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HomeMy WebLinkAbout09-0658AMERICAN EXPRESS BANK, FSB P.O. Box 981535 El Paso, TX 79998-1535 Vs. EDWARD H. POWERS t/a H.I. POWERS MIRROR & GLASS SERV. 640 W. Main Street Palmyra, PA 17078 and COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO. OR - (058 at, it jer m ED-KAT INC. 640 W. Main Street Palmyfb j %Vy'jpEN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 DESSEN, MOSES & ROSSITTO BY: David S. Dessen, Esquire Attorney I.D. No. 17627 600 Easton Road Willow Grove, PA 19090 (215) 496-2902 AMERICAN EXPRESS BANK, FSB P.O. Box 981535 El Paso, TX 79998-1535, vs. EDWARD H. POWERS t/a H. I. BROWN MIRROR & GLASS SERVICE 640 W. Main Street Palmyra, PA 17078 and ED-KAT INC. 640 W. Main Street Palmyra, PA 17078, Defendants Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION NO. O G. 4 5 8 ? 11-1 -Z11 CIVIL ACTION - COMPLAINT 1. Plaintiff AMERICAN EXPRESS BANK, FSB is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal address of P.O. Box 981535, El Paso, Texas 79998-1535. 2. Defendant EDWARDS H. POWERS is an adult individual doing business as H. I. BROWN MIRROR & GLASS SERVICE with a principal address of 640 W. Main Street, Palmyra, PA 17078. 3. Defendant ED-KAT INC. is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal place of business located at 640 W. Main Street, Palmyra, PA 17078. 4. At the specific request of the Defendants, Plaintiff established an American Express Business Gold Card Account bearing number 3727-144256-61002 in the Defendants' name and extended to the Defendants credit for the purchase of goods and services under the terms and conditions set forth on the attached Exhibit "A." 5. The Defendants purchased various goods and services that have been paid for by the Plaintiff pursuant to its contract with the Defendants. 6. As set forth on the statement attached hereto as Exhibit "B," as of January 19, 2009, there is currently due and owing to the Plaintiff $14,589.56 for goods and services purchased by the Defendants and paid for by the Plaintiff pursuant to its contract with the Defendants. 7. Although Plaintiff has repeatedly demanded payment of the amount due, Defendants have failed and refused to pay same to Plaintiff. 8. Pursuant to the terms and conditions of the contract between Plaintiff and the Defendants, interest accrues on any unpaid balance due at the rate of 2.99% per month. 9. There is currently due $243.81 in interest calculated at the contract rate from January 19, 2009 through February 5, 2009. 10. Pursuant to the terms and conditions of the contract between Plaintiff and the Defendants, Plaintiff may recover its reasonable attorney's fees in attempting to collect any amounts due. 11. Plaintiff believes, and therefore avers that an attorney's fee of $2,966.67, which is equal to twenty (20%) of the amount due, is just and reasonable compensation for the services rendered by its attorneys. 2 WHEREFORE, Plaintiff American Express Bank, FSB demands judgment in its favor and against Defendants EDWARD H. POWERS, t/a H. I. BROWN MIRROR & GLASS SERVICE and ED-KAT INC., as follows: Principal $14,589.56 Interest through February 5, 2009 $243.81 Attorney's Fees $2,966.67 plus per diem interest in the amount of $14.34 from February 6, 2009 to the date of judgment and costs of suit. Dated: February 5, 2009 DESSEN, MOSES & ROSSITTO BY: 0 ? V--,(:Ivl DAVID S. DESSEN, ESQUIR Attorney for Plaintiff VERIFICATION I, DAVID S. DESSEN, hereby certify that I am the attorney for the Plaintiff in the within Civil Action, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that statements made herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. aL, DAVID S. DESSEN v50_FDR899795 2/26/07 11:55 AM Page 1 FDR899795 Business Charge Card Agreernent Welcome to American Express Cardmembership This document and the accompanying supplement(s) constitute your Agreement. Please read and keep this Agreement. Abide by its terns. Wlxm you keep, sign or use the Business Card issued to you (including any renewal or replacement Business Cards), or you use the amount assocp- ated with this Agreement (your "Card Account"), you agree to the terns of this.Agreemu t. T e words "you. "',y'our' and "yours' mean the person named on the Business Card and/or, where applicable, the Company. You have received this Business Card at the request of the Company for rise in connection with the Card Account. You will be, called a "Business Candmemler" or "Additional Cardnembec" The Basic Cardmember is the authorizing officer of the Company who authorized us to issue the Business Card to you by signing the Company's application for the Card Account. The term "Company" means the company, corporation or firs in whose name the Business Cared Account is established. The Company, Basic Candmember and Additional Cardmembers agree, both jointly and individually, to be bound by the terms of this Agreement The term "Card" refers to the American Express" Business Card issued to you, all other Business Canis issued on your Card Amount, and any other device (such m Carts Amount numbers) with which you may access your Card Amount. "We," "our" and "us" refer to American Express Travel Related Servias Company Inc, de issuer of your Card Account. You may use the Card to obtain goods and services from any person who accepts the Card. You agree that you will use the Card for commercial or business purposes. Transactions you make in response to promotional offers from us will be subject to the tents of the promotion and this Agreement. All anhounts charged to your Canf .Account, including charges for purchases, annual fee(s), if any, any amounts guaranteed by use of the Card, other fees, and any finance Charges, are "Charges." You agree not to let any person use a Card except a Cardmember whose name is on it. You agree to notify us if the Carl is lost or stolen, or you suspect that it IS being used without your permission. You agree to use the Card Account only for purchases that am lawful and are permitted under this Agreement. Except as otherwise required by applicable law, we will not be responsible if any merchant refuses to honor the Card or for any, other problem you may have with a merchant. The Card has no pre-set spending limit Each Charge is evaluated in light of your spending and payment patterns on your Carl Account and other accounts you may have with us and our affiliates, your credit history, including experience with other creditors, and yvur personal and business resources known to us. We reserve die fight to deny any request for authorization for a Charge. We may also request additional informa- tion from you at any time. We may issue you renewal or replacement Cards before a previously issued Card expires. If }ou or an Additional Cardmenber authorize a third parry to bill Charges on a recurring basis to your Card Account ("Recurring Charge(s) "), we may (but are not required to) provide such third party with your current Card Account status, Cant number and/or expiration date to permit that third part to continue billing yvur Card Account W'e may take such steps even if your account number changes or if we issue a renewal or replacement Cant to you or an Additional Cardmember. To withdraw authorization for a Recurring Charge, you must notify the third party. You promise to pay all Charges, including Charges incurred by Additional Cardruembets, on your Card Account't'his promise includes any Charge for which you or an Additional Cardmember indicated an intent to incur the Charge, even if you or the Additional Candmember have not signed a charge forth or presented the Card. You also promise to pay any Charge incurred by anyone that you or an Additional Cardmember pet use the Card, even though you have agreed not to let anyone else use the Card. Status of and for Basic and Additional rtli Additional Cardmemrbers do not have accounts with us. Instead, thev are authorized userson the Card Account, and the Cards issued to them may be canceled by the Basic Cardmemler or Company or as at any time. The Company and the Basic Cardmember must notify us to revoke an Additional Cardmembers Permission to use the Card Amount The Company and the Basic Cardmember are responsible under this Agreement for all use of the Card Amount by the Basic Cardmember and Additional Canimembers, and by anyone else the Basic Carclmember or an Addis onal Cardmember lets use the Card, and the Charges they incur will be billed to the Basic Canimemler The Company and the Basic Cardmember have this responsibility even if they did not intend for an Additional Cardmember, or other person, to use the Card for any tratimc- tiots. The Company and the Basic Cardmember an, also nsponsible for any, losses as well as any other consequences related to or resulting from actions taken by any third parties authorized to act on behalfof the Company and the Basic Cardmember. Notwithstanding the Company's and the Basic Cardmember respon- sibility for all use of the Cant Account, by each use of the Additional Card to incur Charges, the Additional Canlmember indicates his or her agree- ment to pay its for the Charge if the Company and/or the Basic Cardmember fail to or refuse to pay it, and we may, at our discretion, pursue; Additional Canlmembers for payment of Charges they incur or authorize even though we send bills to the Basic Canlmember and not to Additional Cardmemhers. The Company and the Basic Cardmember authorize us to provide Cana Account information to Additional Cardmembers and to discuss the Card Account with them. 'the Basic Candmember agrees to notify each Additional Cardrnembe5 at the time he or she becomes an Additional Candm ember., that we may receive, record, exchange and use information about him or her in the sane man net we do with information about you, as described below in the CONSUMERAIUSINESS REPORTS, TELEPHONE MONITORING/ RECORDING, and SUSPENSI(k vcANCELIAtION sections of this Agreement. We will send bills for all Charges to the then current Basic Cardmember for the Card Account or such other person designated by the Company W receive the bills at the mailing ore-mail address provided by the Basic Canlmember. The Company or Basic Cardmember must notify, us imme- diately of any change in the mailing or e-mail address to which we send billing statements or notices that a billing statement has been posted ("Billing Address"). If you wish a Bill ing Address change to apply to more than one account you maintain with us, you must tell its. You agree that we may also update your Billing Address if We receive information that your Billing Address has changed or is incorrect. We apply those terns of this Agreement that vary by state according to your Billing Address. When winreivm information that you have changed your Billing Address, those terms of this Agn;emenl that vary depending on the state of your Billing Address will apply to the entire balance ofyour Card Account, including existing balances. All payments must be sent to the payment address shown on your billing statement and must include the remittance coupon from your billing statement. Payment is due upon your receipt of the billing statement. You must pay us in U.S. currency, with a single draft or check drawn on a U, S. bank and payable in U.S. dollars, or with a negotiable instru ment payable in U.S. dollars and clearable through the U.S. banking system, or through an electronic payment method clearable through the U.S. banking system. Your Card Account number must be included on or with all payments. If we decide to accept a payment made in a foreign currency, you authorize us to choose a conversion rate that is acceptable to us to convert your remittance into U.S. currency, unless a particular rate is required by law. Payments conforming to the above requirements that we receive no later than the hour specified on your billing statement will be credited to your Card Account as of the day received; payments conforming to the above rexpuirements thalve receive after the hour specified on your billing statement will be credited to yvur Cana Account as of die following (lay. If payment does not conform to the requirements stated above, cred- iting may be delayed. If this happens, additional Charges may to imposed We may accept late payments, partial payments or any payments marked as being payment in full or as being settlement of any dispute without losing any of our rights tinder this Agreement or under the law. Our acceptance of any such payments does not mean we agree to change this Agreement in any way. You agree that our acceptance of such payments will not operate as an accord and satisfaction without our prior express written approval. Subje x to applicable lain, uw hill apply and, lloomelAgymena be eau vour Card Account and your Eviendezl Pa)mnenl (Peron Account (7f tlYil account bas been aclrtWed) ("alended Payment Account) (reJened to as 'Atcotml"in the Evierrdrxl Payrorenl gVion Agreement ) and, to Cbarga in any order and manner delermined by ruin our,mleelisrridion. In most cases, we will apply and allocate payments as follows: First, to delinquent amounts, and among different delinquent amounts (if there are two or more) at our discretion. Second, to minimum amounts due, on your Extended Payment Account (if any). ma6623007) 'third, to your Cant Account Fourth, to other amounts outstanding on any Extended Payment Account, applying and allocating payments generally to balances at lower Annual Percentage Rates ("APRs") before higher APR balances. If you have a credit balance on your Card Account at the end of a billing period, we will apply that credit balance to any outstanding balance on your Extended Payment Amount. However, for servicing, administrative, systems or other business reasons, we may apply and allocate payments and credits among any Card Account and Extended Payment Account balances and to Charges on any account in some other order or manner that we may determine in our sole discretion. You agree that we have the unconditional fight to exercise this discretion in a way that is most favorable or convenient to us. When you provide acheck as payment, you authorize us to use information from your check to make an electronic fund tranderfromyour amount or to process the payment as a check transaction, if we processyourcheck electronically, hinds may be withdrawn from yourbankor asset amount as soon as the same day we receive your check. Also, ifwe process your check electronically, you will not receive that cancelled checkvvith your bank or asset account statement. Each Business Card on the Card.Amatnt will be assessed an annual fee of t55. if Your Card is a Business Purchase Amount' or a Basic Business Gold Card, the annual fee is $75 per Card; if your Card is an Additional Business Gold Card, the annual fee is $35 per Card; and if your Card Account is an Executive Business Card Amount, the annual fee for the Basic Executive Business Card is $200, and the annual fee for each ,Additional Executive Business Card on your Cant Amount is $200, and the annual fee for each Additional Business Gold Card on your Card Account is $35. The an nual fee is increased by $5 for Card Accounts with billing addresses outside the United States. If any part of the amount due remains unpaid on the 15th day after the Closing Date of the next billing statement, we may essev a fee of S35 (Iowa $ I5). For each Closing Date thereafter that an amount due remains delinquent, wv: may asses a fee of die greater of $ 35 or 2.99%, of the delinquent amount (Iowa $15). W'e may charge the following fees to your Card Account, subject to appli- cable law. N'bonored Payments We may charge a fee of $38 whenever any check, similar instrument, or electronic payment order that we receive as payment is not honored upon first presentment. If a Card is presented in connection with cashing a check at an American Express Travel Service Office or other authorised location and the check is not honored, we may charge a fee of $38. (We will also add a Charge to your Card Account in the amount of the check that was not honored.) In addition to any other actions we may take under this Agreement, we may suspend or cancel your Card Amount or any component of your Card Account, and/or we may suspend or cancel the authorization of arty Additional Candnember to make Charges to your Account, at our sole discretion at any time, with or without cause, whether or not your Card Account is in default and without giving you notice, subject to applicable law. Any such action on our part will not cancel your obligation to pay all Charges due on your Card Account under the terns of this Agreement in effect at the time of such action or as subscyuently amended, and you agree to pay us all such Charges despite any such action. We may advise third parties who accept the Card that the Card(s) issued to you and/or Additional Cardmembi have been canceled. If we cancel the Card or it expires, you may no longer use it and you must destroy it or realm it to us or, if we request, to a third parry. if you want to cancel the Card Account or any Additional Cards, you mast notify its and destroy the Card(s). If we agree to reinstate your Card Account after a cancellation, the new Agreement we send you (or, if we do not send you a new Agreement, this Agreement as it may be amended) will govern your reinstated Card Amount W hem we reinstate your Card Amount, we may reinstate any Additional Cards issued in connection with ),our Carl Amount, and bill you the applicable annual fee(s). v50_FDR899795 2/26/07 11:55 AM Page 2 r We may consider your Card Account to be in default at airy time if you fail to pay us any amount when it is due, or if you breach any other promise or obligation tinder this Agreement. Subject to applicable law, we may also consider your Carl Account to be in default at any time if anv statement made by you to us in connec- tion with this Cad.Accoulit or any other credit program was false or misleading; if you breach any promise or obligation under any other agreement that you may have with its or with any of our affiliates if we. receive infumiation indialing that you are bankrupt, intend to file bank- ruptcy, or are unable to pay your debts as they become due: or we receive infommadon leading us to conclude that you an, otherwise not credit- wordy In evaluating your creditworthiness, you agree that we may rely on information contained in consumer reports, and in our discretion we may consider the amount of debt you are carving compared to your resources or any other of your credit characteristics, regardless of your performance on this Card Account We may also consider your Card Account in default in the event of your death. In the event of your default, and subject to any limitations or require- ments of applicable law, we may suspend or cancel your Account and/or any feature that may be offered in connection with the Account. You agree to pay all reasonable costs, including reasonable attorneys' fens, incurred by us (1) in connection with the collection of any amount due on your Carl Account, whether or not any arbitration, litigation, or similar proceedings are initiated; and (2) in reasonably protecting ourselves from any loss, harm, or risk relating to anydefaulton your Card Account. Transactions Madc, In Foreign Currencies If you incur a Charge m a foreign currency, n will beconverted into U.S. dollarson Ile date it is pmossed by us or our agents. Unless a particular rate is required by applicable law, you authorize us Icehouse a convey siun ram that is acceptable to us fair that dam. Currently, the conversion rate "use for a Charge in a foreign currency is no greater than (a) die highest official conversion rate published Lava government agency, or (b) the highest interbank conversion rate identified by us from customary hanking sources, on the conversion date or the prior business day, in each instance increased by 2V 'Ibis conversion rate may differ from rates in effect on the dam of your Charge Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Subject toapplicable law, we have the right to add, modify or delete any benefit, service, or Feature that may accompany your Card Account at any time and without notice to you. Arbitration Purposr. This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court. LVinUignc As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or whiting to your Card Account, this Agreement, the Electronic Funds Transfer Services Agreement, the Extended Payment Option Agreement, and any other related or prior agreement that you may have had with us, or the relationships "salting from any of the above agreements ("Agreements"), except for the validity, enforceability, or scope- of this Arbitration Provision or the. Agreements. For purposas of this Arbitration Provision, `you" and "uss' also includes anycogxbram parent, or wholly or majority owned subsidiaries, affiliates, any :licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims" "Claim" includes claims of every kind and nature, including but not limited to, initial clainns, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statute, mguladons, common law and equity. Clainy' also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the Card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or its against the other The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example arid without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the Agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, 111E 8P795 goods or services financed under any of the accounts or the terms of financing (c) the benefits and service's related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and tending only in that court. Inihalimi ofIlrbilredion Pnxxxa!ling/,Sra'edion gfA&WnWralor: Any Claim shalt be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedums of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Cade conflicts with this Agreement. Claims shall be referred to either the National Arbitration Foram ("NAI°") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unac- ceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator For a copy of the procedures, to rile a Claim or for other information about these organizations, contact them as follows: • NAFatPO.Box 50191,Minneapolis,MN 55405:website: www.arbitration-for rracom. • AAA at 335 Madison Avenue, New York, NY 10017; websile: wwwadcorg. Mgr frccntceel/Arbr'lralimr: IF ARBITRA'T'ION IS CHOSEN BY ANY PAR'rY WFL'll RESPECT" FO A CLAIM, NEITI IER YOU NOR WE WILL IIAVE'FI IE ItlGH'I' To LI'riGAFE'1'ITA'I' CLAIM IN COURT (lit HAVE A JURY'IRIAL ON THA'I' CIAIM. FURTHER, YOU AND W'E WILL NOT HAVE THE. RIGHT TO PARTICIPATE. IN .A REPRESENTATnE CAPACITY OR AS A MEMBER OF ANY CLASS 01' CLAIMANTS PERTAINING TO ANY CLAIM SUBJECI'TO ARBITRATON. FaCEPT.AS SET FORTJl BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NO'T'E 'T'HAT o'rUER RiGin's TBNr YOU OR WE WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Resldctions on.4rbdralkvn: IF EITHER PARTY ELECTS TO RESOI.I'E A CIAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SI [ALL BE NO RIGI IT OR AUTI IOR17Y FOR ANY CLAIMS TO BE ARBITRA'T'ED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGI I'1' IN A PURPORTED REPRESEN- TATIVE CAPACITY ON BEHALF OF THE GENERAL. PUBLIC, OTHER CARDMF:MBF.RS OR oTHF.R PERSONS SIMILARLY SITI IATFD. The arbitrator's authority to resolve Claims is limited to Claims between ,you and its alone, and the arbitrators authority to make awards is limited to awards to you and its alone. Furthermore, claims brought by you against us, or by it,, against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or deri- sion will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agmenent (including but not limited to the "Cordinuation" provision below) and without waiving either party's right to appeal such decision, should any portion of this "Restrictions on Arbdrrilian" provision be deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not ;q)ply. Arbitration Procrxlurac This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal .Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amtenckxl (the "FAA''). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable tinder the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of priu- Legc recognized at law and, at the timely request of either party; shall provide a brief written explanation of the basis for the decision. 'Me arbitration proceeding shall not be governed by any Federal or state odes of civil procedure or rules of evidence. Either parry may submit a request to the arbitrator to expand the scope of discovery under the applicable Code. The party submitting such a rquest must provide a copy to the other pare, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such a request will be in the sole discre0on of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting partys submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 'the arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. I however, any party can appeal that award to a three-arbitrator panel adminis- tered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing para. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exemising the right of appeal. The appeal shall be filed with the arbitra- tion organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a thee-arbitrator panel that will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding. Lowlion ofArbilralr'rm/Privmcml ofreel: Any arbitration hearing that you attend shall take place in the federal judicial district of your resi- dence. You will be responsible for paving your sham, if any, 4 the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the state or federal court closest to your billing address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good fifth making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will not be assessed any arbitra- tion fees in excess of your share if you do not prevail in any arbitration with its. 6bn/r imWion: This Arbitration Provision shall survive termination of your accounts as well as voluntary payment of the Account balance in full by you, any legal proceeding by you or us to collect a debt owed by the other, any bankruptcy by you or us, and any sale by us of your Account (and in the case of sale, its terns shall apply to the buyer of any of your Account). Except as otherwise provided in the "Neslrictimds on Arbilratkm" provision above, if any portion of this Arbitration Provision (other than the "Resinclions ter Arbdralion" provision) is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any predecessor agreement you may have had with us, each of which shall be enforce- able regardless of such invalidity. Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of our rights on any occa- sion, shal l not constitute a waiver of such rights on any other occasion. Consurner,'Business Reports You authorize us to request consumer and/or business reports about you, to make whatever credit investigations we deem appropriate, to obtain and exchange any information we may receive from consumer orbusi- ness reports and odor sources, mid to use such information for any purposes, subject to applicable law You authorize its to furnish information concerning your (lard Account to business or consumer mprling agencies, or others, subject to applicable law. If you believe information we have fumished about your Card Account to a consumer reporting agency is inaccurate, you should write to us at: American Express Credit Bureau Unit, P0. Box 7871, IY. Lauderdale, FL 33329-7871 and identify de specific information you believe is inaccurate. You am hereby notified that information about your Card Account that may have a negative impact on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Telephone Monitoring,, Recording You agree that from time to time we may monitor and/or record tele- phone cal Is between you or Additional Cardmetnbers and us to assum the quality of our customer service or as required by applicable law. Use of Card at Federal Government Agencle, American Express has entered into contracts that enable the Carl tobe accepted at certain federal government agencies and departments ("Agencies"). As with Card transactions at commercial establishments, when you choose to use your Carl at an Agency certain Charge informa- tion is necessarily collected by us. Charge information from Card transactions at Agencies may be used for processing Charges and payments, billing and collections activities and may be aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by Agencies are published periodically in die Federal Register. Insurance Products Notice We identify insurance providers and products that may be of interest to you. In this role we may act on behalf of the insurance provider, as permitted by law. We receive compensation from insurance providers that may vary by v50_FDR899795 2/26/07 11:55 AM Page 3 provider and product. Also, we may receive additional compensation or financial lenefitwhen AMF.XAssurance (company or anotherAnerican Express entity acts as the insurer or reinsurer for these products.1lie arrangements we have with providers, including the potential to insure or reinsureproducts, may also influence what products and providers we identify. Any notice given by us shall be deemed given when deposited in the U.S. mail, postage prepaid, addressed to you at the latest Billing Address shown on our records. We may change the terms of or add new terms to this Agreement at any time, in accordance with applicable law We may apply any changed or new terns to any then-existing balances on your Account as well as to future balances. This written Agreement is a final expression of the agree- ment between the creditor and the debtor and the written Agreement may not lx contradicted by evidence of any alleged oral agreement. We may also sell, transfer or assign this Agreement and the Account at any time without notice to you. You may not sell, assign or transfer your Account or any of your obligations under this Agnettient. Your Account may be transfene2d to American Express Centurion Services Corporation if your Account is in default under the terms of this Agreement. In the event you dispute a Charge and we credit your Carol Atount for all or part of such disputed Charge, we automatically succeed to, acid you are automatically doomed to assign and transfer to us, any rights and claims (excluding tort claims) that you have, had or may have against. any third party for an amount equal to the amount we credited to your Card Account. After we make such credit, you agree that without our consent you will not pursue any claim against or reimbursement from such third party for the amount that we credited to your Card Account, and that you will cooperate with us if we decide to pursue the third party for the amount credited. This Agreement and your Cant Account, and all questions about their legality, enforceability and integirutation, are governed by the laws of the State of New York (without regard to intemal principles of conflicts of law), and by applicable federal law. We are located in New York, hold your Card.Account in New York and entered into this Agreement with you in New York A VRICANEKPRESSTRAVELftBIA'fEDSERVICESCOMPANY,INC. Extended Pavincnt Option A-rreemoent This Extended Payment Option Agreement only applies to you if the Extended Payment Option Account (the "Account") has been activated by us. We will notin you if and when we activate your•Account, and, when we (to, this Agreement applies to yrour use of the Account. The terms and conditions governing the Account are set forth in this Agreement. By electing to use the Account, you agree to be bound by this Agreement. Teons that are defined in the American Express Cardmembership Agreement have the same meanings in this Agreement, Description of the Account The Account is an extended payment account offered li American Express Bank, FSB ("the Batik") by invitation only The Extended Payment Option under this Account allows Charges to be posted auto- matically to this.Account. The Extended Payment Option permits you to extend payment for all eligible Charges by advising its one time that you wish to (to so. If this feature is approved for your Account and you enroll, all of your eligible Charges will be billed under the Extended Payment Option and not on your Card Account. Eligible Charges include charges in and above the amount disclosed in vour enrollment letter and/or supplement. The following are examples of Charges that are not eligible Charges: Express Cash, American Express' Travelers Cheques, American Express" Gift Cheques, insurance, real estate, monthly payments under the balance payrnent option and other transactions delemiined by the Bank. The Bank may change its designation ofwhat Charges are eligible for the Account and/or the Extended Payment Option at any time. The Bank reserves the right to authorize you to place other Charges, or any other transaction not specifically authorized herein on the Account in its sole discretion. Any Charges which the Bank does not permit to be extended under the Account or any otherwise el igible Charge which'you have not elected to extend will be billed under the terns governing your Carl Account. Additionally, any Charge made in an attempt to use the Account when the Account is not enrolled and authorized for purchasing will be transferred to the Card Account, and full payment (without extended payment terns) will be required when due under the temu and conditions of the Card Account agreement. The Card Account is governed by the previous agreement which is headed "Agreement Between Cardmember and American Express Travel Related Services Company, Inc." Sonic provisions in that agreement also apply, to the Account When you read these provisions, you should oprisider the references to the Card Account to refer to the Account for purposes of this Agreement The provisions which apply to this Agreement am headed: Using the Card, Promise to Pay, Status of and Responsibility for Basic and Additional Cardmembem Payments, Authorization for Electronic Debit to Your Checking Account, other Fees, Suspersion/Cancellation, Default, Transactions Made in Foreign Currencies, Benefits and Services, Arbitration, Waiver, Consumer/Busmess Reports,'lelcphone Monitoring/ Recording, Use of the Card at Federal Government Agencies, Changing this Agreement/Assignmenl of this Agreement, and Assignment of Claims. Please refer to those provisions as you read this Agreement Additionally, we may on occasion offer special promotional terns that apply to specified balances, and/or during a specifier) time period. if we do this, we will provide you with the details of the c offers in the accom- panying information describing the special promotional terns. Billing Statement - Minimum Payruent You will receive billing statements on your Account when you receive your billing statements for the Card Account. American Express Travel Related Services Company, Inc. ("'I'RSor its affiliates or agents will act as the Bank's agent for purposes of billing, servicing and collecting your Account, and your statement for the Account will accompany your Card.Accounl statement from TRS. Each Account statement will reflect a Minimum Payment due upon your rec ipt of the Account statement.'I'le Minimum Pamamt depends on the New Balance shown on your Account statement. Your NIMMIum Payment on any Account statement will be rounded up to the nearest whole dollar if greater than $20 and is the total of (i) any prviously billed Minimum Payments that remain unpaid on the Closing Date of the statement, and (ii) the greater of. • 1POth of the New Balance shown on your Account statement; • the current month's billed Finance Charges; or, • $20 (or the New Balance if it is less than $20). You may pay mom than the Minimum payment, up to die entire New Balance, at any time. Finance Charges A. Finance Charges begin to accrue for each Charge as of the date it is added to the daily balance, as described below However, for Chawl% (other than FinanceCharges) that are added to a balance automati- cally, no Finance Charges will accrue in any billing period in which the total Account balance on the Closing Daw for the previous billing period is zem or a credit balance. R. The Daily Periodic Rate ("DPR") for Aaxont Charges is based on an APR, which maybe fixed err may vary. If the APR is variable, the APR is based on the Prime Rate described below. A DPR is i/365th of the APR. Your DPRs and APRs, variable or fixed, appear on the Extended Payment Option supplement(s) and/or enrollment form. When an APR changes, we apply it to any existing balance subject to that rate. C. The "Prime Rate" is determined once with respect to each billing period. The Prime Rate foreach billing period is the Prime Rate published in the Money Rates se tion (orsucassor section) of7be Ridl VrexYjournal on (a) the first dayof that billing period or (b) the day that is two days prior to the Closing Date of that billing period, whichever is higher. In each case, if such a day is not a customary publication day for The Wid1,VhvV, Jourmd, we will substitute the closest preceding day that is a customary publication day. If The Wid1.V1r&/ Jour,w1 ceases orsuspeols publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, orwe maysubstitute a similar reference rate at oursole discretion. Any increase ordwrease to an APR usulting from a change in die Prime Rate takes effect as of the first day of the billing period. An increase in the Prime Rate means that the variable AP111.4 (and corresponding DPRs) applicable to yourAccountw•ill increase and you may incur higher Finance Charges and may have a higher Minimum AmountDtw. D. The DPR (and corresponding APR) for balances on your Account may increase to the Default Irate if during the Review Period (i) your Acexrunt and/or Cared Account is delinquent on the Closing Date of any three bi Iling periods, (ii) your Account and/or Carl Aca)unt is delinquent on the Closing Date of two consecutive billing pencils. or (iii) on two or more occasions a payment submitted on this Account and/or your Card Account is not honored on first presentment. Your Account wi 11 be considered delinquent if payment of at least the. Minimum Pavment on a billing statement is not credited to your Account by the Closing Date of the next billing period Ynur Card Account will be considered delinquent if payment for all Charges shown on a billing statement is not credited to your Card Account by die Closing Date of the next billing period. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, wliether or not you received a statement for each such billing period. If the Default Rate is applied, it will apply to your Account for twelve consecutive billing periods, beginning with the current billing period. The Default Rate will not apply to any balance unless it is higher than the rate that would otherwise apply to that balance. The Default Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 21.99%. I Finance Ch.irge? We use the Average Daily Balance method to calculate Finance Charges on your Account. Under this method, we calculate the Finance Charges on your Account by applying the DPR to the Average Daily Balance (as described below) (including current transactions). •1'o get the Average Daily Balance, we (1) take the beginning balance for each day (including unpaid Finance Charges from previous billing periods), (2) add ally new transactions, debits, or fees, (3) subtract any payments or credits credited as of that day, and (4) make any appropriate adjust- ments. Por each (key rifler thefirst dqv of the billing per bd m, (gy, add an amount of inkrrat crlual to fbe precious day's• daily balance multgVied by the DPI?. This gives us the daily balance for that day and the beginning balancefor the next day. If this balance is negative, it is considered to be zem.'Ihen, we add up all the daily balances for the billing period and divide the total by the number of days in the billing period. This giros its the Average Daily Balance. Except for specific Charges or amounts added to the Account during a billing period in response to a request, the Average Dally Balance for the billing period will be considered Jobe zero if you paid, by the Closing Date of the billingperiod, the total Account balance, if any, shown on your previous billing statement. If you multiply the Average Dally Balance by the number of days in the billing period and the DPR, the result will be the Finance Charge assessed, except for variations caused by rounding. This metbod of cakukifing tbeAavrrage Daily Balance and Finance Charge mulls in daily con*wrnek'ng of Finance Charges. We may ttse mathematical formulas which produce equivalent results to calculate the Average Daily Balance, Finance Charge, and related amounts. For example, we may utilize computer programs or other computational methods that are designed to produce mathemati- cally equivalent results while using fewer and/or simpler computational steps than are described in this Agreement. At our discretion, we may exclude certain categories of debit transa - ioiis or fees from the calculation of the daily balances. Unless we elect to use a later date, we add a Charge to the daily balance as follows: For Charges (other than Finance Charges) that are added to a balance auto- matically, we add the Charge to the appropriate daily balance as of the (late the Charge is Posted to the Account For Charges that are not added to a balance automatically (e.g., in response to a specific transfer request), we add the Charge to the appropriate daily balance as of the date we process the request. Periodic Finance Charges are added to the outstanding balance at the end of the billing period for which Finance Charges are calculated. In our sole discretion, we also may round any calculadous made in determining the Finance Charges on yourAcc cunt in any way that is convenient to us..Any such rounding may apply to or cause variations in your DPRs. In addition in the provisions of the Card Account Agreement entitled "Default" which are incorporated by reference into this Agreement, we may, in the event of your default and subject to applicable law, increase your APR or require payment of the total outstanding balance on your Account and/or any portion of your outstanding balance greater than the Minimum Payment We may also, in the event of your default and subject to applicable law, declare the entire amount of your obligations to its on your Card Account and this Account immediately due and payable and suspend or cancel your Account and/or any feature that may be offered in connection with the Account Any notice given by the Bank shall be deemed to be given when deposited in the United States mail, postage prepaid, addressers to you at the latest Billing Address shown on the Bank's mcoris. -4- j. IV50_FDR899795 2/26/07 11:55 AM Page 4 This Agreement and your Account, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Utah (without regard to internal principles of conflicts of law), and by app Iicalile federal law. We are located in Utah, hold vour Account in Utah, and entered into this Agreementwith you in Utah. .AMERICAN EXPRESS BANK, FSB TO AMERICAN EXPRESS CARDMEMBERS IN THE UNITED STATES AND ITS TERRITORIES. BILLING DISPUTES PROCEDURE - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about our billing dispute procedures. If you think yourstatement is wmng or if you need more information about a transaction on your statement, write us on a separate short of paper at the address for billing inquiries listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared You can also telephone us, but doing so will not pmwrve your right under this procedure. In your letter, give us the following information: • lour name anti account number • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to payyour account statement automati- cally from your savings, checking or other account you can slop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is se heduled to occur We will acknowledge your letter within thirty, (30) days, unless we have corrected the error by then. Within ninety (90) days, we will either correct the error or explain why we. believe the statement was correct. After we receive your letter, we will try to collect any amount you ques- tion or report you as delinquent. We can continue to bill you for the amount you question, including Finance Charges. tbu do not have to pay any questioned amountwhile we am investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any Finance Charges related to any questioned amount If we did not make a mistake, you may have to pay finance Charges, and you will have to makeup any missed payments