statement.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$7,291.85 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in Debt Collection
BY:
imb rl F. Scian, Esqui "re
Dated: 11 /25/2008
Our File No.: 182422
VERIFICATION
Kimberly F. Sian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities.
Kfmb?rly/F. Scian, Esquire
Attorney or Plaintiff
DATE: 11/25/2008
Our File No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215'
Attorneys for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
VS.
Plaintiff,
VICKIE MEROVICH
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
CERTIFICATION OF SERVICE
I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 11/25/2008, I mailed a copy of the
Amended Complaint by Regular mail to
ERIC J WIENER, ESQUIRE
2515 N FRONT STREET
HARRISBURG, PA 17110
Date: 11/25/2008
Kiragerly F. Scian, Esquire
Attome for Plaintiff
Our File No.: 182422
PAYMENT MINIMUM BALANCE AS OF ACCOUNT
•
DUE DATE PAYMENT
11@112005 NUMBER
P.o. a.. 660486. Dears. Tx 7 5286-013 3 t2/11U0s 51,210.00 55,601.28 4185-8630-51761468
kdieer ChW W of Atlanta solo. (uta duo or beck ill)
AMDUNT ENCLOSED (uta Wuo or beck iMc)
Addr : Aat
s?????
a?
Cky: Suns•
M: Lo: .
H-PM,w: yye,k Pne,,.; N Make Checks Payable to Washington Mutual
OOD
E-Ild:
WASHINGTON MUTUAL CARD SERVICES VICKIE MEROVICH n573
P.O. BOX 660487 124 TWIN HILLS RD APT 10
DALLAS TX 75266-0487 DILLSBURG PA 17019-9489
4185863051761468 0121000 0560428 0013200 20
DETACH HERE
C COLR9901 6092 0166 B" 7 051121 Pap 1 of 1 N 000 71573
Important Messages
YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with
the overlimit amount immediately or call us at 1-800.280.9441.
Account Summary
1111,1111 NMI 11120M
Statement Date 11/21/05 Crocks 8 Payments
$0.00
e Credit Una $4,500.00 Cash Advances + $0.00
- -
Avail" Crack for Cash Advanoes as of 11/21/05 $0.00 NEW BALANCE - $5,604.28
- - till
F-i
Transactions
Tran Post
Date Date Description Reference Number _ Amount
Nov 17 Nov 17 LATE PAYMENT CHARGE 0000 .00
FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE
Balance Category
Average Daily Periodic Annual % Finance Grace
Daily Balance Rate Rate (APR) Charges Terms
Standard Purchase - Current Cycle $2,712.08 .0787%- 28.74%. $68.30 Tenn A
Standard Cash - Current Cycle $266.04 .0822%' 29.99%- $7.00 Term B
Balance Tran/Promo Offer - Current Cycle $2,521.03 .0794%• 28.99%' $64.05 Term B
ANNUAL PERCENTAGE RATE this billina cvole: 30.40% 'These rates may vary.
For 24-hour Automated Aaoount Information, please call 1-800-280-0561 or visit us at www.providian.com
Your account is issued by Washington Mutual Bank, Henderson, NV.
33976 (03/07)
NMN0002
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PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054, :
PLAINTIFF
NO. 08-5901 CIVIL TERM
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
NOTICE TO PLEAD
To: David J. Anothaker, Esquire
You are hereby notified to file a written response to the enclosed Preliminary Objections
to Plaintiff s Amended Complaint within twenty (20) days from service hereof or a judgment
may be entered against you.
Date
Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
W
Eric J. Wiener, Esquire
LAW OFFICES OF ERIC J. WIENER LLC
Attorney ID #18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
Attorney for Defendant
PORTFOLIO RECOVERY ASSOCIATES, LLC : COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054, :
NO. 08-5901 CIVIL TERM
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055, :
DEFENDANT.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES Defendant by and through the Law Offices of Eric J. Wiener LLC
and files Preliminary Objections to Plaintiffs Amended Complaint and in support of those
Preliminary Objections and avers as follows:
1. On or about November 26, 2008 Plaintiff filed an amended complaint which was
received by Defendant's counsel on December 1, 2008.
2. Plaintiff alleges that Defendant applied for and received a credit card from
Washington Mutual Bank Account #4185863051761468, however, has not provided
any proof of said application for an account.
3. Plaintiff attaches as Exhibit A statements showing an outstanding balance of
$7,291.85. However, Exhibit A is an attachment of an account showing balance due
of $5,604.28 as opposed to what is averred in the complaint. Plaintiff alleges that it
purchased the account and owns and holds the account, but, however, fails to provide
any document that shows or proves the allegations that the account was in fact
purchased.
4. Plaintiff alleges that when the account was purchased there was an outstanding
balance of $7,291.00 again contrary to Exhibit A and contrary to the averments in the
first complaint.
PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF
A PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(4)
5. Plaintiff has not asserted how Defendant has breached any duty nor any proof that the
account was applied for and existed nor any proof of purchase of the aforementioned
account by Plaintiff from Washington Mutual Bank.
6. Plaintiff's conclusory statements do not exhibit any objection nor failure on the part
of Defendant to fulfill any contractual duty nor the existence of any contract to do so.
WHEREFORE, Defendant respectfully requests this Court grant a demurrer on the claim
of Defendant as Defendant has not pled any duty nor breach of a duty as well as any contractual
2
duty of any sort to any entity. That Plaintiff's Complaint be dismissed with costs awarded to
Defendant.
Date
Respectfully submitted:
LAW OFFICES OF ERIC J. WIENER LLC
Eric J. Wiener, Esquire
Attorney ID # 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
VERIFICATION
I, Vickie Merovich, hereby verify that the statements made in the foregoing Preliminary
Objections to Plaintiff Amended Complaint are true and correct to the best of my knowledge,
information and belief. I understand that the statements in the foregoing document are made
subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities.
1?1 0! V-A_..
Date
R
{
Vi ie Merovich 1
E 4,
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054, :
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that
I served the foregoing Preliminary Objections to Plaintiff Amended Complaint by placing a
true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as
follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Date
Connie Bright,
Ci? era ?
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s. _
a
CO
if
W.
Our File No.: 182422
APOTHAKER'& ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney, for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
41 IL
Our File No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PORTFOLIO RECOVERY )
ASSOCIATES, LLC }
c/o Apothaker & Associates, P.C. )
520 Fellowship Road C306 )
Mount Laurel, NJ 08054 )
Plaintiff, )
VS. )
VICKIE MEROVICH )
591 GENEVA DR APT 3 )
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
AMENDED COMPLAINT
FIRST COUNT
1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company with its principal place
of business located at 140 Corporate Blvd., Norfolk, VA 23502.
