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HomeMy WebLinkAbout09-8091IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS oo Plaintiff No: vs. COMPLAINT IN CIVIL ACTION WILLIAM FRANKENFIELD AKA WILLIAM B FRANKENFIELD Defendant 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 07540448 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. Civil Action No WILLIAM FRANKENFIELD AKA WILLIAM B FRANKENFIELD 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, HSBC BANK NEVADA, N.A. AS is a corporation with offices at 1111 TOWN CENTER DR. LAS VEGAS , NV 89193 . 2. Defendant is adult individual(s) residing at the address listed below: WILLIAM FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4875 . A copy of the Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 4. Defendant made use of said credit card and has a current balance due of $1649.56 , as of October 12, 2009 . 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. 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 , WILLIAM FRANKENFIELD , individually , in the amount of $1649.56 with continuing interest thereon at the rate of 6.000. per annum from date of judgment plus costs. WELTEINBERG & REIS CO., L.P.A. Jame14)8C armbrodt,42524 436 h Avenue, Suite 1400 Pitt, PA 15219 (4127955 FAX: 38-7130 0754 N Pit KMJ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. ????? ?? HSBC D -- -- Y= .FAP :ACT WHEN SENDING US YOUR PAYMENT,.. ALWAYS INCLUDE YOUR ACCOUNT NUMBER ON THE CHECK BE SURE TO SIGN YOUR CHECK REMOVE THE TOP PORTION OF YOUR STATEMENT AND RETURN WITH YOUR PAYMENT IN THE ENVELOPE PROVIDED PAYMENT IS DUE BYTHE DATE INDICATED IN THIS STATEMENT YOUR CONTACT INFORMATION Flease rote -Address charaes may take to to two (2) weeks tc crooess. Flease orirt clearly. Address # Street Name I I I? Art # and Other Address Irfa ON 111111111111111 Your Fome Fhore Number -?-? (area code) State Zia Code m - ? Your Eusiress Fbore Number (area code) Pr i r t Em ai I Address' Email address m odirnal. Ae nil! cern-katc with w u vie email reaerdvw roar eccourt and occasonelN send you sneciel offers Yom our infernal end enema! marheline os,ioc- Y wu orevlausN Doled oil from nxdvina ema#s. aavldNr win curd) ed,iress wYl -erred IMI decllan. :About Your Payment: • You agree to pay at least the Minimum Payment in time to be credited to your Account as of the Payment Due Date- : If your Account is delinquent, you can avoid an additional Late Payment Fee by paying at least the Minimum Payment Due, which includes any past due amount, to time to be posted w of the Payment Due Date. You may pay more than the Minimum Payment Diu and you may pay, the entire New Balance at any time. • Payments should be mailed with a siagle coupon to the payment address shown on the front of this billing statement. Payments must he made by a single check or money order payable in U S. dollars and drawn on a U.S. Institution. • Payments received at the payment address by 5:00 pm Eastern time, any day, will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the next day. • Crediting payments to your Account may be delayed up to five days if the payment is trot made as described above; is not received at the address provided for remittance; is not accompanied by the payment coupon; w received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. • If vow New Balance is a credit balance, it will be applied to future purchases or cash advances, or refunded to you at your written request. Requests should be mailed to the inquiry address sbown on the front of your billing statement. By sending m a check for payment on vow Account, you authorin us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds n be withdrawn from your account as soon as the same day we rc.--- your payment, and you will act receive your check back from y<,„ r financial instimtioa If you do not want your checks to he ro I t:r an EFT, please call customer service at the phone num6:1 d, r - bacl_ .rf your card Payment By Phone: When you use our optional prryn,ao l-, ra- ne ce, you authorize as to initiate an electronic fi- L, 1, -f , from your desigmted bade ac unt or to process T [r N , ,,.-tit a• a check transaction. You must authorize the arwatt cn l n„uq. _I each payment. Please retain this authorization fa', n ?& , ds. Card Renewal: An Annual Fee rr_ ayq f. ru t. w Account. If your Annual Fe is billed annually, y-, -1- ing the fee if you call and close your Account withi,. If) hn'e . (Ir_iug billed You may continue to use vour Card during tb, ''? ,t. ,i.: -.1 without paying the fee. If your fee is billed modhly, whin 1.", -all sad close your Account due to the AnnualFee charge, tt. d alb, - Bill be credited back to your Account How We C.fntlnl. F'ht.