Loading...
HomeMy WebLinkAbout10-3865 1?IQ? Pri 2: 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No: vs. DAWN M SHEFFIELD 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 07797599 C N Pit EMR cr- 9,4/6y ? S7 3 240- aY33-6/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No DAWN M SHEFFIELD 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: DAWN M SHEFFIELD 303 S QUEEN ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8156 . A copy of the Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 4. Defendant made use of said credit card and has a current balance due of $2549.52 , as of May 12, 2010 . 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. 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 , DAWN M SHEFFIELD , individually , in the amount of $2549.52 with continuing interest thereon at the rate of 6.00001 per annum from date of judgment plus costs. James C_ rmbrodt,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Seve h Avenue, Suite 1400 Pittsbur PA 15219 (412) 4 7955 FAX: 41 - 38-7130 0779759 C N Pit EMR This law firm is a debt collector attemptifi to collect this debt for our client and any information obtained-w4 be used for that purpose. HOUSEHOLD BANK PLATINUM DAWN M SHEFFIELD ACCOUNT SUMMARY ACCOUNT X 8156 NUMBER TOTAL CREDIT LIMIT $2,000 TOTAL CREDIT LIMIT $0 AVAILABLE CASH CREDIT LIMIT 1 $1,000 CASH LIMIT AVAILABLE $0 STATEMENT DATE 08/10/09 PAYMENT SUMMARY MINIMUM PAYMENT' $89.00 PAYMENT DUE DATE 09/04/09 OVERLIMIT AMOUNT $549.52 PAST DUE AMOUNT $514.00 CURRENT PAYMENT DUE` $638.5 To avoid additional late and or overlimit lees, you must pay the Current Payment Due (which includes the Minimum Payment and any Past Due andhr Overlimit Amounts). 'See About Your Payment on reverse for an 1 Cash Credit Limit is a portion of the Total Credit Limit Ma;1r:(q?d Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $2,486.47 PAYMENTS/CREDITS $0.00 PURCHASES/DEBITS + $0.00 FINANCE CHARGE + 6? 3.05 NEW BALANCE _ $2,549.52 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 BALANCE TRANSFER $2,202.00 0.08080%(v) 31 $55.16 $0.00 29.49%(v) 29.490% PURCHASES $314.84 0.08080%(V) 31 $7.89 $0.00 29.49%(v) 29.490% CASH ADVANCES $0.00 0.08080%m 31 $0.00 $0.00 29.49%(v) 29.490% (v) indicates variable rate IMPORTANT INFORMATION Your credit line available for Cash Advances has been increased as shown in the Cash Credit Limit above. EXHIBIT ? MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 2 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-600-462-2016 OUTSIDE USA, COLLECT. 1-757-523-3880 TDD HEARING IMPAIRED: 1-800-395-9020 Q Manage your account online at: www householdbank corn DA MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 81622 SALINAS CA 93912-1622 090750 51 10 0000000103 G STMT37 D 4 00010492 HDP1 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 156 New Balance $2,549.52 Minimum Payment $890( Payment Due Date 09/04/09 Current Payment Due 5639.5: nclude account number on check to HSBC CARD SERVICES. Do not send cash- Sern payment 7 to 10 days prior to Payment Due Date to ensure limey delivery. To avoid additional late and/or overlimit fees, pay the Current Payment Due. Amount Enclosed DAWN M SHEFFIELD Irlll?l?ll?ll?ll'?11?1111?1"'Ilt???"I1?'lll'I'lll??'I'I'??I1?I1 °2 303 S QUEEN ST SHIPPENSBURG PA 17257-2015 HSBC CARD SERVICES PO BOX 17051 Illl?rl?r??il?nllllll'Ill?l?lr?l'Irrrltlrrrlrlll'rl'rll'?I?'I'?1 BALTIMORE MD 21297-1051 815600063852002549522 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, MICHELLE THOMAS, 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. MIS -E THOMAS 07797599 X8156 $2549.52 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION HSBC Bank Nevada, N.A. CIVIL ACTION -LAW Plaintiff vs NO: 10-3865 ~ ~ ` n DAWN M. SHEFFIELD, ,.r., :. , ~_ ~- ,~~ +~ Defendant - ~, _ '' Jury Trial Demanded ~ ~ -~ ;`~ `~~ c ~., :,.