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HomeMy WebLinkAbout08-0881L , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: C)$- $gl Civit-FerM vs. BARBARA A BUZBY AKA B BUZBY COMPLAINT IN CIVIL ACTION 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 06095265 C N Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No BARBARA A BUZBY AKA 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 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: BARBARA A BUZBY 653 MOUNTAIN ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX9264 . 4. Defendant made use of said credit card and has a current balance due of $6721.63 , as of December 27, 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 addition of interest at the rate of 27.740% per annum on the unpaid balance from December 27, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 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 A BUZBY , INDIVIDUALLY , in the amount of $6721.63 with continuing interest thereon at the rate of 27.740% per annum from December 27, 2007 plus costs. W, F 1 0 rmbrodt,42524 J/2) C. 4ve Purg (43 W INBERG & REIS CO., L.P.A. nt Avenue, Suite 2718 , PA 15219 -7955 338-7130 C N Pit BNT This law firm is a debt collector at em ing to collect this debt for our client and any information obtai e will be used for that purpose. R iO LG whaft inymar wnaet?- Your account is about to charge off as a bad debt. • We report an R9 rating to credit bureaus when an account charges off. • Lenders and employers nationwide can access credit bureau reports. • An R9 will limit our ability to offer you financial solutions. • You will still be responsible for repaying the debt. PLATINUM VISA ACCOUNT 4305-7222-0847-9264 The purpose of this letter is to collect a debt Any Wormation obtained will be used for that purpose. O 2004 Capltal One Services. Inc. Capital One is a federely registered servke mark. All rights reserved. 045.0404 Caprrta/Q Account S Previous Balance $6,042.48 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $140.07 i G oq? z? AUG 20 - SEP 19, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 19 SEP PAST DUE FEE Good news - it's not too late. • Call 1-800-955.66oo for payment options. • Pay with our free Check by Phone service. • If you have online account access, log on to your account and pay now at www.capitalone.com. • If you prefer, simply use the remittance coupon below. New Balance $6,217.55 You were assessed a past due fee of $35.00 on 09/19/2005 because your minimum payment was not Minimum Amount Due $6,217.55 received by the due date of 09/19/2005. To avoid this fee in the future, we recommend that you Payment Due Date October 19, 2005 allow at least 7 business days for your payment to reach Capital One. Total Credit Line $7,500 Total Available Credit $.00 Credit Line for Cash $975 Available Credit for Cash $,00 At your service To c U Customv Relations or to report a lost or stolen card: 1-800-903-3637 For free online attrount service and special arstomer offers, log on to: www.capitdoneeom Send payments to: Send inquiries to: Attn: Ronan.- Prancing Capital One Bank Capital One P.O. Box 790216 P.O. B. 30285 St. Lou6, MO 63179-0216 SLC, UT 84130-0285 Important Account Inforination Twelve unsung heroes of college athletics are competing for the honor of Capital One National Mascot of the Year - and you can help decide who wins! Each week, the mascots go head-to-head in competition, but only one will win the coveted title and $10,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to rune in to the Capital One Bowl on ABC on Monday, January 2, 2006, to see who wins! m m EXHIBIT $35.00 Finartee Charges Please tte reverse ndefor important in, formation Ba! -rare P-d C-R8 WEE d ro rme PURCHASES 96,309.98 .07395%P 26.99% $140.07 CASH $.00 .07395%P 26.99% 4.00 ANNUAL PERCENTAGE RATE applied this period 26.99% PLEASE RETURN PORTION BELOW WITH PAYMENT Qwdwow- 0000000 0 4305722208479264 19 6217550166506217559 New Balance $6.217.55 Minimum Amount Due K217.55 Payment Due Date October 19, 2005 Total enclosed $ Accowrt Number. 4305-7222-0847-9264 Capital One Bank P.O. Box 790216 St. Louis, MO 63179-0216 Pkau -111 -9 aridness and r-mad hang. below wine khu or kl-k car; Apt t Gry State ZIP Home Phone Al-.- phone _¦ #9026354913112803# MAIL ID NUMBER BARBARA A BUZBY 653 MOUNTAIN ST ENOLA PA 17025-1609 r Please rurite your a-,st nembo m yore check or money order madepayabk to Capital One Bank and mail in the enclosed envelope. VERIFICATION CAPITAL ONE BANK vs BUZBY, BARBARA A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, JAMELA SINGLETARY, 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. JAMEL INGL TARY Notary Pu is HE ?' , a t L M1 ? *? )rti , My c 0CTO 19 24TH, 2(.; 10 4305722208479264 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? w ni R, p co ? rr' t ? ' cT --° .?, .,t ??. .. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUZBY BARBARA A AKA B BUZBY STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon n T T17nv DT OD T DT T AVA 1Z2 T1TT7RV the DEFENDANT at 1850:00 HOURS, on the 11th day of February , 2008 at 653 MOUNTAIN ST ENOLA, PA 17025 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 15.36 Affidavit .00 Surcharge 10.00 .00 C?, ? 43.36 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/12/2008 WELTMAN WEINBERG REIS By. Deputy Sheriff A. D. CAPITAL ONE BANK, Plaintiff VS. BARBARA A. BUZBY, a/k/a B. BUZBY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-881 CIVIL DIVISION ANSWER TO COMPLAINT COMES NOW, the above Defendant, Barbara A. Buzby, by her counsel, Jerry A. Philpott, 1 1 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 $6,721.631 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. Defendant notes that Exhibit "1" to the plaintiff's complaint does not substantiate the allegations of Paragraph 6, being for a different date at a different rate of interest. 7. Denied for the reasons stated in paragraph 4 in that the Defendant disputes the balance. WHEREFORE, Defendant prays that the Plaintiff s Complaint be dismissed with prejudice. Jerry A.`h'1'iilp squire / Supreme C #47624 227 Nort h Street, P.O. Box 116 Dunc , PA 17020 717-834-3087 (Attorney for Defendant Buzby) Dated: March 24, 2008 I verify that the statements made in this Answer are true and correct to my personal knowledge, information, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. 64JJ?O? a. /1? L Barbara A. Buzby (D -FT) r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA A BUZBY Defendant No. 08-881 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I. D #34507 WELTMAN, WEINBERG & RE'IS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06095265 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-881 BARBARA A BUZBY Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. SWORN TO AND SUBSCRIBED before me this y day of Q?- 2008 N0,?4RY 76C WELTMAN, WEINBERG & REIS CO., L.P.A. By: 0??o?MO?d Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06095265 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission Fires June 28, 2010 Member, Pennsylvania iassccation of Notaries "'' C7 ? ? ?' y F `T ? C..- ... 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