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HomeMy WebLinkAbout09-5694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 04-504 ai '?r N VS. COMPLAINT IN CIVIL ACTION WILLIAM J SCHANER SR 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07566620 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No WILLIAM J SCHANER SR 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 V COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: WILLIAM J SCHANER SR 3607 BEECH RUN LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5364 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of August 03, 2009 , in the amount of $14284.83 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $125.00 8. 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 , WILLIAM J SCHANER SR individually , in the amount of $14284.83 with interest at the legal rate of 6.00015 per annum from date of judgment plus attorneys' fees of $125.00 , and costs. fames C. armbrodt,42524 WELTMAN INBERG & REIS CO., L.P.A. 436 Sev n Avenue, Suite 1400 Pittsb r g , PA 15219 (412) 3 -7955 FAX: 1 338-7130 07566 2 C A Pit SJS This law firm is a debt collector attempng to collect this debt for our client and any information obtained ill be used for that purpose. 'IV GR cmer,vmoum cnciosea ceiow i CARD '--------------- J?. Payment Due Date $ June 25, 2009 f?1 r1 31 SDSN6A01 0004125 WILLIAM SCHANER SR Will your payment get to us on time? Pay 3607 BEECH RUN LN your bill online and your payment can be e., j% r made to your account on the same day. Visit MECHANICSBURG PA 17050-2230 l 4? Discover.com/payments today. Address, e-mail or telephone change? Print change in space above, or go to Discovencom. Print your e-mail address to receive important Account information and special offers. PO BOX 6103 Illr??llr?r?rllr?rrllrllrrl CAROL STREAM IL 60197-6103 111111111,1,1,111111111,1 11111,1111111 11,1,1111111111111,11,11 000001986618117480843000000000000000270700 Discover More Card Account Summary Closing Date: May 31, 2009 page 1 of 1 Account number ending in 5364 Previous Balance $14,284.83 Payment Due Date June 25, 2009 Payments And Credits - 14,284.83 Minimum Payment Due $2,707.00 Purchases + 0.00 Credit Limit $11,400.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $5,700.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance = $0.00 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary - Date: March 27 How Can We He) You? 1 • Visit Discover.com to pay your bill for no cost, view our p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -14,284.83 Finance Charge Summary Nominal Average Daily ANNUAL ANNUAL Periodic Transaction Fee Daily Periodic PERCENTAGE Balances Rates RATES PERCENTAGE FINANCE RATES CHARGES FINANCE CHARGES current billing period: 4 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-800-347-2683. 0 Blllin RI hts Summary Z CID 9 9 . In Case of Errors or Questions About Your Bill: If ou think your bill is wrong, or if you need more information about a o transaction on your bill, write to us on a separate sheet of paper at Discover Card; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible. -' We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but °o doing so will not preserve your rights. In your letter, give us the following information: *Your name and Account number. o •The dollar amount of the suspected error. rn •Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure nil about You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. your mailing address1e(if? we own oreoperate the merchant, or ifmwe mailed tha $youathe tadvertisement for the goods orrservices?aalll purchases a0re covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your ppayment, if you send the payment to any cc `r Za:ic au use an envelope other than t1c c;;e p v;ded. Payments received on or after 1 - Monday- through y-Friday or on -a-weekend Ba k. POhBox 61 3n Carol Stream fL 6197-610 03as Please alllowb7 10edaysafor deliverya If yourr payment isereturned unpaitlowepreserve theDriight to resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and our bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable to correct an error in the processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel aTayygent, however we must receive notice at least three ggbusiness days in advance of the scheduled payment You the amoun yomay on noteify statement when youropayment will bemmadetandnh w pmuchuit will b rre.phYouf ryAut ma cepayment amount may De la siithanl indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your month t If youbbelieve that ouroreport is ins curate or oincomYplete. pleaseswrrite and at the follow noon address r Discove Card, PO Box 15316. Wilm ngton DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pa your entire New Balance, by making payments or receivingg credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you payihe New Balance ppby the Payment Due Date on your current billing the g ace pe we d?ilOtherwseSeou?will receive a billingestatementsext month thatsincludessPeriodicaFinancegCharges on thosestnew purchases. Therie is no grace period on balance y transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories At the end of each billing perid, we compute balances and Periodic Finance Charges ,:a calf: days cf L`!!