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Home My WebLink About09-0483IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA No : 09 - digs Plaintiff VS. MELANIE J MCGUIRE Defendant 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06979006 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No MELANIE J MCGUIRE 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 (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: MELANIE J MCGUIRE 4064 DARIUS DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2648 4. Defendant made use of said credit card and has a current balance due of $5597.81 , as of November 03, 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 15.900 per annum on the unpaid balance from November 03, 2008 . A copy of Plaintiff's STATEMENT 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 , MELANIE J MCGUIRE , INDIVIDUALLY , in the amount of $5597.81 with continuing interest thereon at the rate of 15.900% per annum from November 03, 2008 plus costs. fames c. WELTMAN, 436 Seve Pittsbur (412) 43 FAX: 41 06979002 This law firm is a debt collector attempt our client and any information obtained w NBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 55 -7130 Pit CFR to collect this debt for be used for that purpose. C'apiwOne• NOT PAYING YOUR DEBT 500013 what's in your wallet?• DOESN'T MAKE IT GO AWAY. 02007 Capital One Semites, Inc. Capital One it a federally registered sermice mark. All rights reserved FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$4,864.33D - $0.00 + $66.22 + $39.00 = $4,969.55 $911.00 Mar. 05, 2008 Jan. 10, 2008 - Feb. 09, 2008 Page 1 of 1 PLE45E PAY AT LEAST TMS AMOUNT MasterCard Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report 52014923-2'2U8 the charged-off status to several rational credit bureaus, and the Purchase APR as reflected on this Your Account Information statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due on your statement or give us a call at 1.800.555.6600. YV II work with you so you can TOTAL CREDIT LINE $7,600.00 take control of your account and start rebuilding your credit with Capital One. TOTAL AVAILABLE CREDIT $2,630.45 CREDIT LINE FOR CASH $1,520.00 Payments Credits & Adiustrients AVAILABLE CREDIT FOR CASH $601.00 , Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $3,991.45 0.04356% 15.90% $53.90 Cash $912.34 0.04356% 15.90% $12.32 ANNUAL PERCENTAGE RATE applied this period: 15.90% ® At Your Service 14!00405.7070 To cal Customer RdeBorm orb report a bd ordo n cad Transactions 1 04 FEB PAST DUE FEE $39.00 As you asked, we've designated your account to close. Please note that your account balance must remain at $0 for two consecutive monthly statements before ft's closed. Please oontkwe to make necessary payments on your account and stop arty automatic payments or pre-au9araed charges you may have set up. If you make any charges on your Capital One credit card before your account doses (inducing automatic or pre authored charges), your account will remain Open and we'q remove the request to dose your account. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. ® Send payrunts to: A Capital One Balk • P.O. Box 70884 • Chartists, NC 28272-MM Send logNties to: Cepild One P.O. Box 30285 • Sat lake City, UT 841304286 ® Have a question about a charge on your statement? Phrase refer to the Bi ling Rights Summary on the back of your statement or visit www.cadWone.com/dwutes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WW W.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE. C?WC)ne I what's in your wallet)' In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement by the due date to eliminate the risk of being charged off. 0 5291492338522648 09 4969550211000911008 New Balance Minimum Payment Due Date $4,969.55 $911.00 Mar. 05, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank 1111111111111111111111 P.O. Box 70884 Charlotte, NC 26272-0884 InIdLIInIL11111111LIII1111111d11Ld111111111611111111 Account Number: 5291-4923-3852-2648 Please print address or phone number changes below using blue or black ink. Home flrone A/temafe Ahom E-mail addrext p #9004108335732234f1 MAIL ID NUMBER MELANIE d MCGUIRE 2115 WENTWORTH DR CAMP HILL, PA 17011-7450 III 11111111111111111111 111111111111111 1111111111 111111111111 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. MELANIE J MCGUIRE 00 09 1. How b Avoid a Finance Charge. t a Grace Period, You VIN have a minimum grace period of ays purchases 1nance 22 d withou h rg on n Your average dolly balance by the dairy periodic rate and by to number d days In to billing period. Due to 7. Using Your Account. Your Cod or sooount cannot be used in 5 ac e n, new sp e a nor Charges t you pay your total -New so~ In IOUndinng an a dally beak, tan may be a slight variance betwwas this Calculation and His amain or Tnanoe connection with any bmenid gaffMW transactions. a Notoe Aboul ElaeUdOe chock Conversion , accordance with the ImporNM NoNa for payments below, and in vine lor It to be maw by your nod statement tangs actually arressed. 