2. Defendant is VICKIE MEROVICH, an adult individual residing at 591 GENEVA DR APT 3
MECHANICSBURG, PA 17055.
3. Defendant applied for and received a credit card from WASHINGTON MUTUAL BANK
account number 4185863051761468.
4. Defendant used the credit card, account number 4185863051761468, and as of November 06, 2008
there was an outstanding balance due and owing in the amount of $7,291.85.
5. Plaintiff purchased this account and presently owns and holds this account.
6. When Plaintiff purchased this account there was an outstanding balance due and owing of
$7,291.85. Attached hereto as Exhibit "A" are the Statements.
.f4k?
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$7,291.85 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
x Attorney for Plaintiff
A Law Firm Engaged in Debt Collection
m?
Ki ly F. Scian, Esquire
Dated: 2/23/2009
Our File No.: 182422
t 14-
VERIFICATION
Kimberly F. Scian Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to
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take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities.
? F. Scian, Esquire
for Plaintiff
DATE: 2/23/2009
P.O. On 100193, 091M TX 7621604"
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WASHINGTON MUTUAL CARD SERVICES
P.O. BOX 830437
DALLAS TX 75266-0487
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PAYMENT MINIMUM BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 11=211" NUMBER
t2naN5 =7,2tooo ?? 41858880.517E-1E68
AMOUNT ENCLOMEO Iuao bbe w MOeb NA)
N Make Chocks Payable to WashhMM MuluM
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MCKIE MEROVICH 71x73
124 TWIN HILLS RD APT 10
DILLSBURG PA 17(019.9469
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4385863053761468 0121000 0560428 0013200 20
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YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Places, pay the minimum paymsrd liked above ebnp with
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the ovwlimit amount immadialaiy or ad us, at 1.800.2804!441.
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m Aocmatt 8ureanry
BteNment Dee 11/21/05 Cmx% i P wft $0.00
mm Ova Line $4,500.00 Cash Advalwee + $0.00
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Availahe Credit for Cash Advanoes as of 11/21/05 $0.00 NEW BALANCE ¦ $5,804.28
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Nov 17 Nov 17 LATE PAYMENT ONAROE 0000 ,00
FOR BILL NG ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE
Saw" Cateawy
Average Daily Perk Annual % FMlalwe arms
pally Baetloe Rate Rae (APR) CAarpee Twrtls
Standard Purchase - CurroM Cycle $2,712.08 .0787%' 28.74%1 $68.30 Term A
Standard Cash - CumerN Cycle $266.04 .0822% 29.99% $7.00 Term 8
Balance TranWronlo Offer - O weM Cycle $2,521.03 .0794%' 28.99%1 $64.05 Term B
ANNUAL PERCENTAGE RATE this biting cycle: 30.40% `These rates new vwv.
For 24-hour Automated AoaouM InformeMon, peeve o01400,280-0561 or visit IN at 0ww4r0vidlan.ooat
Your account Is Issued by Washington Mutual Bard; alendsraon, NV.
33976(03AM
NMN0002
PAYk61T MINIMUM BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 11x1 mm NUMER
P.Q Box ON33, 02M. TX 7086-MM 12/tONa =1.210.00 Ss ew.28 41854MM-51 76-146Q
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P.O. BOX 580187 124 THAN HILLS RD APT 10
DALLAS TX 75266.0487 DILLSBURG PA 17019-9489
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f 5,804.E
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Deal Data RefanuLw Number
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FOR BILLING ERRORS AND NPORTANT INFORMATION, SEE REVERSE SIDE.
Balance Category
Avenge Dilly Periodic Annual % F nrtoe Greer
Daily Balance Rite RAM (APR) Chwom Terms
StwKlard Purchase - Currant Cyok $2,712.08 .0787%• 28.74%• $68.30 Term A
Slandard Cash - Culvert Cyah $258.04 .0822%1 29.99%' $7.00 Term 8
Balance TmVPrOm OBer - Current Oyate $2,521.03 .0794%• 28.99%• $84.05 Tenn 8
ANNUAL PERCENTAGE RATE this billing cycle: 80.40% •Thas robs may var.
For 2+ho r Auu m "d Aooourd Inlorma8on, Pleaes call 1400.280.0681 or vhS us at Worts fnovldian mm
your atxolRrt Is issued by Washington Mutual Bank, Nendsraon, NV.
33976roAI?)
NMN0002
PAYMENT MUM= BALANCE AS OF ACCOUNT
DUE DATE PAYMENT MPAUM NUMBER
P.a Box NOU9.Bese, 7X TSM844M 02114iA9 =199.OD t1,41l.1e 4185418"79-14U
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P.O. BOX 580497 VPWE MEROVICH 74116
200 ROBSON RD
DALLAS TX 75266.0487 DILL.8BURG PA 17019-8818
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FOR BILLING ERRORS AND MIPORTANT INFORMATION, BEE REVERSE 81pE
0000 194.
6842 1801
AV"o Daly Pwbdle Annual % Fbw Grace
Dolly Barnes Rate ROD (APR) Charges Terms
Stwwlwd Ptrchsse - Curren( Cycle $2,146.94 .0493%' 17.99%• $31.75 Torn A
Standard Goth - Owrent Cycle $135.45 .11685W 24.99%' $2.78 Tenn 8
Sdrma TrwVPmnm Otter - Currant Cycle =20205.36 .0483%' 17.89%' $32.62 Terra B
ANNUAL PERCENTAGE RATE #* biln0 cycle' 17 89'X. •Thue ralae may vary.
For 24-hour AhAwn&W Aooowd khlbrmsthon, pious call 1400400,0561 or wit us it www4wavldlen corn
Your aboount Is ha wd by Provk%m NaBoral Bank, Tobn, NH.
