HomeMy WebLinkAbout09-3620IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A
Plaintiff No: N - 3wo GA*v it Iervn
VS.
COMPLAINT IN CIVIL ACTION
CURTIS D HORN
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
07265292 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
CURTIS D HORN
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 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:
CURTIS D HORN
7 KOSER LN
SHIPPENSBURG, PA 17257
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX6086 .
4. Defendant made use of said credit card and has a current balance
due of $1792.32 , as of May 08, 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
6.000% per annum on the unpaid balance from May 08, 2009 . A copy of
Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and
made a part hereof.
I I.
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 , CURTIS D HORN , INDIVIDUALLY , in the amount of
$1792.32 with continuing interest thereon at the rate of 6.000% per
annum from May 08, 2009 plus costs.
This law firm is a debt collector at
our client and any information obtai
James c warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 P41 th Avenue, Suite 1400
Pith, PA 15219
(41-7955
FAX338-7130
072 C N Pit KMJ
tem to collect this debt for
ned will be used for that purpose.
ROUSEHOLD BANK PLATINUM
CURTIS D HORN - Valued Cardmember Since 2007
ACCOUNT SUMMARY
ACCOUNT 5491.1000-1989.8088
NUMBER
TOTAL CREDIT LIMIT $1,000
TOTAL CREDIT LIMIT $80
AVAILABLE
STATEMENT DATE 0211=8
PAYMENT SUMMARY
MINIMUM PAYMENT' $22.00
PAYMENT DUE DATE 0314/08
CURRENT PAYMENT DUE' $22.00
' See About Your Payment on reverse for
an explanation of these amounts.
17 * TI
Page 1 of 1
BALANCE SUMMARY
PREVIOUS BALANCE $988.95
PAYMENTS/CREDITS - $50.00
PURCHASES/DEBITS + $7.82
FINANCE CHARGE + $12.40
NEW BALANCE _ $939.17
TRANSACTION SUMMARY
(For additional transaction detail go to www.houseMIdbank.com)
TRANS POST TRANSACTION REFERENCE AMOUNT
WM DATE DESCRIPTION NUMBER CHARGES CREDITS
02001 02101 PAYMENT - THANK YOU 50201088253005051839884 450.00
02/19 02/19 ACCOUNTSECURE PLUS 800.00-1532 $7.82
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 Rate Transaction Fees Percentage RATE
Cycle Rate
PURCHASES $943.34 0.04381% 30 $12.40 $0.00 15.99% 15.980%
CASH ADVANCES $0.00 0.00000% 30 $0.00 Woo 24.15% 24.150%
As a reminder, your APRs may immediately increase up to the Default APR If your payment Is late or you exceed your credit
limit, as per your Cardmember Aareement and Disclosure Statement.
EXHIr
? MAIL PAYMENTS TO: 9 QUESTIONS? ® MAIL INQUIRIES TO:
HSBC CARD SERVICES 24-HOUR CUSTOMER SERVICE HSBC CARD SERVICES
PO BOX 17051 1400.482.2018 PO BOX 81922
BALTIMORE MD 21297-1051 OUTSIDE USA, COLLECT: 1-757523-3880 SALINAS CA 93912-1822
TOO HEARING IMPAIRED: 1-000.395-9020
a Manage your account online at:
www.househddbank.com
080750 5 19 0000000103 G STMT37 D 2 00017831 HDP1
PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check
Account Number 54914000-1989-808(
Payment Due Date 03114/01
4ew Balance $939.17 Current Payment Due $22.0
iduds account number on check to HSBC CARD SERVICES. Do not send cash. Send RFei
r to iu clays pnor to the vayment Due Date to ensure timely delivery.
Amount
Enclosed
CURTIS D HORN
7 3008ZR IN
SHIPPZNSBURG PA 17257-9481
loll 1111111111/111111111/1111111111111111111111111111111111111
HSBC CARD SZRVICZS
PO BOX 17051
BALTIMORZ MD 21297-1051
11111111111111111,11dr1111111111nu1/1nIs 11//1111
549110001989608600002200000939178
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, CHARLES SHUMAN, 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.
CHARLES SHUMAN
07265292
5491100019896086
$1792.32
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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et,X404 a3?8
04 caa-(.10-1
Sheriffs Office of Cumberland County
R Thomas Kline ~a~,~,~tp at ~ittn6ert~a Edward L Schorpp
Sheri ~ ~` Solicitor
Ronny R Anderson ~~=~ ~.~'~`~° Jody S Smith
Chief Deputy ~sFr ~c~ or rr~~ a~aiFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/10/2009 01:10 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states tfhat on June 10,
2009 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the v~ithin named
defendant, to wit: Curtis D. Horn, by making known unto himself personally, defendant at ~ Koser Lane
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same timle handing to hirr
personally the said true and correct copy of the same.
