UNITED STATES DISTRICT COURT
              FOR THE DISTRICT OF ARIZONA
             CASE NUMBER: CV06-402 TUR RCC
  
  RUSSELL E. CORBIN,               PLAINTIFFS
  ET AL
  
       vs.
  
  UNIFUND CCR PARTNERS,            DEFENDANTS
  ET AL

                      * * * * * * * *
  DEPONENT:           KIM KENNEY
  DATE:               MARCH 16, 2007
                      * * * * * * * *

  Jeanna Migliorisi,
  Certified Court Reporter

                     Barlow
                             Raising the Bar
                 Reporting & Video Services, LLC
                              620 Washington Street
                        Covington, Kentucky  41011
                                (859) 261-8440
  
                         INDEX
                                                  Page
  Cross-Examination By Mr. Icove                   5

  

  

  

  

  

  

  
  
       The videotaped deposition of KIM KENNEY, taken
  for the purpose of discovery and/or use as evidence
  in the within action, pursuant to notice, heretofore
  taken at the law offices of Steven C. Shane, Esq.,
  321 Fairfield Avenue, Bellevue, Kentucky on March
  16, 2007, at 12:19 p.m.,, upon oral examination, and
  to be used in accordance with the Arizona Rules of
  Civil Procedure.
                      * * * * * * * *
                       APPEARANCES
  
  REPRESENTING THE PLAINTIFFS:
  ED ICOVE, ESQ.

  REPRESENTING THE DEFENDANTS:
  CYNTHIA L. FULTON, ESQ.
  VICTORIA ORZE, ESQ. (BY SPEAKERPHONE)
  
  ALSO PRESENT:   CONNIE ADKINS-IHLE, VIDEOGRAPHER
                      * * * * * * * *

  
  