~ ~a ~- PRELIMINARY OBJERCTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT PURSUANT TO Pa.R.Civ.P. Rule 1028 NOW COMES, the Defendant by and through counsel Sheffield Law Firm, LLC, and hereby submits the following Preliminary Objections to the Plaintiff's Complaint: 1. Plaintiff s Complaint is based upon the contractual terms between the parties pursuant to a commercial credit contract. 2. The Complaint does not attach the full commercial contract between the parties as required by the Pennsylvania Rules of Civil Procedure. 3. Plaintiff does not appear to be the entity that executed the Verification. 4. Without the contract attached the Defendant cannot properly respond to the Complaint. 5. Without the Plaintiff providing documentation regarding authority to execute the Verification the Complaint is legally insufficient. PRELIMINARY OBJECTION NO.1 6. Pursuant to Pa.R.Civ.P. Rule 1028 (2) the Complaint should be dismissed for the Defendant's failure to included all the contractual documentation between the parties as required by the rules of civil procedure. PRELIMINARY OBJECTION N0.2 7. Pursuant to Pa.R.Civ.P. Rule 1028 (2) the Complaint should be dismissed for being legally insufficient in that the Plaintiff has failed to properly execute a Verification. WHEREEFORE, the Defendant respectfully requests this Honorable Court to sustain Defendant's Preliminary Objections and dismiss the Complaint. Respectfully Submitted, e field w m, LLC Chris Sheffield, Esq. Attorney for Defendant ID # 82548 230 Lam, Suite B POBox430 Chambersburg, PA 17201 717-262-0025 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via first class U.S. Mail to: James C. Warmbrodt, Esq. Matthew Urban, Esq. Weltman, Weinberg & Reis Co., L.P.P. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone (412) 434-7955 Fax (412) 338-7130 Date: July 22, 2010 Chris Sheffield, Esq. i THE- PROTHO!,1OTA R,`( 1053 JUN, 20 Pli 0: 16, CUMBERLAND TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A., No. 10-3865 CIVIL Plaintiff, MOTION TO AMEND CAPTIONAND SUBSTITUTION OF SUCCESSOR PURSUANT TO PA.R.C.P. 2352(a) vs. DAWN M SHEFFIELD FILED ON BEHALF OF Plaintiff Defendant, COUNSEL OF RECORD OF THIS PARTY: Weltman, Weinberg& Reis Co., L.P.A. Matthew D: Urban, Esquire Attorney for HSBC Bank PA I.D. #90963 1400 Koppers Building 436 Seventh Avenue Pittsburgh, 'PA 15219 (412) 434-7955 WWR#07797599 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No., 10-3865 CIVIL Plaintiff, VS. DAWN M SHEFFIELD Defendant, MOTION TO AMEND CAPTION AND SUBSTITUTION OF SUCCESSOR PURSUANT TO PA.R.C.P.2352(a) AND NOW, comes Plaintiff, by its counsel, Weltman, Weinberg & Reis Co., L.P.A., files the following Motion to Amend Caption and Substitution of Successor pursuant to Pa.R.C.P. 2352(a) on the Complaint. 1. On or about June 11, 2010, Plaintiff filed a Complaint against the Defendant, Dawn M. Sheffield, to recover a debt. 2. On or about May 01, 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. A true and correct copy of the Bill of Sale is attached hereto,marked as Exhibit "A" and made part hereof. 3. This assignment is made without any recourse, warranty or representation whatsoever by HSBC Bank Nevada,N.A., as to the judgment, its enforcement, and/or collectability. WHEREFORE, Plaintiff moves this Honorable Court to'enter an Order Amending the Caption, to reflect that Capital One Bank(USA),N.A., is the current owner of this account, and as such, Capital One Bank(USA),N.A., is the proper Plaintiff herein. WELTMAN, WEINBERG& REIS CO., L.P.A. Matthew D. Urban, Esquire Attorney for HSBC Bank PA I.D. #90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07797599 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 Enttty"), 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(c)and 3.3(b)of the Agreement,the parties desire to execute and deliver at the Closing this Bill of Sale U)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 7797599 EXHIBIT !A 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. 