- lm!!:iig pa!ak26 fl, each to i! action ca!hnxy. Vii use the foibw;ng equation ate. lie Periodic Finance C z:ye; for each transaction category. Average Daily Balance x number of days in the Dining period x Daily Periodic c Rate. You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for eacc transaction Cateory to get the total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle gaily average balance (including new transactions method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the asy ellnasDnewaplurchases that firstlappearno we will current billingsstatementcunllessrwee already imposed Periodici FinanceaCharges ontthelgpurchaseseoii your previous billing statement We compute the Average Daily Balance for each transaction categorryy by adding up all the daily balances in a billing period for a transaction categgory and dividin the total by the number of days in the billing cycle. N/e compute the daily balance for each transac ;on cafeory on each day by Tirst adding thetollowing to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the yyprevious day's daily balance; and b then subtracting any credits and payments that are applied against the balance of the transaction yourrgbalance for each transactionicategorya n the last for the your pr vioushbilllingnperiod od, if a transactionhis posted to day's balance afterithe close Of thAccoun period in which it occurs, we will treat the ransaction as having occurred on the first day of the billing period in which it is posted to All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications nevirp for tho noon -tool. ^ .i.... -..n , ens ..-, -... VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. Signature) WWR# 7566620 William J. Schaner '6011298794115364 OF THE PROTIIMTARY 2409 AUG 18 AM 9: 05 CLUB-Fi"-IlL"? COUNTY FF NXV A 4.19-60 flb AT'rY GL`s' *19 ti 3119 aa931a Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ??attttl at ??trttt??rf?h? OFF i E :' '1-E =- RIFF OF THE P-T# oNnTARY Edward L Schorpp Solicitor Discover Bank vs. William J. Schaner, Sr. 2009 AUG 2Q AM 9: 38 GU " NTY Pc w yot??;?.`V`. Case Number 2009-5694 SHERIFF'S RETURN OF SERVICE 08/18/2009 07:22 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2009 at 1922 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William J. Schaner, Sr., by making known unto himself personally, at 3607 Beech Run Lane Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 19, 2009 SO ANSWERS, - ' C to - 0a, "aft or R THOMAS KLINE, SHERIFF Bwy Deputy Sheriff c DISCOVER BANK Plaintiff VS. WILLIAM J SCHANER SR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-5694 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07566620 C A Pit JLI Judgment Amount $15784.83 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5694 CIVIL TERM WILLIAM J SCHANER SR PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant WILLIAM J SCHANER SR above named, in the default of an Answer, in the amount of $15784.83 computed as follows: Amount claimed in Complaint $14284.83 Less payments / adjustments made $0.00 Attorney's fees $1500.00 TOTAL $15784.83 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: James C. W ro t,42524 07566620 C A it JLI Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburghyndanit 5219 And that the last known address of the De is WILLIAM J SCHANER SR 3607 BEECH RUN LN MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5694 CIVIL TERM WILLIAM J SCHANER SR NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on alf?(C* (xx) Assumpsit Judgment in the amount of $15784.83 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 Prothono By: tJKC.?l'HU1VU'1'HKY ?1 ) WILLIAM J SCHANER SR 3607 BEECH RUN LN MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5694 CIVIL TERM WILLIAM J SCHANER SR NON-MILITARY AFFIDAVIT The undersigned, who first 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 , WILLIAM J SCHANER SR is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the Defendant , WILLIAM J SCHANER SR 3607 BEECH RUN LN MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBSC I ED in my presence this day P ti Joy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. WILLIAM J SCHANER SR Defendant Date of Notice: l ( _Case No. 09-5694 CIVIL TERM TO: WILLIAM J SCHANER SR 3607 BEECH RUN LN 7050 MECHANICSBURG, PA 1Oaq 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 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMA WEINBERG & REIS CO., L.A.A. By Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7566620 A PIT T4S Request for Military Status . Department of Defense Manpower Data Center Agaft, Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-29-2009 18:48:36 ' Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name g y Based on the information you have furnished, the DMDC does not possess any information indicating the SCHANER WILLIAM individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 010, Awt Pq 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.htmi. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active https://www.dmdc.osd.mil/appj/scra/popreport.do 10/29/2009 ovs%?? eK?' ?t a? 3g7z, 3.3 VeS m???L