The URL can be used to link to this page

Home My WebLink About11-8675SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?gt'?,?Lt+• of ?at?tat???,??r?? r FF e, I LSO 1H 0N'0 .{ ti.. Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 OY 30 PM 1: 27 CUMBERLAND COUiII Y PENNSYLVA141A Barclays Bank Delaware vs. Michael Lee Buffington Case Number 2011-8675 SHERIFF'S RETURN OF SERVICE 11/23/2011 05:54 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2011 at 1754 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Lee Buffington, by making known unto hi f personally, at 3605-4 Kohler Place, Camp Hill, Cumberland County, Pennsylvania 170 it co en and at the same time handing to him personally the said true and correct copy of the sa e • HARRISON, DEPUTY SHERIFF COST: $43.00 November 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c; Crunt, Suite Sher,ft. Teel2oso?t. I IT- Michael J. Pykosh, Esquire ID #58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshia.dalelaw.com Attorney for Defendant BARCLAYS BANK DELAWARE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n r ?j VS. No: 11-8675 -CIVIL TERM rnrn cca rr - z :;o c-7 -,? z MICHAEL L. BUFFINGTON ? ?:; 'c ar' Defendant 2s c-) Civil Action - Law xo < rn To: Barclays Bank Delaware w r? ? c/o Francis X. Grimes, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 You are hereby notified to file a written response to the enclosed New utter within twenty (20) days from service hereof or a judgment may be entered against you: Michael J. Pykd6, Wqul ID #58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh6&dplglaw.com Attorney for Defendant BARCLAYS BANK DELAWARE : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No: 11-8675 -CIVIL TERM MICHAEL L. BUFFINGTON Defendant Civil Action - Law ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Michael L. Buffington, by and through his attorneys, Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Amended Complaint as follows: COMPLAINT 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 1 of Plaintiff's Complaint. 2. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 2 of Plaintiffs Complaint. 3. Admitted. 4. Admitted. COUNTI-CONTRACT 5. Defendant incorporates by reference, paragraphs 1 through 4 of this Answer, as though the same were more fully set forth herein. 6. Denied. The averments as set forth in Paragraph 6 contain conclusions of law to which no response is required. 7. Admitted in part and Denied in part. It is Admitted that Defendant received a physical credit card issued by Plaintiff. The remainder of the averments in paragraph 7 is Denied after reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the remainder of the averments set forth in Paragraph 7 of Plaintiff s Complaint. 8. Denied. The averments as set forth in Paragraph 8 contain conclusions of law to which no response is required. 9. Denied. The averments as set forth in Paragraph 9 contain conclusions of law to which no response is required. 10. Denied. The averments as set forth in Paragraph 10 contain conclusions of law to which no response is required. 11. Denied. The averments as set forth in Paragraph 11 contain conclusions of law to which no response is required. 12. Denied. The averments as set forth in Paragraph 12 contain conclusions of law to which no response is required 13. Denied. The averments as set forth in Paragraph 13 contain conclusions of law to which no response is required. 14. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 14 of Plaintiff's Complaint. 15. Denied. The averments as set forth in Paragraph 15 contain conclusions of law to which no response is required. 16. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 16 of Plaintiff's Amended Complaint. 17. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 17 of Plaintiff's Amended Complaint. WHEREFORE, the Defendant, Michael L. Buffington, respectively requests judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and that Plaintiffs Complaint be dismissed with prejudice. COUNT II - ACCOUNT STATED 18. Defendant incorporates by reference, paragraphs 1 through 17 of this Answer, as though the same were more fully set forth herein. 19. Denied. The averments as set forth in Paragraph 19 contain conclusions of law to which no response is required. 20. Denied. The averments as set forth in Paragraph 20 contain conclusions of law to which no response is required. WHEREFORE, the Defendant, Michael L. Buffington, respectively requests judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and that Plaintiff's Complaint be dismissed with prejudice. COUNT II - UNJUST ENRICHMENT 21. Defendant incorporates by reference, paragraphs 1 through 20 of this Answer, as though the same were more fully set forth herein. 22. Denied. The averments as set forth in Paragraph 22 contain conclusions of law to which no response is required. 