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Home My WebLink About07-0482 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: O-z- pa--11` nu' L c7?/? vs. COMPLAINT IN CIVIL ACTION B BUZBY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05484306 C N Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No B BUZBY 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 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUZBY B TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BUZBY B the DEFENDANT , at 1048:00 HOURS, on the 25th day of January-,.2007 at 653 MOUNTAIN STREET ENOLA, PA 17025 BARBARA BUZBY 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: So Answers: Docketing 18.00 Service 13.20 i Affidavit .00 Surcharge 10.00 R. Thomas Kline .00- 41.20v/ 01/26/2007 1/x116 7 6?, WELTMAN WE INBERG RE I S Sworn and Subscibed to By: before me this day eputy Sh iFl,-- of A. D. 4 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: B BUZBY 653 MOUNTAIN ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5178052244275760 . 4. Defendant made use of said credit card and has a current balance due of $3811.61 , as of November 24, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 26.740 per annum on the unpaid balance from November 24, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 1W 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , B BUZBY , INDIVIDUALLY , in the amount of $3811.61 with continuing interest thereon at the rate of 26.740% per annum from November 24, 2006 plus costs. Ja es V. Warmbrodt,42524 W T , WEINBERG & REIS CO., L.P.A. 416 S enth Avenue, Suite 2718 P'tts urgh, PA 15219 412) 434-7955 AX: 412-338-7130 5 4306 C N Pit BNT This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. A great Mother's Day offer for Capital One- cardholders! , on your next purchase when save 5 %. you use ?«r,Otl«, code caP22 Save this code! Offer good all year long! t Remember: Mother's Day is Sunday May 8, 2005 ' Call 1-800-FLOWERSO (1-800-356-9377) 1'800-flowers?fcom or Click www.1800flowers.com today! L Your florist of choice- - - - --------- -----------------------------------------------------------------------------J CapffaloW PLATINUM MA STERCARD ACCOUNT MAR 20 - APR 19, 2005 5178-0522-4427-5760 Page I of 1 Account Summary Payments, Credits and Adjustments Previous Balance $2,576.76 Payments, Credits and Adjustments S.00 Transactions Transactions 535.00 Finance Charges $59.17 1 19 APR PAST DUE FEE $35.00 New Balance $2,670.93 You were assesseda past due fee of$35.00 on 04/19/2005 beraseyanminimum payment was not Minimum Amount Due $2,670.93 received by the due date of 04/19/2005. To avoid this fee in the future, we recommend that you Payment Due Date May 19, 2005 allowat least7 businessdaysforyot rpaymentto reach Capital One. Total Credit Line $2,000 Total AvailableCredit $.00 Credit Line for Cash $1,000 AvailableCredit for Cash 100 At your service TocallCutomeRelatioxWrepormlostorstoleserd: EXHIBIT 1-800-903-3637 Sendpaymentso: Sendinquirieb: Attn: Remi ttanctrocessing CapitalDneBank CapitalDneServices I P.O.Bo1090216 P.O. Bos85015 St LouisMO 63179.0216 RidunondyA23285-5015 Finance Charges Plameaeaeverse;ideforimportmstinfomiation Balancate Periodic Correardmg FINANCE applieth rate APR CHARGE PURCHASES s2,605.27 .073262 26.74% $59.17 CASH $.00 .07326°8 26.74% S.00 ANNUAL PERCENTAGE RATE applied this period 26.74% ? PLEASE RETURN PORTION BELOW WITH PAYMENT COP&MOM. 0000000 0 5178052244275760 19 2670930273232670939 New Balance $2,670.93 Minimum Amotint Due $2,670.93 Payment Due Date May 19, 2005 Total enclosed S Accomt Number: 5178-05224427-5760 Capital One Bank P.O. Box 790216 IrlrtltrrlhtlLLhtl St. Louis, MO 63179-0216 Irlluulluulllutllrlnllnurlrlurllrlluurllrllnlulrl Pleasewrite youraccomttumberon your Pleasprinanailinaddremd/oe-mailhngdelomminipumrbiwbnk. City Slate ZIP Homehme Altemdi one EmmAddress #9011021993392475# MAIL ID NUMBER B BUZBY 653 MOUNTAIN ST ENOLA PA 17025-1609 o ? o aaa? heciormoneWrdermadepayabletoCapital OneBnkand mail in theencloselnvelope. F VERIFICATION CAPITAL ONE BANK vs BUZBY, B The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. MAISHA DAVIS MYRA PRINCLE Notary Public Gwinnett County Georgia My Commission Expires July 31st 2009 5178052244275760 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ^ vt rn r? ,rte (-- N F J f_P -< 00) CAPITAL ONE BANK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 07-482 BARBARA A. BUZBY, Defendant CIVIL DIVISION ANSWER TO COMPLAINT COMES NOW, the above Defendant, Barbara A. Buzby, by her counsel, Jerry A. Philpott, Esquire, and answers the complaint in this matter as follows: 1. Admitted. 