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Home My WebLink About07-0702• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. MICHAEL E ELSESSER Defendant No., -d-1 CIUIL`te;mfl PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05488071 Judgment Amount:$3347.55 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. Civil Action No. OT 102, C Wl(-Te "^0%, MICHAEL E ELSESSER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MICHAEL E ELSESSER, in the amount of $3347.55 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plai tiff MICHAEL E ELSESSER, By: ALjyl 6 a" Defendant WWR#054880 I i i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff VS. Civil Action No. 01, j 0j C`U l LTtffA,- MICHAEL E ELSESSER 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, MICHAEL E ELSESSER, above- named, in the amount of $3347.55 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admit indebtedness to Plaintiff in the amount of $3347.55 with continuing interest thereon at a rate of 6.0% per annum plus costs from FEBRUARY 8, 2007. 2. To secure the repayment of said indebtedness, Defendant agree that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MICHAEL E ELSESSER, in the amount of $3347.55 plus continuing interest thereon at the rate of 6.0% per annum from FEBRUARY 8, 2007 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant cause to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $350.00 due by 2/23/07; (b) $350.00 due on the 23RD day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "HSBC NEVADA BANK, N.A." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this2?ay of?:R& 20_?. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 11 L. _ )5 rmbrodt, Esquire 24 WEINBERG & REIS CO., L.P.A. 271ilding 436S nue Pitts 219 5 5488071 By: is. i, a Defendant, MICHAEL E ELSESSER F D 70 w? "tz ."""ON I OP 1 °o F cam:. „ ..s . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. Civil Action No. MICHAEL E ELSESSER 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 /VttA,?-4? .ZU07 (xx) Assumpsit Judgment in the amount of $3347.55 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 MICHAEL E ELSESSER 163 SUSQUEHANNA AVE ENOLA,PA 17025 By: PRO ONOT ) "T" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. MICHAEL E ELSESSER Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05488071 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. Civil Action No. MICHAEL E ELSESSER Defendant COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 1111 Towne Center Drive, Las Vegas, NV 89193- 8724. 2. Defendant is an adult individual residing at 163 SUSQUEHANNA AVE., ENOLA PA 17025. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5407910000161396. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JANUARY 29, 2007, in the amount of $ 3,347.55 . A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the statutory rate of 6% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, MICHAEL E ELSESSER individually, in the amount of $ 3,347.55 with continuing finance charges thereon at the statutory rate of 6% per annum from the date of judgment, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A William T. Molczan, squire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#:05488071 HSBC MASTERCARD STATEMENT MICHAEL E ELSESSER ACCOUNT SUMMARY PAYMENT SUMMARY BALANCE SUMMARY ACCOUNT 5407-9100-0016-1396 OVERLIMIT AMOUNT 41,510.59 PREVIOUS BALANCE NUMBER MINIMUM PAYMENT* 4104.00 PAYMENTS/CREDITS - CASH CREDIT LIMIT. 41,450 CURRENT PAYMENT DUE* 41,614.59 PURCHASES/DEBITS + CASH LIMIT AVAILABLE 40 PAYMENT DUE DATE 07/18/06 LATE PAYMENT CHARGE+ TOTAL CREDIT LIMIT 41,450 PAST DUE AMOUNT 4202.13 MISC. FINANCE CHARG+ TOTAL CREDIT LIMIT 40 AVAILABLE FINANCE CHARGE + *See reverse side fo r an ex- STATEMENT DATE 06/23/06 planation of these amounts. NEW BALANCE _ #2,851.85 40.00 435.00 40.00 40.00 473.74 42,960.59 TRAM POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CREDITS 06/1706/17 LATE CHARGE ASSESSMENT 10000005000000999457600 435.00 .Cash Credit Limit is a portion of the Total Credit Limit TRANSACTION SUMMARY CFor additional transaction detail go to www.hsbccreditcard.com ) EXHIBR 1 OUTSIDE USA, COLLECT: 1-503-245-9280 Manage your account online at: www.hsbccrediteard.com 110241 N 23 0000000500 G STMTXT 2 8 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check MAIL PAYMENTS TO: QUESTIONS? MAIL INQUIRIES TO: HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES PO BOX 17051 ENGLISH 1-800-216-1013 PO BOX 80084 BALTIMORE MD 21297-1051 ESPA OL 1-800-950-3390 SALINAS CA 93912-0084 Account Number 5407-9100-0016-1396 New Balance 42,960.59 Payment Due Date 07/18/06 Current Payment Du41,614.59 Make checks payable to HSBC CARD SERVICES . Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. a I IL I Amount Enclosed #BWNHYTS #950000161394# MICHAEL E ELSESSER 163 SUSQUEHANNA AVE ENOLA PA 17025-2423 HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 540791000016139600161459002960590 II VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ?r (NAME) of Q,.._ , plaintiff herein, that ( TLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and cv__t:; to the best of his/her knowledge, information anct belief. IGNAT WWR# i a T Tl r i cli ^? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC NEVADA BANK N A VS ELSESSER MICHAEL E TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the ELSESSER MICHAEL E was served upon DEFENDANT , at 1549:00 HOURS, on the 7th day of February-, 2007 at 163 SUSOUEHANNA AVENUE ENOLA, PA 17025 MICHAEL E ELSESSER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 5DI a' 0 Sworn and Subscibed to 0 before me this day of , So Answers: R. Thomas Kline /f 02/08/2007 WELTMAN WEINBERG REIS -_l?- By: De uty She ff A.D. 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 # 5488071 HSBC BANK NEVADA, N.A VS. MICHAEL E ELSESSER #' a V i t { N0 T Aia Attorney fob,f? 1," () '? 2: "J`; 3' _ t I 'S V J_\" ki I A, CUMBERLAND County Court of Common Pleas 07-702 CIVIL TERM 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, against Defendant(s). 2. On or about May 1, 2012 Plaintiff, HSBC BANK NEVADA, N.A, 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 Plaintiff in the above matter. WELTMAN, WEINBERG & REIS CO., L.P.A. i? By_ Wiliam T. olc squire Attorney for Plaint ff EXHIBIT BILL OF SALE This BILL OF SALE (the "Bill of al ") 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 "), ity_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 "Agreement"); 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'; 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(cl and 1.3fb) 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 finther 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, 10.10 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 BW of Sale) CAPITAL QNE-W?kTIONAL ASSOCIATION Murray P. Abrams Executive Vice President, Cwporate Development [Signature Page to Bill of Sale] CAPITAL ONE $AWJkJSA), NATIONAL ASSOCIATION By:, Title: E ecutivc Vice President, (forporate Development [Siglurture Page to Bill of Sale] Annex A Allocations I . 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 Scbedule 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 f' Ft ED WELTMAN, WEINBERG & REIS CO., L.P.A. &t THE FROT BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s)??? I.D. No.86469 13 436 Seventh Avenue, Suite 1400 CUMRLAN , Pittsburgh, PA 15219 PENNSYi. Phone: 412.434.7955 Fax: 412.434.7959 File # 5488071 CAPITAL ONE BANK (USA) NA VS. MICHAEL E ELSESSER CUMBERLAND County Court of Common Pleas NO. 07-702 CIVIL TERM 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., By Sarah E. Ehasz, Esquire Attorney for Plaintiff 2: 16 Y Ty L ;4 dl? 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