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Home My WebLink About10-5064k , r_??. "1 1 i: 1' 074/0 X1v&- 3 Amii: yg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. JOHN S PALUSCIO Defendant No: lp- 50(0{ Onvi I 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 08039861 C N Pit EMR i O *q&'00 pa A-ny e# 4bgsoaA 0 a4?or8/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No JOHN S PALUSCIO Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you b the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, HSBC BANK NEVADA, N.A. is a corporation with offices at 1111 TOWN CENTER DR LAS VEGAS , NV 89193 . 2. Defendant is adult individual(s) residing at the address listed below: JOHN S PALUSCIO 5165 WERTZVILLE RD ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8284 . A copy of the Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has a current balance due of $7021.47 , as of July 20, 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 , JOHN S PALUSCIO , individually , in the amount of $7021.47 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs. fames u WELTMAN 436 Sev Pittsb (412) FAX: 1 0803 86 This law firm is a debt collector att our client and any information obtain WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 h, PA 15219 -7955. 338-7130 C N Pit EMR to collect this debt for be used for that purpose. TEAMSTER PRIVILEGE PLATINUM JOHN S PALUSCIO ACCOUNT SUMMARY ACCOUNT ONNOMMODS284 NUMBER TOTAL CREDIT LIMIT $6,405 TOTAL CREDIT LIMIT $0 AVAILABLE CASH CREDIT LIMIT t $1,601 CASH LIMIT AVAILABLE $0 STATEMENT DATE 01/07/10 PAYMENT SUMMARY MINIMUM PAYMENT' $267.00 PAYMENT DUE DATE 02/01/10 OVERLIMIT AMOUNT $655.47 PAST DUE AMOUNT $1,498.00 CURRENT PAYMENT DUE' $1,765. To avoid additional late and/or m?erlimit jeer, you must pay the Current Pa/mrent Due (which includes the Minimum Payment and any Past Due and/or OverlimitAmounu). 'See AbOUI Your Payment on reverse for an t Cash Credit Limit is a portion of the Total Credit Limit Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $6,864.65 PAYMENTS/CREDITS $0.00 PURCHASESIDEBITS + $78.00 FINANCE CHARGE + $117.82 NEW BALANCE _ $7,060.47 TRANSACTION SUMMARY (For additional transaction detail go to www.teamstereard.com) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CREDITS 01/01 01/01 LATE CHARGE ASSESSMENT 149730 $39.00 01/01 01/01 OVERLIMIT CHARGE ASSESSMENT 10000030000000999949720 $39.00 FINANCE CHARGE CALCULATION This is a grace account Grace period information on back. Average Daily Days FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advance/ Balance R t Billi Annual PERCENTAGE a e ng Rate Transaction Fees Percentage RATE Cycle PURCHASES $5,397.70 0.05477%(v) 31 $91.65 $0.00 Rate 19.99%(v) 19 990% CASH ADVANCES $1,541.29 0.05477%(v) 31 $26.17 $0.00 19.99%(v) . 19.990% (v) indicates variable rate 1-800395-9020. MAIL PAYMENTS TO: S QUESTIONS? TEAMSTER PRIVILEGE CREDIT CARD ® MAIL INQUIRIES TO: PO BOX 17051 24-HOUR CUSTOMER SERVICE TEAMSTER PRIVILEGE CREDIT CARD BALTIMORE MD 21297-1051 1-888-803-0276 PO BOX 80027 OUTSIDE USA, COLLECT: 1-702-2431575 SALINAS CA 93912-0027 TOO HEARING IMPAIRED: 1-800.8559392 Q Manage your account online at: www.teamstercard.com 010105 5 N 07 0000003000 G STMTXT 2 6 IBTROOAZXXXXMEMBXXXX 00001402 EXCPT PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Pro er Cr dit Pl p e ease W rite Your Account Number On Your Check Account Number 284 New Balance $7,060.47 Minimum Payment $267 OC Payment Due Date 02/01/10 Current Payment Due $1,765 0C nclude account number on check to TEAMSTER PRIVILEGE CREDIT CARD. Do not sent w?..• .. Paymeni t to w nays Prior to Payment Due Date to ensure timely delivery. To avoid additional late and/or overlimit fees, pay the Current Payment Due. JOHN S PALUSCIO 5165 WERTZVILLE RD ENOLA PA 17025-1269 rnnrlrrlrlilirllrlirlillliilrrlirirriri?iriilliril?lulii?rri n E ncloslosed EXHIBIT E 1 Ilrlilrrrnlrrl?rrlililrrrrilriilrrrri?yl?irnhrrllinnlrq? TEAMSTER PRIVILEGE CREDIT CARD PO BOX 17051 BALTIMORE MD 21297-1051 X828400176500007060475 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 08039861 8284 $7021.47 -0.' - +t. . A049 WELTMAN, WEINBERG & REIS CO., L.P.A. r h. i; IX4 Ur SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Qtiti~tt~' 0{ ~t~br~~~0 ,`i;;' ~~ ~. r. , ,,: ar~cE -~F r~~s~~~~FF L~~~~~ ~~ ~'M ,Z~Q9 r iii '`.