on the questioned amounts. In either case, we will send you a statement of the, amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to its within ten (10) clays telling us that you still refire to pay, we must tell anyone we report you to that you have a question about your statement, and we will tell yrou the name of anyone we reported you to. We will tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we will not collect the first 550 of the questioned amount, even if your statement was correct. If you have a problem with the quality of property or services that you purchased with the Card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount clue on the property or ervices. There are two limitations to this (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price mast have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property orservices. Note for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit- worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliancewith this law. Agreement Between Cardmernber and Arnerican Express Travel Related Scrviees Company-, Inc. Concerning Electronie hind'Ii'ansfer Ser i.ccs ONCE YOU ENROLL IN EXPRESS CASH (CALL 1-800-CASH- NOW), PAY RV COMPUTER, PAY BY PHONE OR ANY OTHER AMERICAN EXPRESS ELECTRONIC FUNDS TRANSFER SERVICE (HEREAFTER THE "PROGRAM"), YOU WILL BE SUBJECT TO THIS ELECTRONIC FUNDS TRANSFER AGREEMENT (THE "EFT AGREEMENT"). This EFI'Agivementcoversyourparticipation in the Program, In this EFT Agreement, the wools " ymi" and "your" refer to the Basic Cardmember and also include all Additional Cardmembers who have enrolled in the Progrant.'I'he wools we "bur" and "us" refer to American Express Travel Relatel Services Company, Inc.'rhe words "your American Express Accounts" reefer to your Card Account or any other American Express Accounts that we pennit you to enroll in the Program. Tice words "your Bank Account" refer to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words "your bank" mean the bank securities firm or other financial institution That holds your Bank Account. The words "other options" refer to electronic payment transfer options and/or other cash access that American Express may make available from time to time, including the option to pay your Cud Account bill electronically using a computer, phone or other device. Participating in the Express Cash Program will enable you to use the Card to obtain cash from Automated Teller Machines ("ATMs") operated by any bank or financial institution that participates in the Express Cash Program. The Cana Account is governed by the Car dmember Agreement that is attached to this EFT Agreement. That agreement and the capitahizel terms in it also apply here. Personal Identification Number In connection with your participation in the Program, we have issued to you or allowed you to choose your rnvn Personal Identification Number ("PIN"). Bach time you wish to obtain cash at an ATM you must supply your PIN and use or present the Cant lb ensum that no unauthorized transactions are made under the Express Cash Program, you should take all reasonable preeaufions to prevent any other person from learning your PIN or using the Card. for example, never keep any material containing your PIN attached to or with the Carol. Otherelectrooic funds transfer options may or may not require the use of a PIN. Obtaining Limits on The limit on the amountofcash that you and.Additional Candmembers on vour American Express Accounts may obtain froin.ATMs is $1,N)o (for Executive Business Card Accounts: $2,500) in any seven-day period. We may impose additional limits at our sole discretion (in addition to any limit imposed by the ATM's operator). Payment for Cash Tran5aCUOIIS Each time you initiate a transaction under the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing house ("ACH") debit in your name on your Bank Account, payable to us or to our agent, in the amount of the transaction. The amount of the transaction is the total of (i) the amount of any cash you received or other funds transferyat authonzat (ii) the amount of any other goods orservices obtained, and (iii) any fees imposed for use of the ATM by its operator. We may charge a fee to the Card Account for each Expnss Cash transac- tion at an ARI.'Ibis fee will be 3% of the amount of the transaction, with a minininm of S5. The amount of the. transaction is the total of (i) the amount of any cash you received or other funds transfer you authoriwil. (ii) die amount of any other goals or services obtained, and (iii) any fees imposed for tux of the A'I'A9 by its operator In addition, for each transac- tion your bank may asatis its customary transaction fee or per-check or item-handling charge, if any. We may also charge a fee of $38 for each check or ACH debit drawn by us or our agent in connection with the Program that is not honored upon first pnsentmenI, subject to applicable law. Your bank may also assess is customary charge for such imms, if any. Dishonored Requests for Payments If any check or ACI I debit drawn by us or our agent in connection with the Program is not believed by your bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred to above, tr the Card Account or recollect the amount from you. If this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you may have a separate agreement with us or with a participating bank securities firm, or other financial mstitu- tion that allows a line elf credit to be accessed in the event that your Bank Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement mlating to that line of credit for the terms and conditions that govern its use. of Prompt Reporting You must tell us AT ONCE if you believe the Card or your PIN has been lost, stolen or used without your permission.'lelephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two days after you learn about it you notify is that the transaction was unauthorized, we will not hold you liable for that transaction. In any event, even if you fail to notify us your liability for any unauthorized transaction or series of related unauthorized transactions shall not exceed $50. If you believe the Card or your PIN has been last or stolen or that someone has transferred or may transfer money from your Bank .Account without permission call: 1-&&528-4500 (within the h.S.) or 1-336-393-1111 (outside U.S.) anytime,orwrite:American ExpressCredit l lWartmiait P.O. Box 53830, Phoenix, Ari7ona 85072-3830. Outside the United States, you may also contact any American Express 't'ravel Service location to report a loss or theft of the Card oryour PIN. Our Liability for Improper Tmnsaction5 or Payments If a transaction is not completed as you have directed or if we do not complete a transfer to or from your Bank Account on time in the correct amount, we will research and correct it as necessary, once you advise us. We will also reimburse you for your actual losses or damages, if any, caused by our error However, there are some exceptions. We will not be Iiable to you in the following instances: • if, through no fault of ours, your Bank Account dots not or did not contain enough money to complete the transaction or the transfer would exceed an established credit limit; • if the funds in your Bank Account are or were at die time ofthe attempted transaction subject to legal process or other encumbrance restricting the transaction; • if the ATM or other location whereyou are making the transaction did not have enough cash; • if the ATM was not working properly anti you knew this at the time you started making die transaction; • if circumstances beyond our control (such as fire or flood) prevent or prevented the transaction, despite reasonable precautions that we have taken; • if a technical malfunction known to you prevented the transaction; • or any other exceptions stated in this EFT AgimmialL For pit opuses of this EFr.Agreement, our business days are Monday through Friday. Holidays are not included. The Carol Account is governed by the Canlmember Agreement contained herein. The Arbitration provision contained within that agreement applies to this EFI'.Agreement. Please refer to that provision as you read this EFT Agreement. Electronic funds transfers you initiate pursuant to this EFrAgmement are coveted by the American Express Privacy Policy, a copy of which was given to you together with your American Express Cud. Ib view our Privacy Policy online, please visit americanexpress.com. How to Contact Us If for any reason you wish to contact us about the Program, about your participation in the Pmgram, or about transactions relating to the Program, write or call us as follows: Address: American Express Travel Related Services Company, Inc., Electronic Funds Services, P0. Box 297815, FL Lauderdale, F1.33329-7815 or e-mail us ley clicking on the Customer Service link online at www:aniericanexpress.com. 'telephone: 1-80CASII-NOW; 24 hours a day, seven days aweek Write or callus at the number or address given above as soon as yrou can if'you think your statement or receipt is wrong or if you nod more infor- mation about a transaction listed on your statement or receipt. We must hear from you no later than 60 days afterwe sent you the FIRSTsurte- ment on which the problem or error appeared. If you are delayed in contacting us due to extenuating circumstances (such as a hospital stay), we may extend this 60 days for a reasonable time. 1. 'fell its your name and Card Account number. 2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need moo information. 3. Till its the dollar amount of the suspected error v50_FDR899795 2/26/07 11:55 AM Page 5 If you tell its orally, we may require that you send us your complaint or question in writing within 10 business days* from the date you notified us. We will tell you the results of our investigation within 10 business days* after we hear from you and we will correct any error promptly If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this we will assure that your bank recredits your Bank Account within 10 business days' for the amount you think is in error, so that you will have the use of the money during the time it takes as to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days* following your oral notification, we may not recredit your Bank Account. For transactions initiated outside the U.S. (and in the event there are transfers resulting from any point-of-sale debit card transactions), we will have 98 calendar days to complete our investigation, unless other- wise required by law. If notification of an error is received within 30 calendar days after your Bank Account is opened, we will have 20 business days to provide VOL] with the results of our investigation and correct any error and 90 days to complete the investigation. If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. Upon your request we will provide you w th topics of the documents that we used in our investigation. If we have provisionally recree ited your Batik Account . during the investigation and determine that there was no error, we will notify you of the date on which we will redebit your Bank Account, and the amount to be debited. You should make certain that your Bank Account contains sufficient Funds to cover this debit. If it does not, we have the right to charge such amount to the Card Account or to collect the amount from you. If this happens, we.. maycancel your right to participate in the Program. We, or any bank or financial institution participating in the Program, may add to or remove from the Program any or all ATMs or extend or limit the services provided at any location without notifying you before- hand. In addition, we may discontinue the Program at any time. Your right to participate in the Program will be terminated or suspended if the Card Account is canceled or suspended, if you cancel the authorization you have given your bank to directly charge checks to your Bank Account, if the Bank Account from which payment will be made when you make transactions under the Program is closed to with- drawal transactions by us or our agents, if your participation in the Program is inactive for 18 consecutive months or more, or if the Card Account is no longer in good standing. In addition to the foregoing, we may revoke your right to participate in the Program, at any time, at our sole discretion, with or without cause. subject to applicable law if we do so, we will send you written notice, but we may notsend you the notice until after the revocation. We also have the right to deny authorization for any requested transaction. at any time, at our sole discretion, with or without cause, and without giving you notice, subject to applicable law You may terminate your part icipation in the Program but you must do so by writing to us at the address disclosed in the Sedation of this EFT Agreement enti tled "HOW TO CONTACT ITS." This EFT Agreement supersedes all prior agreements you may have witti us relating to the Program. We. have the right to assign this EFT Agreement to a subsidiary or affiliate company at any time. AMERICAN EXPRESS TRAYEL RELAfED SERVICES COMPANY, INC. General Disclosure Statement. Any documentation provided to you which indicates that an electronic funds transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie prof that such transfer was made. The initiation by you of certain electronic funds transfers from your Bank Account will, except as otherwise provided in this EFT Agreement, effectively eliminate your ability to stop payment of the transfer. UNLESS O'IrIERW9SE PROVIDED IN THIS E17 AGREEMEN'T', YOU MAY NOT STOP PAYMENT OF ELECTRONIC, FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THATYOU WILL NOT NEED TO STOP PAYMENT. Disclosure of Account Information to Third Parties. If you give us your written authorization to disclose information about you, your Card Account or the transactions that you make to any person, that authorization sha]I automatically expire 45 days after we receive it. Optional Limit on Obtaining Cash. You have the option to request that we limit the total amount of cash that you may obtain from ATMs in a single day to $50. If you elect this option we will take all reasonable steps to comply with your request. If the A'I'M you are using is inside a building, close the entry door completely upon entering. Individuals who have a legitimate need to gain access to an ATM should have a card. Them may be occasions when non-authorized users gain access to an ATM machine that are beyond an individual's control. Put withdrawn cash in a secure place before stepping away from the A'I'M. Be aware of your surroundings. If you believe you are being watched or followed, cancel your transaction, then go to a well-popti- lated area. If necessary, call the local police. Do not write your PIN number on or near the Card. Do not give your PIN number to anyone else. In case of an emergency, call 911. Complaints concerning security at an American Exprsss Dispenser should be directed to the address listed under "I IOW TO CONTACT US." Note: Activity is being recorded by hidden cameras at ATM locations in New York City, and/or as required by local regulations. *Por Massachusetts residents: 10 calendar days instead of busimss days. #rrwrican Expres;st" Card Baggage Insurance Plan Description of Coverage How the Baggage Insurance Plan Works The American Express Card Baggage Insurance Plan ("Plan") provides certain coverage against Loss or damage to checked and tarty-on baggage of yours and of Eligible Persons (set "Who is Covered") when Common farrier tickets are charged to youreligible American Express Card or another eligible Account. How You Benefit Coverage is in effect for Eligible Persons during their travel on a Common Camerwhen the ticket for the trip (ine-way or round-trip) is charged to your eligible American Fq rests Card or another eligible Account. Coverage during a Covered Trip foreach Eligible Person includes: • bp to $1,250forarrrp-onbaqageand certain carry-tan personal effects while these covered items are on board the Common Carrier; and • Ul) to $51X1 for checked baggage, in EXCESS of checked baggage coverage provided by Common Carriers. Note. For ?Veiv York State residemtr, fbere is a $10..000 aggregate mavimnrn limilJor all Eligible Personsper Covered 714p. If the Common Carrier ticket for each Eligible Person ischarged in advance of going directly to the terminal to board the Common Carrier, the baggage of each Eligible Person is also covered for • Up to $1,250 while the Eligible Person is going directly to or leaving directly from the terminal on a Covemil Trip while traveling as a passenger in a land Common Carrier (such as a taxi, bus, airport limousine) or in a scheduled helicopter operated as a Common Carrier. • Up to $ 1,250 while the Eligible Person is in a terminal for the purpose of boarding or immediately after disembarking from a Common Carrier on a Covered Trip. ?• t• 111101111 M.N. • American Express Card or Account means a Basic or Additional American Express Carl, Business Travel Account, Airline Billing Account or a Treasurers Card, and the extended payment account, if any, offend in conjunction with any of these; all issued by American Expnss'Fravel Related Services Company, Inc. or its partici- pating subsidiaries ("American Express') and which is eligible for coverage under this flan. • Common Carrier means an air, land orwata vehicle licensed to cam passengers for hire (such ax planes, trains, ships, and buys). Common Carriers do not include rented or private vehicles, or hotel or other courtesy vehicles forwhich no fare is paid. • Covered Trip means a trip for which the Common Carrier ticket has 1wen charged to an eligible American Express Card account or anotherAccount. Each Common Cartier ticket constitutes a separate Covered I rip. Key Terms to Know • Benefits will not be paid if, on the date of occurrence of Lass or damage or on the date of claim filing, any amount of your American Express Card or another eligible Account used to charge the Common carrier ticket(s) for the Covered'rrip is (a) unpaid Far two billing periods or: (b) your American Express Card or another eligible Account is canceled." • For checked baggage, this is EXCESS coverage. The Plan only supple- ments a Common Carriers liability for checked baggage up to the baggages full value (defined as total original cost) or $500, whichever is lower. (For example, if your Loss of checked baggage on a Covered Trip is $2,000 and the Common Carrier reimburses you only $1,000, the Plan will reimburse you for up to $5W.) • Claims for checked baggage can be processed and paid only after the Common Carrier responsible for the Loss or damage has settled and paid for the claim against it. If the Common Carrier completely denies your claim, there will be no reimbursement for Loss or damage under this Plan unless the sole reason for denial is the specific exclusion of a particular item(s) (e.g., camera) under the Common Carrier's contract of carriage. • For carry-on baggage (baggage not checked with a Common Carrier), claims will be payable on the basis of the actual cash value (actual cash value is defined as the replacement cost at the time of I.as-e or damage, less depreciation)..AMEX Assurance Company may, at its option, elect to repair or replace the covered baggage with prop- erty of like kind and quality, subject to settlement based on actual cash value. t a ev not apply ki Nero York Wee residents. Coverage for high-risk items is limited to a combined maximum of $250 for each Eligible Person for each Covcred'rrip.'Iliese high-risk items include, but are not limited to. jcw I y, sponingequipment, photo- graphic or electronic equipment, computers and audiovisual equipment. More of What is Not Covered Business contents or effects; umbrellas: hats: coats; cash or its equiva- lent; credit cards; securities; tickets and documents: contact lenses; artificial teeth and limbs; plants and animals; household effects (items used or displayed in a household, not of a personal nature, such as silverware, art objects, bedding and linens); automobiles; motorcycles. boats or other conveyances. However, bicycles checked as baggage and coats packed in checked or cam-on baggage an covered according to the checked and carry-on baggage coverages described above. 