            THE VIDEOGRAPHER:  We're on videotape
            record.  Today is Friday, March 16, 2007.
            We are here to take the deposition of Kim
            Kenney at 321 Fairfield Avenue, Bellevue,
            Kentucky, 41073, in the case styled
            United States District Court for the
            District of Arizona, Russell E. Corbin,
            et al versus Unifund CCR Partners, et al,
            Case No. CV06-402-TUC RCC. I'm Connie
            Adkins-Ihle, the videographer.  The court
            reporter is Jeanna Migliorisi.  The time
            is 12:19 p.m.  The attorneys will now
            introduce themselves and state who they
            represent.
            MR. ICOVE:  Yes, my name is Ed Icove, and
            I represent the Plaintiffs in this case.
            MS. FULTON:  I'm Cynthia Fulton.  I'm
            here on behalf of Unifund CCR Partners.
            MS. ORZE:  This is Victoria Orze
            appearing by telephone on behalf of Barry
            Bursey and the Bursey Defendants.
            THE VIDEOGRAPHER:  Would the court
            reporter please swear the witness?
            THE COURT REPORTER:  Yes.
            KIM KENNEY, after having been first duly
  sworn, was examined and deposed as follows:
                   CROSS-EXAMINATION
  BY MR. ICOVE:
       Q.   Would you state your full name, please?
       A.   Kim Kenney.
       Q.   Where do you currently work?
       A.   Unifund.
       Q.   And what's the address?
       A.   10625 Techwoods Circle, Cincinnati, Ohio.
       Q.   Could you give me your home address, too,
  please?
       A.   8557 Denallen Drive, Cincinnati, Ohio.
       Q.   Could you spell Denallen for us, please?
       A.   D-e-n-a-l-l-e-n.
       Q.   How long have you worked for Unifund CCR
  Partners?
       A.   Four years.
       Q.   What capacities have you worked in?
       A.   I've worked as a customer service
  representative, a data entry representative and now
  media manager.
       Q.   Were those all promotions in the
  organization?
       A.   Yes.
       Q.   Was there ever a period of time that you
  did not work for Unifund CCR Partners?
       A.   No.
       Q.   In July of this year, excuse me, in July
  of last year, July 20th, 2006, were you employed by
  Unifund CCR Partners?
       A.   Yes.
       Q.   And you were, at that time what was your
  position?
       A.   At July of last year?
       Q.   Yes.
       A.   I was the media manager.
       Q.   Could you give me your duties as a media
  manager?
       A.   I oversee the documentation retention
  department.  There are six employees.
       Q.   And they're all responsible to you?
       A.   Yes.
       Q.   Have you ever been deposed before?
       A.   Yes.
       Q.   So you understand that if you don't
  understand my question, you can ask me to rephrase
  it?
       A.   Yes.
       Q.   If you answer a question, I will assume
  that you heard it and understand it and have given
  me your best recollection.  Is that fair to say?
       A.   Yes.
       Q.   I'm going hand to you Exhibit D and ask
  you, if you would, to look at that particular
  document.  Have you seen that document or similar
  documents before?
       A.   Yes.
       Q.   What is that particular document?
       A.   It's an Affidavit of Indebtedness.
       Q.   How is that document created?
       A.   That document is created through our
  internal department once an account is prepared to
  go to an attorney's office for further handling.
       Q.   Is it created in your department?
       A.   No.
       Q.   Do you know which department it's created
  by?
       A.   It's created within our IT department.
       Q.   Is there anybody in particular who creates
  those documents or are their various people that are
  assigned that duty?
       A.   I do not know who the particular person
  is.
       Q.   How do you normally get those documents?
       A.   They'll come, they'll notify me once they
  are ready, and they'll come in electronic format and
  be printed.
       Q.   They'll come to you in electronic format?
       A.   From our internal IT department.
       Q.   And they forward them to you, and then you
  print them out in the media department?
       A.   Yes.
       Q.   Then you sign them?
       A.   Yes.
       Q.   And then you sign in front of a notary, is
  that correct?
       A.   Yes.
       Q.   Then you send it to whatever attorney is
  assigned to the case?
       A.   Correct.
       Q.   On an average, let's say on a monthly
  basis, do you know approximately how many of those
  documents you sign?
       A.   I do not know an exact number.
       Q.   I don't need an exact number.  I was just
  concerned -- and just think about this on a ball
  park basis.  I know so much --
       A.   In a month?
       Q.   Well, you can give me a month or you can
  give me a year, whichever you feel more comfortable.
       A.   In a month, probably a thousand of them.
  That's a high-range number.
       Q.   And on a low range for a month?
       A.   Maybe 200.
       Q.   Do you sign all those documents in front
  of a notary?
       A.   Yes.
       Q.   And the person's name on that particular
  document that was the notary, what's her name again?
       A.   Karen Williams.
       Q.   Does she work for you?
       A.   Yes.
       Q.   In regard to that particular document, all
