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Home My WebLink About06-6326 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT L BUCKHEIT Defendant No : p( - I IX. COMPLAINT IN CIVIL ACTION 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 05467844 C A Pit KEB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No ROBERT L BUCKHEIT 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 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: ROBERT L BUCKHEIT 904 SCOTTISH CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 5291152021675695 . 4. Defendant made use of said credit card and has a current balance due of $2531.31 , as of October 11, 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 19.800% per annum on the unpaid balance from October 11, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , ROBERT L BUCKHEIT , INDIVIDUALLY , in the amount of $2531.31 with continuing interest thereon at the rate of 19.8000 per annum from October 11, 2006 plus costs. Jajr;t? rmbrodt,42524 WEW INBERG & REIS CO., L.P.A. 43Avenue, Suite 2718 PiPA 15219 (4-7955 FA-338-7130 05 C A Pit KEB This law firm is a debt collector att i.ng to collect this debt for our client and any information obtaine will be used for that purpose. c7n ?, t CD -n CD --4 Lai r! 1 ?? CZ) SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06326 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUCKHEIT ROBERT L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUCKHEIT ROBERT L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT BUCKHEIT ROBERT L 904 SCOTTISH COURT MECHANICSBURG, PA 17050 DEFENDANT IS IN FEDERAL PRISON IN BRAXTON, NORTH CAROLINA. Sheriff's Costs: So answers: - r--?- Docketing 18.00 " Service 8.80 -' Not Found 5.00 R. Th mas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80? WELTMAN WEINBERG REIS L) 11/13/2006 Sworn and Subscribed to befor e me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ROBERT L BUCKHEIT Defendant No. 06-6326 PRAECIPE TO REINSTATE COMPLAINT 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467844 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6326 ROBERT L BUCKHEIT Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: F-- JAMES C W BRODT PA I.D. #4 2 WELTM EINBERG & REIS CO., L.P.A. 2718 Ko ers uilding 436 Sev nth Avenue Pittsb gh A 15219 (412 43. -7955 WWR #05467844 9 14 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ROBERT L BUCKHEIT Defendant No: 4?L - COMPLAINT IN CIVIL ACTION 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 05467844 C A Pit KEB c? a 0 z ,-'? o ? • T . ' fw y Ti 1V i -1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ROBERT L BUCKHEIT Defendant No: COMPLAINT IN CIVIL ACTION 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 05467844 C A Pit KEB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No ROBERT L BUCKHEIT 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 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: ROBERT L BUCKHEIT 904 SCOTTISH CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 5291152021675695 . 4. Defendant made use of said credit card and has a current balance due of $2531.31 , as of October 11, 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 19.8009.- per annum on the unpaid balance from October 11, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" 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 , ROBERT L BUCKHEIT , INDIVIDUALLY , in the amount of $2531.31 with continuing interest thereon at the rate of 19.800 per annum from October 11, 2006 plus costs. James )43-79 rmbrodt,42524 WELT INBERG & REIS CO., L.P.A. 436 S Avenue, Suite 2718 Pitt PA 15219 (412 55 FAX 48-7130 05 78 A Pit KEB This law firm is a debt collector att .ing to collect this debt for our client and any information obtaine will be used for that purpose. qP V'peopiepa- online ?..1 A better way to Internet. Surf up to 5x faster?,011111 FREE Accelerafor fortheW 12rrswftr-a $60 vak st 1-888-587-9669 Mention Offer Code: DIAMOND visit www.peoplepc.com/go/diamond UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: I& Virus Protection powered t»? SymantecT" t Pop-Up BlockerT11 4?1 Spam Controls ap <& Smarter Smart Dialer Technology eA HEIT 450 ;99 sses jj,EC*NI $j Cj@A4Wjft5%1807 Capirtal oea COLD MASTERCARD ACCOUNT 5291-1520-2167-5695 Account Snmmarr Pavments, Credits and Adjustments DEC 16, 2003 - TAN 15, 2004 Page I of 1 Previous Balance Payments, Credits and Adjustments $1,556.4€ S. 0c This is our third and final notice that vour account is seriously past due. Payment must be received within 12 Transaaiotu f64.W hours to avoid action by our collection department. Finance Charges $26.85 Transactions New Balance Minimum Amount Due $1,647.37 $1,647.31 I 16 DEC OIBRLIMIT FEE f29.W Payment Due Date Februar 14, 2004 2 15 T.A_N CAPITAL ONE