HomeMy WebLinkAbout09-6094IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs
THOMAS K KLEINFELTER III
Defendant
No: 0044 ?V 1 k -rPA
COMPLAINT IN CIVIL ACTION
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
07438131 C N Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS. Civil Action No
THOMAS K KLEINFELTER III
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
T '
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:
THOMAS K KLEINFELTER III
49 SCARSDALE DR
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9921 .
4. Defendant made use of said credit card and has a current balance
due of $2113.98 , as of August 24, 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 August 24, 2009 . A copy
of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , THOMAS K KLEINFELTER III , individually , in the
amount of $2113.98 with continuing interest thereon at the rate of
6.000% per annum from August 24, 2009 plus costs.
Jam W ro t, 42524
WE , WEINBERG & REIS CO., L.P.A.
43 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07438131 C N Pit SJS
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.m
PLATINUM MASTERCARD STATEMENT
ACCOUNT SUMMARY
ACCOUNT 5491-0988-9464-9921
NUMBER
TOTAL CREDIT LIMIT $1,505
TOTAL CREDIT LIMIT $0
AVAILABLE
STATEMENT DATE 03125109
PAYMENT SUMMARY
MINIMUM PAYMENT" $111.00
PAYMENT DUE DATE 04/19/09
OVERLIMIT AMOUNT $608.98
PAST DUE AMOUNT $765.00
CURRENT PAYMENT DUE' $876.
To avoid additional late and or overlimit fees, 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
Page 1 of 1
BALANCE SUMMARY
PREVIOUS BALANCE $2,024.56
PAYMENTS/CREDITS - $0.00
PURCHASES/DEBITS + $39.00
FINANCE CHARGE + 50.42
NEW BALANCE _ $2,113.98
TRANSACTION SUMMARY
(For additional transaction detail go to www.hsbccreditcard.com)
TRANS POST TRANSACTION REFERENCE AMOUNT
DATE DATE DESCRIPTION NUMBER CHARGES CREDITS
03/22 03122 LATE CHARGE ASSESSMENT 10000004000000999154310 $39.00
IF YOU ARE UNABLE TO SEND YOUR PAYMENT TODAY, PLEASE CALL 800-724-4967 TO DISCUSS A REPAYMENT ARRANGEMENT.
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 $2,054.28 0.08765%(v) 28 $50.42 $0.00 31.99%(v) 31.990%
CASH ADVANCES $0.00 0.08765%(v) 28 $0.00 $0.00 31.99%(v) 31.990%
(v) indicates variable rate
EMS
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
® MAIL INQUIRIES TO:
HSBC CARD SERVICES
PO BOX 80026
SALINAS CA 93912-0026
IDF01
1408015 E 25 0000000400 G STMT69 D K 00011169
PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check
? MAIL PAYMENTS TO:
HSBC CARD SERVICES
PO BOX 17332
BALTIMORE MD 21297-1332
SBC ?? Account Number 5491-0986-9464-9921
H B New Balance $2,113.98 Minimum Payment $111.00
Payment Due Date 04/19/9 Current Payment Due $876.00
Include account number on check to HSBC CARD SERVICES. Do not send cash. Send
payment 7 to 10 days prior to Payment Due Date to ensure timely delivery. To avoid additional
late and/or overlimit fees, pay the Current Payment Due.
Amount
Enclosed
R
0
THOMAS K KLEINFELTER III
49 SCARSDALE DR
CAMP HILL PA 17011-7939
11111111 1111111111 11111111111 1111111 1 111111 11111111 1i 11 1111111111
II'll"tl'I'I'11"IIi1i11'111111111111111111iI'1'lll'llllllllllrl
HSBC CARD SERVICES
PO BOX 17332
BALTIMORE MD 21297-1332
549109869464992100087600002113989
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, 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
07438131
5491098694649921
$1771.57
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
0
2009 SEP -8 P 1: '26
WOE
-*I8.50 PA A`rrY
eta ga3i i78
Zoa_Q 7
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
GAFF °c,^,: T c c?£RIFI=
FILED ' : '!CG
C' RY
OF THE
2009 SEP Is AIN 9: 1t
Edward L Schorpp
Solicitor
CUM6
HSBC Bank Nevada, NA
vs. Case Number
Thomas K. Kleinfelter, III 2009-6094
SHERIFF'S RETURN OF SERVICE
09/10/2009 08:01 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
September 10, 2009 at 2001 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Thomas K. Kleinfelter, III, by making known unto himself personally, at
Cumberland County Prison 1101 Claremont Road 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: $46.90
September 14, 2009
SO ANSWERS,
-000pago-00 -a,
R THOMAS KLINE, SHERIFF
BY
Deput Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS.
THOMAS K KLEINFELTER III
Defendant
No. 09-6094 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 Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7438131
Judgment Amount $ 2139.00
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS.
THOMAS K KLEINFELTER III
Defendant
TO THE PROTHONOTARY:
Civil Action No. 09-6094 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, THOMAS K KLEINFELTER III above named, in the default
of an Answer, in the amount of $2139.00 computed as follows:
Amount claimed in Complaint
$2113.98
Interest from AUGUST 24, 2009 TO NOVEMBER 4, 2009
at the legal interest rate of 6.000% per annum $25.02
TOTAL
$2139.00
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 SQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7438131
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 49 SCARSDALE DR, CAMP HILL,PA 17011
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS. Civil Action No. 09-6094 CIVIL TERM
THOMAS K KLEINFELTER III
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
(xx) Assumpsit Judgment in the amount
of $2139.00 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: XSt d U.L
PROTHONOTARY (OR DEPUTY) THOMAS K KLEINFELTER III
49 SCARSDALE DR
CAMP HILL,PA 17011
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
THOMAS K KLEINFELTER III
Defendant
Case No. 09-6094 CIVIL TERM
IMPORTANT NOTICE
TO:
THOMAS K KLEINFELTER III
49 SCARSDALE DR
CAMP HILL, PA 17011 ??t,,
Date of Notice: ao v
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.