  the information that's provided to you is provided
  by the IT department?
       A.   Yes.
       Q.   Do you specifically verify any of the
  information that is contained on that particular
  Affidavit of Indebtedness?
       A.   I'm sorry.  Can you reword that?
       Q.   Yes.  Do you look at those particular
  documents, question them and verify that some of the
  information is accurate or inaccurate, or is that
  not your job?
       A.   Yes, I will verify them.
       Q.   How do you verify them?
       A.   I'll look through our internal system to
  verify the numbers that we have are showing on the
  piece of paper.
       Q.   When you're talking about numbers, you're
  talking about the amount due, the principal balance
  and the dates?
       A.   Account number, interest rate.
       Q.   Anything else?
       A.   No.
       Q.   What's that client number on the bottom,
  666?  Do you know what that is?
       A.   That's an internal reference number.  That
  number, we know that that's Bursey and Associates.
       Q.   How much time do you spend on each
  particular affidavit prior to signing it
  approximately?
       A.   One minute.
       Q.   I'm going to hand to you what has been
  marked as Exhibit E and ask you, if you would, to
  look at it, please.  Have you ever seen that
  document or a similar document before?
       A.   Yes.
       Q.   Is that a form document that is created by
  Unifund CCR Partners?
       A.   Yes.
       Q.   And it's created by Unifund CCR Partners
  in the ordinary course of business?
       A.   Yes.
       Q.   Is that particular document for a
  particular individual?  Is there an individual's
  name on that?
       A.   Yes.
       Q.   What's his name?
       A.   Russell E. Corbin.
       Q.   Did you review his account before coming
  today?
       A.   Yes.
       Q.   How did you review it?
       A.   I looked at the affidavit that I had
  signed, which is Exhibit D, and just looked at the
  account just to familiarize myself with the name and
  exactly what was appearing on the affidavit.
       Q.   Did you look at the screen for him or did
  you print off another affidavit, or how did you do
  that?
       A.   When we sign these affidavits, we do
  everything electronically.  So they're scanned into
  our system, so I was able to view this affidavit.
       Q.   Is there anything on there to the best of
  your knowledge that's inaccurate?
       A.   To the best of my knowledge, no.
       Q.   Did you look at a screen -- there's a
  document here that you might be able to help me
  with, Exhibit H.  Is there a screen -- well, first
  of all, can you identify that document?
       A.   This just appears to be a printout of an
  account information screen.
       Q.   Do you have an account information screen
  like that for every debtor?
       A.   Yes, we can.
       Q.   Does that keep all the information
  regarding that particular debtor in a particular
  location?
       A.   I'm sorry.  Your question?
       Q.   Does that particular document reflect all
  the information that you would have regarding a
  particular debtor?
       A.   Yes.
       Q.   Now, this one I handed to you wasn't
  Mr. Corbin's.
       A.   No.
       Q.   It's Marianne Forrest, and you'll notice
  that some of the stuff is redacted, which means it
  was taken out because it was attorney/client work
  product and it wasn't supposed to be given to
  another attorney or just dispensed with publicly.
  Is this a typical type of screen that would be
  printed out?
       A.   Yes.
       Q.   And all the information on this type of
  screen would also be available on the Affidavit of
  Indebtedness, is that fair to say?
       A.   All this information would be available?
       Q.   Well, if you went into the screen that
  we're referring to, would the information on the
  Affidavit of Indebtedness also appear on the screen?
       A.   Yes.
       Q.   I have another document here.  It's
  Exhibit C, and I want you to look at that if you
  would.  Have you ever seen a document like that
  before?
       A.   No.
       Q.   Is that the first time you've ever seen
  one?
       A.   Yes.
       Q.   Do you notice it does say Unifund II at
  the top?
       A.   Yes.
       Q.   But since you've worked at Unifund CCR
  Partners you've never seen any document like that
  before?
       A.   No, I have not.
       Q.   Would the information contained on that
  particular document also appear on the screen for
  Mr. Corbin?
       A.   The Unifund screen?
       Q.   Yes.
       A.   No, it would not.
       Q.   What information would not appear on the
  Unifund screen, and I'm just talking about the basic
  data?  What information would not appear?  I know it
  says Bursey, which is the law firm, but what other
  information would not appear, if anything?
       A.   The employer information.
       Q.   That wouldn't appear on your Unifund
  screen?
       A.   No.  It's not on our Unifund screen.
       Q.   So if you went back to work and you
  punched in Mr. Corbin's name, his employer or lack
  of employer would not appear on the Unifund screen
  similar to Ms. Forrest's which is Exhibit H that I
  just presented to you?
       A.   To the best of my knowledge, no.
       Q.   Where would it appear in the data that you
  have access to in the media department?
       A.   It would not appear.
