HomeMy WebLinkAbout07-2315i
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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.
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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
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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 „ ? . ?
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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
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