+-v Charges: We calculate the periodic Finance Charge o w , ,rat by multiplying the applicable Daily Periodic ? Rate by the.; ca: , LLi I y Balance for each categoryof tra ctiom shown on yourL:I I,nr atemmt (c.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new, transactions, say previous day's periodic Finance Charges, any assessed fees and charges, and subtract any payments and/or credits. If a transact ion posts after the beginning of the billing cycle, the applicable Daily Balance and any related Finance Charge calculations will be adjusted retroactively to include the transaction amount as of the day it was posted Calculating the Average Daly Balance: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. If the balance for any day is less than zero, we new it as zero. This is the Average Daily Balance (including new purchases) method Grace Periods: For credit card purchases, periodic Finance Charges begin to acaue an the date of the rams ction and continue to accrue until payment in full is credited to your Account However, you have a Grace Period of at least 20 days from the statement date if no periodic Finance Charge was billed to the Account in the current billing period; otherwise the Payment Due Date will be 25 days from the statement dare. That means, if you paid the New Balanr- -frown on your last billing statement by the Payment Due Date ' u d..o billing statement, you have until the Payment Due Date to,- r-, -n billing cycle to pay yourNew Balance in fullm avoid r I e Imp, tf on A periodic Finance Charges on new credit card purchase: Pc,, 1: ranee Charges that actme after the statement date wi!! c;Iu next billing statement. There is no Chace Period for - h I- and balattce transf , including credit card check- 11,a m m. periodic France Charges begin to aurae on the dal- of uh I, :tion and continue to accrue until payment in full i . -1,1 1 1"M Account. Daily Periodic RaW,L u, o rl L'-entage Rate: The Annual Percentage Rates on your billci tatc,,r m reflect the annualized equivalent of the Daly Period p..I.Y+.,r,ully applied during a particular billing cycle. The "-I4c !tales may differ from the Nominal Annual Perceor,, k., I-me of the inclusion of any Finance Charge other than pen -N< l eance Charge. Your Annual Percentage Rates and D., IN f iin.l. P-mayvary. .N, d, on,n Ylnance Charge: A Minimum FINANCE CHARGE of S l.t mid be charged in each billing cycle in which periodic Finance h:u;m: are payable. IL (ling Rights Summary: In case of errors or questions about your h dung statement: If you think your billing statement is wrong, or if you aced more information about a transaction on your billing statement, write us m soon as possible, on a separate shed of papa, at Cardmember Service Center, PO. Box 5251, Carol Stream, IL 60197-9642. We must hear firm you no later than 60 days after we seat you the first billing statement on which the errs or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, please include the following information: • Your name and account number. • The dollar amour[ of the suspected error. • A description of the ecru-. Explain, if you can, why you believe there is an error and any steps you have taken to resolve the error. You do not have to pay arty amount in question while we are investigating, but you are obligated to pay the parts of your bill that are not in question Whik we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the retraining amount due on the goods or services. This protection applies only when the purchase price was more than S50 and the purchase was made in your home state or within 100 miles of yourmailing address. If we own or operate the merchant or if vw mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase. Debt Collection: We are required by law, when applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. 01 BN5994 - 11 - 02111.2008 No. 0U,R E E €_€' G E S _, A C 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, VALERIE DEMARAIS, employee, of HSBC BANK NEVADA, N.A., plaintiff herein, 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. VALERIE DEMARAIS 07540448 5458001577014875 $1649.56 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. T, , 2009 NOY 20 F 5 e?? ?ans?y ?2 3 343 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No. 47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7540448 Attorney for Plaintiff(s) F„ ? ..... a ...,.. HSBC BANK NEVADA, N.A. AS CUMBERLAND County Court of Common Pleas vs. 09-8091 CIVILTERM WILLIAM FRANKENFIELD PRAECIPE TO SUBSTITUTE PURSUANT TO PENNYLVANIA RULE OF CIVIL PROCEDURE 2352 TO THE PROTHONOTARY: 1. This matter involves a collection action instituted by Plaintiff, HSBC BANK NEVADA, N.A. AS, against Defendant(s). 