'T'here is no coverage for Lass or damage: caused by war, civil war or radioactive contamination; contributed to or caused by voluntary consent; or contributed to or caused by confiscation or requisition by Customs or other governmental authority. You are considered to be an "Eligible Person" under this Plan if I. You arc: (a) an American Express Cardnremlierwho has an American Express Card or Account issue(] by American Express in your name; or (b) an employee (or other authorized person) of an entity which has a Business Travel Account, Aid Inc Billing Account or Treasurer's Card issued to it by American Express and are eligible to have your Common Carrier fare charged to that Account; or (c) the spouse or dependent child under age 23 of any Eligible Person described in (a) or (b) above; and 2. You area resident of the United States of America or one of its territo- ries or possessions and flat merican Express Card account or other Account used is billed in the United States. How to File a Claim 1. To ensure prompt processing of your claim, you need to report any lost or damage baggage immediately, as follows: • For checked baggage, you must file a written report of the Lens or damage with the Common Carrier before leaving the terminal. • For carry-on baggage, you must file a written reportof the boss or damage with a local law enforcement agency. • You must retain all written reports and receipts until the final claim determination has been made. 2. Cal] toll-fire 1-8W-645-9700 (overseas, call 1-303-273-6498) to report your claim to the claims department and obtain a Baggage Insurance Plan Claim Form. 3. Complete and sign the Baggage Insurance Plan Claim Forth and retitm it with the documentation as requested in the claim form. Please note the following: • Your claim will NO'T' be processed until all these required docu- ments are received. • You must return your completed claim fern and required documents promptly, but not later than six months from the date of occurrence of Loss or damage, or your claim will be denied. The American Express Card Baggage Insurance Plan is underwritten by AMEX Assurance Company ("Insurer"), Administrative Office, De Pere, Wisconsin. This document serves only as a ElLmription of Coverage and is not a Policy, or contract of insurance; the actual Terns, Conditions and Exclusions of Policy AX(l4W ("policy") govern the Baggage i v50_FDR899795 2/26/07 11:55 AM Page 6 Insurance Plan. The Policy has been issued to American Express Travel Related Services Company, Inc. by AMEX Assurance Company and is on file at the offices of American Express. This document replaces all existing prior Descriptions of Coverage for the American Express Card Baggage insurance Plan. f '? ??xl at } e Kennedj.Ciak,President Timothy Meehan, Secretary AMFXkssuranceCompany AMEX Assurance Company 6437-12-02 (CP) The Purchase Protection Plan Description How the Purchase Protection Plan Works \X,'hen an American Express' Candmember charges a covered purchase with his or her Card account', the Purchase PrOter-tion Plan protects that item for 90 clays from the date of purchase if it is stolen or accidentally damaged, including vandalism.'11tc coverage is limited to $1,(100 per Occurrence, up to $50,000 per Candmember account per policy year, and is in EXCESS of other sources of indemnity. • Items of personal property purchased worldwide with the Card are covered, including gifts purchased for others. • As a Cardmember, your purchase is covered for 90 days from the date of purchase when you charge any portion of the price of the purchased itcin with your Card account' You will only be reimbursed for the amount charged to your Card. • The Purchase Protection Plan provides coverage for up to $1,000 per Occurrence of theft or accidental damage, including vandalism, (`Occurrence"), not to exceed $50,000 per Cardmember Account per policy year. • The program administrator will decide whether to have the item repaired or replaced, or to reimburse you (cash or credit') up to the amountchagcd to the Card, and not to exavd the original purchase price., The Purchase Protection Plan does not reimburse for shipping and handling expenses or installation, assembly, or other service charges. Who is Covered YOU are covered under this Plan and coverage remains effective as long as, you area U.S. resident Cardmember, that is, the American Express Cad has been issued to you in your name, and you maintain your permanent residence within the 50 United States of America, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands' Your permanent residence is considered your primary dwelling. Key Terms to Know • Benefits will not be paid if, on the date of occurrence, on the dale of claim filing, or on the date of would-be claim payment ary amount due on your Cad account is unpaid for one or more billing cycle(s) or your Card account is canceled." • You must provide pnxof of purchase and satisfactory proof of the theft, accidental damage, including vandalism, while coverage is in effect to qualify for payment under the Purchase Protection Plan. Remember to keep all your.American Express charge receipts, original store receipts, and damaged items. • Coverage under the Purchase Protection Plan is EXCESS; this meal that if, at the time of Occurrence. you have other valid and collectible insurance or indemnity -such as but not limited to homeowner's or renter's insurance- the Purchase Protection Plan will cover that amount not covered by such other insurance or indemnity, up to the limits of the Purchase Protection Plan. • Product rebates. discounts or money weeivelfrom lowest price com- parison programs will b deducted from the original cost of the item. Purchases Not Covered • travelers checks, tickets of any kind, negotiable instruments (such as gift certificates, gift cards and gift checks), cash or its equivalent; • anijualsor living plants; • consumableorperishableitemswith limited lifespans(such as,but no limited to perfume, light bulbs, batteries); • at the time of purchase, used, rebuilt, refurbished, or rem anufacturel items; • if the damage(] orstolen item consists of articles in a pair or set, coverage will be limited to no more than the value of any particular part or pants, unless the articles am unusable individually and cannot be replace{ individually, mgardle%of any special value the article(s) mac have had as part of a set or collection; -f- • permanent household and/orbusinem fixtures, including but not limited to carpeting, flooring and/or tile; • business fixtuns, including, but not limited to air conditioners, refrigerators, heaters; • custom hospital, medical and dental equipment and devices; • rare stamps or coins; • antique, previously owned items; • items purchased for resale; • items still under installment billing (except those purchased from American Express Merchandise Services); • motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; • items rented, leased or borrowed for which you will be held responsible • Occurrences Not Covered items lost or misplaced; • items stolen from motor vehicles; • items not reasonably safeguarded by you (for example, unlocked or unattended items stolen from public facilities will not be covered); • items stolen from baggage not carried by hand under your personal supervision or under the supervision of a traveling companion known byyotr • items that youdamage through alteration (includingcutting, sawing, and shaping): • items damaged due to normal wear and tear, inherent product defect or normal course of play, (such as, but not limited to, golf and tennis halls); Occurrences caused by any of the following: • Fraud; • abuse; • natural disaster including but not limited to flood, earthquake, tornado or hurricane; • war or hostilities of any kind (e.g., invasion, rebellion, insurrection); • confiscation by order of any government, public authority, or customs official; • risks of contraband; • il legal activity or acts: • radioactive contamination; • items lost, damaged, or stolen under the care and control of a third party or common carrier, • manufacturer's defects; • items at an unoccupied construction site. how to File a Claim Remember, to insure prompt processing of yourclaim, you need to report any theft or damage immediately following the date of the occurrence, including for gifts purchased with the Card. Remember also, you need to retain your receipts and your damaged item (if required) until the claim process is complete. 1. Call toll-free 1-600-322-1277 to mlxor your claim (overseas, call collect at 1-303-273-6498). Note: )bit must report irrur claim wilbin 30 &O'strorn the dale of 2. You may be sent a Purchase Protection Claim Form which you mast complete, front and back, sign, and return to the claims office with the following required documents' (keep copies for yourown recomts): • tile American Express charge reteipt; • the original itemized store receipt; • the insurance declaration forms for your other sources of insur- ance or indemnity (e.g., homeowner's or renter's insurance); • a photograph of and/or repair estimate for the damaged item (damage claims only); and • for theft and vandalism claims, a mport regarding the stolen or vandalizal items must be filed with the appropriate authority belore you call to file a claim with the Purchase Protection Plan. Note: Iou mrbl relurnyour completed claim form and roluired darrmenls within 60 da}nlrorn the dide of (kairrewce to remain elrhdblefor• coverage. 3. The program administrator will deride whether to have the item impaired or replaced, or to reimburse you (cash or credit') up to the amount charged to die Card, and not to exceed the original purchase price. The Purchase Protection Plan does not reimburse forshipping and handling expenses, or installation, assembly, or other service charges.' Note: No pcUinent will be made for imwlk1 clain s or on any claims not subslanlWtd in the. mariner raluired by the Insurer. 4. Fordamage claims, you may be required to send in the damaged tom(s), at your expense, for further evaluation of your claim. Note: if reyuesW,, you mast card in the damaged deco wi/bin 30 dm's from the date oJ'rerjual to remade eligiblefOr crn erage. Important Additional Information for You The benefits provided under the Purchase Protection Plan apply only to you. Only )our have any legal orequliable right, remedy, or claim to insurance proceeds and/or damages under or arising from the Purchase Protection Plan. All reasonable and practical steps must be taken to avoid or lessen any chance of property covered by the Purchase Protection Plan beingstolen or damaged. \Xhen a benefit has been paid under the Purchase Protection Plan, the Insurer becomes subrogated, to the extent of such payment, to all your rights and remedies against any r s possible party. Upon our request, you must provide us reasonable assistance, including signing documents if necessary, to bring suit in your name. The Purchase Protection Plan is underwritten by.4MFX Assurance Company ("Insurer" 1, Administrative Office, Green Bay, Wisconsin. This document serves only as a description of coverage and is not a policy or contract of insurance; the actual terns, conditions and exclusions of Policy AX0951 ("Policy") govern the Purchase Protection Plan. The Policy has been issued to American Express Travel Related Services Company, Inc. ("American Express"), the Policyholder This document replaces all existing prior Descriptions of Coverage for the Purchase Protection Plan. rte,. __ •.?, ?,. Kenneth!. Ciak, President Timothy Meehan, Secretary, AMEX Assurance Company AMEX Assurance Company 6726-1 I-oi 1. For those eligible andenrolled in lbeAlembersbip Rewards' lrrogram, the cos/ ofa covered product may alvo bepurchmed 11i n igb redemph'mz ofa Mcrnbersbrp Rewards cerhficale. 2. For [lose eligible and enrolled in lbeAlemberabrp Rewwrdv program, benefits are also paid when tbepurrAmed item is receitrd lbrougir The redemption of,4lembership Rewards ridemp- lion cerlificale. 3. Credz'l redmbier emend doss not apply hr Aew York,llate revkietts. 9. For, those eligible and enrolled in tor; membersbtp Rewards program, lxztmzent or creekl will not eaceed the original assignul value of lbe personal properly rexenwJ lbrough redempirm qfa Membership Rewards redemption cerlifrr zle up to lbe oikdlimits, ercludbigshippingandba RIngeq-Ts. -5. Inilortant nolofor thaw enrolled in the.Member* Retoardvpro- gr nt:.A:NembershipRewardsredemptionc'erliflcalecanonlybe redetzmed by eligible Cardnremlim- Benefits will not be pair when a Afembeasbrp Reward, redonj&in cerhficale Aav been transferred to nrnz-eligible 0irdmemben andlor• non- Cardmernbers. 6 Does rzol apply io Aew York Strde residents. 7. When eligible and enrolled in lbeMemberd),p Reuirrrdsp %,raru, lmoof r fasvt?,ned rinse placm(on ,sucb pny)ert), when using a Alembersbtp Reuarly redemption certificate, must besubmilled in addition to The other required documents, if requested. The P,ttyer's Assurance Plan Description of Coverage How eke Buyer's Assurance Plan Works \l hen a Cardmember charges the cntre cost of a coveted product with his or her Cad account' the Bu yLr's Assurance Plan will extend the terns of the original manufacturers warranty for a period of time equal to the duration of the original manufacturer's warranty, up to one additional year, on warranties of five years or less that are eligible in the U.S. How You Benefit • •I'he Buyer's Assurance Plan mirrors manufacturers' warranties for covered products purchased endrely with your Card account, up to one additional year. • %Nbenyour covered produc'smail ufactunerswarrant yexpires, die Buyer's Assurance flan takes effect. The Buyer's Assurance Plan cannot pay mom than the actual amount charged to your Card for the item or $10,000; whichever is less (not to exceed $50,001 per Candmember account per pof icy year for al I Occurrences combined). • Coverage is provided for any product malfunction, defect or damage covered by the terns of the product's original warranty, ("Occurrence") - at no extra cost. • Fur items charg(xi end rely with the Card, the program administrator will decide whether to have the item repaired or replaced, or to reimburse you (cash or credit-), not to exceed the original purchase pricc. The Buyers Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges.' v50_FDR899795 2/26/07 11:55 AM Page 7 • where the personal properr? consists of articles in a pair or set, this Policy shall be liable for one item in the pair or set which fomn the basis of claim hereunder. • No product registration or enrollment is required for any covered products, including gifts purchased for others. Who is Covered You are covered under this Plan and coverage remains effect ve as long as you are a IT. S. Resident Cardmember, that is, the American Express Card has been issued to you in your name, and you maintain your permanent msidence with in the 50 United State of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands.' Your permanent residence is considered your pri mary dwelling platy. Key Terms to Know • Bemis will not be paid if, on the date of Occurrence, on the date of claim filing, or on the date of would-be claim payment, any amount due on your Card account is unpaid for one or more billing cycle(s) or your (card account is canceled.' • You must provide proof of purchase and satisfactory proof of the covered Occurrence while coverage is in effect to qualify for benefits under the Buyer's Assurance Plan. Remember to keep all your American Express charge receipts, original store receipts, original manufacturers warranties, and products requiring repair. • if you purchase an additional service contractorextendedwarranty with a pnxluct which is otherwise eligible under the Buyer's Assurance Plan, and the combined coverage provided byboth the original manu- facturers warranty and the purchased service contract does not exceed five years, then the product is eligible for coverage under the Buyer's Assuranm Plan.'1'Ine Buyers Assurance Plan will extend the warruniv time period and mirror coverage of the odginal manufacturers warranty up to one additional vear after troth the original manufac- turers warranty and the purchased service contract have expired, if, however, you purchase an American Express" Service Plan with a purchase from American Express Merchandise Services, the Buyer's Assurance Plan will apply before the Service Plan is in effect. If the combined coverage of the original manufacturers warranty and the purchased service contract exceeds five ),ears then the product purchased is not eligible under the Buyer s.Assurance Plan and no coverage applies. • If you buy an additional service contract or an extended warranty for a computer, computer component or part that already comes with an original U.S. Manufacturer's warranty, unless such coverage is provided from and administered by the odginal manufacturer. coverage under the Buyer's Assurance Plan does not apply. Products Not Covered • products not having manufacturers' warranties valid in the U.S.; • at the time ofpurchase, used, rebuilt, refudnished or rmanufacturd items; • products covered by an unconditional satisfaction guarantee; • motorized vehicles (such as cars, trucks, motorcycles, boats, airplanes) and their parts, subject to high risk, combustible wear and tear, or mileage stipulations (including batteries, cadmmtors, pipes, hoses, pistons, brakes, tires, or mufflers); • motorized devices and their parts used for agriculture, landscaping. demolition or construction; • motorized devices and their parts which are permanent additions or fixtures to a residential or commercial building; • bosinessfixturns, including but not limited toairconditoners, nAngerators, heaters; • land or builcWngs; • wnsumableorlnerishableitenis; • animals or living plants; • one-of-a-kind products which cannot be, replaced; • items purchased for resale; • items still under installment billing (except those purchased from American Express Merchandise Services); and • products with manufacturers' warranties, orcombined manufac- turer's warranties and service plan agreements, lasting in excess of five vears. • any physical damage, including damage as a direct rLsult of natural disaster or a power surge, except W the extent the manufacturer's warranty covers damage; Occurrences caused by any of die following • fraud; • abuse; • war or hostilities of any kind (e.g., invasion, rebellion, insurrection); • confiscation by order of any government, public authority, or customs official; • risks ofcontrabandl • illegal activity or acts, • radioacidwcontamination; • mechanical failure covered under product recall; • all Occurrences that take place outside the Buyer's Assurance Plan coverage effective period. Now to File a Claim Remember, you need to reportany Occurrence immediately, including that for gifts purchased with the Card. Remember also, you need to retain your receipts, the original manufacturers warranty and the product requiring repair until the claim process is complete. You may also be asked to obtain a repair estimate. 1. Call toll-free 1-800-225-3750 to notify us of your claim (overseas, call collect at 1-303-273-6498). Note: fbu must refxarl your claim within 30 days from the date of (kcurrence. 2. The program administrator will decide whether to have the item npaired or replaced, or to reimburse you (cash orcndiO up to the amount charged to the Card, and not to exceed the original purchase price. Buyer's Assurance Plan does not reimburse for shipping and handlingexpensesor installation, assembly, orolherservice charges.' Note: No payment will be made Orr invalid claims or claims not subsianl0led in The manner raliirm.1 b), lbe, Insrenx 3. You must return all requested documentation within 60 days from the date of Occurrence to remain eligible for coverage 4. For some claims, you may be required to send in the damaged product, at your expense, for further evaluation of your claim. Note: frraitiole ..you must send in thedomagedpreiduduntbin 30 days from The dale of rolual to remain el(giblefor a verage. Additional Information for You 11 al benefits provided under the Buyers Assurance Plan apply only W you and Additional Cardmembers on your.Account. only you and those persons have any legal or equitable right, remedy orclaim to insurance proceeds and/or damages tinder or arising from the Buyers Assurance Plan. Subject to dye temps and conditions of the Plan, if the Cardmember is notified that any warranty has ended for any mason (such as bankruptcy of the manufacturer or other responsible party), the Buyers Assurance Plan will continue to provide coverage, not to exceed one year from the date the Cardmember is notified of such an event. The Cardmember may be asked to provide proof in the form of a Public announcement or other official documentation. The Btryer s Assurance Plan is underwritten by AMEX Assuranm Company ("Insurer'), Administrative Office Green Bay, Wisconsin ' this document serves only as a description of average and is not a policy or contract of insumnoe; the actual terns, additions and exclusions of Policy AX0953 ("Policy") govern the Buyer's Assurance Plan. 'I'he Policy, has been issued to American Express'I'ravel Related Services Company, Inc. ("American Express'), the Policyholder This document replaces all existing prior Descriptions of Coverage for the Buyer's Assurance Plan. i r Kenneth). Ciak, President 'timothy Meehan, Secretary AMEX Assurance Company AMa Assurance Company 6717-11-01 1. For lbao ekgible and enrolled in The mernbntsbgo Rewards" program, Oae entire cave of a covered pnxlucd may aLro be purchaserllbrougb redemption ofa Alembersbtp Reuvrrds redemption cerli iurte. 2. Crwlr't reimbursement drxs not apply to hem fork Slak ren'irkl?6, 3. For tbove eligible and enrolled in !be Afembwsbip Reurrrds' program, pe vment or credit arll not e=ayl elm original assigned value pf lbe persnral prof wry raciverl ibroagb redemption ofa blembersbip ReroarrLs redemption cwhfrutle rip to the skned hind's. eardruling sbigntigand handing, ealrense. 9. Ent/rorkint nok fro ilxase enm/led in The;Nernbc7sb(n Reteardv` program. A Membership Rewards redemption cwtificale can only be redeemed by eligible Canlmembers. Benejits will not be paid wben a Membersbip Reuwras rtidemph)m cer i/r`ade lure been transfwred to non eligible r anlmembm, andlor non- Cardmembers. 5. Does nol apply to Nero )brk,5'late residents. $100,000 - $2;50,000 - - 500,000 - s.1,500,0o0''fravel Aerident I`nsurarnce (Ind,-rittrn by A i'l EX ,lssurunre C pane Administrativ,! Office. I)e I'r rn, W isco-in (Herein called "the Company'-) DESCRIPTION OF COVERAGE Covered laer?cms A person shall be a Covered Person under the Blanket Master Group Policy AX0948 ("the Policy") only if: 1. he or she is a. For $100.