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Home My WebLink About09-4184IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: gl,6q 0 tvjL ler v4 VS. COMPLAINT IN CIVIL ACTION GARY W SHEW 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 07323369 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 GARY W SHEW 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: GARY W SHEW 88 E MAIN ST NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2746 . 4. Defendant made use of said credit card and has a current balance due of $5816.59 , as of May 22, 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 22, 2009 . A copy of Plaintiff's statement 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 , GARY W SHEW , individually , in the amount of $5816.59 with continuing interest thereon at the rate of 6.000. per annum from May 22, 2009 plus costs. JameJbh armbrodt,42524 WELTEINBERG & REIS CO., L.P.A. 436 h Avenue, Suite 1400 Pitt, PA 15219 (4127955 FAX:38-7130 0732 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 ID PLATINUM MASTERCARD STATEMENT ACCOUNT SUMMARY ACCOUNT 5491-0986-1378-2746 NUMBER TOTAL CREDIT LIMIT $5,000 TOTAL CREDIT LIMIT $0 AVAILABLE STATEMENT DATE 02/05/09 PAYMENT SUMMARY MINIMUM PAYMENT' $275.00 PAYMENT DUE DATE 03/02/09 OVERLIMIT AMOUNT $372.66 PAST DUE AMOUNT $410.00 CURRENT PAYMENT DUE' $685.0 To avoid additional late and/or overlimit lees, you must pay the Current Payment Due (which includes the Minimum Payment and any Past Due and/or Overlimit Amounts). 'See About Your Payment on reverse for an HSBC Cash Back Rewards Summary Previous Earnings $1925 Earnings $000 Total Earnings $19.25 Mas erCasJ Page 1 of 2 BALANCE SUMMARY PREVIOUS BALANCE $5,152.33 PAYMENTS/CREDITS - $0.00 PURCHASES/DEBITS + $78.00 FINANCE CHARGE + 142.33 NEW BALANCE _ $5,372.66 TRANSACTION SUMMARY (For additional transaction detail go to www.hsbccreditcard.com) TRANS POST TRANSACTION REFERENCE DATE DATE AM DESCRIPTION OUNT NUMBER CHARGES CREDITS 01130 01130 LATE CHARGE ASSESSMENT 10000004000000999763670 01/30 01/30 $39.00 OVERLIMIT CHARGE ASSESSMENT 10000004000000999763660 $39.00 EXHIF ? MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17332 BALTIMORE MD 21297-1332 V QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-888-385-8916 OUTSIDE USA, COLLECT: 1-716-841-7141 TOD HEARING IMPAIRED: 1-800.655-9392 Q Manage your account online at: www.hsbccreditcard com ® MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 80026 SALINAS CA 93912-0026 140801 5 05 0000000400 G STMTXO 2 F 00004758 EXCPT PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check HSBC ID Account Number 5491-0986-1378-274E New Balance $5,372.66 Minimum Payment $275.0( Payment Due Date 03/02/09 Current Payment Due $685.0( iclude account number on check to HSBC CARD SERVICES. Do not send cash. Sen - - •• •- ?W,- v- - u rayment vue uate to ensure timely delivery. To avoid additional late and/or overlimit fees, pay the Current Payment Due. Amount Enclosed GARY W SHEW rl rllnl t r II nn lil t Illr r t rll Ir I PO BOX 223 III III I I I u III IIIIIIIII III I I I illl LANDISBURG PA 17040-0223 HSBC CARD SERVICES N PO BOX 17332 I"I'Illllllll'II'I"II'Illl'I'Itlrlrrlllll'Il'1ltlrrlrlllrrllrll BALTIMORE MD 21297-1332 549109861378274600068500005372668 HSBC QD PLATINUM MASTERCARD STATEMENT Penn 7 of 7 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. PURCHASES CASH ADVANCES (v) indicates variable rate Average Daily Days FINANCE CHARGE Nominal ANNUAL Daily Bala Periodic in At Periodic Cash Advance/ Annual PERCENTAGE nce Rate Billing Rate Transaction Fees Percentage RATE Cycle Rate $5,238.31 0.08765%(v) 31 $14233 $0.00 31.99%(v) 31.990% $0.00 0.08765%(v) 31 $0.00 $0.00 31.99%(v) 31.990% ? MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17332 BALTIMORE MD 21297-1332 W QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-888-385-8916 OUTSIDE USA, COLLECT: 1-716-841-7141 TDD HEARING IMPAIRED: 1-800-655-9392 Q Manage your account online at: WWw.hsbccreditcard corn H MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 80026 SALINAS CA 93912-0026 140801 5 05 0000000400 G STMTXO 2 F 00004758 EXCPT PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check 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, 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 07323369 5491098613782746 $5816.59 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Sheriffs Office of Cumberland County R Thomas Kline ~ , at ~~~,~~; ~r~~ Sheriff ~ i'`t'i' cr Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy ~ ~ ~ °~ -- ~~:.