1 Annual Percentage Rates (APR} When you provide a deck as payment, you authorize us either to ties Information Tom your check to make a one-time daNpdent.Thee graa Period on ash advancb a. The korm"Annual Percentage Rae" may appear as 'APR" on Te front of this ails rnal eNatronb sued trnsterfrom your bank account or to process the payment as a deck Ianasction When we use and aspecial ny vans bareNs. In addition. Tess is no grace period on cry wbon N you do not pry the Wool "New Wastes- D. time code P ( Pine), L (Quarterly LIBOR). C (OarNfiy CD), «S Pee) appears on the . Inf omatlon from your deck to make an eNCbonle tut irarefx, trtda may be NANatawan TCin your hank eceowht as b. Aooning Finance Change. Transactions which an not srDJsd to a grace period N aeseeaed same catge 1) front of this statement neat to the Wodb sb(r,), the po ndina ANNUAL more sold R m soon as to urns dry wan reCaNe Your Payment, and you vAll from your flnendal irotlluaon. not GO MOW BI N To mtedeeedte transaction or 2) then the deft the Daneadfm N pnocaased b your Aauwn or 3) Tom the PE CENTA GE RAT m o norease«daaRwA7e d the has Yarn SUMMARY Pn CaedErrora orOuad.aWAY.BNq If tha TMcalae ady of the ClA ad bilng period AddNbneIty, If You did net pry to Nm Balance tom the prevlas herald In The Wait SOW Journal, plus iha moron ptevbusly disclosed to you. Time charges will be etectheon tleTM of day Vow Win eriod wined you nk your bill N veo% or If you need more urtormetlon on a traeacti n or bilk wits to us on a separate shag a soon as poste at the atlases for b1cluldes shown on than Mm of this wiling paw In TN swee dailies omb" to sooner to full. ? ? flat you ou a am unpaid owe finance balance Is N oh halo In g p Jeby your periodic $U*Twit wWft remy, my OW October in 1M Morris; a - statement We mice hear from later we ? YOU the that be on which to error or than W pnblemnappeafter ared. Y awn you pay the entire yeNonv Balance Indicated on & ftord of your eaierrrnt by the nod still~ Closing ekelnD rive C. if tie code D 1Montity Pfimal F IM01" LIBOR). or G (TbAstiry LIBOR) appeals on the tat of your ou an Car our Customer Reatons number, but doing so will not preserve your right. In your IMw, gift us to fomi g I f , Dut ddal i da pnvbue month. Unpmd stance sfabn tent nod to to Periodic wtsp), Te pMOdk race and oorrespondirg ANNUAL PERCENTAGE RATES ormation: Your none at aawwd numhor. the dolW.mum n of to suspected am, a description of the armrand an charges; are added to the applicable segment of your Account may very mofthy and may kheres" adaereess based tpbna , If posebe. of very you balWA two is an error, a N t c. M Fhatna C For each billing period tut on the stated Indian, as face in The Wait Shan Journal. PTU to margin pnwiafsly disclosed b You You need more Information, a daaalpflin d1M Nam you am ueae about. You do not haw to pry any amount it, question acc to a a m Your account N aWJai Ananos total FINANCE CHARGE of *o.5D wilt f0.60 da Imposed. a minimum se . There draingres will beeaectheontagthat day of your bNNng eaM na ll . igetlngILbutyouerestn obligated to pay the Pura r b?Tat all not in duration While e total finance char" forwou np taw application Periodic 111460) is Mu than Sg Sf W Wad tu Awassimard 4. d ? ? ? nt too, 00111101 uent «take am roiw° . amount taste $0.60 minimum and the dMSronce vAN be Wad b to Purchase segment dyour account so Feft muwiN M aaaeeed rm ie tlan?tl a to bas toted hen tat occur during any WNM "Mod. a to cobad the Miamt you question 3, t Special Rule forCndit Cad Purdesee t d. T Reduction In Finance C hagawe reserve tit b 11101 """ an «a1 T h lhMaTUbins of yda•austoner agreement. via reserve the fight b waive or not b Assess o fees whoa poor If you haw a problem with the of VuaNy pntpstly a earvker tat You PXOMW with a credit Caro at you have Ilea In e name c y arges for any Given billing Period lion to you winced Waling our fight b Assess 1M same orskrdv few at a btertme fath b Correct the proENm with the mordant, you may hav fight not b pay to M Mime amount der an to property or 2. Av MDaily Balance ndudkp Now Paehassw} M pykq to dally balance d . t 6. Rww&" Your Account N a memMrship 1es appears on the front of your statement you have 30 days hom to services. You have this Protection City wen to Purchase Price was more than $60.00 at tag puronese