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.1.O and 10.13. [Signatures Appear on the Following Page] 7797599 IN WITNESS WHEREOF,the parties have executed this Bill of Sale as of the date first written;above. [signature pages have been distributed separately] 7797599 [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 .7797599 [Signature Page to Ball of Sale) tNa AL TIONAL ASSOCIATION Murray P.Abrams : Executive Vice President, Corporate Development ['Signature Page to Bill of Sa le] 7797599 CAPITAL ONB A),NATIONAL ASSOCIATION By: Name: M fray .Abram Title: B ecutive Vice President, iporate Development [Sign=ature Page to Bill of Salej 7797599 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. 7797599 Schedule A. Products 1. American DreamCard 2. Cash Rewards 3. Client 5221 4. DAMARK(containing the Damark Visa logo but not the Damark Internat'1—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 1.9.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 7797599 CERTIFICATE OF SERVICE A true and correct copy of Plaintiffs Motion to Amend Caption, To Correct the Name of the Plaintiff has been served by U.S. Mail, on the day of J LA^e— , 2013, upon the following: CHRIS SHEFFIELD, ESQUIRE 230 LINCOLN WAY EAST, SUITE B, P.O. BOX 430, CHAMBERSBURG, PA 17201 By: Matthew D. Urban, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-3865 CIVIL Plaintiff, VS. DAWN M SHEFFIELD a Defendant, ORDER OF COURT AND NOW, this 25TH day of JUNE,2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's Motion to Amend Caption should not be granted. Rule returnable twenty(20) days after service. By the Court Edward E. Guido, J. ✓ Matthew D. Urban Esquire Cis Sheffield,Esquire For the Defendant :sld rn cc r�__ co C) i'EC)C)T f',C' O lA . 2013 JUL -S A1y111: 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., Plaintiff No. 10-3865 CIVIL vs. AFFIDAVIT OF SERVICE OF ORDER OF COURT DAWN M SHEFFIELD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: 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#07797599 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., Plaintiff No. 10-3865 CIVIL vs. DAWN M SHEFFIELD Defendant AFFIDAVIT OF SERVICE OF ORDER OF COURT BEFORE ME, the undersigned authority, personally appeared Matthew D. Urban, Esquire, who according to law deposes and says that a copy of the Order of Court has been served on the following Defendant's Counsel, Chris Sheffield, Esquire. 1. On or about July 01, 2013, Plaintiff received a signed Order of Court dated June 25, 2013, directing Defendant for Rule Returnable, to Show Cause why Plaintiff's Motion to Amend Caption should not be granted, within twenty (20) days of receiving the Order. Said Order of Court is attached as Exhibit"1". 2. On or about July 01, 2013, Plaintiff mailed the Order of Court to 230 Lincoln Way East, Suite B, P.O. Box 430, Chambersburg, PA 17201. WE N, WEINBERG&REIS, CO., L.P.A. 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#07797599 Sworn to and subscribed before me this r% day of tLy ,2! I . _ • r NOT' 'Y PUB.LI CQMMONWEALTH OF Notarial Seal Wayne A. Notary Pink OW of PMtSburgh,Meg y 14 orlon June 29, Member.Pen yanla ASSOdatlon• Notarla 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A., No. 10-3865 CIVIL Plaintiff, vs. DAWN M SHEFFIELD Defendant, ORDER OF COURT AND NOW, this 25TH day of JUNE, 2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's Motion to Amend Caption should not be granted. Rule returnable twenty (20) days after service. By the Court, Edward E. Guido, J. Matthew D. Urban, Esquire Chris Sheffield, Esquire For the Defendant :sld -;3 w Z rn cnr- a riaC 21' —4 EXHIBIT r, `I 07717r61q. FILED-OFFICE ; 4 OF THE PROTHONO TA'; , 2013 JUL ! I PM 2: 1'8 :CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-3865 CIVIL Plaintiff, AMENDED CERTIFICATE OFSERVICE AS TO PLAINTIFF'S MOTION TO AMEND CAPTION AND SUBSTITUTION OF SUCCESSOR PURSUANT TO PA.R.C.P. 2352(a) vs. DAWN M SHEFFIELD FILED ON BEHALF OF Plaintiff Defendant, COUNSEL OF RECORD OF THIS PARTY: Weltman,Weinberg&Reis Co.,L.P.A. Matthew D.Urban,Esquire Attorney for HSBC Bank PA I.D.