~ HSBC Bank Nevada, NA vs. Case Number John S. Palusio 2010-5064 SHERIFF'S RETURN OF SERVICE 08/10/2010 05:04 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1704 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John S. Palusio, by making known unto himself personally, at 5165 Wertzville Road, Enola, Cumberland County Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 11, 2010 ~- RYAN BU TT, DEPUTY SO ANSWERS, .~ t:d RON R ANDERSON, SHERIFF (ej CountySuite Sheriff. Teleosoft, Inc. 09/1612010 21:48 4103990009 WHITEFORD BUSINESS PAGE 03104 IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA 1N AND FOR CUMBERLAND COUNTY HSBC BANK NEVADA, N.A. C:) V. Case Number: 105064 Civil Term cu ? - rj -0 ? . rn r JOHN S PALUSCIO - ANSWER OF D1;F ENDANT c' o n o CD ? rm ? w Pro Se Defendant John S. Paluscio hereby enters his appearance and answers the Complaint of FISBC Bank Nevada, N.A.as follows: 1. The Defendant admits the allegations of paragraph 1 of the Complaint. 2. The Defendant admits the allegations ofparagraph 2 of the Complaint. 3. The Defendant admits the allegations of Paragraph 3 of the Complaint. 4. The Defendant denies the allegations of Paragraph 4 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off, 5, The Defen&it denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and. demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agrw-neat and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 6. The Defendant denies the allegations of Paragraph. 6 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees acid interest charged before and after the account was charged off. 09/15/2010 21:48 4103990009 WHITEFORD BUSINESS PAGE 04104 WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and that the relief requested by the Plaintiff denied. VEW. ICATI The Defendant verities that the statements made herein are true and correct based upon his knowledge, information and belief The statements are made subject to the penalties of t 8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. John S. Palusci.o 5165 Wertzville Rd. rnola, PA 17025 717732-9697 Pro Se Defendant CERTIFICATE OF -SERVICE The Defendant(s) HERESY CERTIFY that on this/L day of , 201L a. copy of the foregoing pleading was mailed, first-class, postage pre-paid to: James C. Warmbrodt, Esq Weltman, Weinberg & .Reis Co., L..P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 1521.9 412434-7955 Attorney for Plaintiff John S. Palusci.o Pro Se Defendant This document vueia prepared by or With the assistance of Jonathan K. Miller, Esq„ an altomey licensed to practice taw in tie ,Statc of Maryland and Pcon9ylvaniq PA Supreme Court Number, $0033 and employed by Pcrsols & Associates, LLC/Pcrscla & Associates, LLP [CA, Mll/Persels & Associates, P.f J..C [NC]; phone 800-498-6761. Persels &,Associates, LLC, represents this client in out-of-court dcM settlement negotiations, but no anormy.from Perscts & Associates, LW, will be entering an appearance in 11,is actiott. Opposing counsel should send all commuttications related to this case directly to the befendant, who is appearing pro se, /22/1_.. ?2:'27'' .'?S'." Persels and Assoc4ates -> John Paluscio 7/8 '..N THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COU'VTY HISBC BANK NEVADA, NA V. JOHN S. PALUSC:IO Case Number: 10-5064-CIVIL TERM 7;.77329697 P -CER IFICg ;.QF ERVICE OF PRO SE DEFENDANT'S RESPONSE TO PLAINTIFF'S $MOMRIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ibis will certify that on this day of r-" , 20111 caused a. copy of Defendant's responses to Plaintiffs Interrogatories and Request for Production of Documents to be served on Plaintiff by First Class 'U.S. Mailing Postage Prepaid to the following address: Bcx jamin. R. Bible, Esq Weltmam Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburg-, PA 15219 412-434.7955 Attorney for Plaintiff A.A /A J,,q??John S. Paluscio 5165 Wertzville Rd. Enola, PA 17025 717-732-9697 Pro Se Defendant _.? au m -16 !? ?? 