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HomeMy WebLinkAbout07-2315i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 0^j _,41S" vs. COMPLAINT IN CIVIL ACTION BARBARA L BUSTERNA 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 05737584 C N Pit BNT I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No BARBARA L BUSTERNA Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: BARBARA L BUSTERNA 4603 N CLEARVIEW DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 5178052498844774 . 4. Defendant made use of said credit card and has a current balance due of $1144.96 , as of February 28, 2007 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the audition of interest at the rate of 27.740% per annum on the unpaid balance from February 28, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 4 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 , BARBARA L BUSTERNA , INDIVIDUALLY , in the amount of $1144.96 with continuing interest thereon at the rate of 27.740W per annum from February 28, 2007 plus costs. JWarmbrodt,42524 WJ14)4 WEINBERG & REIS CO., L.P.A. 4th Avenue, Suite 2718 Ph, PA 15219 -7955 F -338-7130 0 C N Pit BNT This law firm is a debt collector at empt' g to collect this debt for our client and any information obta,?T![ned11 be used for that purpose. f1 Surf tD to 5x fastertaa a FREE Accelerator for On r #W 12nwdW-a $160 raMef 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin 003 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by symantec- ® Pop-Up BlockerTm Spam Controls ® Smarter Smart Dialer Technology 4g More Email Addresses am t Internet Call Waiting Capitalow" Account S Previous Balance $790.68 Payments, Credits and Adjustments S.00 Transactions :29,00 Finance Charges $18.94 New Balance $838.52 Minimum Amount Due $838.52 Payment Due Date December 03, 2005 Total Credit Line 5500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To sail Customer Retations or to report a loft or stolen c"- 1-800-903-3637 Send payments to: Send inquiries to: AM: Resnimm. Processing Capital One Bank Capital One P.O. Box 790116 P.O. Bin 30285 St Louis, MO 63179-0216 SLC, UT 84130-028S PLATINUM MASMRCARD ACCOUNT OCT 04 - NOV 03, 2005 5178-0524-9884-4774 Page 1 of l Payments, Credits and Adjustments Transactions 1 o3 NOV PAST DUE FEE $29.00 Take control and pay your Capital One credit cad bill online for free. Eliminate the hassle of writing checks, finding stamps and sealing envelopes. Everything you need to access, review and pay your bill is available online. Our Web site offal you a convenient, simple and secure way ;177 your account. Visit www.capitaJone.com and register your account to start amplifying dayi As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps ymr 2005 charges, provided your account is in good standing and you have made transactions during the calendaryear. Please call 1-877-794-4487 before December 31, 2005, to reserve your copy for this account We will begin processing orders in January 2006. We appreciate your business and you deserve great benefits. Wed like you to know that your Platinum card benefits have been updated. For details, visit www.capitalonecom/creditcards and dick on the Guide to Benefits link. Thanks for choosing Capital One. You were -eased a past due fee of $29.00 on 11/03/2005 because your minimum payment was not received by the date date of 11/03/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. "f 8 Finance Charges Pleausee -e j idefor imfortant iaformaatton i .&dr a w ,- Pe+:edir CP'? , Wp e?, ate in C HHASES 5628.73 .07600%P 27.74% $14.81 1171.02 .07600%P 27.74% 84.03 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WrrH PAYMENT Gap"alow 0000000 0 5178052498844774 03 0838520023010838522 New Balance Plratrprint mnmlligadd sir and/ e-m.:trba,Yer bet sesindbbre Mk L ir(83852 Minimum Amount Dix $938.52 Sieeet x Payment Due Date December 03, 2005 ?` a,y Some ZIP Total enclosed $ AccouuaNiunba: 5178-0524-9884-4774 Home Phone A]-- Phme •? #9030885544159808# MAIL ID NUMBER Capital One Bank ?a BARBARA L BUSTERNA P.O. Box 790216 ?dnln??uil?dud? o ?