33976(03107)
NMNOOD2
PAYMENT MINIMUM BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 07h012005 NUMBER
PJMOn4ror3s.Oaks. TX7UB"M OSA7AIS =13100 tr?111.a1 4185403"IM14"
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PROVIDUU4 PROCESSING SVCS. VIOME MEROVICH 711351
P.O. BOX 680407 200 ROBSON RD
DALLAS TX 75266.0187 DILLSBURG PA 17019-8919
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8latbnrerd Dala 02ft8l05 OnNal, ; P?133.00
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*"w3b dedt for Cash Advances as of 02H8106 $88.00 NEW BALANCE _ =4,411.41
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FOR SILLB1G t RROIB AND BIPORTANT INFOH MATKK SEE REVERSE SIDE
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Average
Daly Balance DaOy Pawdb Annual %
Rste Rate (APR) Finance
Charges Graos
Terms
Standard Pwdrase - Cunard Cyob ;2092.19 .0500%• 18.24%• $30.34 Term A
Standard Cash - Current Oyde $147.49 .0692%• 25.24%• =2.96 TOM B
Bdenoe TnnlProrno Ofbr - Cwrent Cycle =2,205.74 .0500%• 18.24%• $31.96 Term a
ANNUAL PERCENTAGE RATE thb bift cycle: 2524% •Thess, Was msv vw.
For 244wLw Auwmabd Aooourd Inbrmaf+on. Ob ad 1400.280.0561 or wit us at www.provldlan.dom
Your account Is Issued by Pro Vldlarr -1 ", ai Bank, Mon, INK
33976(03A)7)
NMN0002
PAYMENT
DUE DATE MINIMUM BALANCE AS OF ACCOUNT
PAYMENT 0l1221Z003 NUMBER
PO. bw 6104M. 001M TX 752166W ?? S132 OD f4aMN.io 41854NN"174.14U
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P.O. BOX 660487
DALLAS TX 75266.0487 VICIGE IIMEROVICH 243461
200 R08SON RD
DILLSBURG PA 17019.8919
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418SB63051761468 0013200 0436610 0013300 20
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FOR BILLINQ ERRORS AND IMPORTANT BiFOR11AMN, SEE REVERSE SIDE.
BalBnoe Catpory
Aver"o Defy Pwlodb Amwal % Fiwnoe Gnoe
DaBv Bslanoe RNs Rap(APR) Chmmn Terns
Stwr Purchase - Cuffed Gyoe $2,063.88 .0500%' 18.24W $33.02 Term A
Standard Cash - Currant Cyole $176.86 .0892%' 25.24%' $3.92 Twm B
B"m TmW t m Offer - Cult Cycle =2,203.12 .0500%' 18.24%' 05.25 Term B
ANIMAL PERCENTAGE RATE We hBino cycle: 19.49% .-- rasa mw very
For 24-hour Aulrnaled Aocoud Inbrmatlon, pease call 1.800-280.OWI or visa us at wtw.providlm cm
Your aoooultt Is 1869W by Pravidlan National B81tk, Mon, NH.
33976 (03107)
Nt+ NWM
PAYMENT WNIW 1 BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 04M M WILMER
P.O. am own. Doom, TX 75mam 1S11aa5 =1x.00 t4,44t.tt 4185403"176-14U
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P.O. BOX 660487 200 ROBSON RD
DALLAS TX 75266.0467 DILLSBURt3PA 17019-WO
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a Orodk LM $4 .00 Cash Adwrmas ? $0.00
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- - Dolly Bdwm R111111 Rats (APR) Chwom Tare
Standard Purchase - (taut Cycle $2.123.15 .0507% 16.48% $U29 Tenn A
Standard Cash - Ctwwd Cycle $177.59 .0898%• 25.49%' $3.72 Term B
Balance TrwVPromo Ollw - Currant Cycle $2,20547 .0507%' 16.49%" $W.55 Term B
ANNUAL PERCENTAGE RATE this bilnD oyda: •18.52% *ThMe ralso may Yery
For 244xw Automated Account I dormabon, places call 1-800-290.0661 or vbit w at wow.proyidian oan
Year aooeunt Is bowed by PreAddfan NRYond Bank, Mon, NH.
33976 (03107)
NNIN0002
PAYMENT MINIMUM BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 06123PAM 1f1MBER
M an IM. Dabs. Tx 7e21e4r5:i OeHtvOS =274.00 ? 41854MOM79-14W
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PROVIDIAN PROCESSING SVCS. VICKIE MEROVICH n3ea
P.O. BOX 660!87 200 ROBSON RD
DALLAS TX 75266.0467 DILLSBURG PA 170194918
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4185863051761468 0027400 04642340013200 20
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YOUR AOCOUW 18 PAST DUE AND OVER ITS CREDIT LU T. Pleeae pay the minimum psynwR Oeled abcw Wong wit
On cov~ amoumt hroudately or cd us at 1-000.2808441.
Got mom tram your C" Lop in at www.providian.oan b sawn dacoinb, view your latest transactions and check your
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FOR BLUNG ERRORS AND IMPORTANT NFORMATKIN, SEE REVERSE SIDE
Average Dally Pabde Mewl % FWmnm Qrfos
Deft Bdaloe aisle Rfle UPRI Charges TNau
Staridand P ssa, - Cunrd Cyok $2,092.75 .0513%• 18.74W $34.36 Tom A
8tuWwd Cash - Curran) Cycle ;202.50 .0705W 25.74% $4.57 Term B
Balamoe TraNPmmo ORar - Cw wd Cyde $2,212.15 .0513%• 18.74W *X.31 Term a
ANNUAL PERCENTAGE RATE this bUm owls: 21.74% 'These eMes r aft vary.
For 24-hour Autwnded Aoooiwt InlonroM n, please ad 14I00.2800561 or visit to et www.provadnboam
Your sfoowd Is Naufd by Provldlm NoNoW Bmb, Mort, NK
33976 (03AT1)
NMN0002
PAYMENT MINIMUM BALANCE AS OF ACCOUNT
DUE DATE PAYMENT 07/2OrA05 NUMBER
ea Box OOO M, 021M Tx 7eaw 409 antes =1/700 yt as 7! 41864141/1 179-14416
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P.O. BOX 660487 124 TWIN HILLS RD APT 10
DALLAS TX 75266.0467 DILLSBLIRG PA 17019-9169
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YOUR ACCOUNT 18 PAST DUE AND OVER ITS CREDIT LIMIT. Pbae pat the minimum paymMt Mated above Yong wwh
lov No ovatvrdt emoted immedably or ad us at 1.800.280.9441.