(X)1 cot mge, a Basic or Additional Candmemberwlo has any of the following Canis, or the extended payment account offend in conjunction with any of following, issued by American Express Travel Related Services Company; Inc. or its participating subsidiaries (".American Express") in his or her name American Express` Business Carl, American Express'" Cash Rebate Card, American Express' Community Business, The American Express Costco Card OD C), American Express, Costm Business Card, American Express Cmtw Cash Rebate Card, American Express' Credit Card, American E'xpress' Investment Management Account Gold Card, American Express' Preferred Rewards Green Card, American Express' Preferred Rewards Gold Card, American Express' Rewards Gold Card, American Express' Rewards Green Card, Bank of Hawaii credit Card from American Express, Bank of Hawaii Gold Credit Cad from American Express, Hest Rate Carl, Blue for Business from American Express", Blue for Students"', Blue from.American Express, Binghamton Savings Bank Gold credit card from American Fxptess, Binghamton Savings Bank Business Credit Card from American Express, Business Capital Fine from OPEN from American Express"'. Business Gold Card from OPEN from American Expnys41. Business M•anagemeritAtcount from OPEN from.Ameriean Expels", Business hlembersby) Rearaid Carl, Business Purchase Account from OPEN from American Express"', Buyers Bonus Card, Continental OnePass Credit Card from American Express, Business Card from OPEN from American Express" including beginning with account number 37134, Business Cash Rebate Creclit Card from OPEN from American Express', Business Costco Card from OPEN from.Ame dean Express'. Delta Sky' Miles' Business Credit Card from OPEN from American Express'", Dub SkyMBes' Crdit Card, Delta skyMiles' Options Credit Carol, Executive Business Card from OPEN from American Express"', Gold American Fxprass Portfolio Credit Card. Gold Card, Gold Delta SkyMiles' Credit Carl, cold Delta Sla Miles' Business Credit Cant from OPEN from Andean Express"', Gold Senior Card. Gold Student Card, membership Reuan/s" Credit Card from American Expess, 41embenhtp Ratio"- Option?' Credit Carl from American Fxpn%, National ;Multiple Sclerosis Credit Card, optima" Card Accounts, Optima' Cash Rewards Card, Optima" Gold Cad, Optim' Platinum Card, Optima' Platinum Cash Rebate Card, Optima' Platinum Preferred Cad, Personal Cant, Personal Choice Cart, Personal Senior Card, Personal Student Card Platinum Cash Rebate Card, Platinum Delta SkyMiles" Card, Platinum ShopPme Credit Card from American Express, Starwood Preferred Guest Cart) from .American Exprts, llre American Expres* Golf Card, The Fidelity American Express` Card,'Ihe Fidelity American Express' Gold Card, 71me Hilton IlHonom Platinum Credit Card from American Express, The New York Knicks Card from American Express, The New York Rangers Card from American Express, 71he Small Business Card from American Express; or b. Pbr$250,000aperrrge,aBasicorAlditionidCardmemberwhohua Rewards Plus Gold Carl, Corporate Rewards Plus Gold Cant orthe extended payment as ountofferd in amjunctian issued by American Eapressliawl Related Services Comparr/, Inc. oritsparticipating subsidiaries ("American Express") in his orher name; or c For$500,,000awnige,aBasicorAdditionalCardirmbawhohasa Platinum Card', Fidelity American Express Platinum Card', Amedcm Express' InveunentManagement Account Platinum Cad American ExprsBusiness Platinum Card'' from OPEN from American Express"', luaus Platinum Cant", Amedcun Express Platinum Financial Services Card, LACIIDC Platinum Card or the taunekdpayment account offend inconjunctico issued byAmerican Express Travel Related Services Corollary, Inc. oriisparicipadngsubsidiaries ("American Express') in It is or her name on a Platinum CardAccount; or d. For$1,5(X,000aur%r,aBasic orAtklitional Cardmemberwho has aCentudon Card.American Fxpres"Businss Centurion Carty from OPEN from American F.xpFee: or theextene payment account offered ill corturicton issued by, American Express Trawl Related SeaviosComparry, Inc. or its participatingsubskiiaries("American Express') in hisor hgnanieon aQvrturion Card.?count or e. thespouse,DomcsticPartnerordcpetxkntchildurxierage23ofany eligible person dcvcdbed in (a). (b), (c), (d) above; and ?v50_FOR899795 2/26/07 11:55 AM Page B 2. hisorherPennanenlResidence is in theSOUnited States, Districtof Columbia, Puerto Rim, or U.S. Yrgfn Islands. "Accident" whenever used in this Policy means an unexpected event which causes Injury and shall also include exposure resulting from a mishap on a Common Carrier Conveyance in which the Covered Person is traveling. "Additional. Cardmembcr" means any individual who has received an American Express Card at die request of a Basic Cardmember for use in connection with the Basic Cardrnembers American Express Card account. "American Express Card" shall mean, unless otherwise specified, any of the Cards or Accounts listed above under Covered Persons. "Basic Cardmember" means any individual who has asked American Express to issue one or more American Express Cards and who has an American Express Card account. "Common Currier Conveyance" means an air, land orwater vehicle (other than a rental) licensed to carry passengers for hire and available to the public. A trip is a "Covered 7Yip" if; I . it is a trip taken by the Covered Person between the point of departure and the final destination as shown on the Covered Person's ticket or verification issued by the Common Carrier Conveyance; and 2 die Covered Person's entire fare for such trip on that Common Carrier Conveyance has been actually charged to a specific American Express Card amount prior to any Injury. "Domestic Partner" means a Person of die same or opposite gender who meets the following requirements: 1. has shared a residence with the Basic or Additional Cardmember for the last 12 months and plans to continue doing so; 2, is not married to any other person and is not committed to another Domestic Partner. 3. is at least 18 years old; 4. is not related to the Basic or Additional Cardmember by blood closer than would bar marriage per state law; and 5. is financially interdependent with the Basic or Additional Cardmember and documentation of mutual financial support such as copies of joint home ownership or lease, common bank accounts, credit cards or investments can be supplied. "Injury" means bxfily injury which: 1. is caused by an Accident which occurs while the Covered Person's insurance is in force under the Policy; and 2. rewbis in loss insured by the Polies; and i Crates it Loss due, directly and independently of all other causes, to suds accidental bodily injury "Permanent Residence" means the Covered Person's one primary, dwelling place, where the Covered Person permanently resides. Asa benq*g1'Gmime?nbe? yip,*CoreredFersonwillracksbenefit &Wof$160,,VV-$350ono-$500- 09)-$1,500,OOOd?/w&ngon thou/v ofAmcriran Eyrrew amdacvonnt asYOl k, dwrge &amamrm Can7crC,emu}aneefarefordx,Cotoid4 . P1&zwrifer1o1heCoi,ered Persatc&dion (illhisDmtfplk)ri ofGn ereige. Ifyarr aresAll unsxneu,&W bccizoletdq(mz,emgetWieslo}onr.4me canFgrrem•Cnrtl.ple" ctnrl(icltheCrectarncrSendceL'e» lertdl-frcrnum&,r&kdon1hehac-iof 7tun•Carrl c?Gsoslxrun rm your Lard vkelenrenl. Table oLLosses LossofLife 31De.000 $250010 Dismemberment Ic¢ofbothhandsorbothfeet 51W,000 $250,1100 laesofonehand andonefoxit $1O0,(IX) $250AX) Ictssofentiresightdliotheyes $100,(00 $250,000 Icesofendn sightdonmV and out, handoroefoot $IW,000 $250,000 Lzofonehand oironefool $'50.0()0 $125,000 Imnsofentiresightofoneeye 95RO00 $125 XX) 7bbleo asses Loss ot'Life $500,000 $1,500,000 Dismemberment I.oss ofboth It ands orboth teet $500.(W $1$00,000 Lrnsofonehand andonefait $500,(0) 9:500,U) Idnsofentire sight oflatheyes $500.(XX) $1,5(X),00 Toss of entire sight of one ey: and oric hand oronefart $500'(W SLWOOO Iaesofonehand orone. foot $250,(XX) $75O'000 Iaesofentire sight ofone eye $250,(111(1 $750,0(x) "Loss" as used above with reference to hand or foot means complete and permanent severance through or alcove the wrist or an kle joint, and as used with reference to eye means the irrecoverable loss of the entire sight of such eve. In no event will multiple.Mterican Express Cants obligate the Company to pay for more than one Loss sustained by any one individual Covered Person as a result of any one Accident.17te Company's obligation under the Policy will be determined according to the highest amount payable under the specific American Express Card actually used to charge the Common Carrier Conveyance fare for the Covered Trip as stated in the Benefit Amounts. In no event will a Log from an injury while coverage is in force under the Policy AX0948 obligate the Company to pay benefits under Policy AX094% the Company's Business Travel Accident insurance policy, in addition to any benefits payable by the Company under the Policy AX0948. The American Express Carps listed under this Policy do not receive coverage under Policy AXOy49. The Company will pay the applicable benefit amount as determined from the Table of Iaitisses if a Covered Person suffers a Loss from an Injurywhile coverage is in force under the Policy; but only if such lug occurswithin I W davs after the date of the Accident which caused the Injury. Benefits will be paid for the greatest Loss. In no event vvll the Company pay, for more than one tag suistu tied by the Covered Person is the result of any one Accident. Qommon Carrkr Bendel: This Benefit is payable if the Covered Peron sustains Injury as a result of an Accident which occurs while ridingsolely as a passenger in, or boarding, or alighting from or being struck by a Common Carrier Conveyance used on a Covereoll If the Covered Person is unavoidably exposed to the elements because of an Accident on a Covered Trip which results in the disappearance, sinking or wrecking of the Common Carrier Conveyance. and if as a nsult of such exposure, the Covered Person suffersa Loss for which benefits am other- wise payable under the Policy, such loss will be covered under the Policy. If the Covered Person disappears because of an Accident on a Covered' Yip which results in die disappearance, sinking or wrecking of the Common Carrier Conveyance, and if the Cmerd Person's body has not been found within 52 weeks after the date of such Accident, it will be presumed, subject to there being no evidence to the contrary that the Covered Person suffered I,= of life as a result of Injury covered by the Policy. Coverage Requirements A Covered Person will be fully insured fur leriefits under the Policy while taking a trip on a Common Carrier Conveyance only when the fare has been charged to the specific American Express Carl. Eligibility for coverage will remain in effect as long as the definition of a Covered Person is met. The premium forthiseoverage ispayable, byAmerican Expre;,s '(his Policy does not cover any Liss caused or contributed to by (1) intentionally self-Inflicted injury, suicide or any attempt thereat, while sane; (2) war or any act of war whether declared or undeclared; however, any act committed by an agent of any government, party or faction engaged in war, hosulitics, or other warlike operations provided such agent is acting secretly and not in connection with any operation of anmool foss (whether military, naval or air forces) in the country where to Injury occurs shall not be deemed an act of war, (3) Injury to which a contribu- tory cause was the commission of or attempt to commit an illegal act by or on behalf of the Covered Person or his/her bend ficiarics; (4) Injury received while seeing as an operator or crew member of any conveyance; (5) Injury received while driving, riding as a passenger in, boarding or alighting from a renal vehicle; or (6) sickness, physical or mental infir- mity pregnancy; or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of a covered Injury. ABasic Cardmemler maydesigmate a beneficiaryorchange a previously designatedteneficiatyforhimself/herself andhis/terspou. /Domestic Partner and dependent diibdret who am not also Basic or Additional Candmemlers. An Additional Canimcmber may designate a bovadiciary for himself/herself and his/lerspouscA ktmestie Partner and dependent children who am not also Basic orAddilional Cardmembers or spouses1Aimcstic Partners or dependent children of Basic Gardmembers. No Imsons other than those stated above may designate or change a previously designated beneficiary. For such designation or change to become effective, a written request. on a form satisfactory to the Company, mast be, filed with AmericanExpress Stich eesigmrationorchangeshall takeedectasofthedate itw•as signed by thedecignatorprov led that it has been received by American Express, but any payment of proceeds made by the Companyprior to receipt of such designation of change shall fullydisrharge the (bmpanyto the extent of sttrhpaymeht. Notice of claim most be given to AMEX Assurance Company, Claims Administrative Office, PO Box 19018, Green Bay, W4 54307-9018 within 20 days after the occurrence or commencement of any Log covered by the Policy, or as sown thereafter as is reasonably possible. Notice given by or on behalf of the claimant to the Company at its Administrative Office, or to any authorized agent of the Company, with information sufficient to identify the Covered Person shall be deemed notice to the Company. Berrtfitsforlog of life of a Covered Person will be paid to the designated beneficiary. Benefits for a] I other Wssessustained by a Covered Person will be paid to the Covered Person, if living, otherwise to the designated beneficiary. If more than one beneficiary is designated and die benefi- ciades respective interests am not specified, the designated beneficiaries shall share equally. If no beneficiary has been designated, or if the designated beneficiary does not survive the Covered Person, the benefits will be paid to die first survivingelacs of the following: l) spouse or Domestic Partner,',') children, equally per stirpts; and 3) the estate. In determining such person or persons, the Company may rely upon an affidavit by a member of any of the classes of preference beneficiaries described above. Payment based upon any such affidavit shall fully discharge the Company from all obligations tinder the Policy unless, before such payment is made, the Company has received at its Administrative Office written notice of a valid claim by some other person(s). Any amount payable to a minor may be paid to the minor's legal guardian. No action at law or in equityshall be brought to recover underthe Policy afterthe expirations of three years, five year, for Centurion Card, Corporate Centurion Card'"' from OPEN from American Express", after the time written proof of lass is required to be famished. The benefits described herein are subject to all of the terms and conditions of the Policy. This Description of Coverage replaces any prior Description of Coverage which may have been furnished in connection with the Policy. Kenneth J.Ciak 'FimothyS. Meehan President Secretary 6713-11-of-cost Notice to Florida Residents Only: The benefits of the Policy providing your coverage are governed primarily by the laws of astate other than 11orida. 1. lf, r fler receding tbrm Deco V*wt oftorvrage, you aresidt unsure wbal benei /ctrl ofcotarage rrpp of l01rourAmer wan /aprcw Ca rd,plwwco nlaclThe0tsk,menstie 'ceL'entertollfrw,number liskd on The buck g(yorrr 07 rd. math shown on your Cardslalenienl.. Car Rental Los- and Damage. Insurariee Plan Description Car Rental Loss and Damage Insurance provides the Business Cardmember, ("Cardmember") if the Cardmember is the primary renter, (as defined below) with insurance coverage for damage to or theft of most Rental Autos when the Cardmember uses die Card (as described below) to charge and pay for an auto rental from any Commercial Car Rental Company ("Rental Company") within the geographic scope of the United States. its territories and possessions.' This coverage is excess insurance. 'Rental Auto" means a fourwheclei, two-axle passenger-type motor vehicle, designed for and sold to accommodate private passenger trans- port on public roads. You are eligible for coverage if: 1. You area Basic or Additional Candmemberandan American Express' Card or Optima` Card in association with that Carol (the "Card") has lxtn issued to you in your name; v50_FDR899795 2/26/07 11:55 AM Page 9 2. You are ofanaccountstatus andclass that isprovided CarRental lans and Damage Insuranceas it benefit of Cardmembership ('Cardmember"); 3. YourCardaccountisbilledfmmaU.S_operatingcenterinU.S. dollars; and 1. You mainsainyour Permanent Residence within the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. ''Permanent Residence" means the Covered Persons one primary dwelling place where the Covered Person permanently resides and intends to return. "Commercial Car Rental Company" or "Car Rental Company" means any commercial car rental agency which rents Rental Autos.' For the pinposes of this Description of Coverage, Commercial Car Rental company means "Rental Company" Coverage for theft of or damage to a Rental Auto is activated when the Cardmember:' 1. presents hisorhereligibleCard to the Rental Company to resetvedie Rental Auto, by making a reservation; or by placing a hold ordeposit at the time the Rental Auto is checked out; 2. declines the full Collision Damage Waiver or similar option (CDW), or pays for a partial collision damage waiver, offered by the Rental Gallpany; 3. is the primarv renter, which is defined as the Card member, who is named on the written agrcementwith the Rental Company as the person renting and taking control and possession of the Rental Auto ("Primary Renter"); and 4. uses the Can] to pay for the entire auto rental from the Rental Company at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cardmember, who is physically challenged and unable to operate the Rental Auto, may be the Primary Renter if he/she is the Cardmember entering into the rental transaction. When Coverage Terminates Coverage for theft of or damage to the Rental Auto terminates when: I. the Rental Company nstunes control ofthe Rental Auto, m30 consecutive days after the Rental Auto was checked out, whichever is earlier; or 2. the Policy is cancelled. Car Rental Loss and Damage Insurance covers eligible Rental Autos when rented under awritten rental agreement from a Rental Company for no more detail 30 consecutive days. Note: In no erwnl sball coverage beprovkW ieben lbe. ondmemben- rents a Rental Aulo beyond 30 consecutive rlayn firm Me same Renkil Comps+ny, iegaalkss oftbeUnr the or:,in al agreement ds rx0nW or a new written aygroiemenl is entered ink), or a new r elide is rented. Additionally, no coverage will be provided when the Primary Renter rents a Rental Auto for more than 30 consecutive days out of a 45-day period within the same geographic market/location (75 mile radius). ? what is Covered Car Rental Loss and Damage Insurance reimburses a Cardmember for payments for damage to or theft of a Rental Auto that the Cardmember is required to make, up to the lesser of: (1) the actual cost to mpair the Rental Auto, (2) the wholesale Book value minus salvage and deprecia- tion costs, or (3) the purchase invoice price of the Rental Auto minus salvage and depreciation casts. The coverage also reimburses the Candnmcmber for reasonable charges (those charges incurred at the closest facility that are usual and customary. in the vicinity in which the lessor disablement took place) imposed by the Rental Company, such as towing or storage and Loss of else. "Loss of Use" means the unavailability of a Rental Auto and consequent loss of revenue by the Rental Company due to damage or theft. Unless otherwise required by law, the Rental Company mutt submit a fleet utilization log indicating that during such time: L no other Rental Auto was available; And there was a demand for a Rental Auto. (]at Rental Loss and Darn age Insurance covers no other type of less. For example, in the event of a collision involving the Cardmember's Ren tat Auto, damage to any other driver's car or the injury of anyone or anything is not covered. Note: 7MIx4ey doe, nol proride liability or any ocher ooverage.cnch as Liniusured dlolrn•isls; benefits under any Worker's C'onepensalion Gna. Chuabili, benefits lain or other niamkded Government Plans. What Excess Coverage Means Car Rental Loss and Damage Insurance is an excess insurance plan and is only available for Rental Autos rented in the U.S., its territories and passessions.'Fhis means that this excess coverage will reimburse the Cardmember only for loss(?Vexpenses not covered by plans, such as, a partial collision damage waiver, any personal auto insurance, employer's auto insurance or reimbursement plan or other sources of insurance. When these other plans apply, a Cardmeat must first seek payment or reimbursement and receive a determination baud on the stated terms of such other plans, that any such Plans do not provide coverage before this excess coverage will reimburse the C.ardmember. Car Rental Lass and Damage insurance dos not cover rentals of: I. expensive cars, which means cars with an original manufactuner's suggested retail price of $50,00(1 or more when new, 2. exotic cars regardless of year orval tie, me] uding but not lion itedto Chevrolet Corvette. Toyota Supra. Mazda RX-7. Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 GT, Nissan 300 ZX, Jaguar XIS, Acura NSX, Mercedes SL, SLK, S Coupe and E320 Coupe and Convertible, BMW M3, 43 and 8 Series, Call Ilac Allante. All Porsche, Ferrari, Lamdnrghini, hlasermi, Aston Martin, Lotus, Bugati i, Vector, Shelby Cobra, Bentley, Roles Royce, 3. trucks, pick-ups, cargo vans, custom vans: 4. full-sized vans. inclmdingbutnotIimitedtoFortdRconolIneorClub Wagon, Chevy Van or Sportvan, GMC Vandum and Rally, Dodge Ram Vans and Ram Wagon; 5. vehicles which havi., been customized or modified from the man ufacturer's factory specifications except for driver's assistance equipment for the physically challenged; 6. vehiclesused forhireorcommercial purposes; ). mini-vans used for commercial hire; Note: Piu&=hlin6Wits/nolCerrteeh/hai-Itims)wlbfiudnyyrtr tw ttru nkcryxu tvnf8(xawc agcrvu Tau; inclurAngbrdnollina kdA) I)cd,eCarravan. Plpmma b Irpvr tits Amd lifiuWarandAiwrnQu o9 amoot a•adudxva renkrlforlxasrnud or bii-,!nm «seoady: 8. antique cars, which means cars that are 20 years old or have not been manufacmnd fur 10 or more years; 9. limousines; 10, full-siudsport utility vehicles includingbut not limited to ChevroleVGMC Suburban, Tahoe andYukon, Ford Expedition, Lincoln Navigator, Toyota Land Cruiser, testis 1.X450, Range Rover or full-sized Fond Bronco; 11. sport/utilitYvelucleswilen driven "off-road"; Note: Compact 4ror0ifildt, vehiclra; including bad not lim&d to Ford FV.4torer; Jego Grand Cherokee Nasan Palhfrnekr, 7b) Y) a Four Runner, C.'benrold Blazer and lnasu Ryder and Ramdm ore cooered wben dn'r en on payed roads; and 12. off-road vehicles, motorcycles, mopeds, recreational vehicles, golfer motorized carts, campers, trailers and any other vehicle which is not a RentalAuto. Car Rental Ions and Damage Insurance does not aver losses caused by or contributed to by: L operation of the Rental Auto in violation of the Icons and conditions of the Rental Company agreement (including but not limited to losses occurring when: a person not permitted to operate the vehicle pursuant to tents of the rental agreement was in possession or control of the yell icl; or, driving the vehicle outside of the authorized rental territory); leased or nmini-k ased vehicles; 3. costs auributdIotheCorn mercial Car Rental Company'',, normal course of doing business; 4. intentional damage; 5. illegal activity, such as losseswherethe Rental Autowasusedfor, or involved in illegal activityor felony, 6. pre-existingconditions,danmageordefeet; 7. alcohol intoxication oil the partofthedriver,asdefinedin die state where the.h ddent occurred; 8. roluntarilvtakinganydrug oracti ngunder theinRuence or effect of that drug (unless taken m prescribed or administered by a Doctor); 9. war orniiliLary activity; 10. radioactivity; ll. confiscation byauthori ty; 12- wear and tear, ind oiling gradual deterioration; 13. damage which is due and confined to freezing, mechanical or electrical breakdown or failure unless such damage results from a theft covered by the Policy; 14. failure to return keys totheRental Companywhenthe, vehicle is siolm; 15. theft or damage to unsecured vehicles; 16, theft of or damage to tires, (flats or blowouts) . unless damaged by fire, malicious mischief, vandalism, or stolen. unless the loss is coincident with and from the same cause as other loss covered by the Policy; and 17. off-road operation of the yell icle. Car Rental Loss and Damage Insurance does not cover, and benefits will not be paid for 1. salts tax related to repairofdamages,unlessreimbumementufsuch sales tax is required by law; 2. damage to any vehicle other than the Rental Auto; 3. damage to any prope rty other than the Rental Auto, owner's property, or items not permanently attached to the Rental Auto; 4. die injury of anyone or anything; 5. epensesassmtxd,waivuiorpaid forbytheRental (omparry ori8htsuns; 6. expenses covered by the Cardmember's personal auto insurer, employeror evtmplowr's insurer, or authodzcd driver's insurer; value added tax or similar tax, unless reimbursement of such tax is required by law; 8. diminishment of value; 9. any Rental Auto used for hire orcommercial purposes; and 10. depreciation, unless reimbursement fordepreciation is required by law. Notification of damage, including vandalism, theft, or an accident must he reported to the appropriate I aw enforcement agency as soon as reasonably possible. •1'his requirement applies regardless of whether die Rental Auto is involved with other vehicles. Failure to notify may result in denial of benefits. If a loss occurs, a Cardmember should promptly notify die Car Rental Loss and Damage Claims Unit toll free at (800) 33g-1670 in the U.S. only or call (440) 9142950 from other locations worldwide. If the failure of a C ,ardmem&r to promptly report a loss prejudices the rights of the Insurer; the claim may be denied. A representative will answer any questions a Cardmember may have. and will send die Cardmember a claim form with instructions. Complete and sign the claim form. Written proof of less, which includes the claim form and all other requested documentation (listed below), must be received within 60 days following the date of the damage or theft by: American Repress Car Rental Loss and Damage Claims Unit, P.O. Box, 94729, Cleveland, Ohio 44101-4729. If the proof of loss and otherdocu- mentation is not received within 60 days of the date of less, coverage may be denied. Required documentation may consist of, but is not limited to: I. oursigned and completed claim; an itemized repairbill; 3. a copy of charge slip for the rental of the RentalAuto, Rental Auto contractor machine-generated receipt to show rental was charged and paid for with an American Express Card 4. apolice report (if applicable); 5. photos of the damaged vehicle, if Available; 6. acopy oftheCarimembers,authorinxiddyer's oremployer's auto insurance coverage, or a notarized letter stati rig no insurance; 7. a copy of at Iclaiin documentsAndcorrespondence, provided bythe Car Rental Company; 8. a copy of the Rental Companysutilization log; 9. a copy of the dri versIicenseoftheCardmcmberand/or authorizedi driver, unless the driver's license number shows on the rental agreement; 10. a copy of the written rental agreement, front and back, which documents when the Rental Auto was checked out and checked in; and 11. information pertaining to other available insurance coverage(s). Card member cooperation with issues related to their benefits is required. If all required documentation is not received within 180 days of the date of loss (except for documentation which has not been furnished for reasons beyond the Cardmember's control), coverage may be denied. How Benefits are Paid All Car Rental toss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember, except that payment maybe made, at the discretion of the Insurer, jointly to the Cardmember and the Commercial Car Rental Company when the Car Rental i v50_FDR899795 2/26/07 11:55 AM Page 10 Company has not been reimbursed for the covered less or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company or any other party. Note: &mfila' uill not bepaid if, oir The (kite qJ /ors, on Die dale dJ dar'm thug, or on The dale ql pok7dkd claimlicr}went, any amount due on Your Cant account u past due or Your Card is c ncell(d' Rights of Recovery In the event of a payment under this Policy, the Insurer is entitled to all the rights of recovery that the Cardmember, to whom payment was made, has against another. That Cardmember mast sign and deliver to the Insurer any legal papers relating to that recovery, do whatever else is necessary to help the Insurer exercise those rights and do nothing after loss to harm the Insurer's rights. When a Cardmember or Commercial Car Rental Company has been paid damages under Policy, No..AX0925, and also recovers from another, the amount recovered from the other shall be held by that Cardmember or Commercial Car Rental Company in trust for the Insurer and reim- bursed to the extent of the Insurers payment. As a condition precedent to coverage, the Cardmember is required, and has a duty to fully cooperate with the Insurer in any investigations, subrogation matters or legal proceedings by providing copies of any and all legal notices and any and all statements, including sworn statements and contributing any other papers and documents to reasonably assist in the disposition of the legal matter. Notification of Legal Action %lien a Cardmember is served with suit and/or summons papers relating to a Car Rental Loss and Damage claim, the Cardmember must notifir (see address and phone mumher under "Claims Notice' section) and provide copies of the suit or summons papers to the Car Rental Less and Damage claims unit within 15 days of when the Cardmember is served. Failure to comply may result in denial of benefits. Additional Information for You This coverage is underwritten by AMEX Assurance Company ("Insurer") through insurance Policv AX0925 (the "Policy") Issued to American Express Travel Related Services, Company, Inc. and its participating subsidiaries, affiliates and licenseesAlic Policy may be changed or terminated. This Description of Coverage is an important document. Please keep it in a safe place. Although it describes the present form of insurance as it exists at the rime of printing, this document is not the Policy or contract of insurance. The benefits described in this document are subject to all of the terms, conditions and excursions of the Policy issued by the underwriter. This document replaces any prior Description of Coverage under the Policy which may have been furnished to the Cardmember. Kenncdij Ciak Pail) Rjohmaral President Secretary AMEX Assurance Company AMEX Assurance Company CRLDI-DOC-OSBN 11/05 1. Por those dole and enrolled in Membership RewmA ifs Afenrxvshli Reroanls redemphon wrlificale is rrstrl, cor,aaAv fs• proakkd only to Renkd Atlas reeled in the UnUerl Stale . 2. Irben userl in cunluncliam wflb a Mcmbersltp Reunrck mrkmpliom Berl fate, lbeparliapalingCar Rental Companies are limited to Hertz.. National rind Uudget. 3. (fdrgibleamlenrolledin.MembershipRewards,coverage iv also ac7uakiwben I& Cardmember ("1)/iresen4s a ilembers'bip Rewards rademplion cerh*ale and (2) uses a Membership Reuxrrds rtdemptkm cerfifxale at a participating C'ommerccial oar Rental Ojmf nry.Imooriondnoleforlhos'eenrulkdm40nboxb%) Rewards: 4 ,11embership Rewarcir ra*molion cent fcale can onrly be redeemed by drgilleCardmembers. Benefits uWl not bepaid u ben a hlembersbit, Rewards redemption cerl f We has been Irarufmul to awn-eligible Canlmembers and/or nom-Cardmembers. 4. Does not apply to Not, York mufenk. Description of Coverage Rider for Policy AX0925 Applicable for OSBN and OSBN Platinum Cardmembers ADDITIONAL INFORMATION FOR OSBN AND OSBN PLATINUM CARDMEMBERS Under Vehicles Not Covered, item number 3. is replaced with the following: (car Rental Lass and Damage Insurance does not cover rentals of. 3. cargo vans, custom vans; In all other respects, the provisions and conditions of the Description of Coverage remain the same. CRLDI-RDRI 11/05 ADMIIONAL INFORMATION FOR RESIDENTS OF LOUISIANA The Rights of Recovery section is replaced with the following: If the Company males any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the Cardmember's right to be fully compensated. CRLDI-RDRI-LA I I/05 ADDITIONAI, INFORMATION FOR RESIDENTS OF SOUTH DAKOTA Under Losses Not Covered, item number 5. is replaced with the following: Car Rental loss and Damage Insurance (kxs not cover losses caused by or contributed to by. 5. violation of criminal law, or wmmi%ionof acriminalact, whether cited or charged; Under Losses Not Covered, item number 7. is replaced with the following'. Car Rental Loss and Damage insurance does not cover losses caused by or contributed to by: 7. consumption of alcohol at or in excess ofthe legal blood alcohol level for a felony conviction in the state or locality in which the Accidentoccurrd; CRLDI-RDRI-SD 11/05 ADDITIONAL INFORMATION FOR RESIDENTS OF VERMONT Under Losses Not Covered, the following item is liereby removed: alcohol intoxication on the part of the driver as defined in the state where the Accident occurred; CRLDI-RDRI-vr 11/05 ADDITIONAL INFORMATION FOR RESIDENTS OF WLSCONSIN Under Losses Not Covered, the following items are hereby removed: 5. Illegal activity, such as losses when lee Rental Auto was used for, or invulved in illegal activity or felony; 7. alcohol intoxication on die pail of the drivt% as defined in the state where the Accident occurred; 8. voluntarily taki ng any drug or acting under the influence oreffect of that drug (unless taken as prescribed or administered by a Doctor); Linder Losses Not Covered, the following item is added: UL the use of the Rental Auto for unlawful putposes, ur for transportation of liquor in violation of law, orwhile the driver is under the influence of an intoxicant or a controlled subsumce or controlled substance analog, or a combination therof, or under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influenceof an intoxicant and any otherdrug to adegreewhich renders him or her incapable of safely driving, or any rise of the motor vehicle in a reckless manner. CRLDI-RDR i-WI I i/Os ADDITIONAL ]INFORMATION FOR RESIDENTS OF WEST VIRGINIA Under How Benefits am Paid, the Footnote, to the note that reads: Note: Benefits will not be paid if, on the date of loss, on the date of claim filing, or on the date of potential claim payment, any amutmt due on Your Card account is past due or Your Card is cancelled, is hereby revised to read as follows: Ikirw• not apply to Wml VwKinia and N&v, York,STale residents. CRLDI-RDRI-W4' 11/05 Return Protection Program Description Return Protection offers you guaranteed produ4 satisfaction on designated items purchased entirely with an eligible American Express Card. If you try to return a designated item within 90 days from the date of purchase and the merchant won't take it back, American Express will refund the full purchase price, up to $300 per item, excluding shipping and handling, and up to a maximum of $1,0(0 annual ly per Cardmember Account. How to File ii Return Picitection Request Once you have verified that the merchant will not accept the designated item, call 1-800-297-8019 within 9o days of the purchase date to notify us of your request. Within 30 days from the date of your initial call, we need to receive the following: • Original store receipt • American Express Card record of charge • Any other items deemed reasonable by us to process your request Once your request has been approved, you will he instructed to send the purchased item to us within 3o days. Please keep a record of your ship- ping statement, as you will need to provide proof of shipping in the event that your designated items are not received. You am responsible for the shipping and handling charges for the item. The Refund- up to $YXl per item and up to a maximum of $ 1,000 per Cardmember per year - will be reimbursed to you. Purchases must be made in the United States and charged in full on your Card. ,A Refund will not he paid if, on the date we receive your Return Protection Request, or on the (late of would-be payment, any amount on your Card .Account is past due for one or more billing cycle(s) or your Card is. Refunds are limited to $300 per designated item, and $1,000 annual ly per Cardmember Account. The item must be in "like new" condition (not visibly used or wom) and in working order to be eligible. An i tern is eligible if it may not he returned by the Cardmember to the merchant from which it w%ori ginally purchased. Any item purchased from a merchant that has an established return/satisfaction guarantee program which is greater than or equal to die terms of Return Protection, anti provides coverage for claim, will not be eligible for a Return Protection Refund. Product rebates, discounts or monev received from lowest price comparison programs will be deducted from the original cost of the item. The maximum you will be compensated will not exceed the manufacturer's suggested retail price. Items not eligible for a mhmd are: animals and living plants; one-of-a kind items (including antiques, artwork, and hers); limited edition items; going-out-of-business sale items; consumable or perishable items with linuted life spans (such as perfume, light bulbs, non-rechargeable batteries); jewelry (including, but not limited to loose gems, precious stones, metals, and pearls) ; watches; services and additional costs (such as installation charges, warranties, shipping, or memberships); rate and precious coins; used, altered, rebuilt and refurbished items; custom-built items, cellular phones; pagers: compact discs; digital video discs; mini discs; aucliotapes; videotapes; computer software; firmware (such as console games, Nintendo, etc.); maps; books of any kind; health cafe items (such as blood pressure machines aril diabetes equipment) ; formal wear; tickets of any kind; motorized vehicles (such as cans, trucks, mutorcKles, boats, or airplanes ) and their parts; land and buildings; firearms; ammu- nition; negotiable instruments (such as promissory notes, stamps and travelers checks); cash and its equivalent; and items permanently affixed to home, office, vehicles, etc. (such as garage door openers, car alarms). If you have any questions regarding a Return Protection Request or the Return Protection progrann, please cal l our Customer Service Department at 1-800-297-8019- 'If, after reading this Description of Coverage, you ate still unsure what benefit level of coverage applies to your American Express Card, Please contact the Customer Service Center toll-free number listed on the back of your Card. also shown on your Card statement. The Event `ticket T'roleeticat Mull Underwritten by AMEX Assurance Company Administrative Office, 3500 Packerland Drive, fe Pere, Wisconsin, 54115 (herein calked the Company) The Event Ticket Protection Plan provides insuranceto a Cardmember when the expense of a l icket has been charged to the Cardmember's Account and the'I icketholder cannot use the Ticket due to a Covered Incident for which benefits are payable under this Plan. We will reimburse You, up to a maximum coverage limit of $1,000 per Occurrence Gold, for the expense of the unused Ticket charged to Your Account for two Covered incidents for each Account for each 12-month ?k v50_FDR899795 2/26/07 11:55 AM Page 11 period beginning when the eligible Ticket has been charged to the Cardmember's Account. If Ticket reimbursement, due to a Covered Incident for which benefits are provided under this Plan, is provided to the'ricketholder by a Producer, Venue, or other insurance, the coverage provided by the Event'1 icket Protection Plan becomes secondary and will pay only that portion of the Ticket expense not reimbursed by the Producer, Venue, or other insurance. Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Account: means Your American Express Card account. Cardmemben means a person who has been issued an American t.xpress Card that is current and forwhich the.Aceount N in good standing and who maintains a Permanent Residence in the in United States of America or the District of Columbia. Covered Incident: means an incident listed under the Description of Benefits section of the Plan. Delay: means any delay other than a Transportation Accident. Destroyed Ticket: meats o T icket that cannot be redeemed as a direct result of a misfortune experienced by the 1 icketholderwhich takes place prior to the Event and destroys the'liclietholder's'licket. Event: meats a public gathering for an audience that will include the Ticketholder, which is legal, takes place within the 50 United States of America or the District of Columbia, and which requires an admission fee in exchange for a'licket. Medical Emergency. means an unforeseen bodily injury or illness to You or any member of Your household, of such severity as to require Medically Necessary treatment. Medically Necessary: means unforeseen urgently required treatment to You or any member of Your household by a Physician or Dentist. Multi-day Ticket: means a Ticket that may be used more than once for an Event that is the same or related and which occurs on consecutive days over a period of not more than several successive weeks. occurrence: means the expense charged to the same Account of a Cardmember for the entire cast of the purchase, separately or together, of any number of Tickets for the same Event, including Ticket handling Lees . Permanent Residence: meats the one primary dwelling place when the Cardnicmba permanently resides and to which they intend to return. Physician or Dentist: means a person licensed in the healing arts, other than a member of the fardmember's fancily, and acting within the scope of their license for the service or treatment provided. Plan: means the Description of Coverage lot the Event Ticket Protection Plan. Policy: means the Group Insurance Master Policy and any attachments, endorsements, riders and applications associated with it. Producer: means the person or group of persons who provide the financial backing and who are responsible for conducting the Event. Season Ticket: means the purchase of admission as a subscriber or season'I icketholder to a series of similar forms of diversion, education or entertainment to be attended over a period of weeks, months, or years. Ticket: meats written evidence permitting admission to an Event, including a Multi-day'licket or Season Ticket, which clearly indicates the name of the Event, the (late on which the Event is to take place and the Event Venue, by means of which an Occurrence can be established. Ticket does not include transportation on a vehicle of any kind to or at an Event or parking at an Event. Ticketholder: meats either the Cardmember who has charged the expense of their Ticket to an Account or a person who has received a 'picket from the Carimember either by arrangement with such person or as a gift. Transportation Accident: means physical damage to the vehicle transporting You to the Event which delays or ends the'I ieketholder's trawl and causes the'Deketholder to miss the Event. Venue: means the name and location of the facility where the Event is to take place. We, Us, Our: means AMEX.Assurance Company and its duly authorized agents. You, Your, Yourself: means the Carlmember. Benefits are payable only to the Cart member, to whose Account the expense of the Ticket has been charged, when a lass occurs as a result of any of the following: I. Medical Emergency; cancellation of the Event by the Producer orV'enue without providing full reimbursement of the'Dcketcost, an equal value ticket or a rain check; 3. catastrophe, reganllessof cause, in the immediate vicinih of the Event site to which the Ticketholders access is prevented by governmental authority; 4. Transportation Accident; 5. Lkstroyed'licket; 6. thellof'licket; 7. juryduty; 8. subpoena or other unanticipated legal process; 9 death; or 10. emergemycalltoduh,asamemberofaNationalGuanlunitorktive Reserve or for active duty members of the United States Armed Forces. Benefits are not parable if the loss for which coverage is sought was directly or indirectly, wholly, or partially, contributed tour caused by the following: 1 infirmity, disease or sickness ofthe'llicketholder, other than As defined by Medical Emergency; 2. Delay; 3. fraud or illegal activityofanykind bytheTicketholder, 4. confiscation by any governmental authority; 5. active participation in a civil public disturbance or protest; 6. negligent failure of a duty to care by Any third party in whose possession a T icket has been temporarily placed by the'I icketholder, or 7. 