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Home My WebLink About10-1430FLU; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010 PEAR - I pItli 12? 4 6 Ct a ??r CIVIL DIVISION CAPITAL ONE BANK (USA),NA No : 10 -- 14f 30 C?,L`rFa.,-? Plaintiff vs. HEATHER L LAMANNA 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. 525 Vine Street, Suite 800 Cincinnati, OH 45202 (513)-723-2200 FAX: 513-723-2239 07867577 C N Cin EMR 0 00 -?CLX? c?&# ysr1,73y R? as atsY a 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: HEATHER L LAMANNA 233 W DAUPHIN ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3119 . 4. Defendant made use of said credit card and has a current balance due of $3880.78 , as of February 10, 2010 . 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 23.100% per annum on the unpaid balance from February 10, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No HEATHER L LAMANNA 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 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 , HEATHER L LAMANNA , individually , in the amount of $3880.78 with continuing interest thereon at the rate of 23.1000 per annum from February 10, 2010 plus costs. games C Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 525 Vi e Street, Suite 800 Cinci a i, OH 45202 (513) 72 -2200 FAX: 13-723-2239 0786 57 C N Cin EMR This law firm is a debt collector attem/ng to collect this debt for our client and any information obtained ill be used for that purpose. rw 7867577 FINMCE Previous Balance payments 6 Credits CHARGE $2,359.09 - $0.00 + $50.59 Trarmacdorm Now Balance Mininm Pa yment Due Dale $2,487.68 $144.00 Oct. 04, 2008 Aug. 10, 2008 - Sep. 09, 2008 Page 1 of 1 / P II 4 REASE PAY AT LEAST M AWLW _ IMa?11 M11 c tort Youhe behind by orx- Payment Remember tfst pWng the mnmum payment by the due date keeps yax ,N^ account current so make sure you send in the mrinum payment to keep your account wrrent Your Ac00WIthdbrmadon REWARDS TOTAL C Rewards SuttMnanr REDIT LINE $2,27000 TOTAL AVAILABLE CREDIT E0 00 memue avem* bobncv 1 . CREDIT LINE AILABLE CREDIT CA, AVAILA FOR OR CASH j227p pp AV $000 Earned ats purpd 0 (r bkdB ft-d- P- din- bang *k,) ArergebN Balance 1,253 Firialtee Chtalpes (Please see reverse for mportant information) Bohnoerate PerWc Conesponcig F7IANCE espied m tale APR CHARGE Pirdiases 32,00453 006a22°%D 2490% SA239 Cash 50.00 0.06822%D 2490% $D OD SpamlTrars 3387.57 005W%D 2490% $80 ANNUAL PERCENTAGE RATE applied tlde period: 24M4 Q At Your Service. Go to binaegeyar smut, or Celt 1-000-900-3637b report a bet ora'obncador?pey (ogrebma Rebus ® Pay OnEneat nwaffiam&m or mayarpwTwiIo: 0* Or. Bark (USA), NA • P 0 B. 70684.0 little, NC Said Irquirles to: CON Ors P D Bans 30285 • Sit Lde City, Ur 84130-0286 PN111011t1<. Credb dr Aduik110nt5 Transat k om 1 03 SEP PAST DUE FEE $3D.00 2 09 SEP OVERUMIT FEE SFP 00, 2008 $3D 00 lJnder terms pre *u* dsdueed to you, some of all of your Amer PermtW Rates (APRs) have been rtcreased 3noe your account was past die twice in the Pam 12 bilkg cycles If your rates have meaty rucreesed subaeq)e t dektge uses o(tirded the du ation of the nc a®ed rates Renemba If we reoewe your mrinum monthly payment on true for 12 corsecitwe berg odes, to account wa be renewed fa a porsble return to your WWnftk clay APR. Your account has gone over its credit limit. To avail addhonal over" (amp please pay eru o to burg your belarm below your crack and rnmerfetey, and melee we you remain below you aedt knit Please be sue to accout for any Ntre purchases, Nee, and finmce charges You were assessed a past cue fee because My mnrnrm payment was not recewed by the due date To avod this fee in the future, we recommend that you allow at least 7 business dads for your mrinan payment to reach Capital One Atnage you ferrets auk. by urWV or Cut 14=3830 1 hmeeo* gaff ® Here a question about a cargo on your e0reatatq Pease refer to Ge Brlkg Rghts Summarym the bad(of your statement or vstwww_ comklso,t PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WW W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE CaPftwDie whet', ^r-11.11 New Balance Minimum Payment Due Date ( $2,48T.68 $144.00 :) Oat. 04, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Endosed C Capital One Bank (USA), N.A. P.D. Box 70664 Charlotte, NC 26272-0864 IIIIIIIIIILIrIIh1.11111PI111111111111i11'11'I'I1111'II111'11 ?3119 09 2487680152850144008 Account Number: 63119 Please print address or phone nanber dwxjm below usury bkm or blade irk home Priam ARenuda more E, Wad vm #9025489660646941# MAIL ID NUMBER HEATHER L LAMANNA 233 Y DAUPHIN ST ENOLA, PA 17025-2210 .1i11 - - e111•II•I11111.111111111111.11111.111111.1111111111. 