#90963- 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA .l'i219 (412)434-7955 WWR#07797599 r r AMENDED CERTIFICATE OF SERVICE A true and correct copy of Plaintiffs Motion to Amend Caption, To Correct the Name of the Plaintiff has been served by U.S.Mail,on the 0 day of J lam,2013,upon the following: CHRIS SHEFFIELD,ESQUIRE 303 S QUEEN ST SHIPPENSBURG,PA 17257 By: Matthew D.Urban,Esquire x f Ti C' A Iq 0 COUNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION { b HSBC BANK NEVADA, N.A., Plaintiff, No. 103865 CIVIL VS. MOTION TO MAKE RULE DAWN M SHEFFIELD, ABSOLUTE Defendant. FILED;ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsbu`gh, PA 15219 (412) 434-7955 WWR W07797599 Y. F� 7' f f. { L, �7 i t IN,THE COURT OF COMMON PLEAS OF CUMBERL� ND COUNTY,PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10--3865 CIVIL Plaintiff, VS. MOTON TO MAKE RULE ABSOLUTE DAWN M SHEFFIELD, s Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, CO., L.P.A., and,files the within Motion to Make Rule Absolute. No hearing is requested and discovery is not necessary. In support thereof,Plaintiff avers the following: 1. Plaintiff, HSBC Bank Nevada,N.A., is a corporation with its principal place of business located at 111 I Town Center Drive,Las Vegas,NV 89144. 2. Defendant is an adult individual with a last known address of 303 S. Queen Street, Shippensburg,PA 17257. 3. HSBC Bank Nevada, N.A., commenced this action against the Defendant by filing a . s Complaint in Civil Action alleging that Defendant has failed to repay a credit card debt. T .4. On or about May 01, 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. A true and correct copy of the Bill of Sale is attached hereto,marked as Exhibit"I"and made part hereof `3 { . t 5. On or about June 20,2013,Plaintiff filed a Motion to Amend Caption and Substitution of Successor Pursuant to Pa.R.C.P. 2352(x). A true and correct copy of said Motion is attached hereto, marked as Exhibit"2"and made a part hereof. t ' 6. On or about June 25, 2013, this Honorable Court issued a Rule to Show Cause why the r Plaiitif's Motion to Amend Caption and Substitution of Successor Pursuant to Pa.R.C.P. 2352(a) should not be granted. A true and correct copy of the Rule Order is attached hereto, marked as Exhibit "3" and made a part hereof. i 7. On or about July 11, 2013, Plaintiff served the Rule Order upon Defendant's Counsel, Chris Sheffield, Esquire, and filed an Amended Certificate of Service. A true and correct copy of the Amended Certificate of Service is attached hereto,marked as Exhibit"4"and made a part hereof. ,8. No response to the Rule Returnable has been received from the Defendant, and as such, all of the averments in Plaintiff's Motion to Amend Caption and Substitution of Successor Pursuant to Pa.R.C.P.2352(a)are deemed admitted. • C WHEREFORE, Plaintiff, respectfully requests that this Court enter an Order Making the Rule issued by this Court Absolute, thereby Amending the Caption,to reflect that Capital One Bank (USA), N.A., is the current owner of this account, and as such, Capital One Bank (USA), N.A., is the proper Plaintiff herein. Respectfully Submitted: WE ERG&REIS,CO.,L.P.A r By: Mattherw D.Urban,Esquire PA I.D.