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HomeMy WebLinkAbout09-6205i NAN24682 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. LEISA M RUSSELL 217 SPRINGVIEW RD CARLISLE PA 17015-9465 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : CR - &010T 'I i I NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. j YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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. i i 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET I CARLISLE, PA 17013 717-249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Capital One BANK (USA) , N.A. , is a federally chart ; ered bank authorized to do business in Pennsylvania with an address as st4ted in the caption, and is successor in interest to Capital One Bank' in accordance with a letter from federal Comptroller of Currency att4bhed hereto as Exhibit "A", the terms of which are incorporated herein. i 2. Defendant Leisa M Russell is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued l to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaint?if's credit facilities. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card.,) 5. The defendant received and accepted goods and merchap(ise i and/or accepted services and/or cash advances through the us, of the credit card issued by the Plaintiff. A true and correct, copy of Plaintiff's Affidavit is attached hereto as Exhibit "B". 6. After allowing for all of September 9, 2009 remains on number 5178052482153455 in the amount of $939.79 plus intest offsets and credits, a balance as the subject account having acqd)unt I accruing at the rate of 28.1% from September 25, 2008 in1the amount of $563.51 for a total current amount due of $1,503.30; as • of September 9, 2009 there remains a balance due in the amount of $1,503.30. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,503.30 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on December 11, 2006. WHEREFORE, plaintiff claims of the defendant the suit of $1,503.30 plus applicable costs and interest. Goldman & Warshaw, P.C. BY: Barry A. Rosen, squire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LEISA M RUSSELL 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 ad belief Dated: William Moss I'A232 GOLDMAN & WARSHAW, P.C. I Exhibit "A" Comptroller of the Currency Administrator of National Banks Licensing Department 250 E. Street, SW Washington, DC 20219 October 19, 2007 Andres L. Navarrete, Esq. Managing Vice President & Chief Counsel - Regulatory Capital One Financial Corporation 16$0 Capital One Drive McLean, Virginia 22102 Ili i I' Corporate Decision #2007-09 j December 2007 Re: Application to Convert to a National Bank Capital One Bank, Glen Allen, Virginia Proposed Title: Capital One Bank (USA), National Association OCC Control Number: 2007-NE-01-0011 Dear Mr. Navarrete: 1. approve your application to convert Capital One Bank, Glen Allen, Virginia, to a national bank. fter a thorough review of all information available, and reliance upon the representations and commitments made in the application and by the bank's representatives, I found that your conversion application meets the requirements for approval to convert to a national banking association pursuant to 12 USC 35 and12 CFR 5.24 as follows: Title: Capital One Bank (USA), National Association Location: Glen Allen, Virginia This approval is based in part upon the institution's representation that, prior to conversion, the capital structure will be realigned to comply with the minimum capital requirements of 12 USC 35, 36, 52, and 371d to the extent applicable. I approve Capital One Bank (USA), National Association's plans to continue the following activities in the following subsidiaries. Foreign Bank: Capital One Bank (Europe) pic - bank organized under the laws of the United Kingdom ("UK"). Principle business is issuing credit cards in the UK, which accounts for over 95% of total revenues. The bank also has a personal loan business, which is currently inactive, and a savings business, which is currently under review. Subsidiaries of Foreign Bank: Capital One Mortgages Limited and Capital One Homeowner Loans Limited - formerly engaged in the mortgage loan and brokerage business. However, as of August 2007, these subsidiaries are both inactive. As these subsidiaries are considered inactive, prior approval from the OCC will be required prior to beginning any activity in the future. Capital One Loans (UK) Limited - is the holding company for Capital One Mortgage Limited and Capital One Homeowner Loans Limited. It does not engage in any other activities. Capital One Securities Limited and Capital One Overseas Limited - these subsidiaries are investment companies which invest their excess liquidity in various debt instruments, typically UK government bonds. Other Foreign Subsidiaries: Capital One Holdings, Ltd. - is a holding company for Capital One Bank (Europe). Capital One Investments Limited and Capital One Funding Limited - special-purpose subsidiaries formed to provide tax-efficient debt funding to Capital One Bank (Europe) to support its capitalization and liquidity. ?I Statutory Subsidiaries: Capital One Community Development Corp. - engages in community development investments and activities. Small Business Investment Company Su sidi North Hill Ventures II, L.P. - an SBIC licensed by the SBA in 2002. This subsidiary invests in information technology and software companies with a specific focus on financial services and direct-to-consumer marketing businesses that require capital to continue or accelerate their growth. Subsidiaries Engaged in Holding Bank Premises: Worldscape, Inc. - owns property in Nottingham, England, which is used as premises for Capital One Bank (Europe). Capital One Properties, Inc. - owns property in Nottingham, England, used as premises for Capital One Bank (Europe). Capital One VA Properties, LLC - holds property containing Capital One Bank's data and operation centers in Glen Allen, Virginia. Operating Subsidiaries: Capital One Funding, LLC - securitizes credit card receivables. Capital One Funding Small Business, LLC - securitizes small business loans. Subsidiaries Engaged in Holding Assets and Servicing Activities: Capital One Loan Management, Inc. - invests in and holds Capital One credit card receivables and participations. I 2 Renaissance Park Properties, Inc. - formerly owned real estate used by Capital One Bank and its affiliates. Currently dormant. As this subsidiary is considered dormant, prior approval from the OCC will be required prior to beginning any activity in the future. Capital One Realty, Inc. - holding company for Capital One VA Properties, LLC and Renaissance Park. Engages is no other activities. Subsidiary EnAaaed in Underwriting and Reinsuring Credit Related Insurance: Cl Insurance Corp., Inc. - previously sold insurance products through Capital One Bank. Currently dormant. As this subsidiary is considered dormant, prior approval of the OCC will be required prior to beginning any activity in the future. Inactive Subsidiaries: Ever 2255 Limited HFS Insurance Services, Ltd. Support Selling, Ltd. MyLoan Ltd. MyFinance Ltd. As these subsidiaries are considered inactive, prior approval from the OCC will be require prior to beginning any activity in the future. You are reminded that the following items must be satisfactorily addressed on or before the effective date of the conversion: 1. The bank must purchase adequate fidelity bond coverage in accordance with 12 CFR 7.2013, which lists four factors the directors should consider to determine adequacy. 