2. Admitted. 3. Admitted on information and belief. Defendant no longer possesses the credit card to check the number in question. The number asserted in paragraph 3 of the complaint does match with the bill that is attached to the complaint. 4. Admitted that defendant made use of said credit card up until 2003. Denied that the current balance due of $3,811.61 is a correct balance. Defendant made payments after the date of the statement that is attached to the complaint. Defendant demands proof of the precise balance claimed by plaintiff. 5. Denied. See answer to paragraph 4. By way of further explanation, the Defendant has been making payments to a debt collector and refuses to acknowledge that the balance stated in paragraph 4 is accurate. 6. Denied. Strict proof of the allegations of paragraph 6 as to the interest rate is demanded. s 7. Denied for the reasons stated in paragraph 4 in that the Defendant disputes the balance. WHEREFORE, Defendant prays that thePlaintiff'sC ntbedismissedwithprejudice. submi Jerry A. 227 rth High Street, .O. Box 1 Du annon, PA 170 Y7-834-3087 Attorney for Defen ant Buzby) Dated: March 7, 2007 VERIFICATION I, Barbara Buzby, verify that the statements made in the foregoing document are true and correct to my best personal knowledge, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unworn falsification to authorities. Azyu? Barbara Buzby ` FCC % ' V t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA j? g2-20 0 ?lls) NO. ( e,r.+, 7 ?LA Z RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOIN'T'MENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: '?? n al booJ"AA' cr/' counsel for the lainti efendant in the above action (or actions), respectfully represents that 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 3 V 1 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ??ni,F ?loh•J L!/uydika?,?'lf. Y?? Pljc,i.'I.t?t' `f JC?'/Lf ?l?:l?loiT.1?`J?, '"? ?el'en?u,'r' WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted,/'1 /- ??iu? fll?.ovu,oa ?bo4t ORDER OF COURT AND NOW, .200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY CERTIFICATE OF SERVICE A true and correct copy of the Petition For Appointment of Arbitrators has been served by First Class Mail, postage pre-paid, on f _ day of J?bvUOvtl , 2008 upon the following: Jerry Philpott, Esquire 227 No High St., Pob 116, Duneannon, Pa. 17020 By: - A"""4 Lls?Ac? -- ? z O Ln ''O d r? ? --r e 3`t, c? A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 NO q?z-20 0 7 ?IlS? .?= v? ( LerM ?LA 7-?y RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: aMa1 ,,(70 JI"aA cr?C, -,counsel for the Iainti efendant in the above action (or actions), respectfully represents that. 1. The above-captioned action (or actions) is (are) at issue. 6 2. The claim of plaintiff in the action is $ 3 g", The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ,, jf ^ / lj,-.rrq 4:14900 ,. b'-J 71Oha! '?k-J-11 ,[r/c Tyr ?e nl/`t,a? WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT , in consideration of the foregoing AND NOW, `tZ?01n.ti 01 , 200_ 7 petition, OA*4-t-4- Esq., and ? 960--& t Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. B e Court, Cr 4 I Derrphi looifi. ?' 3f D?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. B BUZBY Defendant No. 07-482-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END WITHOUT PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 4367 1h Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR 05484306 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. B BUZBY Defendant Civil Action No. 07-482-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscri Before me the ( 0 COMMONWE/1 TH OF PENNSYLVANIA Nobuld sad Jwww M. awoww d, Notary Pubuc CUy of pm "O. Pmeg wry CM* Feb. 22, 2012 Nkmbw, Aesodedon NotarW By: James C. War Pa. I.D. No. 4 Weltman, W 1400 Kopp 436 7`h Av m Pittsbur h, F (412) 4 4-7? Esquire & Reis, Co, LLC 5219 WWR 05484306 'Y7 ` ,c= ;mom C Fl CAPITAL ONE BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. B BUZBY, DEFENDANT 07-0482 CIVIL TERM ORDER OF COURT AND NOW, this 70 day of June, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. R. Mark Thomas, Esquire, Chairman, shall be paid the sum of $50.00. By the Co ; i Edgar B. Bayley, J. , R. Mark Thomas, Esquire Court Administrator :sal cop MJt 4.30/08 c-? ? ?.? u ?= 1, c? ?s v ? f.?. ~ ..i ?, ? a ?.- - u=- :- ? (,.. N