#90963 Weltmar, Weinberg&Reis Co.,L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#07797599 J. EXHIBIT A, BILL OF SALE This BILL OF SALE(the"RIL11 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,MA.,a national banking association,HSBC Card Services Inc.,a Delaware corporation',HSBC Receivables Acquisition Company 1,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("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 5pq:ion 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 3.3M 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,THERE EFORE,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 f6r Permitted Liens);TO HAVE AND TO HOLD unto CON-A and COBNA(in accordance with the allocations set forth on Annex A hereto),their successom"and assigns, as applicable,to their 7797599 MIT EAM 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 i 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 Aj�plicable 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, lin the event that any provision of this Bill of Sale 4s 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 4,ncorporated 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,LO.1.0 and 10.13. [Signatures Appear on the Following Page] 7797599 1N WITNESS WHEREOF,the parties have e'<ecuted this Bill of Sale as of the date first written above. [signature pages have been distributed separately] t 7797599 [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 .7797599 (Signature Page to Bill of Sale) CAPITAL TIONAL ASSOCIATION N Murray P.Abrams Titl : Executive Vice President, Corporate Development [Signature Page to Bill of Sale) 7797599 CAPITAL ONE A),NATIONAL ASSOCIATION By: Name: M fray ,Abram Title: B ecutive Vice President, rporate Development i i 7 Agnature Page to Bill of Sajej 7797599 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 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 colleotions"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)loansw; ithout 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. 7797599 Schedule;A. .Products I. American DreamCard 2. Cash Rewards 3. Client 5221 4, DAMARK(containing the Damark Visa logo but not the Damark Internat'l—Inactive logo) 5. Direct Merchants Bank Discover Network Card 6. Direct Reward Platinum Discover Network Card (Organic&Secondary) 7. Direct Rewards Platinum MasterCard 8. DMB 9. Household Bank 10.Household Bank-unsecured 11-Household Bank MasterCard(containing the HSBC MasterCard logo but not the Household Bank MasterCard logo) 12.Household Bank Refund Rewards Buying Card 13.Household Bank Secured 14.Household Bank Visa 15.HSBC 16. HSBC American Express 17. HSBC Discover Network Card 18. HSBC Platinum MasterCard . 19. HSBC Platinum Visa 20.Metris Co 21.Orchard Bank Standard Secured 22.Orchard Bank Unsecured 23.Platinum MasterCard-Unbranded 24.Platinum Visa-Unbranded 25.Premier World MasterCard 26.Red Hat Society 7797599 Or rtF�`0 Or THE Pr;OT1-,ONOTA,., 1013 JUN 2D pi; 3, 18 PE"S YLVAN�AtdTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-:3865 CIVIL Plaintiff, MOTION''O AMEND CAPTION AND SUBSTITI�TION OF SUCCESSOR PURSUANT VS. TO PA.R.CP. 2352(a) DAWN M SHEFFIELD FILED W4 BEHALF OF Plaintiff Defendant, COUNSEI' OF RECORD OF THIS PARTY: Weltman, Weinberg&Reis Co., L.P.A. Matthew U. Urban, Esquire. Attorney for HSBC Bank PA I.D. #90963 1400 Kopp.;rs Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07797599 AST t' , s f _ v t . f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION ;< HSBC BANK NEVADA,N.A., No'. 10-3865 CIVIL Plaintiff, VS. r DAWN M SHEFFIELD 4 Defendant, NOTION TO AMEND CAPTION AND SUBSTITUTION OF SUCCESSOR PURSUANT TO PA.R.C.P. 2352(a)Q AND NOW, comes Plaintiff, by its counsel, Weltman, Weinberg & Reis Co., L.F.A., files -the following Motion to Amend Caption and Substitution of Successor pursuant to Pa.R.C.P. 2352(x) on i the Complaint. 