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HomeMy WebLinkAbout06-6473IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. FLOY A KEENY Defendant No: Q - SOY !v 01U1 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 05467486 C A Pit VOC 4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No FLOY A KEENY 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: FLOY A KEENY 133 2ND ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5291071635959693 . 4. Defendant made use of said credit card and has a current balance due of $1920.09 , as of October 12, 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 25.9000 per annum on the unpaid balance from October 12, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , FLOY A KEENY , INDIVIDUALLY , in the amount of $1920.09 with continuing interest thereon at the rate of 25.900% per annum from October 12, 2006 plus costs. W - James armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 S h Avenue, Suite 2718 Pitt PA 15219 (4121 4)3-7955 FAX:;` 438-7130 054,674 A Pit VOC This law firm is a debt collector attptring to collect this debt for our client and any information obtain d /will be used for that purpose. Your account is delinquent _.t protec t your credit with us, you need . to make a payment. We want to help! -:} We can help-but only if you call us. - When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! >> >> 1-800-479-7231 014,1: CapitalOne, Account Summarv Pre%?ous Balance $89038 Payments, Credits and Adiusrnmrs $.00 Transactions $;8.X Finance Charges $19.7; New balance, $968.15 Minimum Amount Due $968.15 Payment Due Date An gust, 2003 Total Credit Line $500 Total Av-Zdable Credii $.00 Credit Line for Cash $500 Atuilable Credit for Cash $.00 At vour service To <aD Cus v- R6.uon. or to repon . lost or amlencar& 1-800-903-3637 For fr«. online a<munt >wi« a nd ,p«;al a,rtomc offm, iq ww...capitaloncmm S-d pavnr«rtx to: Send inyuirim ro: Attn: Remittance Proc mg Capin] One Seo'k. Capital One Swim P-0. Bor. 85147 P.O. B. 85015 Rmhrnond. VA 23276 Richmond. FA 23285-5015 MASTERCARD ACCOUNT 5291-0716-3595-9693 KIN 2S - TUL 27, 2003 Page 1 of I Payments, Credits and Adjustments This is our third and final notice that vour accoum is seriously pas due. Payment mus be received within. 72 hours tc avoid action be our collection department Transactions 1 28 RCN 011ER11,4:T FEE $29.00 2 27 Jai PAST D-,iE FEE 2400 You were assessed a past due fee of f29.0u or. 05!27'2003 because your minimum payment was not received by the due date of 07/26/2003. To, avoid this fee in the future, we recommend that yot allow at least 7 business dal, for your paNmem tc reach Capital One. EXHIBIT F"mance Charges Pie-se .see - -e rid for i giant inf -lion Ra:m.«.ar. ` iul r Fnmd:. C .?.v.,char ?tV E?& E app o - PURC?i4SES f928. 90 smc .0709696 R 25.utq, f15.777 CASH 1.00 .0709696 25.90% 1.00 A-NNTUAL PERCENTAGE RATE applied this period 25.90% ? PLEASE RETURN PORTION BELO"-vN'ITH PA5'MENT. Capffa,?1 uf 0000000 0 5291071635959693 27 0968150015000968159 rrasr prmr maums aaareu and m r-mdi? :?anpn tirlor:: m;,hg blur w nir< MR. New Balance $968.15 Minmum Amount Due $968.15 Payment Due Date August 27, 2003 Total endosed $ ---? Account Number: 5291-0716-3595-9693 Capital One Bank. P.O. Be 85147 ltlululrlnllrlrlnl Richmond, VA 23276 lnlrlttllhulrlluhlhllnllurllthrllurlltnllmllnrllml .lee. 4;; k ,uh< Z*.= .:..me Phone Alrern??.e on<?. #9020869397306957# DeAIL ID NC7MBER FLCY A REEATY d 133 2ND ST o ^'t "I. JOi,A PA 1 7 025-32 04 0 0 ° ? lmillnrllluutltlrhlutllnrlrl!lnnlnlnllnhllhllnr! r Pic-se -acv- von -.w numb, -y- d"ce o? mnrn? aran made pavat is re, Capita' One Bark anc mai. do the enci¢reo en-iopC. VERIFICATION The undersigned does hereby verify subject to the pe alties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is me I (-CL AME) of (l P k. plaintiff herein, that T LE) (COMPANY) 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. (S NATURE) W WR# ?? vt © ? d -77 C. , SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-06473 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS KEENY FLOY A R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: KEENY FLOY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , KEENY FLOY A 133 2ND STREET NOT SERVED , as to ENOLA, PA 17025 DEFENDANT FILED BANKRUPTCY. HIS ATTORNEY IS GEOFFREY BIRINGER (717) 243-9400. Sheriff's Costs: So answer -- Docketing 18.00 1 Service 13 20 Affidavit .00 R. Thomas K ine Surcharge 10.00 Sheriff of Cumberland County .00 21 0, WELTMAN WEINBERG REIS 11/09/2006 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. FLOY A KEENY Defendant No. 06-6473 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467486 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6473 CIVIL TERM FLOY A KEENY Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: w William T. Molczan/ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05467486 yr TD w t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK No. 06-6473 CIVIL ACTION - LAW VS. FLOY A KEENY Plaintiff Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No. 1028, Defendant Keeny, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint demanding damages in the amount of $1920.09 plus, interest, costs, and attorneys' fees. 2. Plaintiff has failed to attach to the Complaint a signed written contract between Plaintiff and Defendant. Although this contract would form the very core of Plaintiff's case, such a writing has not been appended to the Complaint, nor its absence explained, as required by Pa. R.C.P. No. 1019(i). r,. w` 3. Although Plaintiff avers that a credit card was issued to Defendant in, no such cardholder agreement was attached to the Complaint. WHEREFORE, Defendant Keeny, demands that Plaintiff's Complaint be dismissed. II. MOTION TO STRIKE/INSUFFICIENT SPECIFICITY OF PLEADING 4. Paragraph's 1-3 are incorporated herein by reference hereto. 5. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 6. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiffs claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 7. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Keeny demands that Plaintiff's Complaint be dismissed. Date: MIDPENN LEGAL SERVICES By. ' eoffrey M. Biri ger, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 18040 C"> ? ? r? ?? . .. c =? - ? n [- ? ? ,_ "t7 _ ?, .. _ '1 ?? = _ t°: i -_' _ ' ??} ?G . ? r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO: 06-6473 CIVIL ACTION - LAW V. FLOY A KEENY Defendant Affidavit of Service The undersigned hereby certifies that on the below stated date, he served a true and correct copy of the within Defendant's Preliminary Objection to Plaintiff's Complaint, by mailing same to the office of Plaintiffs attorney of record by regular first- class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 MidPenn Legal Services Attorneys for Defendant Geoffrey M. Biringer, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 18040 r^? ?„' O ?_ s: ? :'} c? ? . ?,'. :? ,._. _ ? , _- ?? ` ? ,, -?:.. -- : SHERIFF'S RETURN - REGULAR CASE NO: 2006-06473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS KEENY FLOY A MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEENY FLOY A the DEFENDANT , at 2038:00 HOURS, on the 8th day of June 2007 at 133 2ND STREET ENOLA, PA 17025 FLOY KEENY 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 14.40 Postage .41 Surcharge 10.00 .00 ?li9lOv 42.81 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 06/11/2007 WELTMAN WEINBERG REIS By: Deput eriff day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. FLOY A KEENY Defendant No.06-6473 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR#05467486 $2,774.17 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. FLOY A KEENY Defendant Civil Action No. 06-6473 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, FLOY A KEENY, in the amount of $2,774.17 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff FLOY A KEENY, By: Defendant ^V WWR#05467486 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6473 CIVIL TERM FLOY A KEENY Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, FLOY A KEENY, above-named, in the amount of $2,774.17 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2,774.17 with continuing interest thereon at a rate of 6.00% per annum plus costs from July 23, 2008. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, FLOY A KEENY, in the amount of $2,774.17 plus continuing interest thereon at the rate of 6.00% per annum from July 23, 2008 and costs. 3. All payments are to be made payable to the order of "CAPITAL ONE BANK" 4. Any payment made under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 2718, Pittsburgh, PA 15219. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6473 CIVIL TERM FLOY A KEENY Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, FLOY A KEENY, above-named, in the amount of $2,774.17 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2,774.17 with continuing interest thereon at a rate of 6.00% per annum plus costs from July 23, 2008. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, FLOY A KEENY, in the amount of $2,774.17 plus continuing interest thereon at the rate of 6.00% per annum from July 23, 2008 and costs. 3. All payments are to be made payable to the order of "CAPITAL ONE BANK" 4. Any payment made under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 2718, Pittsburgh, PA 15219. / Tµ Intending to be legally bound, the parties set their hands and seals this! day of 4aco. , r 2009 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 4 w ?f Patrick Thomas Woodman, Esquire WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR No. 05467486 y ???oTo By: Defendant LOY A KEENY 44 J-p w r-a CZ) C 77 C -j-" ,C> _' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6473 CIVIL TERM FLOY A KEENY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on TWO (xx) Assumpsit Judgment in the amount of $2,774.17 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary FLOY A KEENY 133 2ND ST ENOLA,PA 17025 By: A# A PR HONO ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-6473 CIVIL TERM FLOY A KEENY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Judgment was entered against you on r? ?7_ ?DOf3 (xx) Assumpsit Judgment in the amount of $2,774.17 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary GjjDffrey Biringer, Esquire MIDPENN LEGAL SERVICES 401 E LOUTHER ST Suite 103 CARLISLE, PA 17013 By: PRO ONOTA )