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FOR BLLNq ERRORS AND 0111PORTANT 11410RMATICN; SEE REVERSE SIDE
BsMrroe Category
Average DeNy Palodto AfuwM % FbMrote
Gnoe
DOW Balance Rate Rsb YkM Charges Tames
Standard Pumhase - Cuoerd Cycles $$312.99 .0767%' 27.90%• $61.45 Tam A
SMmkrd Cash • Curran Cydo 111240.66 .0622%` 29.98%• 15.73 Tam B
BYrws TrwWmmo 001r - Currant Cydo =2,209.53 .0774V 28.24%• $51.39 Term B
ANNUAL PERCENTAGE RATE M b11% oyab: 26.30% •npp rda am Very.
For 24-ho- Automated Aooount Information, please oa11400-280.0581 or vb1 to d rwww*rovMlanA*m
Your account In leaved by Provldlm Natiatal Bind; Man, NN.
33976 (03107]
NMN0002
PAYMENT MMlala ll BALANCE AS OF ACCOUNT
DUE DATE PAYMENT aameri 6 NUMBER
P.O. GoK BOW, Da" TX 7S2M4)4l9 Oar1SA3 2710 OD NapM1 Ms 41iS4/670-b17b-/41St
' boars aww of Ades aoloe Om ter w bkmk60 AIFDUNT EMCLOBED Null lirathatW
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PROVIDIAN PROCESSING SVCS. VICKIE MEROVICH 193L3a
P.O. BOX 660497 124 TWIN HILLS RD APT 10
DALLAS TX 75266.0467 DILLSBURG PA 170194469
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the overlrnl amount immedst* or od w st 1-800.28OA441.
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AvdW* Cndl for Cash Advaaoes as of 08M 9A15 $0.00 NEW BALANCE $5,110 1.65
Treasaotlons
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Dab Dale Daaalagon Raterenoe Number Amotmt .0000 Aug 17 Aug 17 u PAVM 11T CHARGE .go
FOR BILLING ERRORS AND MWORTANT INFORMATION, BEE REVERSE SIDE.
Belenm Calpory
Average Daly Pedodle Annual % Finance Grace
Daly Bdh Rate Rate (APR) CMMees Terms
Standard Purohaae - Current Cyols $2,406.80 .0774%' 2624V s m.89 Term A
Standard Cash' Currant Cyde $246.46 .0022%' 29.99%' $6.08 Tenn a
Belanw TrarYPromo Offer - Current Cyd6 =2,342.63 .0781%* 20.49%' =54.89 Term a
ANNUAL PERCENTAGE RATE Mis billm ovde: 28.01% 'These rates mw van.
For 244=r Aulanded Account Information, pleue cell 1.800-260-0561 or vvnit us al wwr.providYn.cam
Your accourd IS Masud by PtovldIan Motional Bank, TM=, NN.
33976 (03/07)
NMN0002
PAYMENT
DUE DATE
PA. On OM M. BRIM TX 762U44M 10r17A1S
tnrats Cl mpof Ad6m Mdse pw Ma or bbd W
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MWMUM BALANCEASOF ACCOUNT
PAYMENT ofteAlks NUMBER
Is7em >ii?/011 4185483"i F14q
AaOUR ENCLOW (use bho or Had h*
N Maly Cheeks PAyaW to Provlwan
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PROVIDIAN PROCESSING SVCS. VICKIE MEROVICH 79µ
P.O. BOX 860487 124 TWIN HILLS RD APT 10
DALLAS TX752 -ow DILLSBURGPA 1701940489
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YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay tM mirvnurn payment fisted above dap wkh
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FOR MLLL40 ERRORS AND MPORTANT BdrOIMIATNIN 00
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BNrtoo CslsBmy
AverW Dally Parbdc Anrnml % FYanoa G7eAa
Dealt edema Re% Rata (APR) Charon Terms
Standard Pumhaw - Cowed Cycle $2,507.17 .0781%* 28.48%' ;82.86 Tam A
Sterdard Caah - Currant Cyo o $252.82 .0922%' 29.98%' $6.65 Term B
Balance TrallPmmo ORe - Current Cyde $2,400.24 .0707%• 28.74%' $60.45 Tam B
ANIMAL PERCENTAGE RATE this bTrrs cyclr 30.17% 'Thaw ralee may vary.
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Our File No.: 182422
APOTHAKER & ASSOCIATES, P.C.
BY: Kimberly F. Scian, Esquire
Attorney I.D.#55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attoineye for Plaintiff
PORTFOLIO RECOVERY )
ASSOCIATES, LLC )
Plaintiff, )
VS. )
VICKIE MEROVICH )
Defendant. )
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-5901
CERTIFICATION OF SERVICE
I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 2/23/2009, I mailed a copy of the
Amended Complaint by Regular mail to
ERIC J WIENER, ESQUIRE
2515 N FRONT ST
HARRISBURG, PA 17110
Date: 2/23/2009
IF. Scian, Esquire
for Plaintiff
Our File No.: 182422
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
NOTICE TO PLEAD
To: David J. Apothaker, Esquire
You are hereby notified to file a written response to the enclosed Preliminary Objections
to Plaintiff's Amended Complaint within twenty (20) days from service hereof or a judgment
may be entered against you.
?S
Date -Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
2
Eric J. Wiener, Esquire
LAW OFFICES OF ERIC J. WIENER LLC
Attorney ID #18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
Attorney for Defendant
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054,
NO. 08-5901 CIVIL TERM
PLAINTIFF
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES Defendant by and through the Law Offices of Eric J. Wiener LLC
and files Preliminary Objections to Plaintiffs Amended Complaint and in support of those
Preliminary Objections and avers as follows:
3
1. On or about February 23, 2009 Plaintiff filed an amended complaint for the second
time in response to Defendant's preliminary objections which was received by
Defendant's counsel on February 26, 2009.
2. Plaintiff alleges that Defendant applied for and received a credit card from
Washington Mutual Bank Account #4185863051761468, however, has not provided
any proof of said application for an account.
3. Plaintiff attaches as Exhibit A statements showing an outstanding balance of
$7,291.85. However, Exhibit A is an attachment of an account showing balance due
of $5,604.28 as opposed to what is averred in the complaint.
4. Plaintiff alleges that it purchased the account and owns and holds the account, but,
however, fails to provide any document that shows or proves the allegations that the
account was in fact purchased.
5. Plaintiff has failed to append the contract on which this suit is based or reference such
agreement within the pleading as required.
6. Plaintiff alleges that when the account was purchased there was an outstanding
balance of $7,291.00 again contrary to Exhibit A and contrary to the averments in the
first complaint.