2. If a director, officer, employee, or principal shareholder of the bank (including an entity in which such person owns an interest of 10 percent or more) is involved in the sale of credit life insurance to loan customers, the bank should ensure compliance with 12 CFR 2, which among other things, prohibits a covered person from retaining commissions or other income from the sale of credit life insurance connected with any loan the bank makes. 3. The board of directors must adopt and have in place policies, practices, and procedures to ensure the safe and sound operation of the bank. The board also must review those policies, practices, and procedures continually and ensure the bank's compliance with them. We are enclosing the Minimum Policies and Procedures for national banks. Capital One Bank (USA), National Association, has represented that it intends to maintain its membership in the Federal Home Loan Bank ("FHLB") system. If, at any time, Capital One Bank (USA), National Association, ceases to be a member of the FHLB system, it must use its best efforts, including contacting the appropriate FHLB or the Federal Housing Finance Board, to dispose of any stock in the FHLB. The OCC will consider this stock a nonconforming asset for any period that Capital One Bank (USA), National Association, is not a member of the FHLB system. 5. The bank must ensure that all other required regulatory approvals are obtained. Pursuant to 12 CFR § 25.25 the bank will need to file with the OCC a notice requesting designation as a limited purpose bank for purposes of the Community Reinvestment Act. 6. The directors must own qualifying shares in conformance with 12 USC 72 and 12 CFR 7.2005. 7. If the converting institution is subject to the Home Mortgage Disclosure Act ("HMDA"), the bank must ensure that its reporter identification number included on its HMDA transmittal sheet is changed to reflect its new OCC charter number. 8. The converting institution must notify the OCC if the facts described in the filing materially change at any time prior to consummation of the conversion. Any changes to the executive officers or directors must receive a "no objection" from the OCC. 9. Duplicate copies of the books and records of the foreign subsidiaries will be located at facilities of the Bank or of an operating subsidiary of the Bank in the United States. In addition, the foreign subsidiaries will be subject to OCC examination, supervision and regulation and the Bank will ensure prompt OCC access to all books and records of these subsidiaries. Upon completion of all steps required to convert to a national banking association, submit the "Conversion Completion Certification" (enclosed) certifying that you have done so. When the institution has satisfactorily completed all of the above steps, the OCC will issue a Conversion Completion Acknowledfinent officially authorizing the institution to commence business as a national banking association. At that time you will receive the charter certificate. if the conversion is not consummated within six months from the date of the decision, the approval will automatically terminate unless the OCC grants an extension of the time period. The OCC is opposed to granting extensions, except under the most extenuating circumstances and expects the conversion to occur as soon as possible. The OCC will send to you under separate cover an appropriate set of OCC handbooks, manuals, issuances, and selected other publications. This information does not include the Comptroller's Licensing Manual, which is available in electronic form on our Web site: http://www.occ.treas.gov/coWapps/comapplic.htm. This approval, and the activities and communications by OCC employees in connection with the filing, do not constitute a contract, express or implied, or any other obligation binding upon the OCC, the United States, any agency or entity of the United States, or any officer or employee of the United States, and do not affect the ability of the OCC to exercise its supervisory, regulatory, and examination authorities under applicable law and regulations. The foregoing may not be modified or waived by any employee or agent of the OCC or the United States. All correspondence regarding this application should reference the application control number. If you have any questions, please contact Senior Licensing Analyst Ramah Chansen at 202-874- 5060. Sincerely, Jan Kalmus Jan Kalmus Acting Director for Licensing Activities Enclosures: Conversion Completion Certification Minimum Policies Procedures 12 CFR 9 Survey Letter EXHIBIT "B" CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LEISA M RUSSELL Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) ?I has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 5178052482153455 for the just and true sum of $1250.79 as of 09/25/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 28.10%, and that all just and lawful offsets,, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. 1 declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: U .. -?. -c 'U o g County of Chesterfield, to wit: Commonwealth of Virginia I William Moss SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by William Moss, who acknowledged before me his/her signature to the foregoing Affidavit. - -- GIVEN under my hand and seal this 94?1 day of , 20c 0. Notary Registration Number: U) (TtL notary Public i _ My Commission Expires: / /20 Commonwealth of Virginia Antoinette Lesson Miller - Notary Public Commission No. 7205918 My Commission Expires 04/3012012 A232 GOLDMAN & WARSHAW, P.C. G) FILED-G"-r ,E F THE !-;\ ?A.RY 221H 'SEP 14 Pli 2: a J V ?J *79.5o Pa A`r 4 crlk 4m e a3o6617 Sheriffs Office of Cumberland County R Thomas Kline Sher tr at Crnnbrr14114 Ronny R Anderson Chief Deputy -'Y Jody S Smith Civil Process Sergeant )FF CE yF !?E Edward L Schorpp Solicitor t ?; c Or", THE 2?G9 S 21 (;"t Capital One Bank vs. Leisa M. Russell Case Number 2009-6205 SHERIFF'S RETURN OF SERVICE 09/17/2009 06:05 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leisa M. Russell, by making known unto herself personally, at 217 Springview Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, September 18, 2009 R THOMAS KLINE, SHERIFF BY Deputy Sheriff