~rF Civil Process Sergeant HSBC Bank Nevada, N.A. vs. Case Number Gary W. Shew 2009-4184 SHERIFF'S RETURN OF SERVICE 06/25/2009 01:15 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1315 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary W. Shew, by making known unto himself personally, defendant at 88 E. Main Street Newville, 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: $38.80 June 29, 2009 SO ANSWERS, .~~~ . R THOMAS KLIN ~E~~ ER~FFF ty Sher ~ ~ C w C3 -~ ~_ z~ t~~y c..._ ~-~-~ f , '~~ ~_ c~ -r~ m d,,,..C 'lt..` . _. ; ~ , ,....E -. M ~'~- t' ~ ~ a-si - (~ ' rv ° C ~? "~ FILED-C} FTE OF TIFIE 13 F'F' 14 A41 9: 18 f E NNS 1 LYA VA HSBC BANK NEVADA, N.A Plaintiff VS. GARY W SHEW Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 09-4184 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07323369 C N Pit JAM Judgment Amount $5816.59 $ 4.00 Pa A`tw C-t ;47b 6320 & a481-77 uo? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-4184 CIVIL TERM GARY W SHEW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant GARY W SHEW above named, in the default of an Answer, in the amount of $5816.59 computed as follows: Amount claimed in Complaint $5816.59 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $5816.59 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: James C. UWrmbrodt,42524 07323369 N Pit JAM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, P 15219 And that the last known address of the D f dant is GARY W SHEW 317 W MAIN ST NEW BLOOMFIELD, PA 17068 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. GARY W SHEW Civil Action No. 09-4184 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the ollowing order of Judgment was entered against you on 1+? Ib (xx) Assumpsit Judgment in the amount of $5816.59 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 A By: GARY W SHEW 317 W MAIN ST NEW BLOOMFIELD, PA 17068 Plaintiff's address is: c/o WELTMAN, WEIN13ERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. GARY W SHEW Defendant Case No. 09-4184 CIVIL TERM IMPORTANT NOTICE TO: GARY W SHEW 88 E MAIN ST NEWVILLE, PA 17241-11 8 Date of Notice: `"C tJ 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, ERG & REfS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7323369 N PIT L4Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. GARY W SHEW Civil Action No. 09-4184 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first 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 , GARY W SHEW is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. GARY W SHEW 317 W MAIN ST NEW BLOOMFIELD, PA 17068 is not in the military service. Further Affiant sayeth naught. Request for M_ ;1itary Ste.us Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-02-2010 10:59:34 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service A gency SHEW GARY W Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). &MY, 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL htt-o://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/2/2010 Request for M. ;.Ii*.arv Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:3023IOVLIQ https://www.dmde.osd.mil/appj/scra/popreport.do 9/2/2010 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 # 7323369 HSBC BANK NEVADA, N.A VS. GARY W SHEW Attorney for Plaintiff(s) CUMBERLAND County Court of Common Pleas 09-4184 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. By W ? William T. olc , Esquire Attorney for Pla' iff EXHIBIT A BILL OF SALE This BILL OF SALE (the "Bill of Sale") dazed 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 "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 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: ections 10.1. 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.10 and 10.13. [Signaturar 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 Tide: Executive Vice President, Chief Financial Officer and Treasurer (Signature Page to Bill of Sale) CAPITAL QRE,,>ATIONAL ASSOCIATION N :' Murray P. Abrams Titl : Executive Vice President, Corporate Development [Signature Page to Bill of Sale] CAPITAL ONE WAI CSA), NATIONAL ASSOCIATION By: Title: E eautive Vice President, rporate Development [Signalure 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 rovided 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. DAM.ARK (containing the Damark Visa logo but not the Damark Internal 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