war, made In your each asprtent of your account (agg..ash advance, WrchAs4 special broMNr. at special purchase) by the , dab Into satament Was rraNed to you b avoid paying tag fee orb have such m dadhed to you N you ancal our horre scab «WT1M 100 Mhe of your MMWC eedms. (Ifwe °Ne Or operate to meronart, a if wan malled you tag Corresponding dolly Periodic mWa) ton has bosh previously dtsClaed to you. At the at of each dry duMg the Wing y aunt wthat having to pry the m em?barshlp ban To erthremard to M property or services, all purchaea an an' covered re ardass f t period. in apply the dally periodic fees breach segment of Cancel Youracoauld you Man rio* us by aerg our Customer Rotational and pay your New g amoun o or location of purchase.) Please ro ember to sign all earasporMeme . YOM the and eaoorat b the dally balance of each aspnerht Than at d these of the b& Mw l d up th Salience' n sti (exckrdi g to m0it"ship In) prior to the at of the thnyday Pabd t Does not apply to ooMUnw noncredit Card aoooUnIS y ak s at Yana e Tente for each segment. We add LIP tag muto from each °prvut to .five at the IoW Periodic lance champ for Yom account . 8. It You Cow Your Account. You an reWAst to close your exaan by cal" ourCatama Relotoe Oaae not apply to business non-credit cafd accounts To gee the dairy MW" for each segmentyrwYour eta ur we take tag beginning beWroe foreadh sa Department. You oast do" Your Credit card($) at account access Checks, ? o ulhalzed billing Ca" M? supports privacy prdedkn! see our any new VWWACWN and ary periodic swlea surge Calculated age pravkur dye bWna fort at ment ur at dare rsl Yon+r ngussl to ekes. If YOU Continue to Instead «do not Cancer pmumorlud we Tan subtaa ay Payments «CiedM pave m Of that NgNq arrangements, we trill carokler neoalpt of a dirge our autadzeg t k FlManciall Ce Na apo? al it reoe" nowrvved o 20M CCa itC a?l0-One day that am allocated to to seprrwt This gNas us the separoN dolly balance toreaon segment dyour mount m o y eep your account open. Addsonoly, your sabai will not be closed until you pay all amounts p , Hmww. T You Paid tie Neer Balance shown on your Psvbus r,abnem In lot («TYour now balance was zero or aYou cawrmedd. Including: charges. stransactio . Past der tie feas, you Mve t b 1Mnerntl an, ? post a credit amorat), how transactions, which post to your = egmen an n ot added to the s any refueled! Payment lleof four ' cash advance rs and d any cater Joss oresersaw to Your awount. W i yy dallNyy balaroas . We colowileft the N addrg ON the dally balances together dNlltlNlp to sum tyre ,, wt", app w your woad at to r accours equest 10 el the a " re by the nomberof to dyer In to Curran biing cycle. To C"108yourbtelMancedw e =11 y UMepwnt to your request 10 dote account. the may This may mullnchirgasapp""onyouracooratafNryou hwe g , p ngUBtad to amountt to be dosed. TC-08 01 DMW66 -1 -64110107 YspaYtNafse Passerby- Mal bowl bsaed od Wyo. aoaee adM buffers day wan rmha & Provided (1) yw sno b bdlom Palm d ti sisbner cent yarded h M sndesersnabasaekpeaw(2) yes ppnaRNroerhed h err RotmssllY cant by3Prn Er(12nsan Pry. paseealwldlaMM(6)DaeewayalarPwleldM.wY•Pairsarb reoeYad b/a NaryoMbraam an ary c er fan may rotbaaedMdadMdywe reaNe berm. Owbakeerdip wan lift" trough Sandy, ealudnhddes. Flaase dond useatoflra pww dips, W. Mai pniarng ym pgsat •w CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MELANIE J MCGUIRE Defendant(s). VERIFICATION 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 an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, informati7Z, elief. t i Dated: I a laoo? uuo__L? Nichole Reid A049 WELTMAN, WEINBERG & REIS CO., L.P.A. W N .tj O ? 3 LQQ??? CJ W "?3 r-- r?- :q SHERIFF'S RETURN - REGULAR CASE NO: 2009-00483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS MCGUIRE MELANIE J SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon MCGUIRE MELANIE J the DEFENDANT at 0018:10 HOURS, on the 5th day of February-, 2009 at 4064 DARIUS DR ENOLA, PA 17025 MELANIE MCGUIRE by handing to a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.70 Affidavit .00 Surcharge 10.00 .00 39.70 Sworn and Subscibed to before me this day So Answer R. Thomas Kline 02/06/2009 WELTMAN, WEIN G EIS c By: Dep Sheriff of A. D. N c U:LLI LLJ l i s.. (L c= c Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), NA, Plaintiff V. CIVIL TERM (LAW) NO. 09-0483 CIVIL MELANIE J. MCGUIRE, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW COMES the Defendant, Melanie J. McGuire, by and through her attorney, Joseph K. Goldberg, Esquire, who files her Answer, with a New Matter, as follows: ANSWER 1. Admitted. 2. Admitted. 