3 ? orb I HS i3C r3,k Nevf-JL, N• A., (US) - kr, S. jD4 J rc.-, „4•. +f^rI RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in i Following form: PETITION FOR APPOIN'T'MENT OF ARBITRATOR T/O/J THE HONORABLE, THE JUDGES OF SAID COURT:. 1' 44w, D • U, ? CIA, Eff . , counsel for the lainti in action (.:.eefiew), respectfully represents that: I The above-cartioned action (er-eetos) is (are) at issue. ,? v 3 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is N /A r? the above The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: / AXfw. D. 041, LASc;.1 _l / rQ - WHEREFORE, your petitioner prays your Honorable Court to nopoint three (3) arbitrators to whom the case shall be submitted. f . ?/ Gd #-lAl afbl'o Respectfully submitted, ORDER OF COURT AND NOW, `7!?2?A Aj / 5 , 20$/ , in consideration of the foregoing petition, Esq., and _ Esq., and Esq., are appointed arbitrators in the above caption°d action (or actions) z ;.rayed _`or. ?'% A o ??'lQ?,e? U r ba n ?'?j. Sokn S- ?Q?uSc?d / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. .?- U 6 , C,, 1 20/ 0 By the Court, DO AR B. BAYLEY Cm p ?s m a• 1 Pd 3/a, ? tr ?.L CERTIFICATE OF SERVICE A true and correct copy of the Petition for Appointment of Arbitrators, for an Arbitration Hearing, has been served by First Class Mail, postage pre-paid, on day of JAy11/ , 20 It upon the following: JOHN S PALUSCIO 5165 WERTZVILLE RD ENOLA,PA 17025 By: Plaintiff Jo?? ? . ?A?,USC 10 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 10 - `J G ?v Civil Action - Law. Oath we do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. k Signature Signature gnature /- N ,3 4. < k Rsca i ?T Name (Chairman) (,)?c 6L.? ?ssoC Law Firm City, 1, TO DD kuM 1 Z. 2- C, Address S? ekS ZS Name Law Firm ie35 ?12 1 0 ?S+ Address v? i F '406 Ise yk o 1"10y3 City, ip K RR??3 (3, NIA. Name o o-t,l a M CL , C . Law Firm gRt?Sl?e !(337) Address C U ???? 1011 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay e awarded, the?y^ shall be separately stated.) IIA vl r _ '?- 1a t? DV' e,? l 21 `I I l' G 'S M/ . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: J u e- 1?J . 2.0 1 Date of Award: i kh P 1 ?? Notice of Entry of Award Now, the 13 ? day of , 20 // , at !P'-2a , A M., the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3Sp .OU Prothonotary By: Deputy a r ?, I ,? f f 13 AM 40 al rql a ,Spe,t 46 ? p; cs nom. ?l cd G???l// A4k/ g`l yp hat olnwafan K-a-VI -e 1-1 i3 1k-l ?01- 3"6', --1o-1to a7-:? 706y53 ,? t5 - I Siq 1 to-1 =M = r r ?7 - zV-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL?'I?fiA , CIVIL DIVISION r- w' ?"c7 O 5' -- r=> ?T HSBC BANK NEVADA, N.A. y C'n Plaintiff No. 10-5064 CIVIL TERM - vs. JOHN S PALUSCIO Defendant PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08039861 0* aly.b6 tf4 41 10658'5?9 ?? d ba R9Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-5064 CIVIL TERM JOHN S PALUSCIO Defendant PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter Judgment against Defendant, JOHN S PALUSCIO on the Award of Arbitrators in the amount of $7021.47. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. mbrodt, Esquire PA 1. D. #4 4 WELTMA EINBERG & REIS CO., L.P.A. 1400 Kop s Building 436 Sev n Avenue Pittsb , PA 15219 (412) 3 -7955 039861 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendantl is: 5165 WERTZVILLE RD, ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-5064 CIVIL TERM JOHN S PALUSCIO Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment w S/11 entered against you on 1P (xx) Assumpsit Judgment in the amount of $7021.47, plus interest and costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict (xx) Arbitration Award Prothonotary By: y o PROTH. (OR DEPUTY) JOHN S PALUSCIO 5165 WERTZVILLE RD ENOLA,PA 17025 Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.l_- ?Oao Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. t Y?x /c,,, Signature Signature ignature O ?l?0!A-A3 L ?RP, ql Name (Chairman) L,QO GG?