23. Denied. The averments as set forth in Paragraph 23 contain conclusions of law to which no response is required. WHEREFORE, the Defendant, Michael L. Buffington, respectively requests judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and that Plaintiff's Complaint be dismissed with prejudice. DEFENDANT'S NEW MATTER The Defendant, Michael L. Buffington, sets forth the following New Matter: 24. Defendant incorporates by reference, paragraphs 1 through 23 of this Answer, as though the same were more fully set forth herein. 25. The claims made by Plaintiff are barred by the applicable Statute of Limitations. 26. The claims made by Plaintiff are barred by the Doctrine of Accord and Satisfaction. 27. The Plaintiff s claim based in Quantum Meruit is barred pursuant to Lustfeld v. Mine, 5 Pa. B&C 5c" 469 citing Wilson Area School District v. Skepton, 586 Pa. 513 (2006) 28. Plaintiff s actions may be barred by the Doctrine of Estoppel. 29. Plaintiff s actions may be barred by the Doctrine of Unclean Hands. 30. Plaintiff's claim of Account Stated Cause of Action is inapplicable in a credit card collection's case. WHEREFORE, the Defendant, Michael L. Buffington, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: (Z- 22- l y By: , 4wl Michael J. Pyk s , squire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant VERIFICATION I, Michael L. Buffington, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 2g DO-C-3 00[ C- QA ichael L. Buffington Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosh(u dylglaw.com Attorney for Defendant BARCLAYS BANK DELAWARE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No: 11-8675 -CIVIL TERM MICHAEL L. BUFFINGTON Defendant Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Barclays Bank Delaware c/o Francis X. Grimes, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Respectfully Submitted, Dated: l Z_ 2 2 t By: Michae J. Pykosh, Esquire ID #59851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant STOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, ESQUIRE I.D. #62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 BARCLAYS BANK DELAWARE Plaintiff vs. MICHAEL L. BUFFINGTON Defendant Attorney for airrt'if???,;? «?? APR Pik 2: Q f-`JME;ERLAN1D COUNTY ?" I- #'"Nj S i L? ,1, t41 A COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-8675 PLAINTIFF'S RESPONSE TO DEFENDANT' S NEW MATTER AND NOW, this day of 2012, comes the Plaintiff, Barclays Bank Delaware, by its attorney, Francis X. Grimes, and responds to the Defendant's New Matter as follows: 24. Plaintiff incorporates herein by reference all of the paragraphs of its Civil Action Complaint filed herein as though the same were more fully set forth in detail herein. 25. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore, Plaintiff demands strict proof of this averment should the same be material to the issues of the case. 26. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore', Plaintiff demands strict proof of this averment should the same be material to the issues of the case. 27. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore, Plaintiff demands strict proof of this averment should the same be material to the issues of the case. 28. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore, Plaintiff demands strict proof of this averment should the same be material to the issues of the case. 29. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore, Plaintiff demands strict proof of this averment should the same be material to the issues of the case. 30. Denied. This averment is a conclusion of law to which no further response is necessary in accordance with the Rules of Court. Furthermore, Plaintiff demands strict proof of this averment should the same be material to the issues of the case. WHEREFORE, Plaintiff, Barclays Bank Delaware, demands judgment against the Defendant, Michael L. Buffington, in accordance with the prayer of its Civil Action Complaint. DATE: f F CIS X. GRIMES, ESQUIRE At orney for Plaintiff VERIFICATION FRANCIS X. GRIMES, ESQUIRE, hereby certifies and avers that he is the attorney for the Plaintiff herein, that he is authorized by the Plaintiff to execute this Verification and that the facts set forth herein are true and correct to the best of his information, knowledge and belief. Furthermore, he understands that any false statements therein are subject to criminal penalties contained in 28 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. F IS X. GRIMES, ESQUIRE STOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, ESQUIRE I.D. #62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 BARCLAYS BANK DELAWARE Plaintiff vs. MICHAEL L. BUFFINGTON Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-8675 CERTIFICATE OF SERVICE I, FRANCIS X. GRIMES, ESQUIRE, certify that a true and correct copy of Plaintiff's Response to Defendant's New Matter was served upon the following individual on March 29, 2012 by first class U.S. mail, postage