111. 1 Please write your account nunnber on your payment made payable to Capital One Bank (USA), NA. and --tai) wkh this coupon in the enclosed envelope. 1 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. HEATHER L LAMANNA Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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, information and belief. Dated: Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1LED-0FriC'E Sheriff !? TNEr PPCF'P' ",10jAaY ?atiti+,tr of ?u?tt6rr??ry? Jody S Smith ; r Chief Deputy 2010HAR -5 F't 2:36 Edward L Schorpp h ?i?;y;y Solicitor OFF CE : ."RIFF C11,?1 C'Ct ILJ? ?,,"`'` Capital One Bank (U.S.A.) N.A. vs. Heather L. Lamanna Case Number 2010-1430 SHERIFF'S RETURN OF SERVICE 03/02/2010 05:04 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 1704 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Heather L. Lamanna, by making known unto herself personally, at 233 W. Dauphin Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 March 03, 2010 /? za4ll- STEPHEN BENDER, DEPUTY SO ANSWERS, RON P R ANDERSON, SHERIFF tr) GounfySuite Sheriff. ieiec:Soft. I,',- FILED-s; 20 10 MAR 12 PM 12: 3 Z CU4 "_ i l r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. HEATHER L. LAMANNA Defendant No: 10-1430 Civil Term ANSWER TO COMPAINT IN CIVIL ACTION FILED ON BEHALF OF Defendant NO COUNSEL OF RECORD AT THIS TIME ANSWER In response to allegations in the civil complaint filed by the Plaintiff, Capital One, Heather L. LaManna answers as follows: 1.) I can neither admit nor deny that the Plaintiff, Capital One Bank, NA is a corporation with offices at 15000 Capital One Drive, Richmond, VA 23238. 2.) I, Heather L. LaManna, admit that I am adult residing at the following address: 233 W Dauphin Street Enola, PA 17025 3.) I admit to applying for and receiving a credit card that ends in 3119. 4.) I admit to the historical use of said credit card but deny the alleged amount due of $3880.78, as of February 10, 2010. 5.) I believe that I have paid plaintiff the amount of charges I accrued to the account at issue. The amount claimed by plaintiff is based on penalties and other fees. I would like to submit that the new federal consumer credit card law is intended to prevent the compounded excessive, abusive charges claimed by plaintiff. To the extent permitted 1, the defendant, seeks the protection of federal and Pennsylvania consumer protection laws. 6.) 1 deny that I am entitled to the addition of interest at the rate of 23.100% per annum on the unpaid balance from February 10, 2010. I admit that I received'Exibit 1' a statement dated September 9, 2008 with a balance due of 2,487.68. CERTIFICATE OF SERVICE On March 12, 2010, I filed the answer to the complaint, request for discovery with the court, and served the plaintiff with a copy of the answer to the complaint and the request for discovery by first class mail addressed to James C. Warmbrodt, 42524, WELTMAN, WEINBERG & REIS CO., L.P.A., 525 Vine Street, Suite 800, Cincinnati, OH 45202 Respectfully submitted, Heather L. LaManna, Defendant 233 W Dauphin Street Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No: 10-1430 Civil Term vs. HEATHER L. LAMANNA Defendant REQUEST FOR DISCOVERY The Defendant, Heather L. LaManna, and for her Motion for Discovery, hereby states as follows: 1. That on March 2, 2010, the Defendant was served with a complaint in civil actions. 2. That Heather L. LaManna is the named defendant herein. 3. That in order to properly answer said allegations to the Complaint, Defendant is in need of obtaining discovery in this matter, including, but not limited to; all statement regarding account ending in 3119, notes, messages, supplemental reports and all documents regarding Heather L. LaManna. 3. That in addition to any and all statements, the Defendant is in need of all of the correspondences of the plaintiff regarding this account. 4. That the discovery requested is crucial to the defendant's defense in this matter and she requests that this information be submitted to her no later than 30 days. WHEREFORE, Defendant, Heather L. LaManna, respectfully requests this Honorable Court to grant Defendant's Request For Discovery, including any and all papers from the Plaintiff, Capital One Bank, and their counsel, James C. Warmbrodt, 42524 of Weltman, Weinberg & Reis, Co., L.P.A. Respectfully submitted, Heather L. LaManna, Defendant 233 W Dauphin Street Enola, PA 17025 L( W w R4'7 8(01 Tn c.apAa? ont NA- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. lO I U U 20A JS. 1 c =' RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in their' c Following form: r+, PETITION FOR APPOINTMElYr OF ARBI'TRAT'ORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ? an counsel for the 1 adefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ g ®.? b The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualifieLfto sW "n as arbitrators: rn -I rr"n WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrato w -4o whom the case shall be submitted. -V c7t o-n ;a C a Respectfully submitted, y tv 60 no t7 v Z-4 , o?5ID3? ORDER OF COURT AND NOW, 201 1 , in consideration of the foregoing petition, jerx? Esq., and, Esq., and ?j,? ?