SHERIFF COST: $46.00 SO ANSQW~ER~S,
June 11, 2009 R THOMAS KLINE, SF~ERIFF
uty Sheriff
2009-3620
HSBC Bank Nevada
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A
Plaintiff
vs.
CURTIS D HORN
Defendant
No.09-3620 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
MATTHEW D URBAN, Esquire
PA LD. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412)434-7955
WWR#7265292
Judgment Amt: $1792.32
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DNISION
HSBC BANK NEVADA, N.A
Plaintiff
vs. Civil Action No. 09-3620 CNIL TERM
CURTIS D HORN
Defendant
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, CURTIS D HORN , in the amount of $1792.32 plus costs, based upon
the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
Attorney for Plaintiff
CURTIS D HORN ,
De endant
WWR#7265292
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DNISION
HSBC BANK NEVADA, N.A
Plaintiff
vs. Civil Action No. 09-3620 CNIL TERM
CURTIS D HORN
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, CURTIS D HORN ,above-named, in
the amount of $1792.32 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by
Consent, as follows:
Defendant admits indebtedness to Plaintiff in the amount of $1792.32 with continuing
interest thereon at a rate of 6% per annum plus costs from date of judgment.
2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, CURTIS D HORN , in the amount of $1792.32 plus
continuing interest thereon at the rate of 6% per annum from date of judgment and costs.
Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $75.00 due by 6/26/2009;
(b) $75.00 due every month of each consecutive month thereafter until the 3udgment amount plus
accrued interest and costs are paid in full.
. r • ~ ~
4. All payments are to be made payable to the order of "HSBC BANK NEVADA, N.A"
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. All future payments are to be
mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430.
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 Plaintifi?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.
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 this~j day o /~ ,
20~.
WELTMAN, WEINBERG & REIS CO., L.P.A.
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
(412) 434-7955
WWR No. 7265292
B ~ ,`
Defendant, CURTIS D HORN
FiLt;~F~E
t7F THE P,~T~;~f03ARY
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IIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A
Plaintiff
vs. Civil Action No. 09-3620 CNIL TERM
CURTIS D HORN
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx) Defendant
( )Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on
(xx) Assumpsit Judgment in the amount
of $1792.32 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
CURTIS D HORN
7 KOSER LN
SHIPPENSBURG,PA 17257
By:
PR ONO UTY)
~~ . ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A
Plaintiff
vs.
CURTIS D HORN
Defendant
No. 09-3620 CIVIL TERM
ACCEPTANCE OF SERVICE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
MATTHEW D URBAN, ESQUIRE
PA I . D. #90963
Weltman, Weinberg 8~ Reis Co., L.P.A.
2601 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7265292
. ~.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A
Plaintiff
vs. Civil Action No. 09-3620 CIVIL TERM
CURTIS D HORN
Defendant
ACCEPTANCE OF SERVICE
I, CURTIS D HORN, do hereby accept service of the Complaint in Civil Action.
DATE: ~ ' ~ _ d / ~~[~'c~i 4 671`,x^-----
Defendant
,, .. -.
~ ~ ~~~
Z~O~ .lUL 2Q ~~ 2~ 4 ~
P~1P~iYI.VAIyiiA ,
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 # 7265292
HSBC BANK NEVADA, N.A
VS.
CURTIS D HORN
Attorney for *f9 .
CUMBERLAND County
Court of Common Pleas
09-3620 CIVIL TERM
ifs
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N
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.
W
By
William T. Molc , Esquire
Attorney for Plaintiff
t 3
a?-?j 1
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` End "), in favor of Capital One, National Association, a national banking
association ("CONX ), 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 egr ement");
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 f n-ther 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 17123
HSBC BANK NEVADA, A.
By:
Name: Mike Reeves
Title: Executive Vice President, Chief Financial
Officer and Treasurer
[Signature Page to Bill of Sale]
CAPITAL QNE-'0-MTIONAL ASSOCIATION
N : 'Murray P. Abrams
Titl ; Executive Vice President,
Corporate Development
[Signature Page to Bill of Sale]
CAPITAL ONE WkWPAA), NATIONAL ASSOCIATION
By:
Title: E ecutive'Vice President,
(Jorporate Development
[Signahaw 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'I - 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