7. Plaintiff has failed to join an indispensible party.
8. Plaintiff lacks the capacity to sue in the Commonwealth of PA as it is a Limited
Liability Company that is not registered to do business in the Commonwealth.
PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF
A PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(4)
9. The averments given in 1-9 are incorporated as if set forth here at length.
4
10. Plaintiff has not asserted how Defendant has breached any duty nor any proof that the
account was applied for and existed nor any proof of purchase of the aforementioned
account by Plaintiff from Washington Mutual Bank.
11. Plaintiff's conclusory statements do not exhibit any objection nor failure on the part
of Defendant to fulfill any contractual duty nor the existence of any contract to do so.
12. Plaintiff has failed to identify in their complaint whether the contract on which this
suit is based is written or oral.
13. If the contract on which this suit is based is written, the Plaintiff has failed to append
the agreement to the Complaint.
14. Plaintiff has failed to assert its standing to assert this claim. If a contract exists, it
would necessarily be between Washington Mutual and Defendant. Plaintiff has not
averred that it is a party to such contract, nor has it produced such agreement.
15. Plaintiff cannot recover unless it shows that Defendant owed Plaintiff a duty, and
breached such duty.
16. Plaintiff's complaint is insufficient to make out a claim for breach of contract.
WHEREFORE, Defendant respectfully requests this Court grant a demurrer on the claim
of Defendant as Defendant has not pled any duty or breach of a duty nor any contractual duty of
any sort to any entity. It is respectfully requested that Plaintiff's Complaint be dismissed with
prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to
Defendant.
PRELIMINARY OBJECTIONS FOR FAILURE OF PLEADING TO CONFORM TO
LAW OR RULE OF COURT 1028 (a)(2)
17. The averments given in 1-16 are incorporated as if set forth here at length.
5
18. Plaintiff's amended complaint seems to assert a cause of action for breach of contract.
19. Pursuant to PA R.C.P. 1019 (h) when a claim is based on an agreement it shall be
specified if that agreement is written or oral.
20. Plaintiff fails to specify the nature of the agreement between the parties on which it
bases this contract action.
21. Plaintiff s failure results in its pleading not conforming to law or rule of court.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint
as it does not conform to the legal requirement set forth in PA R.C.P. 1019(h). It is respectfully
requested that Plaintiff's Complaint be dismissed with prejudice and costs of litigation as well as
any other relief deemed appropriate be awarded to Defendant.
PRELIMINARY OBJECTIONS FOR LACK OF CAPACITY TO SUE 1028 (a)(5)
22. The averments given in 1-21 are incorporated as if set forth here at length.
23. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a Delaware Limited
Liability Company with a Principle Place of Business in Norfolk, VA.
24. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is not registered to do
business in the Commonwealth of Pennsylvania.
25. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, thus lack the capacity to
sue in the courts of the Commonwealth of Pennsylvania.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint
as Plaintiff lacks the capacity to sue in the court of the Commonwealth of Pennsylvania. It is
respectfully requested that Plaintiff's Complaint be dismissed with prejudice and costs of
litigation as well as any other relief deemed appropriate be awarded to Defendant.
6
PRELIMINARY OBJECTIONS FOR FAILURE TO JOIN A NECESSARY PARTY 1028
(a)(5)
26. The averments given in 1-21 are incorporated as if set forth here at length.
27. In order to recover in this action, Plaintiff must prove that a debt is owed and it is an
owner of such debt.
28. Plaintiff's pleadings are insufficient to prove such elements as above described.
29. In order to prove the existence of a debt, Plaintiff must show that Defendant is
obligated by contract to Washington Mutual Bank.
30. As Plaintiff has not averred an assignment of rights under a valid agreement, Plaintiff
is required to prove a breach of a duty owed by Defendant to Washington Mutual
Bank.
31. Plaintiff has failed to name Washington Mutual Bank as a party to this matter.
32. This matter will finally and conclusively determine the right of Washington Mutual
Bank and thus the same should be a party to this suit.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint
as Plaintiff has failed to join a necessary party. It is respectfully requested that Plaintiff's
Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed
appropriate be awarded to Defendant.
PRELIMINARY OBJECTIONS FOR FAILURE REMEDY PRELIMINARY
OBJECTIONS IN THE FILING OF AN AMENDED COMPLAINT 1028 (c)
33. The averments given in 1-32 are incorporated as if set forth here at length.
7
34. Plaintiff filed its first complaint in this action on or about October 3, 2008. The
original complaint is attached as Exhibit A to these preliminary objections.
35. Defendant filed preliminary objections to Plaintiff's first complaint on or about
November 5, 2008 alleging that the pleadings were insufficient for essentially the
same reasons alleged in averments 1-16 above.
36. Rather than answer Defendant's preliminary objections, Plaintiff filed an amended
complaint in accordance with PA R.C.P. 1028(c) on or about November 25, 2008.
This "amended complaint" is attached as Exhibit B to these preliminary objections.
37. The so-called amended complaint was substantially the same as the initial complaint
to which Defendant objected.
38. Defendant filed a second set of Preliminary objections on or about December 12,
2008 averring that the Plaintiff's "amended complaint" was insufficient for the
reasons set forth in averments 1-16 above.
39. On or about February 23, 2009 Plaintiff filed a third complaint also titled "amended
complaint. This third complaint is attached as Exhibit C to these preliminary
objections.
40. Plaintiff's third complaint was exactly the same as their second complaint to which
Defendant had filed preliminary objections.
41. Plaintiff's third complaint was filed in excess of twenty (20) days after Defendant
filed preliminary objections.
42. Plaintiffs third complaint remains unchanged, and continues to contain the same
deficiencies as their second and third complaints.
8
43. Plaintiff is abusing the civil legal process in their use of PA R.C.P. 1028(c) as a
means of avoiding Defendant's preliminary objections.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint
as Plaintiff is abusing the civil legal process in its continued improper use of PA R.C.P. 1028(c).
It is respectfully requested that Plaintiffs Complaint be dismissed with prejudice and costs of
litigation as well as any other relief deemed appropriate be awarded to Defendant.
Respectfully submitted:
OFFICES OF
S'/?' D
Date
Eric J. WienerAsquire
Attorney ID # 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
9
J. WIENER LLC
VERIFICATION
I, Vickie Merovich, hereby verify that the statements made in the foregoing Preliminary
Objections to Plaintiff Amended Complaint are true and correct to the best of my knowledge,
information and belief. I understand that the statements in the foregoing document are made
subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities.