- Z? gS5Cc DC, Law Firm Address S?, city, p Name Law Firm X35 >\3??4k i2+ ST. Address 4 e H 06 l--ev4 ?-I Pr-a-11oy3 City, Zip 1 h g%1 ,3 5, m y Name 001 sr? C. Law Firm 33 ( f AQLISLi ,e Address Uc 14ILL R 1? 011 City, ip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay e awwarded, they ? shall be separately stated.) w4.4 1 0kt -1V CP`N'l '1 V, 4t COQ/S . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Ju4 Date of Award: J Wq Notice of Entry of Award Now, the 13 44 day of , 20 // , at 9" --'Q A M. the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. TRUIE COPY FROM RECORD t? ?U In Testimony whereof, I here unto set my hand Arbitrators' compensation to be paid upon appeal: $ and the seal of said at Carlisle, Pa. This ..?..?..da?t of 644jM& - 20" Prothonotary By: Prothonotary Deputy PC, 0 P 3 K k6 l 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 # 8039861 HSBC BANK NEVADA, N.A. VS. JOHN S PALUSCIO Attorney for Plaintiff(s) CUMBERLAND County Court of Common Pleas 10-5064 CIVIL TERM ?. z _ r l C `I PRAECIPE TO SUBSTITUTE PURSUANT TO PENNYLVANIA RULE OF CIVIL PROCEDURE 2352 TO THE PROTHONOTARY: 1. This matter involves a collection action instituted by Plaintiff, HSBC BANK NEVADA, N.A., against Defendant(s). 2. On or about May 1, 2012 Plaintiff, HSBC BANK NEVADA, N.A., assigned the account which is the subject matter of this action to Capital One, N.A.. See attached as Exhibit A, a copy of the Assignment of this account from current Plaintiff to Capital One, N.A.- 3. Pursuant to the foregoing, kindly substitute Capital One, N.A. for HSBC BANK NEVADA, N.A. as Plaintiff in the above matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Mol , Esquire Attorney for Plaintiff EXHIBIT 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 er ement"); WHEREAS, pursuant to Section 2.1(a) of the Agreement, effective as of the Effective Time, each Seller, as applicable, is to sell, convey, transfer, assign and deliver, or cause one or more of its Subsidiaries to sell, convey, transfer, assign and deliver to Purchaser, and Purchaser is to purchase and accept from each Seller or its applicable Subsidiaries, all of each such Selling Entity's right, title and interest in, to and under the Acquired Assets that are tangible personal property (the "Applicable Acquired Assets"); WHEREAS, pursuant to Section 10.2 of the Agreement, Purchaser may assign its right under the Agreement to acquire any asset to any wholly owned Subsidiary without the prior written consent of any other party to the Agreement and has assigned its right to acquire the Applicable Acquired Assets to COMA or COBNA, as applicable; and WHEREAS, pursuant to Sections 3.2(c) and 3.3 of the Agreement, the parties desire to execute and deliver at the Closing this Bill of Sale to evidence the sale, conveyance, transfer, assignment and delivery of the Applicable Acquired Assets owned by the Transferring Entities to Purchaser and/or its wholly owned Subsidiaries as of the Closing Date. NOW, THEREFORE, in consideration of the payment by Purchaser and/or its wholly owned Subsidiaries of the Purchase Price and the assumption by Purchaser and/or its wholly owned Subsidiaries of the Assumed Liabilities for the sale, conveyance, transfer, assignment and delivery of the Acquired Assets owned by the Selling Entities, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Transferring Entity, intending to be legally bound, does hereby sell, convey, transfer, assign and deliver to CONA and COBNA, and their successors and assigns, in accordance with the allocations set forth on Annex A hereto, all of such Transferring. Entity's right, title and interest in, to and under the Applicable Acquired Assets owned by it free and clear of all Liens (except for Permitted. Liens); TO HAVE AND TO HOLD unto CONA and COBNA (in accordance with the allocations set forth on. Annex