3. After reasonable investigation, the Defendant is without sufficient knowledge or information with which to admit or deny the averments of paragraph 3, and the averments are therefore denied. 4. After reasonable investigation, the Defendant is without sufficient knowledge or information with which to admit or deny the averments of paragraph 4, and the averments are therefore denied. 5. The averments of paragraph 5 are conclusions of law to which no response is required. To the extent a response is required, after reasonable investigation, the Defendant is without sufficient knowledge or information with which to admit or deny the averments of paragraph 5, and the averments are therefore denied. 6. The averments of paragraph 6 are conclusions of law to which no response is required. To the extent a response is required, after reasonable investigation, the Defendant is without sufficient knowledge or information with which to admit or deny the averments of paragraph 6, and the averments are therefore denied. 7. It is denied that the Plaintiff repeatedly requested the Defendant to pay the balance it claims is due. WHEREFORE, the Defendant respectfully requests this court grant judgment in her favor, with costs assessed against the Plaintiff. NEW MATTER 8. The Plaintiffs claims are barred by the statute of limitations. 9. The Plaintiff's claims are barred by the statute of frauds. 10. The Plaintiff is not entitled to the interest and fees claimed in its Complaint. WHEREFORE, the Defendant respectfully requests this Court dismiss this action with prejudice, with costs assessed against the Plaintiff, subm K'Goldb , Esquire Aft ney ID No. 46782 2 0 Linglestown Road, Suite 106 arrisburg, PA 17110 (717)703-3600 Attorney for Defendant VERIFICATION I, Melanie J. McGuire, hereby state that I have reviewed the foregoing Answer with New Matter, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: /? CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the IT day of "an 009,1 1 served a copy of the foregoing Answer with New Matter, by first-class mail, postage prepaid, upon the following: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A. Suite 1400 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff n - '1 f co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff, VS. MELANIE J MCGUIRE, Defendant. No. 09-0483 CIVIL TYPE OF PLEADING: PLAINTIFF'S REPLY TO NEW MATTER 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6979006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff, No. 09-0483 CIVIL vs. MELANIE J MCGUIRE, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through its counsel, James C. Warmbrodt, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 8. Paragraph I of Defendant's New Matter is denied as a conclusion of law. 9. Paragraph 9 of Defendant's New Matter is denied as a conclusion of law. 10. Paragraph 10 of Defendant's New Matter is denied as a conclusion of law. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. By: James C PA I.D. Esquire 1400 ppers Bldg. 436 S venth Avenue PittOurgh, PA 15219 (414434-7955 WWR # 6209387 CERTIFICATE OF SERVICE I certify that I served a true and correct copy of Plaintiff's Reply to New Matter by First Class Mail, Postage Pre-Paid, on the X' day of V(kf0,,h2009, upon the following: JOSEPH K GOLDBERG ESQ. 2080 LINGLESTOWN ROAD SUITE 106 HARRISBURG PA 17110 By: ?dt, Esquire a VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn 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 Plaintiff s 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. RLED--4l=r ICE OF THE PROTHMTA9Y 2009 APR -2 AM 9: 02 ONjUNTY PE*ZY .y/'V yfr\ r. v? F T 2010 OCT 12 PM 3- ! UM ENNSYLV ANIA T?' P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No. 09-483 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE MELANIE J MCGUIRE Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#6979006 SGB IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-483 CIVLI. TERM MELANIE J MCGUIRE Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTTN, WEINBERG^/& ?EIS CO A. By: lkw ' Lyndsay E wlan , squire PA I.D. #2Q'5 20 WELTMA , WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6979006 Sworn to and subscribed Before me the 7 Day of OTARY PUBLIC TM of pENINj LVAPIIA COMMON nal 5eet n, Notary public 5ht 6.9eva Alleytrany County F tae Nov. 15, 2010 M GantrriltWosn e>7en et Notarles CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Praecipe to Settle Discontinue and End With Prejudice to Refile mailed on the 7_ day of 2010 by United States first class mail, postage pre-paid, addressed as follows: Joseph Goldberg, Esquire 2080 LINGLESTOWN RD, SUITE 106 HARRISBURG, PA 17110 Weltman, Weinberg & Reis Co., L.P.A. Warmbrodt, Esquire for Plaintiff