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Home My WebLink About09-3469r, i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: Off ?tlu9 &p/ "/(M vs. RICKY TRIMBLE COMPLAINT IN CIVIL ACTION 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 06716135 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. Civil Action No RICKY TRIMBLE 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 b 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 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: RICKY TRIMBLE 820 BELVEDERE ST APT 1 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7696 . 4. Defendant made use of said credit card and has a current balance due of $6213.54 , as of May 05, 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. Plaintiff is entitled to the addition of interest at the rate of 6.000W per annum on the unpaid balance from May 05, 2009 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" and made a part hereof. 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 , RICKY TRIMBLE , INDIVIDUALLY , in the amount of $6213.54 with continuing interest thereon at the rate of 6.000% per annum from May 05, 2009 plus costs. WELT 436 Pitt (4V06 FAs WEINBERF,&ZREGJI2 S CO., L.P.A. v nth Avenue, Suite 1400 u gh, PA 15219 34-7955 12-338-7130 35 C N Pit KMJ This law firm is a debt collector attJ pting to collect this debt for our client and any information obtained will be used for that purpose. AFSCME ADVANTAGE MASTERCARD RICKY TRIMBLE ACCOUNT SUMMARY ACCOUNT 54804200.2784-7896 NUMBER TOTAL CREDIT LIMIT $7,500 TOTAL CREDIT LIMIT $o AVAILABLE STATEMENT DATE 03111/08 PAYMENT SUMMARY MINIMUM PAYMENT' $178.00 PAYMENT DUE DATE 04105/08 PAST DUE AMOUNT $1,284.00 CURRENT PAYMENT DUE' $1,442.00 To avoid an additional lots fee, you must pay the Conant Payment Due (which includes the Minimum Payment plus any Past Due Amount). ' See About Your Payment on reverse for an coanation of these amounts. Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $6,098.05 PAYMENTS/CREDITS - $0.00 PURCHASESIDEBrrS + $35,00 FINANCE CHARGE + 80.4 NEW BALANCE = $8,213.54 TRANSACTION SUMMARY (For additional transaction detail go to www.unionpluumrd.com) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CREDITS 03107 03/07 LATE CHARGE ASSESSMENT 1 740 $35.00 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. Average Daily Days FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advance/ Annual PERCENTAGE Balance Rate Billing Rats Transaction Fees Percentage RATE PURCHASES BONUS CHECK $1,285.88 0.04518% Cycle 29 $16.59 $0.00 Rate 16.49% 18.490% BONUS CHECK $4,456.69 $420 27 0.04518% 0 04518% 29 29 $58.39 $0.00 16.49% 18.490% CASH ADVANCES . $0.00 . 0.00000% 29 $5.51 $0.00 $0.00 $0.00 16.49% 19.99% 16.490% 19.990% MAIL PAYMENTS TO: UNION PLUS CREDIT CARD PO BOX 17051 BALTIMORE MD 21297-1051 IN QUESTIONS? 24-HOUR CUSTOMER SERVICE 1.800.822-2580 OUTSIDE USA, COLLECT: 1-702-243-1575 TOO HEARING IMPAIRED: 14W455.8392 2 Manage your account online at: www.unionpluward.com ® MAIL INQUIRIES TO: UNION PLUS CREDIT CARD PO BOX 80027 SALINAS CA 93912-0027 010212 51 11 0000003000 G STMT57 D E 00013453 UPI PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check p a Account Number NW-4200-278 7_81K Now Balance $6,213.54 Minimum Payment $178.01 Payment Due Date 04AX= Current Payment Due $1,442.01 adude account number on check to UNION PLUS CREDIT CARD. Do not send cash. Son Payment r 1o iu aays pnor to "Vnem Due Date to ensure timely delivery. To avoid an additional late fee, pay the Current Payment Due. Amount Enclosed RICKY TRIM4BLE 820 BELVEDERE ST APT 1 CARLISLE PA 17013-4018 UNION PLUS CREDIT CARD loll 1111111111Igloo 1'II"11Ln111Igloo 111n1111aloll 11l1Ill PO BOX 17051 BALTIMORE MID 21297-1051 loll Ill 1111111 11111 Igloo 11111 1111111111 Igloo 11111111 _116-ft LIU 548042002784769600144200006213549 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. 