Date
. J'Jz?m
10
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that
I served the foregoing Preliminary Objections to Plaintiff Amended Complaint by placing a
true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as
follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Date ?-
11
r'f THE 0!"!
2009 MAY 13 ASS H: 20
Guy
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
NOTICE OF ENTRY jL DEFAULT JUDGMENT PURSUANT TO 237.5
To: PORTFOLIO RECOVERY ASSOCIATES LLC. C/O APOTHAKER & ASSOCIATES, P.C
(Plaintiff)
Date of Notice: June 22, 2009
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
To: Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
C/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
2
i
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric .I. Wiener LLC, and that
I served the foregoing 10 day notice of entry of default for failure to respond to Preliminary
Objections in the time required by placing a true and correct copy thereof in the United States
Mail, first class postage prepaid, addressed as follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Z
Date
t
24
if
vs.
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
CIO APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054, :
PLAINTIFF
NO. 08-5901 CIVIL TERM
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT
PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO PA R.C.P. 1037
Defendant Vickie Merovich respectfully demands Entry of Judgment in the
above-titled action in accordance with PA R.C.P. 1037 as a result of the Plaintiff's failure
to respond to Defendant's Preliminary Objections. The Preliminary Objections, filed
May 15, 2009, were sent to Plaintiff endorsed with a notice to plead as required by PA
R.C.P. 1026. Defendant then sent a 10 day notice of default on June 22, 2009 in
accordance with PA R.C.P. 237.1 . Plaintiff has failed to respond as required by PA
R.C.P. 1028 and C.C.R.P. 1028 to Defendant's Preliminary objections.
As a result of the foregoing, Defendant demands that in accordance with PA
R.C.P. 1037 judgment be entered in favor of Defendant, Vickie Merovich, on her
preliminary objections filed May 15, 2009 and Plaintiffs Complaint be dismissed
accordingly.
By:
Dated: /& 0
ERIC J. WIENER, ESQUIRE
Sup. Ct. ID. 18046
LAW OFFICES OF ERIC J. WIENER
2515 N. Front Street
Harrisburg, PA 17110
(717) 909-9999
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC,
and that I served the foregoing PR,4ECIPE FOR ENTRY OF JUDGMENT
PURSUANT TO PA R.C.P. 1037 by placing a true and correct copy thereof in the United
States Mail, first class postage prepaid, addressed as follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
:Tj&(V ?
Date
OF THE
2009 JUL 1 0 AM 91. 1:3
Aa
%J
414-00 P4 A77 j
ek * to 4(v if
P-Y*aa*781(a
Na-?? 1Ua?/
Eric J. Wiener, Esquire
I.D. No. 18046
2515 North Front Street
Harrisburg, PA 17110
717-909-9999
ejw@ejw-law.com
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054, :
NO. 08-5901 CIVIL TERM
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3 :
MECHANICSBURG, PA 17055, :
DEFENDANT.
PETITION FOR ENTRY OF JUDGMENT
AND NOW COMES, Eric J. Wiener and files this Petition for Entry of Judgment
and avers as follows:
1. Plaintiff in this matter is Portfolio Recovery Associates, LLC C/O
Apothaker & Associates, P.C having an address of 520 Fellowship Road
C306 Mount Laurel NJ 08054.
2. Defendant in this matter is Vickie Merovich, and individual, residing at
591 Geneva Drive Apt. 3 Mechanicsburg, PA 17055.
3. On or about May 15, 2009 Defendant did file Preliminary Objections to
Plaintiff's Third Amended Complaint. (Attached as Exhibit A is a copy of
Defendant's Preliminary Objections)
4. Defendant's Preliminary Objections were endorsed with a notice to plead.
2
5. On June 20, 2009 Plaintiff filed a brief in opposition to said Preliminary
Objections.
6. On June 22, 2009 Defendant sent and filed a 10 day notice of intent to take
a default judgment to Plaintiff on account of their failure to respond to
Defendant's Preliminary Objections in accordance with PA Rule of Civil
Procedure 1028 and Cumberland County Local Rule 1028 seeking a
default judgment granting Defendant's relief sought in her Preliminary
Objections. (Attached as Exhibit B is a copy of the 10 day notice filed by
Defendant)
7. Plaintiff failed to respond to the 10 day notice of default as required.
8. On July 10, 2009 Defendant filed with the Court and served on Plaintiff a
Praecipe for entry of default judgment in favor of Defendant on account of
Plaintiff's failure to respond. (Attached as Exhibit C is Defendant's
Praecipe for Default)
9. On July 10, 2009 default judgment was entered on behalf of Defendant
granting Defendant's Preliminary Objections.
10. The relief sought by Defendant in her Preliminary Objections was
dismissal of this action with prejudice as well as costs of litigation. (See
Exhibit A)
WHEREFORE, the undersigned for himself and the Law Offices of Eric J.
Wiener LLC prays this court, in the interests of justice, issue an order dismissing the
above captioned action with prejudice and awarding costs of litigation in accordance with
the default judgment awarded, or in the alternative issue a rule to show cause why such
judgment to dismiss and for costs should not be granted. Defendant further requests this
court to enter an order awarding Defendant reasonable costs and any other relief that this
Court may deem appropriate.
Respectfully Submitted,
LAW OF Q E F-£ J. WIENER LLC
Dated: 9
Eric J. Wiener, Esquire
I.D. No. 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
ejw@ejw-law.com
4
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC,
and that I served the foregoing PETITION FOR ENTRY OF JUDGMENT by placing a
true and correct copy thereof in the United States Mail, first class postage prepaid,
addressed as follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Date
5
EXHIBIT A
Defendant's Preliminary Objections to Plaintiff's Amended Complaint
DATED 5/15/2009
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, N.1 08054,
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
ORDER
Upon consideration of Defendant's Preliminary Objections to Plaintiff's Amended
Complaint, Plaintiff's claim is hereby dismissed with prejudice.
So ordered.
Dated:
J.
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
NOTICE TO PLEAD
To: David J. Apothaker, Esguire
You are hereby notified to file a written response to the enclosed Preliminary Objections
to Plaintiffs Amended Complaint within twenty (20) days from service hereof or a judgment
may be entered against you.
