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HomeMy WebLinkAbout08-2684l r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: VS. COMPLAINT IN CIVIL ACTION KIMBERLY A MCKINNEY 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06466629 C N Pit SMI :D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. KIMBERLY A MCKINNEY Defendant Civil Action No 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 (USA),NA 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: KIMBERLY A MCKINNEY 123 BRIAN DRIVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX5643 . 4. Defendant made use of said credit card and has a current balance due of $3149.00 , as of March 21, 2008 . 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 28.100W per annum on the unpaid balance from March 21, 2008 . A copy of Plaintiff's STATEMENT 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 , KIMBERLY A MCKINNEY , INDIVIDUALLY , in the amount of $3149.00 with continuing interest thereon at the rate of 28.100% per annum from March 21, 2008 plus costs. James C. mbrodt,42524 WELTMAN, WE BERG & REIS CO., L.P.A. 436 ST29 th venue, Suite 1400 Pittsh, A 15219 (412) -7 55 FAX: 3 8-7130 06466 N Pit SMI This law firm is a debt collector attem?g to collect this debt for our client and any information obtained ill be used for that purpose. - 7 L Y -. o0 - l W R R % -q O = oa ?nam =a x -ti - V ti - C - a F D X o Lo CO A ?0 3 < co c? N n?z-- :1 :9 NU . a O W W 3 Q O r m Iu sm A'A A W ?> <ti >Z N Y u ,70=W ?N nm Ii z O Ir I=1 M o s - N = r Z m A O A Co O, N W 01 N 4.1 O W N O ?O O? ?O N ?o 0 N N O O P 10 N ?O N n O c 7„ Z c n N W 01 A W b °o A o ? m ® 0 oS ?$ m ?3 oo o A ?gs rA 4 g uu ? y++ b ? o rn N O ?o ? a cn O O w X O m m ? m w m w?o? ? m ? ?8m ?° V s g V V V ?? 5 55 4 31$ ;1 aa a vov $ mmm 7I7 ? m 3 N n? X $s? mm p ?g In ?gm a ? 6 = c ?O MA 0 a ? Q 3 3 . ? m m° se am ?- a <p00 a g v Doarr S? mzam nmPV_ mom, lnmm g n ?mo IL H Ho S 1 7 !R H O O O S O S coos pa Z m m z m 8 v EA ? w o nLo O ? N o ? o a O !Y Si d ?Z N A Tm 1 a V A ? S ? w n 69 wZ a F cOD m m CO x 'A eo% rn 3 S •• m ~ Z e w CO eO N 3 O VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs MCKINNEY, KIMBERLY 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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to 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. / TRACY T ,( J - No is 5291151669285643 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 °?, Ui w QQ ?? l?J p^. /? ? ?? 5 '\ ©? N ? rea C'_' ``?' ca t_.? _. :? ? r? f 7 - i .. R.` - r ` • ! ? '.; r , ,;?? ._ ? !`.3 :7 ? 4i3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS MCKINNEY KIMBERLY A TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCKINNEY KIMBERLY A the DEFENDANT , at 1114:00 HOURS, on the 5th day of May , 2008 at 123 BRIAN DRIVE ENOLA, PA 17025 JENNIFER MCKINNEY, SISTER 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 Service Affidavit Surcharge So Answers: 18.00 F' P< 15.00 .00 10.00 R. Thomas Kline 43.00 05/07/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this day By of A. D. De ty Sheri f V& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No.: 08-2684 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE KIMBERLY A MCKINNEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6466629 of IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 08-2684 CIVIL KIMBERLY A MCKINNEY 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ??? Attorney for Plaintiff jJ 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6466629 SWORN TO AND SUBSCRIBED before me this day of 2008 TAR IC COMMONIN?-A? 1 qF PENNSYLVANIA No a.ia Seal EWendyLbGF'19hLI, <Notary Public uhi =teeny County ion E, irs;; uiy 15, 2010 Member, Penn glv .t,< _,? atron of Notaries r-.,) C.3 c:-.9 Tl C-0