1. On or about June 11, 2010, Plaintiff filed a Com laint against the Defendant,Dawn M. Shef field,to recover a debt. 2. On or about May 01, 2012, Plaintiff,HSBC Banl�Nevada,N.A.,assigned the account which is the subject matter of this action to Capital One Bank(USA),N.A. A true and correct copy of the Bill of Sale is attached hereto,marked as Exhibit"A" and made-..'part hereof. : _ 3. This assignment is made without any recourse,warranty or representation whatsoever by HSBC Bank Nevada,N.A., as to the judgment, its enforcement,'andlor collectability. i WHEREFORE, Plaintiff moves this Honorable Court to'enter an Order Amending he Caption,g p on,to reflect that Capital One Bank(USA),N.A., is the current owner of this account, and as such, Capital One Bank(USA), N.A., is the proper Plaintiff herein. WELTMAN, WEINBERG&REIS CO., L.P.A. Matthew D: Urban, Esquire Attorney fcr HSBC Bank PA I.D. #90963 Weltman, Weinberg&Reis Co., L.P.A. 1400 Koppers Building 436 Sevent?i Avenue Pittsburgh,•PA 15219 (412)434-7,955 WWR#07797599 L' J S c 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.IL a Delaware corporation(each,a 4'Transfej:dng 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(" ehaser WI•IEREAS,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 eeement"); WHEREAS,pursuant to fiectian 2.1(a)ofthe'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 applic,-61e;and i WHEREAS,pursuant to Sections 3.2(c)and 3.3 b 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 a_4 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 th e Selling Entities,and other good and valuable consideration,the receipt and sufficiency of wh`ch 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 Transferfing.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 7797599 CAM.��� i 'A •� 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 AN 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 hill of Sale as contemplated in this Bill of Sale and the Agreement. b. :This BiIT of Sale shall become effective as of!.be 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 de,liver 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 A.j)plicable 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. 10.3,1 , 10.5. 10.7.10.10 and 10,13. (Signatures Appear on the Fottowi)�Page] i F' 1 7797599 INN WITNESS WHEREOF,the parties have date first written above. executed this Bill of Sale as of the [signature pages have been distributed separately] 7797599 [Signature Page Bill of&1c) B31 HSBC 03:40:59 p.m. 25-04-2012 17/23 HSBC BANK NEVAL►A, A. By:_____ Name:Mike Reeves Title: Executive Vice president,Chief Financial Officer and Treasurer R 7797599 [Signature Page to Bill of Salej CAPITAL TIONAL ASSOCIATION Na Murray P.Abrams Titl : Executive Vice President, Corporate Development i [Signature Page to Bill of Salel 7797599 CAPITAL ONE A),NATIONAL ASSOCIATION By: Name, M rey .Abram Title: E ecutive Vice President, iporate Development i i� A 1 (Signature Page to Bill of Salej. 7797599 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 edu a hereto vided 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; 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 ivithout recourse,(2)contra credit balances, (3)other miscellaneous receivables rind(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 t COBNA pursuant to paragraph 1 above are hereby transferred to CONA. ( ) R: 7797599 s Schedule• 4 Products I. American DreamCard 2. Cash Rewards 3. Client 5221 4, DAMARK(containing the Damark Visa Iogo 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 1 I.