By:• -
Matthew Urban
P.A.1.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7438131 N PIT H4P
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Nov-01-2009 15:44:02
" Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
KLEINFELTER THOMAS 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).
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
httn://www.defense]ink.miUfaq,/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.
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
https://www.dmdc.osd.mil/appj/scra/popreport.do l l / 1 /2009
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs
THOMAS K KLEINFELTER III
Case no: 09-6094 CIVIL TERM
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, THOMAS K
KLEINFELTER III 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, THOMAS K KLEINFELTER III is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWO N TO AND SUBSCRIBED in my presence this rday
Of 9°? , 2009,
ARY PUMC
Go"AMOIt* ALt?jl c, - pL?yg??
?_..__. _
WayneA la??es ??'atsw r
City of Pittsburgh, Abeg.r:,.F- ; ,,; f,,
My Commission Frcf?:Es J?,rar.= ?; ;
Member, P-- -" a __ i
?nnsy Y fhl?3 r, ,, ?'k'.:I, C t ..1t^'',,, ?,
OF 2809 RTHE W., ROTO
ev 11 Ali to.. btu
WELTMAN, WEINBERG & REIS CO., L.P.A.
- E
BY: William T. Molczan, Esquire Attorney for Plaintiff(s)
I.D. No. 47437
436 Seventh Avenue, Suite 1400
PA 15219
Pittsburgh ct? "`
,
Phone: 412.434.7955 - i'
Fax: 412.434.7959
File # 7438131 c,
--
HSBC BANK NEVADA, N.A. CUMBERLAND County
Court of Common Pleas
vs.
09-6094 CIVIL TERM
THOMAS K KLEINFELTER III
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_
William T. Mo , Esquire
Attorney for aintiff
EXHIBIT A
BILL OF SALE
This BILL OF SALE (the "Bill of ale") 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. 11, a Delaware corporation (each, a
"Transferring Entity"), in favor of Capital One, National Association, a national banking
association ("COMA"), and Capital One Bank (USA), National Association, a national banking
association ("COBNA"). Capitalized terms used but not otherwise defined herein shall have the
meanings given to such terms in the Agreement (as defined below).
WHEREAS, each of CONA and COBNA is a wholly owned Subsidiary of
Capital One Financial Corporation ("Purchaser");
WHEREAS, Purchaser, HSBC Finance Corporation, HSBC USA Inc. and HSBC
Technology & Services (USA) Inc. are parties to that certain Purchase and Assumption
Agreement, dated as of August 10, 2011 (the "A reement");
WHEREAS, pursuant to Section 2.1(a) of the Agreement, effective as of the
Effective Time, each Seller, as applicable, is to sell, convey, transfer, assign and deliver, or cause
one or more of its Subsidiaries to sell, convey, transfer, assign and deliver to Purchaser, and
Purchaser is to purchase and accept from each Seller or its applicable Subsidiaries, all of each
such Selling Entity's right, title and interest in, to and under the Acquired Assets that are tangible
personal property (the "Applicable Acquired Assets';
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 shalt cause its Subsidiaries to, without further consideration, cooperate, execute and deliver
all such further bills of sale, assignments or other instruments of conveyance and transfer, and
take such actions, all as may be reasonably requested by CONA and COBNA, and their
successors or assigns, in order to carry out the sale, assignment, conveyance, transfer and
delivery of the Applicable Acquired Assets covered by this Bill of Sale as contemplated in this
Bill of Sale and the Agreement.
b. This Bill of Sale shall become effective as of the Effective Time at the Closing
pursuant to the terms of the Agreement. Nothing in this Bill of Sale shall be deemed to
constitute an agreement to sell, convey, transfer, assign or deliver to Purchaser or its Subsidiaries
any Applicable Acquired Asset (or portion thereof) prior to the Effective Time.
C. This Bill of Sale is given pursuant to the provisions of the Agreement and the
sale, conveyance, transfer, assignment, and delivery of the Applicable Acquired Assets
hereunder are made subject to the terms and conditions of the Agreement and shall be construed
consistently therewith. Nothing in this Bill of Sale, express or implied, is intended to or shall be
construed to supersede, modify, replace, amend, rescind, waive, expand or limit in any way the
rights of the parties under, and the terms of, the Agreement. In the event that any provision of
this Bill of Sale -is construed to conflict with a provision in the Agreement, the parties agree that
the provision in the Agreement shall be controlling.
d. The following Sections of the Agreement are incorporated into this Bill of Sale by
reference, to be applied and construed consistently with the application of such Sections in the
Agreement as if such Sections were set forth herein: Sections 10.1. 10.2. 10.3, 10.4, 10.5, 10.6,
10.7, 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 Bill of Sale)
CAPITAL QRB ATIONAL ASSOCIATION
Murray P. Abrams
Executive Vice President,
Corporate Development
[Signature Page to Bill of Sale)
CAPITAL ONE CJ03SA}, NATIONAL ASSOCIATION
By:
Title: E eoutive Vice President,
rporate Development
[Signature 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 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. DNS
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