J
7
/K/
Date
Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-Iaw.com
Attorney for Defendant
I
Eric J. Wiener, Esquire
LAW OFFICES OF ERIC J. WIENER LLC
Attorney ID # 18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
Attorney for Defendant
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES Defendant by and through the Law Offices of Eric J. Wiener LLC
and files Preliminary Objections to Plaintiff's Amended Complaint and in support of those
Preliminary Objections and avers as follows:
3
I . On or about February 23, 2009 Plaintiff filed an amended complaint for the second
time in response to Defendant's preliminary objections which was received by
Defendant's counsel on February 26, 2009.
2. Plaintiff alleges that Defendant applied for and received a credit card from.
Washington Mutual Bank Account 441.85863051761468, however, has not provided
any proof of said application for an account.
3. Plaintiff attaches as Exhibit A statements showing an outstanding balance of
$7,291.85. However, Exhibit A is an attachment of an account showing balance due
of $5,604.28 as opposed to what is averred in the complaint.
4. Plaintiff alleges that it purchased the account and owns and holds the account, but,
however, fails to provide any document that shows or proves the allegations that the
account was in fact purchased.
5. Plaintiff has failed to append the contract on which this suit is based or reference such
agreement within the pleading as required.
6. Plaintiff alleges that when the account was purchased there was an outstanding
balance of $7,291.00 again contrary to Exhibit A and contrary to the averments in the
first complaint.
7. Plaintiff has failed to join an indispensible party.
8. Plaintiff lacks the capacity to sue in the Commonwealth of PA as it is a Limited
Liability Company that is not registered to do business in the Commonwealth..
PRELIMINARY OBJECTIONS FOR LEGAL INSUFFICIENCY OF
A PLEADING PURSUANT TO PA RULES OF CIVIL PROCEDURE 1028 (a)(4)
9. The averments given in 1-9 are incorporated as if set forth here at length.
4
10. Plaintiff has not asserted how Defendant has breached any duty nor any proof that the
account was applied for and existed nor any proof of purchase of the aforementioned
account by Plaintiff from Washington Mutual Bank.
11. Plaintiff s conclusory statements do not exhibit any objection nor failure on the part
of Defendant to fulfill any contractual duty nor the existence of any contract to do so.
12. Plaintiff has failed to identify in their complaint whether the contract on which this
suit is based is written or oral.
13. If the contract on which this suit is based is written, the Plaintiff has failed to append
the agreement to the Complaint.
14. Plaintiff has failed to assert its standing to assert this claim. If a contract exists, it
would necessarily be between Washington Mutual and Defendant. Plaintiff has not
averred that it is a party to such contract, nor has it produced such agreement.
15. Plaintiff cannot recover unless it shows that Defendant owed Plaintiff a duty, and
breached such duty.
16. Plaintiff's complaint is insufficient to make out a claim for breach of contract.
WHEREFORE, Defendant respectfully requests this Court grant a demurrer on the claim
of Defendant as Defendant has not pled any duty or breach. of a duty nor any contractual duty of
any sort to any entity. It is respectfully requested that Plaintiff's Complaint be dismissed with
prejudice and costs of litigation as well as any other relief deemed appropriate be awarded to
Defendant.
PRELIMINARY OBJECTIONS FOR FAILURE OF PLEADING TO CONFORM TO
LAW OR RULE OF COURT 1028 (a)(2)
17. The averments given in 1-16 are incorporated as if set forth here at length.
5
18. Plaintiffs amended complaint seems to assert a cause of action for breach of contract.
19. Pursuant to PA R.C.P. 1019 (h) when a claim is based on an agreement it shall be
specified if that agreement is written or oral.
20. Plaintiff fails to specify the nature of the agreement between the parties on which it
bases this contract action.
21. Plaintiff's failure results in its pleading not conforming to law or rule of court.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiffs complaint
as it does not conform to the legal requirement set forth in PA R.C.P. 1019(h). It is respectfully
requested that Plaintiffs Complaint be dismissed with prejudice and costs of litigation as well as
any other relief deemed appropriate be awarded to Defendant.
PRELIMINARY OBJECTIONS FOR LACK OF CAPACITY TO SUE 1028 (a)(S)
22. The averments given in I-21 are incorporated as if set forth here at length.
23. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a Delaware Limited
Liability Company with a Principle Place of Business in Norfolk, VA.
24. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is not registered to do
business in the Commonwealth of Pennsylvania.
25. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, thus tack the capacity to
sue in the courts of the Commonwealth of Pennsylvania.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiffs complaint
as Plaintiff lacks the capacity to sue in the court of the Commonwealth of Pennsylvania. It is
respectfully requested that Plaintiffs Complaint be dismissed with prejudice and costs of
litigation as well as any other relief deemed appropriate be awarded to Defendant.
6
PRELIMINARY OBJECTIONS FOR FAILURE TO JOIN A NECESSARY PARTY 1028
a 5
26. The averments given in 1-21 are incorporated as if set forth here at length.
27. In order to recover in this action, Plaintiff must prove that a debt is owed and it is an
owner of such debt.
28. Plaintiff's pleadings are insufficient to prove such. elements as above described.
29. In order to prove the existence of a debt, Plaintiff must show that Defendant is
obligated by contract to Washington Mutual Bank..
30. As Plaintiff has not averred an assignment of rights under a valid agreement, Plaintiff
is required to prove a breach of a duty owed by Defendant to Washington Mutual
Bank.
31. Plaintiff has failed to name Washington Mutual Bank as a party to this matter.
32. This matter will finally and conclusively determine the right of Washington Mutual.
Bank and thus the same should be a party to this suit.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiffs complaint
as Plaintiff has failed to join a necessary party. It is respectfully requested that Plaintiff's
Complaint be dismissed with prejudice and costs of litigation as well as any other relief deemed
appropriate be awarded to Defendant.
PRELIMINARY OBJECTIONS FOR FAILURE REMEDY PRELIMINARY
OBJECTIONS IN THE FILING OF AN AMENDED COMPLAINT 1028 (e)
33. The averments given in 1-32 are incorporated as if set forth. here at length.
7
34. Plaintiff filed its first complaint in this action on or about October 3, 2008. The
original complaint is attached as Exhibit A to these preliminary objections.
35. Defendant filed preliminary objections to Plaintiff's first complaint on or about
November 5, 2008 alleging that the pleadings were insufficient for essentially the
same reasons alleged in averments 1-16 above.
36. Rather than answer Defendant's preliminary objections, Plaintiff filed an amended
complaint in accordance with PA R.C.P. 1028(c) on or about November 25, 2008.
This "amended complaint" is attached as Exhibit B to these preliminary objections.
37. The so-called amended complaint was substantially the same as the initial complaint
to which Defendant objected.