2. On or about May 1, 2012 Plaintiff, HSBC BANK NEVADA, N.A. AS, assigned the account which is the subject matter of this action to Capital One Bank (USA), N.A.. See attached as Exhibit A, a copy of the Assignment of this account from current Plaintiff to Capital One Bank (USA), N.A.. 3. Pursuant to the foregoing, kindly substitute Capital One Bank (USA), N.A. for HSBC BANK NEVADA, N.A. AS as Plaintiff in the above matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molc , Esquire Attorney for Plaintiff EXHIBIT BILL OF SALE This BILL OF SALE (the "Bill of Sale") dated May 1, 2012, is by and among HSBC Finance Corporation, a Delaware corporation, HSBC Retail Services, Inc., a Delaware corporation, HSBC Bank Nevada, N.A., a national banking association, HSBC Card Services Inc., a Delaware corporation, HSBC Receivables Acquisition Company I, a Delaware corporation and HSBC Receivables Funding Inc. II, a Delaware corporation (each, a "Transferring Entity"), in favor of Capital One, National Association, a national banking association ("CONA"), and Capital One Bank (USA), National Association, a national banking association ("COBNA"). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Agreement (as defined below). WHEREAS, each of CONA and COBNA is a wholly owned Subsidiary of Capital One Financial Corporation ("Purchaser"); WHEREAS, Purchaser, HSBC Finance Corporation, HSBC USA Inc. and HSBC Technology & Services (USA) Inc, are parties to that certain Purchase and Assumption Agreement, dated as of August 10, 2011 (the "A reement"); WHEREAS, pursuant to Section 2.1(a) of the Agreement, effective as of the Effective Time, each Seller, as applicable, is to sell, convey, transfer, assign and deliver, or cause one or more of its Subsidiaries to sell, convey, transfer, assign and deliver to Purchaser, and Purchaser is to purchase and accept from each Seller or its applicable Subsidiaries, all of each such Selling Entity's right, title and interest in, to and under the Acquired Assets that are tangible personal property (the "Applicable Acquired Assets" )- J, WHEREAS, pursuant to Section 10.2 of the Agreement, Purchaser may assign its right under the Agreement to acquire any asset to any wholly owned Subsidiary without the prior written consent of any other party to the Agreement and has assigned its right to acquire the Applicable Acquired Assets to CONA or COBNA, as applicable; and WHEREAS, pursuant to Sections 3.2(c) and 3.3(b) of the Agreement, the parties desire to execute and deliver at the Closing this Bill of Sale to evidence the sale, conveyance, transfer, assignment and delivery of the Applicable Acquired Assets owned by the Transferring Entities to Purchaser and/or its wholly owned Subsidiaries as of the Closing Date. NOW, THEREFORE, in consideration of the payment by Purchaser and/or its wholly owned Subsidiaries of the Purchase Price and the assumption by Purchaser and/or its wholly owned Subsidiaries of the Assumed Liabilities for the sale, conveyance, transfer, assignment and delivery of the Acquired Assets owned by the Selling Entities, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Transferring Entity, intending to be legally bound, does hereby sell, convey, transfer, assign and deliver to CONA and COBNA, and their successors and assigns, in accordance with the allocations set forth on Annex A hereto, all of such Transferring. Entity's right, title and interest in, to and under the Applicable Acquired Assets owned by it free and clear of all Liens (except for Permitted Liens); TO HAVE AND TO HOLD unto CONA and COBNA (in accordance with the allocations set forth on. Annex A hereto), their successors and assigns, as applicable, to their own use and benefit forever, all of the Applicable Acquired Assets hereby sold, assigned, transferred, conveyed and delivered as of the Closing. THE PARTIES FURTHER COVENANT AND AGREE AS FOLLOWS: a. From time to time each Transferring Entity and its successors and assigns shall, and shall cause its Subsidiaries to, without further consideration, cooperate, execute and deliver all such further bills of sale, assignments or other instruments of conveyance and transfer, and take such actions, all as may be reasonably requested by CONA and COBNA, and their successors or assigns, in order to carry out the sale, assignment, conveyance, transfer and delivery of the Applicable Acquired Assets covered by this Bill of Sale as contemplated in this Bill of Sale and the Agreement. b. This Bill of Sale shall become effective as of the Effective Time at the Closing pursuant to the terms of the Agreement. Nothing in this Bill of Sale shall be deemed to constitute an agreement to sell, convey, transfer, assign or deliver to Purchaser or its Subsidiaries any Applicable Acquired Asset (or portion thereof) prior to the Effective Time. C. This Bill of Sale is given pursuant to the provisions of the Agreement and the sale, conveyance, transfer, assignment, and delivery of the Applicable Acquired Assets hereunder are made subject to the terms and conditions of the Agreement and shall be construed consistently therewith. Nothing in this Bill of Sale, express or implied, is intended to or shall be construed to supersede, modify, replace, amend, rescind, waive, expand or limit in any way the rights of the parties under, and the terms of, the Agreement. In the event that any provision of this Bill of Sale -is construed to conflict with a provision in the Agreement, the parties agree that the provision in the Agreement shall be controlling. d. The following Sections of the Agreement are incorporated into this Bill of Sale by reference, to be applied and construed consistently with the application of such Sections in the Agreement as if such Sections were set forth herein: Sections 10.1. 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 1010 and 10.13. [Signatures Appear on the Following Page] IN WITNESS WHEREOF, the parties have executed this Bill of Sale as of the date first written above. [signature pages have been distributed separately] [Signature Page Bill of Sale) 831 HSBC 03:40:59 p.m. 25-04-2012 17/23 HSBC BANK NEVADA, A. By: Name: Mike Reeves Title: Executive Vice President, Chief Financial Officer and Treasurer (Signature Page to Bill of Sale) CAPITAL q&E, kTIONAL ASSOCIATION Na : ` Murray P. Abrams Titl : Executive Vice President, Corporate Development [Signature Page to Bill of Sale] CAPITAL ONE %W qAA), NATIONAL ASSOCIATION By: Title: E eoutive Vice President, (torporate. Development [Signature Page to Bill of Sale] Annex A Allocations 1. The following Applicable Acquired Assets are hereby assigned to COBNA but only to the extent such Applicable Acquired Assets relate to the products set forth on Schedule A hereto (provided that any such Applicable Acquired Asset that is not fully separable between COBNA and CONA based on the products set forth on Schedule A shall not be assigned to COBNA and is instead hereby assigned to CONA in accordance with paragraph (2) below): Acquired Assets i. All CRS Accounts and all Gross Receivables and Accrued Interest and Fees related to the CRS Accounts, and all Charged Off Accounts and the right to any recoveries or collections'with respect thereto; ii. All CRS Account Agreements, pending applications for CRS Accounts and outstanding solicitations for CRS Accounts; iii. All loans associated with CRS Accounts (other than the Excluded Accounts); iv. The right to receive Interchange Fees and annual or other fees from Borrowers under the CRS Accounts, including the pro rata portion of any annual or other fees from. Borrowers under the CRS Accounts for any period after the Effective Time; V. The pro rata portion of any fees paid in connection with the CRS Business for any period after the Effective Time; Vi. the Books and Records and Cardholder List; vii. All BINs and ICAs used for the CRS Accounts; viii. Any security deposits related to Acquired Assets (if any); ix. Rights to provide the Enhancement Services and the right to provide enhancement services currently offered by the Sellers in connection with the CRS Business through third parties or Affiliates of Sellers that are not Selling Entities; and X. The Other Specified Assets that are: (1) loans without recourse, (2) contra credit balances, (3) other miscellaneous receivables and (4) unbilled and accrued interest less the pro rata portion of annual or other fees. 2. All of the Applicable Acquired Assets other than (i) the Transferred Intellectual Property and. (ii) the Applicable Acquired Assets that are transferred to COBNA pursuant to paragraph (1) above are hereby transferred to CONA. Schedule A Products 1. American DreamCard 2. Cash Rewards 3. Client 5221 4, DAMARK (containing the Damark Visa logo but not the Damark Internat'l - Inactive logo) 5. Direct Merchants Bank Discover Network Card 6. Direct Reward Platinum Discover Network Card (Organic & Secondary) 7. Direct Rewards Platinum MasterCard 8. DMB 9. Household Bank 10. Household Bank - unsecured 11. Household Bank MasterCard (containing the HSBC MasterCard logo but not the Household Bank MasterCard logo) 12. Household Bank Refund Rewards Buying Card 13. Household Bank Secured 14. Household Bank Visa 15. HSBC 16, HSBC American Express 17. HSBC Discover Network Card 18. HSBC Platinum MasterCard 19. HSBC Platinum Visa 20. Metris Co 21. Orchard Bank Standard Secured 22. Orchard Bank Unsecured 23. Platinum MasterCard - Unbranded 24. Platinum Visa - Unbranded 25. Premier World MasterCard 26, Red Hat Society