A hereto), their successors and assigns, as applicable, to their own use and benefit forever, all of the Applicable Acquired Assets hereby sold, assigned, transferred, conveyed and delivered as of the Closing. THE PARTIES FURTHER COVENANT AND AGREE AS FOLLOWS: a. From time to time each Transferring Entity and its successors and assigns shall, and shall cause its Subsidiaries to, without further consideration, cooperate, execute and deliver all such further bills of sale, assignments or other instruments of conveyance and transfer, and take such actions, all as may be reasonably requested by CONA and COBNA, and their successors or assigns, in order to carry out the sale, assignment, conveyance, transfer and delivery of the Applicable Acquired Assets covered by this Bill of Sale as contemplated in this Bill of Sale and the Agreement. b.. This Bill of Sale shall become effective as of the Effective Time at the Closing pursuant to the terms of the Agreement. Nothing in this Bill of Sale shall be deemed to constitute an agreement to sell, convey, transfer, assign or deliver to Purchaser or its Subsidiaries any Applicable Acquired Asset (or portion thereof) prior to the Effective Time. C. This Bill of Sale is given pursuant to the provisions of the Agreement and the sale, conveyance, transfer, assignment, and delivery of the Applicable Acquired Assets hereunder are made subject to the terms and conditions of the Agreement and shall be construed consistently therewith. Nothing in this Bill of Sale, express or implied, is intended to or shall be construed to supersede, modify, replace, amend, rescind, waive, expand or limit in any way the rights of the parties under, and the terms of, the Agreement. In the event that any provision of this Bill of Sale ?is construed to conflict with a provision in the Agreement, the parties agree that the provision in the Agreement shall be controlling. d. The following Sections of the Agreement are incorporated into this Bill of Sale by reference, to be applied. and construed consistently with the application of such Sections in the Agreement as if such Sections were set forth herein: Sections LO. 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: A,?, , Name: Mike Reeves Tide: Executive Vice President, Chief Financial Officer and Treasurer [Signature page to Bill of Sale] CAPITAL QNE M& TIONAL ASSOCIATION Na : ` Murray P. Abrams Titl : Executive Vice President, Corporate Development [Signatarre Page to Bill of Sale] CAPITAL ONE B/AI -(USA), NATIONAL ASSOCIATION By: Title: E eoutive Vice President, (forporate Development [Signature Page to Bill of Sale] Annex A Allocations 1. The following Applicable Acquired Assets are hereby assigned to COBNA but only to the extent such Applicable Acquired Assets relate to the products set forth on Schedule A hereto (provided that any such Applicable Acquired Asset that is not fully separable between COBNA and CONA based on the products set forth on Schedule A shall not be assigned to COBNA and is instead hereby assigned to CONA in accordance with paragraph (2) below): Acquired Assets i. All CRS Accounts and all Gross Receivables and Accrued Interest and Fees related to the CRS Accounts, and all Charged Off Accounts and the right to any recoveries or collections'with respect thereto; ii. All CRS Account Agreements, pending applications for CRS Accounts and outstanding solicitations for CRS Accounts; iii. All loans associated with CRS Accounts (other than the Excluded Accounts); iv. The right to receive Interchange Fees and annual or other fees from Borrowers under the CRS Accounts, including the pro rata portion of any annual. or other fees from Borrowers under the CRS Accounts for any period after the Effective Time; V. The pro rata portion of any fees paid in connection with the CRS Business for any period after the Effective 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. DAMA.RK (containing the Damark Visa logo but not the Damark Intemat'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