38. Defendant filed a second set of Preliminary objections on or about December 123
2008 averring that the Plaintiff's "amended complaint" was insufficient for the
reasons set forth in averments 1-16 above.
39. On or about February 23, 2009 Plaintiff filed a third complaint also titled "amended
complaint. This third complaint is attached as Exhibit C to these preliminary
objections.
40. Plaintiff's third complaint was exactly the same as their second complaint to which
Defendant had filed preliminary objections.
41. Plaintiff's third complaint was filed in excess of twenty (20) days after Defendant
filed preliminary objections.
42. Plaintiffs third complaint remains unchanged, and continues to contain the same
deficiencies as their second and third complaints.
8
43. Plaintiff is abusing the civil legal process in their use of PA R.C.P. 1028(c) as a
means of avoiding Defendant's preliminary objections.
WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's complaint
as Plaintiff is abusing the civil legal process in its continued improper use of PA R.C.P. 1028(c).
It is respectfully requested that Plaintiffs Complaint be dismissed with prejudice and costs of
litigation as well as any other relief deemed appropriate be awarded to Defendant.
Respectfully submitted:
OFFICES OF ER)C J. WIENER LLC
Date
Eric J. Wienerksquire
Attorney ID #18046
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
9
VERIFICATION
1, Vickie Merovich, hereby verify that the statements made in the foregoing Preliminary
Objections to Plaintiff Amended Complaint are true and correct to the best of my knowledge,
information and belief. 1 understand that the statements in the foregoing document are made
subject to the penalties of 18 Pa.C.S. §4909 relating to unworn falsification to authorities.
S S- D
Date
Vickie
10
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055, :
DEFENDANT.
COURT OF COMMOM PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC, and that
I served the foregoing Preliminary Objections to Plaintiff Amended Complaint by placing a
true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as
follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
C/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
SN!( YO
Date
EXHIBIT B
10 Day Notice
DATED 6/22/2009
PORTFOLIO RECOVERY ASSOCIATES, LLC
C/O APOTHAKER & ASSOCIATES, P.C.
520 FELLOWSHIP ROAD C306
MOUNT LAUREL, NJ 08054,
PLAINTIFF
VS.
V.ICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 08-5901 CIVIL TERM
NOTICE OF ENTRY OF DEFAULT JUDGMENT PURSUANT TO 237.5
To: PORTFOLIO RECOVERY ASSOCIATES LLC. C/O APOTHAKER & ASSOCIATES, P.C.,
(Plaintiff)
Date of Notice: June 22, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WIT14 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
2 Liberty Avenue --- -?
Carlisle, PA 17013
(717) 249-3166
Eric J. Wiener, Esquire
ID #18046
Law Offices of Eric J. Wiener LLC
2515 North Front Street
Harrisburg, PA 17110
(717) 909-9999
(717) 909-9009 FAX
ejw@ejw-law.com
Attorney for Defendant
To: Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
2
4
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054, ;
NO. 08-5901 CIVIL. TERM
PLAINTIFF
VS.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Laver Offices of Eric J. Wiener LLC, and that
I served the foregoing 10 day notice of entry of default for failure to respond to Preliminary
Objections in the time required by placing a true and correct copy thereof in the United States
Mail, first class postage prepaid, addressed as follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
_ Z
Date
3
EXHIBIT C
Praecipe for Default
DATED 7/06/2009
• ' R?CPVED )UL IS 2009
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054,
NO. 08-5901 CIVIL TERM
PLAINTIFF
VS. c> ";
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055, :
DEFENDANT.
PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO PA R.C.P. 1037
Defendant Vickie Merovich respectfully demands Entry of Judgment in the
above-titled action in accordance with PA R.C.P. 1037 as a result of the Plaintiffs failure
to respond to Defendant's Preliminary Objections. The Preliminary Objections, fled
May 15, 2009, were sent to Plaintiff endorsed with a notice to plead as required by PA
R.C.P. 1026. Defendant then sent a 10 day notice of default on June 22, 2009 in
accordance with PA R.C.P. 237.1 . Plaintiff has failed to respond as required by PA
R.C.P. 1028 and C.C.R.P. 1028 to Defendant's Preliminary objections.
As a result of the foregoing, Defendant demands that in accordance with PA
R.C.P. 1037 judgment be entered in favor of Defendant, Vickie Merovich, on her
preliminary objections filed May 15, 2009 and Plaintiff's Complaint be dismissed
accordingly.
BY:
Dated: ?p O
ERIC J. WIENER, ESQUIRE
Sup. Ct. ID. 18046
LAW OFFICES OF ERIC J. WIENER
2515 N. Front Street
Harrisburg, PA 17110
(717) 909-9999
PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMOM PLEAS
C/O APOTHAKER & ASSOCIATES, P.C. CUMBERLAND COUNTY,
520 FELLOWSHIP ROAD C306 PENNSYLVANIA
MOUNT LAUREL, NJ 08054,
NO. 08-5901 CIVIL TERM
PLAINTIFF
vs.
VICKIE MEROVICH
591 GENEVA DR APT 3
MECHANICSBURG, PA 17055,
DEFENDANT.
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the Law Offices of Eric J. Wiener LLC,
and that I served the foregoing PRAECIPE FOR ENTRY OF JUDGMENT
PURSUANT TO PA R.C.P 1037 by placing a true and correct copy thereof in the United
States Mail, first class postage prepaid, addressed as follows:
Kimberly F. Scian, Esquire
Portfolio Recovery Associates, LLC
C/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
7( - _
Date
OF THE
2009 S ;' i
PORTFOLIO RECOVERY
ASSOCIATES, LLC,
c/o APOTHAKER
& ASSOCIATES, P.C.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
VICKIE MEROVICH,
DEFENDANT
NO. 08-5901 CIVIL
ORDER OF COURT
AND NOW, this 7th day of December, 2009, upon consideration of
Defendant's Petition for Entry of Judgment and Plaintiff's brief in Response
thereto,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition
for Entry of Judgment is DENIED;
IT IS FURTHER ORDERED AND DIRECTED that the Parties shall
comply with Cumberland County Rule of Procedure No. 1028(c), list the
preliminary objections for argument, and file briefs as required by C.C.R.P. No.
1028 (c)(5).
By the Court,
M. L. Ebert, Jr.,
Kimberly Scian, Esquire
Attorney for Plaintiff
Eric Weiner, Esquire
Attorney for Defendant
J.
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