'Va"- kk-W&4" VALERIE DEMARAIS 06716135 5480420027847696 $6213.54 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. VJ TF- PINt Sheriffs Office of Cumberland County R Thomas Kline $ „tv 61 + RWbtr4 nawaro 1, acnorpp Sheri 4# Solicitor Ronny R Anderson t Jody S Smith Chief Deputy OR4CE C' THE s"EoucR Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 08:36 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ricky Trimble, by making known unto himself personally, defendant at 820 Belvedere Street Apt. 1 Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, May 29, 2009 R THOMAS KLINE, SHERIFF I Y eri 2009-3469 HSBC Bank Nevada v Ricky Trimble N L._ i i M rv = +._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV1L DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. RICKY TRIMBLE Defendant No. 09-3469 CIVIL TERM PRAECIPE FOR. DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06716135 Judgment Amount $ 6,326.92 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV1SiON HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 09-3469 CIVIL TERM RICKY TRIMBLE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, RICKY TRIMBLE above named, in the default of an Answer, in the amount of $6,326.92 computed as follows: Amount claimed in Complaint $6,213.54 Interest from May O5, 2009 to August 24, 2009 at the legal interest rate of 6.00% per annum $113.38 TOTAL $6,326.92 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06716135 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219 And. that the last known address of the Defendant is: 820 BELVEDERE ST APT 1, CARLISLE, PA 17013 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Case no: 09-3469 CIVIL TERM Plaintiff vs RICKY TRIMBLE NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, RICKY TRIMBLE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, RICKY TRIMBLE is not in the military service. Further Affiant sayeth naught. ~/ AFFIANT SWORN TO AND SUBSCRIBED in my presence this of ~ c2 vI '~' . `moo-~~i lU~ ~ NO RY PUBL COMMONW~- ~ N~~-V~~ Wayne A. Jones, Notary Public City of Pirisburgh, Ailpheny County My Commission June 21i, 2010 Member, Pennsylvania Aeeodatlon ~~day Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-19-2009 07:08:47 "~.. Last Name First/Middle Begin Date Active Duty Status Service/Agency TRIMBLE RICKY Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~~_ ~r-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/facT/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: CFAQOBWDPZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/19/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N,A Plaintiff vs. RICKY TRIMBLE Case No. 09-3469 CIVIL TERM Defendant IMPORTANT NOTICE TO: RICKY TRIMBLE 820 BELVEDERE ST APT 1 CARLISLE, PA 17013 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. Mafth- e l rban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Buiiding Pittsburgh, PA 15219 Phone: (412) 434-7955 6716135 N PIT L4Q rlLi~l? -~'~ ~~~ ~j $ I~.00 PD A`[Ty R~ a3olas IJa~ceR, ~.a~lec~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 09-3469 CIVIL TERM RICKY TRIMBLE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( }Garnishee You are hereby notified that the following Order o J dgment was entered against you on d (xx) Assumpsit Judgment in the amount of $6,326.92 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 (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO HONOTARY O UTY) RICKY TRIMBLE 820 BELVEDERE ST APT 1 CARLISLE, PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No. 47437 ° 436 Seventh Avenue, Suite 1400 - `° Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6716135 HSBC BANK NEVADA, N.A CUMBERLAND County Court of Common Pleas vs. 09-3469 CIVIL TERM RICKY TRIMBLE 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, N.A.. See attached as Exhibit A, a copy of the Assignment of this account from current Plaintiff to Capital One, N.A.. 3. Pursuant to the foregoing, kindly substitute Capital One, N.A. for HSBC BANK NEVADA, N.A as Plaintiff in the above matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By W ,// JAk?? William T. Molc squire Attorney for Plaintiff EXHIBIT A, 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"); 1, 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,greement"); 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(c) and 3.3 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, 1Q Q2, 10.3, 10.4, 10.5. 10.6 10.7, 10.10 and 10.13. [Signatures Appear on the Following Pagel 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 Tide: Executive Vice President, Chief Financial Officer and Treasurer [Signature Page to Bill of Sale) CAPITAL Q&EJ ATIONAL ASSOCIATION Murray P. Abrams Executive Vice President, Corporate Development [Signature Page to Bill of Sale) CAPITAL ONE BAW 02SA), NATIONAL ASSOCIATION By: Name: M y P7Abram`t ---1' 'T'itle: ?rporate ecutive Vice President, 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 Tune; 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. DAMA.RK (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 i 1. 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