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 .i' 7797599 i CERTIFICATE OF SERVICE A true and correct copy of Plaintiffs Motion to Amend Caption, To Correct the Name of the Plaintiff has been served by U.S. Mail, on the day of `/c�n� 2013 upon the following: CHRIS SHEFFIELD, ESQUIRE 230 LINCOLN WAY EAST, SUITE B, P.O. BOX 430, CHAMBERSBURG, PA 17201 By: Matthew D. Urban, Esquire 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A., No. 10-3865 CIVIL Plaintiff, vs. DAWN M SHEFFIELD Defendant, ORDER OF COURT AND NOW, to-wit, this day of 2013 upon consideration of Plaintiffs foregoing Motion to Amend Caption and Substitution of Successor Pursuant to Pa.R.C.P. 2352(a), it is hereby ORDERED, ADJUDGED and DECREED, that Plaintiffs Complaint is Amended to change the name of the .Plaintiff from HSBC BANK NEVADA, N.A., to "CAPITAL ONE BANK (USA), N.A". Therefore, caption should read: CAPITAL ONE BANK (USA),N.A vs. DAWN M SHEFFIELD . It is further ORDERED, that the Prothonotary of Cumberland County, Pennsylvania shall Amend the Docket entries to reflect the Amendments contained in this Order. BY THE COURT: G r IN THE COURT OF COMMON PLEAS OF CUMBERLAf4D COUNTY, PENNSYLVANIA 'CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-3865 CIVIL Plaintiff, f vs. DAWN M SHEFFIELD a Defendant., ORDER OF COURT AND NOW,this 25TH day of JUNE, 2013, a Rule is issued upon Defendant to Show Cause why the Plaintiff's Motion to Amend Caption should not be granted. Rule returnable twenty(20) days after service. i By the Court Edward E. Guido, J. Matthew D. Urban,Esquire Chris Sheffield,Esquire For the Defendant :sld zrn c =; "u'`D CD zo z4! --� co EXHIBIT 0 77� 7-�� z. rL � ROTHvr�t7ltjli 7 2013 JUL 1 I PH 2: 16 'CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-3865 CIVIL Plaintiff, a' AMENDED CERTIFICATE OFSERVICE AS TO PLAINTIFF'S MOTION TO AMEND CAPTION AND SUBSTITUTIOA'OF SUCCESSOR PURSUANT vs. TO PA.R.CP.2352(a) DAWN I4 SHEFFIELD FILED ON BEHALF OF Defendan Plaintiff t, COUNSEL OF`EtECORD OF THIS PARTY: Weltman,Weinberg&Reis Co.,L.P.A. Matthew D.Urb,,' Esquire Attorney for HSLIC Bank PA I.D.990963 ' 1400 Koppers Biialding 436 Seventh Avenue Pittsburgh,PA i'5219 (412)434-7955 :' WWR#07797549 j. :i s: -Y EXHIBIT • 4 F• •t AMENDED CERTIFICATE OF''SERVICE A true and correct copy of Plaintiffs Motion to Amend Caption, To Correct the Name of the Plaintiff has been served by U.S.Mail,on the &"da of J u[ Y 2013,upon the following: CHRIS SHEFFIELD,ESQUIRE 303 S QUEEN ST SHIPPENSBURG,PA 17257 By: : Matthew,D. Urban,Esquire 1 CERTIFICATE OF SER-'ICE The undersigned certifies that a true and correct copy of the within Motion To Make Rule Absolute was served on Defendant on this 2 day of ` , 20 12 , by first class, U.S: Mail,postage-prepaid, addressed as follows: CHRIS SHEFFIELD, ESQUIRE t 303•S QUEEN STREET, SHIPPENSBURG, PA 17257 a `Attorney for Plaintiff 'Matthew D. Urban, Esquire • � x f i ' . e r IN.THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA,N.A., No. 10-3865 CIVIL Plaintiff, vs. MOTION TO MAKE RULE ABSOLUTE DAWN M SHEFFIELD, Defendant. s. ORDER OF COURT AND NOW, to-wit,this. day of �/� , 20 , upon consideration of Plaintiff's Motion to Amend Caption and Substitution of Successor Pursuant to Pa.R.C.P. 2352(a), it is hereby ORDERED, ADJUDGED and DECREED that this Honorable Court's Rule be and hereby is made absolute, and that Plaintiff's Complaint is Amended to change the name of the Plaintiff from HSBC BANK NEVADA, N.A., to "CAPITAL ONE BANK (USA), N.A". Therefore, caption should read: CAPITAL ONE BANK (USA), N.A vs. DAWN M SHEFFIELD. It is further ORDERED, that the Prothonotary of Cumberland County, Pennsylvania shall Amend the Docket entries to reflect the Amendments contained in this Order. BY THE COURT: ' r L; 9 allit L.T"' l.'�.J •1.31 :i 1� i:r 1 E i 1 G i; J. 3r, fzs, . ,, , S ! l3 L : i. t WELTMAN,WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire Attorney for Plaintiff(s) I.D.No. 90963 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 7797599 MDU/SJS HSBC BANK NEVADA,N.A. CUMBERLAND County Court of Common Pleas vs. No.: 10-3865 CIVIL DAWN M SHEFFIELD PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice . WELTMAN, WEINBERG&REIS CO., L.P.A. By c:, Matthew D. Urban, Esquire -� Attorney for Plaintiffs m--` 11111111111111111IIII111111VIIIVIIIVIIIVIII1111111111IIIIIIII i . ,jay. 9- en c CTS