prepaid, by depositing the same with the United States Post Office, Jenkintown, PA 19046: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 DATE: 3/29/12 S X. GRIMES, ESQUIRE for Plaintiff rTj - a - PARKER McCAY P.A. , By: Chandra M. Arkema, Esquire _ = - a- Attorney I.D. 203437 _ - 9000 Midlantic Drive, Suite 300 .D P.O. Box 5054 - Mount Laurel, New Jersey 08054 (856) 810-5815 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Deutsche Bank National Trust Company as Trustee Under the Pooling and Servicing Agreement Series ITF RAST 2006-A3 CIVIL ACTION MORTGAGE FORECLOSURE Plaintiff, V. Jeannie Mohmand Defendant, And Joshua Kesler Terre-tenant. No. 11-8702 Original Docket No. 06-6376 PRAECIPE TO REINSTATE WRIT OF REVIVAL To the Prothonotary: Kindly reinstate the Writ of Revival issued on or about November 17, 2011, at Docket No. 11-8702, a true and correct copy of which is attached hereto as Exhibit A. Parker McCay, P.A. r1w BBy:/ J7 Chandra M. Arkema, squire Date: 3/29/2012 -*(1.75 PD A TTY e* 3'8q g7 ?.* a7.3a31 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series ITF BAST 2006-A3 888 East Walnut Street Pasadena, CA 91101 Plaintiff, V. Jeannie B. Mohmand 4020 Lisburn Road Mechanicsburg, PA 17055 Defendant, Joshua Kesler 245 North 25'h Street Camp Hill, PA 17011 Terre-tenant, CIVIL ACTION LAW No. 11- 870 CIVIL TERM Original Docket No. 06-6376 Action In Mortgage Foreclosure WRIT OF REVIVAL To: Joshua Kesler You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of the judgment entered to No. 06-6376 Civil Term The Plaintiff claims that the amount due and unpaid is $377,750.55, with interest from September 3, 2008. You are required within twenty (20) days after service of this Writ to file an answer or otherwise plead to this Writ. If you fail to do so, Judgment of revival will be entered. costs $ 1,8,2o. qq PO ATry $ a.oo due do 1 David D. Buell, Prothonotary Date: (SEAL) Deputy Chandra M., Arkema, Esquire Parker McCay, P.A. 9000 Midlantic Drive, Suite 300 Mount Laurel, NJ 08054 (856) 810-5815 ID# 203437 'HIONO STOCK & GRIMES, LLP Attorney for Plaintiff BY: Francis X. Grimes, ENS X21 P' 2? I ?+ I.D.#62404 804 West Avenue rj LRLAN'0 C0UNT Jenkintown, PA 19046 PEHM SYLVA NIA (215) 576-1900 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff CIVIL ACTION-LAW VS. No. 11-8675 CIVIL MICHAEL L. BUFFINGTON Defendant(s) PRAECIPE FOR SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Francis X. Grimes, Esquire, Attorney for Plaintiff herein, requests that the court notate its records that the Defendant, Michael L. Buffington, has filed a Chapter 7 Petition in Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania as of No. 1:12-bk-03586-MDF on June 13, 2012 as indicated by the Notice of Bankruptcy Case Filing attached hereto in regard to the matter. The undersigned hereby requests that,?_4e court Stay this case. DATE: 6/18/12 FRAN S X. GRIMES, ESQUIRE USBC PAM - LIVE - VERSION 4.3 https://ecfpamb.Llscourts.gov/cgi-bin/NoticeOfFiling.pl?221235 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 06/13/2012 at 5:41 PM and filed on 06/13/2012. Michael Lee Buffington 3605 Kohler Place Flat 44 Camp Hill, PA 17011 SSN / ITIN: xxx-xx-1693 The case was filed by the debtor's attorney Dorothy L Mott 125 State Street Harrisburg, PA 17101 717 232-6650 The bankruptcy trustee is: Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234-4178 The case was assigned case number 1:12-bk-03586-MDF to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes- Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy 1 of 2 6/18/2012 11:37 AM USBC PAM - LIVE - VERSION 4.3 https://ecf.pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?221235 Court PACER Service Center Transaction Receipt F- 06/18/2012 11:37:23 PACER Login: 1es0082 Client Code: -- Description: Notice of Filing Search Criteria: 1:12-bk-03586-MDF IBillable Pages: (1 Cost: 10.10 2 of 2 6/18/2012 11:37 AM STOCK & GRIMES, LLP By: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 BARCLAYS BANK DELAWARE Plaintiff VS. MICHAEL L. BUFFINGTON Defendant Attorney for Petitioner/Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO. 11-8675-CIVIL ORDER OF COURT AND NOW, a 9 Petition, and , 2012, in consideration of the foregoing Esquire ,Esquire , Esquire are appointed Arbitrators in the above- captioned action as prayed for. t-ane,-5 X. le-5 C DP; PS 1M.a • f ??? `7?3?i ? BY THE COURT: P.J. n _V= (neD N C --? ? rn ? C > C= : -- - ? y« BARCLAYS BANK DELAWARE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 11-8675 CIVIL MICHAEL L. BUFFINGTON, Defendant ORDER AND NOW, this 1( day of July, 2012, it appearing that the defendant has filed a Chapter 7 Bankruptcy Petition, the appointment of the Board of Arbitrators in this case is VACATED. ? Francis Grimes, Esquire For the Plaintiff V Michael Pykosh, Esquire For the Defendant Am ?- ,eg BY THE COURT, Kevin-A. Hess, P. J. ?„ 4 4 Zrr :71 J