MONTHLY MEMBER FEE 6.00 3 151AN PAST DUE FEE 29.00 Total Credit Line 5900 Total Available Credit $.W You were assessed a past due fee of $29.00 on 01/15'2004 because yotr minimum pavment was not Credit Line for Cash $900 received bg the due date of 01/15/2004. To avoid this fee in the funtre. we recommend that you Available Credit for Cash $.00 allow at least 7 business days for vour payment to reach Capital One. At your service T. cell C-toma Relations or to report a lost or stolen nrd: 1-500-903-3637 For fire online acceunt scvia and sfwoal auIoma o$ets. log on vc. wwa.oapaalonarnm Send Pavmans to: Said q in. to: Attn: Remittance Processing Capital One Service CnPital One Service P.O. Box 85147 P.O. B. 85011 Richmond, VA 23276 Richmond VA 23285-5015 EXHIBIT Finance Charges Please ru>eoene rode far important information g Bal. . &r P-W? Cwrrryw+dmg d ?t r tr• >?• A .lepiv , r. PURCHASES $1,598.64 .05425% 19.80% $2ri.89 CASH %.Do .05425% 19.80% $.00 ANNUAL PERCENTAGE RATE applied this period 19.8040 ? PLEASE RETURN PORT]ON BELOVt' WITIi PAI'MENT. LlllCr 0000000 0 5291152021675695 15 1647370600001647372 Pra:: want maiimg acts:«, ond?w e-mail rhsnges brioas rung bit. or rirari mk New Balance $1,64737 Minimum Amount Due $1.64737 sae1; Ap, d Payment Due Due Febrt. 14, 2004 ZI^ S oe< Total endosed f tiowr pr- As-- Ph- Acmant Number: 5291-1520-2167-5695 41 R-L Add- #9001665178073516M KLIL ID NUMBER Capital One Bank ROBERT L BUCKHET-T r Box 85147 P.O {1Iu{{Inn1uI119111 904 SCOTTISH CT 1 . Richmond, VA 23276 MECHANICSBURG PA 1?050-180? 1111111. 11111111{.11111{11{11111{ 011{10111{11111MIIu1II0111 c {u1I11m{{11111{111{Tutu{{{nI1{1w{w{{{tutlu{Im{{ Pieare write your account numho on your cback ar money order mane payable te• Capita' Onr Bank and mail in thr eaclared enroeiopc. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) authorized agent of Capital One Bank, plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATUR ) WWR# yr ` .S1 77 ?.-- , =ri CI _0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06326 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUCKHEIT ROBERT L A 1 R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. -1- T TTTM I XT/ M1 I`Tl but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , BUCKHEIT ROBERT L 904 SCOTTISH COURT MECHANICSBURG, PA 17050 DEFENDANT IS BELIEVED TO HAVE MOVED TO DILLSBURG. A. D. Sheriff's Costs: Docketing Service Not Found Surcharge Postage Sworn and Subscribed to before me this day of So answers 18.00 10.00 5.00 R. Thomas line 10.00 Sheriff of Cumberland County WELTMAN WEINBERG REIS 04/15/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, V. ROBERT L BUCKHEIT, Defendant. No. 06-6326 MOTION FOR CHANGE OF VENUE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467844 I s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff, VS. ROBERT L BUCKHEIT, Defendant.. No. 06-6326 MOTION FOR CHANGE OF VENUE AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis, Co., L.P.A., and files the following Motion for Change of Venue: 1. On or about October 30, 2006 Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On or about April 30, 2008 Plaintiff was notified by The Cumberland County Sheriff that the Defendant moved and has a new address in Dillsburg, PA., which is under the jurisdiction of York County, Pennsylvania. 3. On or about June 03, 2008 Plaintiff did a Post-Office Check and confirmed that the Defendant's address in Dillsburg, PA. is under the jurisdiction of York County, Pennsylvania. 4. Cumberland County is not the proper venue for this action. W WR No. 05467844 York County is the proper venue for this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order transferring this action from Cumberland County to York County, together with any further relief that this Honorable Court deems appropriate. PA 1.17. #)3598 WEL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467844 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification: cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE A true and correct copy of the within Motion has been served by U.S. Mail, Postage Pre-Paid, on °?3 Ycl of j)y)Q , 2008 upon the following: ROBERT L BUCKHEIT 124 TWIN HILLS RD APT 11 DILLSBURG,PA 17019 BY: Benjamin ler, Esquire PA I.D. WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467844 n ?- r-?;` ?..;. ?? ;, f ..?, ?z .. ?, :,, .ti =-?> _... .,.;. UUN 3 0 200 fL1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, No. 06-6326 vs. ROBERT L BUCKHEIT, Defendant.. ORDER OF COURT AND NOW, this day of Ty 1 , 2008, it appearing to the Court that the proper venue for this action is York County, Pennsylvania, it is ORDERED, ADJUDGED and DECREED that this action be and hereby is transferred to York County. By the Court, J. WWR No. 05467844 VINVAIASMUd AiNnoo ' C 4I W L" W, 30