            MS. FULTON:  Objection, foundation.
            MR. ICOVE:  She answered.
       Q.   How would you in the media department find
  out whether the person was employed, or is that just
  not your job to do that?
       A.   That's not our job.
       Q.   That's somebody else's job?
       A.   Yes.
       Q.   Whose job is that if you know?
       A.   That would be held within our IT
  department.
       Q.   And it's up to them to find out that
  particular information if it exist?
       A.   Yes.
       Q.   It wouldn't be put on the screen for
  Mr. Corbin, which is similar to Exhibit H, to the
  best of your knowledge?
       A.   To the best of my knowledge, no.
            MR. ICOVE:  Let's go off the record for a
            minute, okay, and I'll see if I have any
            other questions.
            THE VIDEOGRAPHER:  We're off the record.
            The time is 12:33.
                 (Off the record.)
            THE VIDEOGRAPHER:  We're back on the
            record.  The time is 12:33.
       Q.   Ms. Kenney, I'm going to hand to you
  what's previously been marked as Exhibit D and
  Exhibit E if you would.  Based upon your
  recollection, are those particular documents
  produced at the same time?
       A.   Yes.
       Q.   And what's the purpose of the production
  of those particular hard documents?
       A.   To provide to the attorney's office the
  documentation showing that we have placed the
  account with their office.
       Q.   Is there any other documentation that
  you're aware of that's presented to the attorney's
  office by Unifund besides those two documents?
            MS. FULTON:  Objection.  At what point in
            time are we talking about?
       Q.   Did you understand the question?
       A.   No.
       Q.   Okay.  You prepared those documents to
  forward to an appropriate attorney to be designated,
  in this case 666, whoever that is, right?
       A.   Yes.
       Q.   And at that time you prepare both these
  documents, correct?
       A.   No, I do not prepare them.
       Q.   You print them out?
       A.   Yes.
       Q.   Okay, that's what I meant, and I
  apologize.  When you print those documents out, do
  you print out any other documents for the attorney
  to review?
       A.   No, I do not.
       Q.   Are you aware of any other documents that
  go to the attorney besides those two particular
  documents?
       A.   At the time of the placement?
       Q.   Yes.
       A.   No.
       Q.   Later on are there any other documents
  that might go to the attorney?
       A.   Yes, it's possible.
       Q.   What type of documents would be possible?
       A.   Copies of statements, possible
  application, bank affidavit.
       Q.   And that would be provided at a later
  date?
       A.   Yes.
       Q.   If at all?
       A.   Yes.
       Q.   Do you recall in this particular case
  providing anything else to the attorney besides
  those two exhibits that you have in your hand?
       A.   No, I did not.
       Q.   For the record, which exhibits are those?
       A.   This is Exhibit D and E.
            MR. ICOVE:  Okay, thank you.  I don't
            have any further questions.  I just want
            to thank you for coming today.  You have
            a right to review the deposition when
            it's written up.  We had a question that
            was going to be certified to the Court,
            so you might have to come back and answer
            one question so we are not going to
            conclude the deposition.  As I recall, it
            was just one question.
            MS. FULTON:  I don't recall any.
            MR. ICOVE:  Well, if there weren't any,
            then we will conclude the deposition and
            you won't have to come back.  I stand
            corrected.  So I want to thank you for
            coming today, and we're going to conclude
            the deposition.  You need to tell the
            court reporter whether you want to waive
            signature or not.
            MS. FULTON:  We'll read and sign.
            MR. ICOVE:  Thank you.
            THE VIDEOGRAPHER:  We're off the record.
            The time is 12:36.
  
                   (Witness excused.)
          (Deposition concluded at 12:36 a.m.)

  
  KIM KENNEY                              DATE

  

  

  

  
                             )
  COMMONWEALTH OF KENTUCKY   )
                             )
       I, Jeanna Migliorisi, Court Reporter and Notary
  Public in and for the Commonwealth of Kentucky, do
  hereby certify:
       That the witness named in the deposition, prior
  to being examined, was by me duly sworn;
       That said deposition was taken before me at the
  time and place therein set forth and was taken down
  by me in shorthand and thereafter transcribed into
  typewriting under my direction and supervision;
       That said deposition is a true record of the
  testimony given by the witness and of all objections
  made at the time of the examination.
       I further certify that I am neither counsel for
  nor related to any party to said action, nor in any
  way interested in the outcome thereof.
       IN WITNESS WHEREOF I have subscribed my name
  and affixed my seal this 2nd day of March, 2007.
  
                      JEANNA MIGLIORISI
                       Notary Public
                      My Commission expires: 10/31/08