- 4603 N CLEARVIEW DR St. Louis, MO 63179-0216 u CAMP HILL PA 17011-4015 14 [loll 111uul11loll t1ss11sun1sIur11s11sun??s??st?ts?s? Pieare w e prarxronnt number m yr edeek or money orelrr aeadepayable to Capital Ores Bank and mail in dx -A ed emx/ope peoplepc- online %s-? A better way to Internet. L VERIFICATION CAPITAL ONE BANK vs BUSTERNA, BARBARA L 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 N*y R dc, Dga Comity, Georgia MY CWM iM EVia January 19, 2009 5178052498844774 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ??. rl) . L ? (DI V 0(/) SHERIFF'S RETURN - REGULAR CASE NO: 2007-0 315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE LAND CAPITAL ONE BAN V BUSTERNA BARBAR)k L VALERIE WEARY Cumberland Cou. says, the with BUSTERNA BARBA the DEFENDANT at 4603 N CLEA CAMP HILL, PA BARBARA L BUST Sheriff or Deputy Sheriff of :y,Pennsylvania, who being duly sworn according to law, z COMPLAINT & NOTICE was served upon L at 1649:00 HOURS, on the 27th day of April 2007 VIEW DRIVE 7011 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the sa4 time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge 5/;u;/a -7 9, Sworn and Sub cibed to before me thi of So Answers: 18.00 -Oeo 14.40 .00 • 10.00 R. Thomas Kline .00 42.40 04/30/2007 WELTMAN WEINBERG & REIS By. //,z L day eputy S iff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA L BUSTERNA Defendant 07- a31 5 No.4?fi -CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-71305 WWR#05737584 Judgment Amount $ 1,268.52 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. BARBARA L BUSTERNA Defendant TO THE PROTHONOTARY: Civil Action No. 07-2215-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BARBARA L BUSTERNA above named, in the default of an Answer, in the amount of $1,268.52 computed as follows: Amount claimed in Complaint $1,144.96 Interest from February 28, 2007 to July 20, 2007 at the interest rate of 27.740% per annum $123.56 TOTAL $1,268.52 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 PA I.D. WELT 436 Sev n Pittsb r (412) FA :4 Esquire AN, EINBERG & REIS CO., L.P.A. th A enue, Suite 2718 gh, A 15219 4- 955 -338-71305 737584 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Buil 'ng, 436 76 Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4603 N CLEARVIEW DR CAMP HILL,PA 17011 0o Q .D ,G O J ? O v b p4 ? q C) -0 UP 90 G ? co IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 01 A215 -(WIL BARBARA L BUSTERNA Defendant(s) IMPORTANT NOTICE TO: BARBARA L BUSTERNA 4603 N CLEARVIEW DR CAMP HILL,PA 17011 Date of Notice: WWR#: 05737584 C? 21 0-7 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 / BY : - - PAT CK TfiOMA8 WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. BARBARA L BUSTERNA Case no: 07-2215-CIVIL NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, BARBARA L BUSTERNA is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, BARBARA L BUSTERNA is not in the military service. Further Affiant sayeth naught. SWORN TO N BSC BEDD? ii?my presence this ay of r 0; =174,,,'iqSYLVAN1A This law firm is a debt collector attem t' g to collect this debt for our client and any information obtained will be used for that purpose. NOT Y PUB „ ? . ? C= n,? r R- ic, 77 co Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-19-2007 09:22:23 'C Last Name First/Middle Begin Date Active Duty Status Service/Agency BUSTERNA BARBARA L Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. y6t fq 1,4101141 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. q/pis/PC09SLDR.htmI See: htT://www.defenselink.mil/fa WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/19/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BEEQLJVVGKE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/19/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-2215-CIVIL BARBARA L BUSTERNA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on 7/30107 (xx) Assumpsit Judgment in the amount of $1,268.52 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO) ONOTAR - _E TY) BARBARA L BUSTERNA 4603 N CLEARVIEW DR CAMP HILL,PA 17011 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA L BUSTERNA Defendant D7- azis No.: - VIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5737584 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA L BUSTERNA Defendant Civil Action No.: 07-2215-CIVIL PRAEgIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subs ed before me this day o ust, 8 NOT IC ALTH OF IsYLWINIA Notarial &W . wftr M.13or mm, Nola Pub??c CRYC?? . AlfslMnYl County fsb.'22, 2 01 s WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. mbrodt PA I. D #4 2 WELTM EINBERG & REIS CO., L.P.A. 1400 K pper Building 436 S ent Avenue Pittsb rgh PA 15219 (412 43 -7955 WWR #5737584 QS 00 r rf r : t G 3 27, T G1 ,?