/ Ate} Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. b. By the Court, /??'?? '?l'?'Iq>?kecJ (.lr?6an, E, f. Cr L . L4 ma m na EDG $. BAYLEY eap; cs lfta .' j ur s/wIl i CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators was served by U. S. Mail, postage prepaid, this day of, 2011, upon the following: Heather L. Lamanna 233 W. Dauphin Street Enola, PA 17025 By. Matthew D. Urban, Esquire PA I D# 90963 Weltman, Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. /a -/ 9,20 Civil Action - Law. -Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States ,and the Constitution of t 's Commonwealth and that we will discharge the duties of our office with fidelity. ign re Si atur Signature 172, f?iGl?aLl ?te?=`? Aidcto -?. bd/ft-C4 n Name (Chairman) Name Name n®- f ? 5?????? o?nson b??'?? Law Firm Law Firm Law Firm Address C??,-/,q City, Zip al w. s..4 s1, Address Cxr i?4- 170f; City, Zip Notice of Entry of Award 301 Aqrke? 5, Address City, Zip Now, the A,79 day of , 20 // , at /P •'13 , A .M., the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35C). 8V Prothonotary By: Deputy Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the --A. (\rnrP• If dmmnae,; for delav are awarded, they shall be separately stated.) FILED-OFFICE OF THE PROTHONOTARY 2011 JUN 29 AM 10 13 CUMBERLAND COUNTY 64pi 65 irha • / z°lly 441a v /// 41-11, S WELTII AN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I. D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7867577 Attorney for Plaintiff(s) CAPITAL ONE BAINIK (I,,SA) NA (Plaintiff vs. HEATHER L LAMANNA Defendant CUMBERLAND County Zpig Court of Common PleasD c7 Civil Action No. 10-1430 CIVIL TEI PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: NV 0 s c c? N Q1 x.• 5 c.r? -r rri r?- Z c C.1 z? Enter Judgr;.snv. against Defendant, HEATHER L LAMANNA on the Award of Arbitrators in the amount of $2,583.43 as computed below: , 1?r, ount Avg arcled: $ 2,375.00 interest front March 01, 2010 through Aug'ast 1;, 2011 at the legal rate of 5.00'% per annum: $ 208.48 Total: $ 2,583.48 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire &JW93180 & CX3$(as ( "Ae, "d Plaintiff's address is: c/o Wel'tman, Weirioerc & Reis Co., L.P.A., 1400 Koppers Building, 436 7tn Avenue, Pittsburgh, PA 15219 And th<<t the last known iddress of the Defendant is: 233 W. Dauphin St, Enola, PA 17025 IN THE tOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. Civil Action No. 10-1430 CIVIL TERM HEATHER L LAMANNA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was ente ed against you on (xx) Assumpsit Judgment in the amount of $2,583.48 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 (xx) Arbitration Award Prothonota By: PRO TY) Heather L. Lamar na 233 W Dauphin St Enola, PA 17025 Plaintiff Q ?8 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. / -0 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States nd the Constitution oft 's Commonwealth and that we will discharge the duties of our office with ndelity. *atur z tgn ure Signature s=,?? M Name (Chairman) Name Name, f? 41C f) sorl (A Law Firm Law Firm Law Firm -W/ Maiker .Yr. Address Address Address 170PI e m,0,7 Ad no City, Zip City, Zip City, Zip Award Notice of Entry of Award Now the y da of r? 20 at •13 A M. the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal Prothonotary By: Deputy 1177 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the fnl)nwing award: (Note: If damages for delay are awarded, they shall be separately stated.) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7867577 m? Fri - rn = ;;5 CAPITAL ONE BANK (USA),NA ` Plaintiff CUMBERLAND,County <4' "a CZ) ' Court of Common Pleas p " i vs. N NO. 10-1430-CIVIL TERM - ` HEATHER L LAMANNA Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A By Sarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the -Z day of Y)1 C , 2012 NOTARY PUBLIC COMMONWIEALTH OF PENNSYLVANIA Notarlal5sal Sheila G. Bevan, Notary Rd)k moss Twp., ANeo" County My Commission ExpIros Nov. 15, 2014 MEMBER, PENNSYLVANIA ASSOCIATION pp NOTARIES _jq.5o PO A7T/ a's 105,13700 ejl?a'76110