6ost'l icket. If a t ickelholder experiences a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. Notice of Claim Notice of claim should be provided to Us within 30 days of the loss. You may contact its by phone by calling toll-free stateside 1-80D-620-4991 or, if from overseas, by calling collect 1-303-273-6498. You may also write to us at Event Ticket Protection Plan. P0. Box 402, Golden, CO 80402. Failure to provide notice of claim within 30 days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with notice of claim, We will assist You with your proof of loss by providing You with instructions and with docu- ments, which You must complete and return to L's. You an; required to cooperate with Us and provide documentation as requested by L's which is required and necessary to process Your claim and determine if benefits are payable. If all required documentation is not received within 30 days of the date of the Covered Incident (except for documentation which has not been famished for reasons beyond Your control). coverage may be denied. It is Your responsibility to provide all required documentation necessary. Proof of Loss Proof of lass n quins that You send Us all the information We request, at Your expense, in order that Your claim may be evaluated and that We may make a determination as to whether the claim may be paid. Except in the instance of theft or Destroyed'I icket, as noted under the Description of Benefits, We will require that You provide Us with the Ticket which could not be used because of a Covered incident for which insurance is provided under this Plan. In addition to the Ticket, We will ask that You include with Your proof of loss any documentation We may request in order to establish the existence of a Covered Incident eligible for coverage under the Description of Benefits. We reserve the right to deny the claim if the Ticket You submit as part of Your proof of loss evidences redemption by any mark, stamp, hole, tear or other evidence of redemption. If admission to an Event was charged to Y'our.Account, but in lieu of a Ticket You received only confirmation of admission by e-mail or the promise of admission to the Event upon picking up a Ticket at the Event, and if a Covered Incident occurred for which a claim may be payable under this Plan, You must cooperate with Us in providing proof of loss as to the Covered Incident, and We will Attempt to complete the necessary research to determine that the charge to Your account was for admission to the Event as claimed by You. You must provide satisfactory proof of loss as soon as possible after We have informed You as to what You must provide Os and in no case more than 30 days after being so informed, except if it can be shown that it was provided as soon as reasonably possible. Proof of loss documentation may he mailed to is at the same address as listed above for mailing a notice of claim. Payment of Claims if'I icket reimbursement, due to a Covered Incident forwhich benefits am provided under this Plan, is provided to the Ticketholder by a Producer, Venue, or other insurance, the coverage provided by the Event Ticket Protection Plan becomes secondary and will pay only that portion of the '1 icket expense not reimbursed by the Producer, Venue, or other insurance. if Your proof of loss demonstrates that Your claim is payable according to this Plan, We will reimburse You the amount charged to Your.Account for the Event Ticket You purchased, less any reimburse- ment You may receive, up to the maximum coverage limit as stated in the Coverage Overview section. Any payment that We make in good faith will fully discharge Lis to the extent of that payment. When a Covered Incident has caused the Ticketholder to experience a loss for the total charge to the Account and that charge is more than the actual face value of the Ticket. eligible benefits; will be available on a pro rata reimbursement basis determined by the number of separatc'iickes purchased for that Event. When a Covered Incident has caused the Ticketholder to experience a loss in conjunction with a Multi-day Ticket or Season Ticket, eligible benefits will be available on a pro rata basis determined by days for Multi-day'Iickets and by series length for Season tickets. Benefits are only eligible for the Ticketholder who experienced a loss for which this Plan provides benefits. You will be reimbursed only for those Tickets and on a pro rata basis. Right of Recovery fit die event of a payment under this Plan, We are entitled, and become subrogawd, to the extent of such payment, to all of the' icketholders rights and remedies against any responsible party. Upon Our request, the Ticketholder must provide us reasonable assistance, including signing documents if necessary, to bring suit in the Ticketholder's name and do nothing after loss to harm Our rights. When You have been paid under this Plan by Lis and the Ticketholder recovers from another, the amount recovered shall be held in trust for Us and reimbursed to Its to the extent of Our payment If our payments for losses exceed the maximum amount payable to You under any benefit of this Plan, We have die right to recover any amount exceeding the maximum amount payable. Description of Coverage Any, conflict between the terms of the Description of Coverage and the Policy will be decided in favor of the Policy. A copy of the Policy will he maintained and kept by Its and may be examined by You at airy time. Entire Contract; Changes This Plan, the Policy, any applications, endorsements or r des and any other attachments make up the entire contract. Any statement You make is a representation and not a warranty. This Plan may be changed at any time by providing notice to you. Only the President, Vice-President or Secretary of AMEX Assurance Company may change or waive the provisions of the Plan. No agent or other person may change the Plan or waive any of its tenors. Termination or Cancellation Coverage will cease 12:01 am standard time on the earliest of the following: 1. the date You no longer maintain a Permanent Residence in the 50 United States of Amerca or the District of Columbia; 2, the date We determine that misrepreseritation or fraud occurred; 3. the date the Policy is cancelled; 4. the(late Y'ouare nolonger aCardmemberandYourPccounlceases to remain in good standing; or 5. die date the Plan is not available in the location where You maintain a Permanent Residence. 1-ermination of coverage will not prejudice any claim originating prior to termination subject to all other terms of this Plan. Fraud If any request for benefits made under the Plan is determined to be fraudulent or if any fraudulent means or devices are used by You, any Ticketholder, or by anyone acting on Your behalf to obtain benefits.. al l benefits will be forfeited. Legal Actions No legal action may he brought to recover against this Plan within 60 days after initial written proof of loss has been received by Us. No such action may, he brought after three years from the time written proof of loss is required to be given. If a time limit of this Ilan is less than allowed by the laws of the state when You live, the limit is extended to meet the minimum time allowed by such law. a • v50_FDR899795 2/26/07 11:55 AM Page 12 .s. .rt r s• r s• r Benefits provided tinder the EvenY[ickct Protection Plan extend to 'T'ickets You purchase and charge to Your Account that You intend to use or have purchased on behalf of others or as gifts. Reimbursement for any Covered Incident applies only to You. Only You have a claim to insurance benefits under the Event Ticket Protection Plan. AMEX Assurance Company, may, cancel this Plan at any time by sending a written notice at least thirty (30) days in advance to You at Your last known address. The Event Picket Protection Plan is underwritten by AMEX Assurance Company,.Administrative Office, De Pere, WL Coverage is determined by the terms, conditions and exclusions of Group Master Policy AX0974 and is subject to change with notice. This document does not replace the Polio. This document replaces all existing prior Plan documents You may have received for the Event Ticket Protection Plan. This Description of Coverage is an important document. Please read it and keep it in a safe place. In Witness Whereof, We have caused this Description of Coverage to be signed by Our officers: Kenneth J. Ciak Paul R. Johnston President Secretary AMEA ssurance Company AMEX Assurance Company ETP-DOC 12/05 GOLD Important irformation regarding benefit changes for Louisiana residents: AME.XASSURANCE COMPANY Administrative Office: 3500 Packerland Drive De Pere, WI 54115 For residents of Louisiana, the EvenlT ickel Protection Plan Description of Coverage to which this rider is attached is amended to include the bold italicized language as follows: The R{ghl oJRecova y section is hereby removed and replaced with the following which is added and made part of the Description of Coverage: Right of Recovery if We make anypaynnenfs under "Plan and the Ykketbolder has the right to recoverdamagesfrvrn another, We shall be subrogated to that right. However Our right to recover is subordinate to the Ylc ietbolders right to be fully There are no er changes to the Description of (overage. By: it. let; Kennethj.Ciak Paul R.Johnston President Secretary L'I'P-imi-tA Uv06 Important information regarding benefit changes for Missouri residents: The Description of Coverage ETP-DOC 12/05 has changed to ETP-DOG GOLD 05/16. AMEX ASSURANCE C OMPANY Administrative Office: 490 Pilgrim Way, Suite 1400 Green Bay, WT 54,304 For residents of Missouri, the Fvent Ticket Protection Plan Description of Coverage to which this rider is attached is amended to include the bold italkix ed language as follows: Notice of Claim Notice of claim should be provided to Us within 30 days of the loss however, no claim will be denied based upon the hourcift fatlaretoprovidenotkewitbinsuch specifloathue, anless tbtsfailure operates to profudke the rights ofthe insurer: You may contact us bY' phone by calling toll-free stateside I -M-620-4991 or, if from overseas, by calling collect 1-303-27.',-6498. You may also write to us at Event Ticket Protection Plan, PO Box 402, Golden CO 80402. GENERAL PROVISIONS LegalActions No legal action may be brought to recover against this Plan within b0days alter initial written proof of loss has been received by Us. No such action may be brought after ten yearsfrom the time written pnaFof loss is inquired to be given. Ifatime limitofthis Plan is lessthan allowed by the laws I'thestatewhere You lice, the limit is extended to meet the minimum time allowed by such law. Questions Porquesttons on this Polkn please contact ClientSereice at 1-800-6204991. There are no other changes to the Description of Cowtrage. liv: KcnncthJ.Crik Paul Rjohnston President Secretary ETP-RDR t-MO o9/o6 important information regarding benefit changes for Vermont residents: AMEXASSURANCF;COMPANY Administrative Office: 480 Pilgrim Way, Suite 1400 Green Bay, 'Al 54304 For residents of Vermont, die Evcnt'I icket Protection Plan Description of Coverage to which this rider is attached is amended to include tin bold italicized language as follows. IMPORTANTADDITIONAL INFORMATION FOR YOU AMEX Assurance Company may cancel this Plan at any time by sending a wri tten notice ofcmwellatkn-oprmied by the r+easonfor cancellation atIcastforij flive(45)daysinadvancetoYouatYour last known address. Termination or Cancellation 2. the date We determine that misrepresentation, non-disclosure or fraud in enrollment or claims presentation bas occurred: Undertbis circumstance, We willprovidr 45 days adeance written notice ofeancellation; 6.7be endoftbeperiod forwhich r+egwiredprenhems are due butnotpaid (hrderib/scbrumstance, We wttlprovtde 15 days advance written notice ofeamwilation accompanied by the reasonfor cancellation to You at Your last k Kn m address. There are no other changes to the Description of Coverage. By: Cam.. , .,.. .a arlh4. Kenneth J.Ciak Paul Rjohnston President Secretary ETP-RDRI-vroq/06 Important infurination regarding benefit changes for Washington residents: AMEXASSURANCECOMPANY Administrative Office- 35(X) Packerland Drive Or Pere, WI 54115 For residents of Washington, the Event Ticket Protection Plan Description of Coverage to which this rider is attached is amended to include the bold italicized language as follows: The First paragraph of the "Exclusions' section is deleted and repl=aced with the following: EXCLUSIONS We will notpayfor koa caused by arrvofthe esrladed events described below. Loss wHl be considered to have been uiawd by an earluded event lftbe occurrence ofthat event directly and solely results in loss, or laitlates a sequence ofevems that results in loss, regardless ofthe natu eofany intermediate orftnal event in that sequence. The Description of Coverage provision of the "General Provisions" section is deleted and wpl aced with the following: GENERAL PROVISIONS Description of Coverage Any eons lit with the terms oftbellevcrtption ofCoverage will be derided by Making at the iatentoftheDescription of Coverage provided to You. A copy of the Group h isurance MasterPol .y will be nahntatnedand kept by the Master Policykolderandmaybee exandned at any time. 12 The second point in the Termination or Cancellation provision of the General Provisions" section is deleted and replaced with the following: GENERAL PROVISIONS Termination or Cancellation 2. the date We determine that You or someone on Your behalf tntentfonatly misrepresented orf mud occurred; The last paragraph of the'lemvination or Cancellation provision of the "General Provisions" section is deleted and replaced with the following. GENERAL PROVISIONS Terndnatlon or Cancellation 7be Company bas the tight to cancel the Polkyat may time by sending a written notkeat least 45 days in advance to You at Your last known address.7benotice wRl include the reason jorrancellatkn. The second mid thind paragraphs of the "Important Additional Information ForYou" section are deleted and replaced with the following: IMPORTANTADDITIONAL INFORMATION FORYOU AMUAanrarwe C,ornpany nay unreel tbisPkan atany thm by sendbnga written notice at leastforty it ve (45) days in admiaw;e to You atYourlast known aA*vsc.7be notice will hwlude the reason forcancellaMom 7beawnt7Yd irProtectionPlanisunderwrittaebyA§m AsmunceCmnpaM Arbnhn(stnt"Offliae De Pere, W1 7be Plan may be changed or cancelled at any time with notice. 7be rmtke will include the reasonfor cancellation. 'there are no other changes to the Description of Coverage. Be s' KenncthJ.Ciak Paul Rjohnsion President Secretar, ETP-RDRI-WAo9lo6 O 2(X)7 American Express Total avings to ate Business Gold Card ' n for this Account $74.50 sm For details, please see your OPEN Savings Summary Prepared For Account Number Closing Date EDWARD H POWERS XXXX-XXXXX6-61002 01/19/09 Page 1 of 6 HI BROWN GLASS SVC New Activity $ New Balance $ Please Pay By Previous Balance $ Payment Activity s Inc. Adjustments 02/03/09 14,11 0-001 E I +423.5 Amount Due Includes: Past due amount $14,166.00 Please refer to page 2 for important information regarding your account See Page 5 For An Important Privacy Notice This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the minimum due amount, your account is in default and the balance is due in full. To manage your Account online or to pay your bill, please visit us at open.americanexpress.com. For additional contact information, please see the reverse side of this page. Activity * Indicates posting date Amount$ Total of Payment Activity 0.00 Due in Full Activity for EDWARD H POWERS Amount$ Card xxxx-xxxxx6-61002 01/19/09 late Payment Fee 423.56 Total Due in Full Activity 423.56 + Please fold on the perforation below, detach and return with your payment 4 Do not staple or use paper dips Account Number Payment Coupon 3727-144256-61002 Please Pay Byy To Pay by Computer, visit OZ/03/09 open.com/pbc. To Pay by Phone, call 1-800472-9297. hlllh4ldlhllltnllltlll?lllllthhlhlllllttlhl?lllh?utlt EDWARD H POWERS HI BROWN GLASS SVC PO BOX 637 PALMYRA PA 17078-0637 Mail Payment to: Amount Due $14,589.56 I'III'1111'lllllllll'1111111"I'111111'llll'll"'lll'llll'lllllll AMERICAN EXPRESS P.O. BOX 2855 NEW YORK NY 10116-2855 0000372714425661002 001458956001458956 16 H Enter account number on all documents. Make check payable to American Express. See Finance Charges section on reverse side for a description of when additional Finance Charges are not assessed on Features. Prepared For Account Number EDWARD H POWERS XXXX-XXXXX6-61002 HI BROWN GLASS SVC Page 2 of 6 Payments: Payments received after 12:00 noon or on weekends or holidays may not be credited until the next business day. Payments must be in US Dollars and drawn on a bank located in the US. Unless you are paying by computer or by phone, please submit 90u r payment in the enclosed envelope with the payment coupon and the account number indicated on the check. Please not send post-dated checks. They will be deposited upon receipt. If payment is made in any other form or at any other location, there may be a delay in processing. We reserve the right to process checks electronically, at first presentment and any representments, by transmitting the amount of the check, routing number, account number and Your checking account may be debited as soon as the same day we our financial institution heck serial number to To Pay By Phone 1.800-472-9297 . y c receive your payment. If we can not collect the funds electronically at first presentment, we may issue a draft against your Authorization for Electronic Payments: By using the American Express Pay by account for the amount of the check Customer Service and . Computer, Pay by Phone or any other American Express electronic payment service, you will be authorizing American Express to initiate an electronic debit to the financial account you specify in the amount you request. To use Pay By Lost or Stolen Cards 1-800492-3344 Computer, please visit us at w .amerinnaxpress.oom. A $5 annual subscription fee to Fortune Small Business magazine is included in your annual fee. If you pay an annual fee but do not wish to receive the magazine, call the number on the i di t d b 24 hours/7 days ll on e er n ca back of the Card. Lost or Stolen Card: If the Card is lost or stolen, telephone us immediately at the num ect International Co your paper statement or dick on the Customer Service link online. Outside the U.S., call collect or contact the nearest Artierican Express Travel Service Office or other local American Express office. Finance Charges: Average Dally Balance Method for Calculation of Finance Charges: We use the Average Daily Balance method to calculate Finance 1-336-393-1111 Express Cash Charrggees on your Account. Under this method, we gii ure the Finance Charges on your Account by applying the daily Cash -Advance and periodic rate to the Average Daily Balance (as described below) for each feature (such as Purchase 1_800-CASH-NOW , Balance Transfer features) of your Account (including Current transactions). To get the Average Daily Balance for each revious billing aid Finance Cha es fro m n h d i cl din l f th f t h i b Hearing Impaired p p n u g u e beginn or e ea ure eac ay ( ng a ance feature, we (1 }take t periods), (2) add any new fransadions, debits, or fees, (3) subtract any payments or credits, and (d make any appropriate (9am-5pm EST) adjustments. For each day after the first day of the brllin period uve also add an amount of interest equal to the previous day's daily balance multiplied by the daily periodic rate for the feature. This gives us the daily balance for the id d t it l i ti TTY: 1-800-221-9950 FAX: 1-800-695-9090 s nega ere o ve, is cons ance feature for that day and the beginning balance for the feature for the next day. If this ba be zero. Then we add up all the dally balances for the feature for the billing period and divide the total by the number In NY: 1-800-522-1897 of days in the filling period. This gives us the Average Daily Balance for the feature. If you pay the New Balance on this statement by the next Ck?smg Date, then you will avoid additional Finance Charges on fealures included in this New d th i d l Large Print and Braille Statements Statements an e ing per o Balance. If you multiply the Average Daily Balance for each feature by the number of days in the bil daily periodic rate for that feature, the result will be the Finance Charge assessed on that feature, except for variations 44 caused by rounding. The total Finance Charge for the billing period is calculated by adding the Finance Charges assessed on all features of the Account. This method of calculating the Average Daily Balance and Finance Charge results in Extended Payment daily oompoundingof Finance Charrl?es. The minimum Finance Charrgge for any billing period in which Finance Charges it wilt be ou incur a Charge in a foreign currency n Currencies: If Trensactlons"Made In Forei d i 50 X0 Option Customer Service , y g are impose . s . converted into US dollars on the date it is processed by us or our agents. Unless a particular rate is required by i t l th 1-800-403-1288 on ra e convers e y, applicable law, we will choose a conversion rate that is acceptable to us for that date. Current we use for a Charge in a foreign currency is no greater than (a) the highest official conversion rate published by a on the or (b) the highest interbank conversion rate Identified by us from customary banking sources overnment agency , , g conversion date or the prior business day, in each instance Increased by 2.7% (except for transactions processed prior to 01111109, increased by 2%). This conversion rate may differ from rates in effect on the date h as airlines) will be billed at the rates such establishments ts ( bli h Ch t f h t d b men suc your c arges conver y es a s arge. e o use. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information write or call the Customer Service department as indicated our statement transaction which a ears on b t americanexpress.com , y a ou a pp on your paper statement, or dick on the Customer Service link online. We must hear from you no later than 60 days Customer Service Box 981535 P O 9 after we sent you the first bill on which the error or problem appeared. What We Need From You When You Have A Billing Inquiry: 1. Your name and account number; 2. The dollar amount of the suspected error, 3. Describe . El Paso, and explain why you believe there is an error. If you need more information, describe the item you are unsure about. t ill h t f 79998-1535 are no t a your b While we are investigating the amount in question, you are still obor, ad to pay the parts o In Case rrors or Questions About Your Electronic our claim Please retain an recei ertinent to in estion ts ress Cash Ex . y p y qu . p Transfers: Please contact us by visiting us online at open.americanexpress.com, or you can call us at 1-8004PAY-AXP t i s es f C h d t ti O E p P.O. Box 981531 c paymen u . an oma s or xpress as au W for Pay By Phone and Pay By Computer issues, or 1-8-CASH-N You can also write to the Express Cash Operations address indicated on your statement. If you think your statement, receipt s after we sent ou no later than 60 da ibl W t h from l i i t t El Paso, TX 79998-1531 y e mus ear y s wrong, p ease con us as soon as poss e. or transact on ac you the FI RST statement on which the problem or error appeared. When contacting us: 1. Tell us your name and account Payments number; 2. Provide the dollar amount of the suspected error; 3. Describe the error or the transfer you are unsure a?ff, We will investigate ou can why you believe there is an error or why you need more information lain as dearly as and ex P.O. BOX 2855 NEW YORK NY . p y your complaint and correct any error promptly. If we take more than 10 business days to do this, we will credit your 10116-2855 account for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. Credit Balance: He credit balance (designated "CR") is shown on this statement, no payment is required. You may make charges against the credit balance or request a refund. Requests for refunds should be made r th t di k C t t t us ome emen , or c on e a in writing to the Refund Unit at the Customer Service address indicated on your paper s Service link online. Creditor. American Express Bank, FSB. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates fees and grace periods by calling 1-800-518-8866. Change of Address " To change your address online, visit www.americanexpress.comlupdatecontactinfo If correct on front " For Name or Company Name changes, please call the Customer Service do not use number on the back of your Card. • If your address or phone number has changed to a FOREIGN ADDRESS OR PHONE, please call Customer Service. • Please print clearly In blue or black ink only in the boxes provided. You may visit the American Express Privacy Statement at www.amencanexpress.com/pnvacy for more details and to set your email preferences. Street Address City, State Zip Code Area Code and Home Phone Area Code and Work Phone Email (optional) 1 J Please provide your e-mail address to receive important account updates and exclusive Cardmember offers and benefits. OPEN Savings" Summary Prepared For Account Number Page 3 of 6 EDWARD H POWERS XXXX-XXXXX6-61002 HI BROWN GLASS SVC Total Savings to Date Savings Since Savings This Period For This Account Jan 2009 Through Jan 18 $ E50 0.00 4 tlEl` Program End Date Transactions This Period Discount % Savings Savings Since or Credit This Period Jan 2009 1.800-FLOWERS.COM- Flowers and gifts Ongoing $0.00 5% $0.00 $0.00 BARNESandNOBLE.com - online purchase Ongoing $0.00 5% $0.00 $0.00 BIZFILINGS - Incorporate your business Ongoing $0.00 20% $0.00 $0.00 5% OPEN Savings at Carey Carey - Premier transportation services Ongoing $0.00 5% $0.00 $0.00 CONSTANT CONTACT - Email marketing services Ongoing $0.00 5% $0.00 $0.00 COURTYARD BY MARRIOTT - For participating hotels, visit marrtott.com/opensavings Ongoing $0.00 5% $0.00 $0.00 DELTA - Flight purchases Ongoing $0.00 3% $0.00 $0.00 5% OPEN Savings at Epson Epson - Leader in digital imaging products Ongoing $0.00 5% $0.00 $0.00 EXPENSABLE - Expense management software Ongoing $0.00 25% $0.00 $0.00 FAIRFIELD INN BY MARRIOTT - For participating hotels, visit marriotLcom/opensavings Ongoing $0.00 5% $0.00 $0.00 FEDEX - Ground, Express and International shipments Ongoing $0.00 5% $0.00 $0.00 FEDEX KINKO'S OFFICE AND PRINT CENTERS - Document solutions and business services Ongoing $0.00 5% $0.00 $0.00 HERTZ - Car rentals in the U.S. Ongoing $0.00 5% $0.00 $0.00 HYATT - Hotels and resorts in the U.S. Ongoing $0.00 3% $0.00 $0.00 JETBLUE - Flight purchases Ongoing $0.00 3% $0.00 $0.00 LOGOWORKS - Custom logo design Ongoing $0.00 10% $0.00 $0.00 STUBHUB.COM - The Fan's Ticket Marketplace Ongoing $0.00 3% $0.00 $0.00 SYMANTEC - Security and Back-up software including Norton )) products Ongoing $0.00 10% $0.00 $0.00 SPRINGHILL SUITES BY MARRIOTT - For particip. hotels, visit marrlotLcom/opensavings Ongoing $0.00 5% $0.00 $0.00 YAHOOI - Search Marketing Yahoo[ SmallBusiness savings ends 12/31108 Ongoing $0.00 5% $0.00 $0.00 Totals $0.00 $0.00 Other Ways To Save! Prepared For Account Number Page 4 of 6 EDWARD H POWERS XXXX-XXXXX6-61002 HI BROWN GLASS SVC w Prepared For EDWARD H POWERS HI BROWN GLASS SVC Business Gold Card Account Number Closing Date XXXX-XXXXX6-61002 01/19/09 OPEN An Important Notice Concerning Cardmember Privacy Page 5 of 6 This Privacy Notice is addressed to United States holders of personal American Express' Charge Cards or accounts, Optimao Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business charge and credit cards from OPEN from American Express. This Notice explains how we collect, use and safeguard information about you and how to limit the use and disclosure of your information. In this Notice, "American Express," "we," "bur," and "us" refer to American Express Travel Related Services Company, Inc., American Express Centurion Bank and American Express Bank, FSB. These entities are "Affiliates" of each other, which are companies in the American Express family that are related to each other by common ownership or control. Our Affiliates also include publishers, travelers cheques issuers, travel agents and providers of Card-related insurance services. The cants and accounts that we issue are called "Cards" or "Card accounts." Holders of those Card accounts are called "Cardmembers" or "you(r)." What Information Do We Collect? We obtain information about you from a variety of sources. You provide us with information about yourself, for example, by completing Card applications. This includes your name, address, social security number, and income and asset information. Your use of the Card and your other transactions with us and our Affiliates provide us with additional information, such as your spending and payment history. Other sources, such as credit reporting agencies and providers of marketing information, furnish us with additional information about your credit history, purchasing preferences, and other matters. We also obtain information about you in connection with our efforts to protect against fraud. We call all of this information "Cardmember Information." What Do We Do with Cardmember Information? We use Cardmember Information in connection with delivering products and services to you. To do this it is often necessary to share it with our Affiliates and other companies we work with. These include companies that manage Card accounts, offer affinity, frequent-user, and reward programs, companies that perform marketing services and other business operations for us, and companies whose products or services are provided as a benefit of your Card account. We may also share Cardmember Information with other financial institutions with whom we jointly offer products and services. And we may disclose it to other third parties as permitted by law. For example, we disclose Cardmember Information in response to subpoenas, to credit reporting agencies, and to help prevent fraud. Information We Share with Our Affiliates You can inform us not to share with our Affiliates credit-related information (except as permitted by law), such as your credit history as shown on a consumer report. If you make this choice, we are permitted by law to share with our Affiliates information about our transactions and experiences with you, such as your payment history. Valuable Partner Offers We work with carefully selected business partners, such as merchants that accept the Card, so that you may receive offers for their products and services. We use Cardmember Information to help make these offers more relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a Cardmember, and that you met the qualifications established for the offer. You can inform us not to send you these offers. Your Choices Please let us know if you do not want us to use your Cardmember Information to communicate with you about offers, including exclusive partner offers and offers from our Affiliates, by mail, telephone and/or e-mail, or share your credit-related information with our Affiliates, by visiting us at: www.americanexpmss.com/communications. You can also inform us of your choices (except for e-mail communications) by calling us at 1-800-297-8378. If you make these choices, you may not learn about products, services and features, including discounts and other special offers, we believe may be of interest to you and add value to your Card membership. If you have other Cana accounts with us, you will receive additional privacy notices that apply to those accounts. Please note that any choices you make will only apply to this account. If you are the primary Cardmember on your Card account, any choices you make in accordance with this Notice will also apply to any other Cardmember on this account (except for e-mail communications). If you make choices not to receive offers as indicated above, we may still include notices and information about the Card and other products and services when communicating with you about your Card account and related products and services. Information Security We use reasonable administrative, technical and physical security measures to protect your Cardmember Information. Former Customers If you cancel your Card, or your Card account(s) are closed, we will continue to treat and safeguard Cardmember Information about you as described in this Notice. For Vermont Cardmembers Only If your Card account has a Vermont billing address, we will automatically treat your account as if you had informed us not to share your credit-related information with our Affiliates. SP248 BP/MU/02PV/0408 J Prepared For Account Number Page 6 of 6 EDWARD H POWERS XXXX-XXXXX6-61002 HI BROWN GLASS SVC Annual EFT Error Resolution Notice This notice is to inform you about how you should notify us of errors or questions regarding any electronic fund transfers you initiate using your American Express Card, including Express Cash transactions, or electronic payments you make to American Express using Pay By Phone, Pay By Computer, or any other American Express electronic payment service. In case of errors or questions about your Electronic Transfers, please telephone us at 1-800-IPAY-AXP for Pay By Phone and Pay By Computer questions, and at 1-800-CASH-NOW for Express Cash and Automatic Payment questions. Alternatively, you may write to us at American Express Travel Related Services Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. Lauderdale, FL 33329-7815, or e-mail us by clicking on the Customer Service link online at www.amedcanexpress.com. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or question arose. When you contact us, please provide the following information: (1) Your name and account number. (2) Description of the error or the transfer you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information. (3) The date and dollar amount of the suspected error. If you notify us by phone, we may require that you send us your complaint or question in writing within 10 business days of the call. We will determine whether an error occurred within 10 business days and will correct any error promptly. if we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. SP248 BP/MU/02PV/0408 Q N ?y C-7. C=3 1j J? V .I b C„j C-"" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS BANK FSB VS POWERS EDWARD H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: POWERS EDWARD H T/A H.I. BROWN MIRROR & GLASS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEBANON serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 3rd , 2009 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Lebanon County Postage 18.00 9.00 10.00 64.00 .42 03/04/2009 DESSEN MOSES So answers- R.-Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. Q C'7 M ? -w LLJ <LZ J LU 3 n Ol - n 0 U cv SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS BANK FSB VS POWERS EDWARD H ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ED-KAT INC but was unable to locate Them deputized the sheriff of LEBANON serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 3rd , 2009 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 r% n ?"' .v v 03/04/2009 DESSEN MOSES Sworn and subscribe to before me this day of in his bailiwick. He therefore So answers: R . ,T omas Kline Sheriff of Cumberland County A. D. s C ~} L- 2 ;. CZP ' CC= : « ? !r ? ? GT N C.3 NOTICE & COMPLAINT No. 09-658 Return To: Cumberland County American Express Bank, FSB VS. Edward H. Powers t/a H.I. Powers Mirror & Glass Service STATE OF PENNSYLVANIA COUNTY OF LEBANON } SS: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 Docket Page 29156 William Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within NOTICE & COMPLAINT upon EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERVICE, the within named DEFENDANTS, by handing two true and attested copies thereof, personally to EDWARD H. POWERS he being a DEFENDANT and the owner of H.I. POWERS MIRROR & GLASS SERVICE, on February 23, 2009 at 11:10 A.M., at 640 West Main Street, Palmyra (Palmyra Borough), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me is 26th day o bruary, 2009 Notary Public NOTARIAL SEAL Lymtette Smith, Notary Public Lebanon city, Lebanon county M, ? Expires Apr1i 23, 2012 SO ANSWERS, 4m;;?-WOW .1 DEPUTY SHERIFF ' '1.C ¢ - il 7 SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 02/19/09 Check No. 68073 Amount $ 100.00 Costs Incurred: Amount $ 64.00 Amount of Refund: Check No. Amount $ 36.00 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2,.Act of June 20, 1911, P.L. 1072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB I 102 BROWNING LANE, BLDG B. SUITE 1 I No. 09-658 CHERRY HILL, NJ, 08003 I I Term Plaintiff(s) I I CIVIL ACTION V. I I PRAECIPE FOR WRIT OF EXECUTION (Applicable to real estate and personal property) EDWARD H. POWERS T/A H.I. POWERS I C-) MIRROR & GLASS SERV. & ED-KAT INC. I t l 640 W MAIN STREET Z-- I r PALMYRA PA 17078 c?3 co I , TO THE PROTHONATORY: Issue writ of execution in the above matter, directed to the Sheriff of CUMBERLAND-PA County. (1) against EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. , defendant(s) and (2) against, METRO BANK, 65 ASHLAND AVE, CARLISLE, PA 17013; M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013garnishee; (3) AMouNT DUE $16,412.77 INTEREST from: $1,715.92 August 11, 2009 COSTS .00 Sub-total $18,128.69 4110 bw Andrew Sklar, Esquire /(r1 ? Attorney for Plaintiff 111-66 ID #65332 01. q? Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, New Jersey 08003 (856) 616-8710 a3 FILE NO.: A1001237 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-658 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS BANK FSB Plaintiff (s) From EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. AT 640 W. MAIN STREET, PALMYARA PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of METRO BANK AT 65 ASHLAND AVE. CARLISLE, PA 17013 AND M&T BANK 1 WEST HIGH STREET, CARLISLE PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,412.77 Interest FROM AUGUST 11, 2009--$1,715.92 Atty's Comm % Atty Paid $2%,42 Plaintiff Paid Date: 5113111 (Sea") L.L. Due Prothy $2.00 Other Costs Vid L-.-AiAl l Da 'd D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name ANDREW SKLAR, ESQUIRE Address: SKLAR MARKIND 102 BROWNING LANE, BUILDING B, SUITE 1 CHERRY HILL, NJ 08003 Attorney for: PLAINTIFF Telephone: 856-616-8710 Supreme Court ID No. 65332 4f IN THE COURT OF COMMON PLEAS OF CUMBERLAND-PA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 Plaintiff VS. EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. : CIVIL ACTION & ED-KAT INC. Defendant Ansugrs 4,o INTERROGATORIES IN ATTACHMENT TO: M & T BANK , Garnishee: c y Co .rn (I1 ? -<v CD i 'z7 N rv You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 4µ"j i 1. At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to him (her/them) on any negotiable or other writte*ans ent, or did he (she/they) claim that you owed him (her/them6a money or were lia (her/them) for any reason? May not P???ded c00+ ?4?, 19 -A QV'9•%? Reflect Unposted tQ C`CC ?`? Transactions or Legal o Document Processing Fees i-" a OG 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more- persons any property of any nature owned solely or in part by the defendant? n on ? s?or At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? n Ord 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had any interest? n Ors t- a 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? r`oA <-- 6. At any time after you were served did you pay, transfer or deliver any money or property tot he defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? (10 0 L._. 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. Y) end 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 41 Pa.C.S § 8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? ? L <21 Date: May 9.2011 Andrew Sklar, Esquire Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 JUN 0 7 2olr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB : No. 09-658 Plaintiff VS. CIVIL ACTION EDWARD H. POWERS T/A H.I POWERS r?i . MIRROR & GLASS SERV. & ED-KAT INC. ` ,. r Defendant We-/5 -4v INTERROGATORIES IN ATTACHMENT R., TO: METRO BANK , Garnishee: You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him (her/them) on any negotiable or other written instrument, or did he (she/they) claim that you owed him (her/them) any money or were liable to him (her/them) for any reason? Defendant has account xxxxx6072 held jointly with Kathryn Powers, Account xxxxx9655 held as ED-Kat $0.00 Account xxxxxx7185 balance of -$168.22. Defendant did NOT receive $300 exemption. Defendant has 1 loan with Metro Bank' 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant? See answer to question 1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had any interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any no property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property tot he defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. See a n s e s t i o n 1 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 41 Pa.C.S § 8123? If so, identify each account. See answer to question 1 9. How much is the value of any property in your possession belonging to the defendant(s)? Gam." `"? Date: May 9, 2011 Andrew Sklar, Esquire Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her, knowledge, information and belief. (SIGN Andrew Skl , Esquire (ID#65332) SKLAR ARKIND 102 BRO ING LANE, BLDG B, STE 1 CHERRY H ILL, NJ 08003 (856) 616-87 10 Attorney for Plaintiff(s) Our File Nu ber: A1001237 IN THE COdRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW a ' C n n 'vim z AMERICA N EXPRESS BANK FSB :No. 09-658 r rn- Plai tiff ? TERM ? - fc, vs. ?? x"n ..a x =-n o CIVIL ACTION v? EDWARD H. POWERS T/A H.I. POWERS MIRROR GLASS SERV. & ED-KA INC. PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please diss lve the attachment as to garnishee, METRO BANK, in the above captioned action. Date: Junes 28, 2011 Andrew Sklar, Esquire Attorneys for Plaintiff g.00 p a JkTry ???r38r? to l3gA Andrew Sklar, Esquire (ID#65332) SKLAR - MARKIND 102 BROWNING LANE, BLDG B, STE 1 CHERRY HILL, NJ 08003 (856) 616-8710 Attorney for Plaintiff(s) Our File Number: A1001237 -0F F I C t ?yaG FIGNGTAF; 11 wi1 J"' 2 I 2: L CU,IMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 Plaintiff TERM VS. EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. Defendant CIVIL ACTION PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment as to garnishee, M & T BANK, in the above captioned action. Date: June 29, 2011 Andrew Sklar, Esquire Attorneys for Plaintiff C(MV 14 le 1 66 cd ab? CK.10-- 1 380$ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-658 Civil CIVIL ACTION - LAW TO TH E SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS BANK FSB Plaintiff (s) From EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC., 640 W. MAIN STREET, P.O. BOX 637, PALMYRA, PA 17078 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, 1 WEST HIGH STREET, CARLISLE, PA 17013 SOVEREIGN BANK, 921 CAVALRY ROAD, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$16,171.77 Interest FROM AUGUST 11, 2009 - $2, 186.71 Atty's Comm % Atty Paid $Q6) 8. °/ Plaintiff Paid Date: NOVEMBER 7, 2011 L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name ANDREW SKLAR, ESQUIRE Address: 102 BROWNING LANE, BUILDING B, SUITE I CHERRY HILL, NEW JERSEY 08003 Attorney for: PLAINTIFF By: Deputy Telephone: 856-616-8710 Supreme Court ID No. 65332 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ems, - - AMERICAN EXPRESS BANK FSB I o "° I No. 09-658 Plaintiff(s) I s- " - CIVIL ACTION PRAECIPE FOR WRIT OF EXECUTION EDWARD H. POWERS T/A H.I. POWERS I (Money Judgment) MIRROR & GLASS SERV. & ED-KAT INC. 640 W MAIN STREET PO BOX 637 PALMYRA PA 17078 Defendant(s) TO THE PROTHONATORY: (1) Issue writ of execution in the above matter, directed to the Sheriff of CUMBERLAND County, against EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. , defendant(s) (2) and against, M & T BANK, 1 WEST HIGH ST, CARLISLE, PA 17013 and SOVEREIGN BANK, 921 CAVALRY RD., CARLISLE, PA 17013, garnishees. AMOUNT DUE INTEREST from: August 11, 2009 PLUS COSTS g:) t s? Qk a G4. (o. oo 08F IO1.?9 uf; ?. 5 1 t[ . OCR $16,171.77 $2,186.71 a11? / Andrew Sklar, Esquire Attorney for Plaintiff ID #65332 Sklar - Markind 9L(. OD 94.50 Dated: November 1, 2011 a? F. ?a FILE NO.: A1001237 102 Browning Lane, Building B, Suite 1 Cherry Hill, New Jersey 08003 (856) 616-8710 ?kff ?Saa9 ?-a?a37 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy o? F LED-Cj F ICE i t i e 1E P.'-,'O TH0°10 TA"' R` 2211 NOV 18 AM !D: is Richard W Stewart Solicitor American Express Bank, FSB vs. Edward H Powers (et al.) OMCE ;4 T?-E .-ERIFF CUMBERLAND LOUINITY PENNSYLVANIA Case Number 2009-658 SHERIFF'S RETURN OF SERVICE 11/10/2011 03:50 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M&T Bank at 921 Cavalry Road, North Middleton, Carlisle, PA 17013, Cumberland County, by handing to JULIE MYERS, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 15, 2011 to Edward H. Powers t/a H.I. Powers Mirror & Glass Serv. at 640 W. Main Street, P.O. Box 637, Palmyra, PA 17078. 11/10/2011 03:39 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M& T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JOAN CROWL, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 15, 2011 to Ed-Kat, Inc. at 640 W. Main Street, P.O. Box 637, Palmyra, PA 17078. SHERIFF COST: $473.44 November 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Tim ck, Deputy ,c GountySuite ShenR. Teeosott. Inc. Sklar - Markind Andrew Sklar, Esquire Sklar - Markind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 Attorneys for Plaintiff FILE NO.: A1001237 p r?LED-QF ICE jf{G p110THONOTARY 201 l DEC 21 AM 11 ? 49 Cu pENNSYLVANIATY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB No. 09-658 Plaintiff(s) TERM I CIVIL ACTION V. EDWARD H. POWERS to H.I. POWERS I I MIRROR & GLASS SERV. I 640 W MAIN STREET I PO BOX 637 PALMYRA PA 17078 and ED-KAT INC. 640 W MAIN STREET PALMYRA PA 17078 Defendant(s) I SOVEREIGN BANK I 921 CAVALRY RD CARLISLE, PA 17013 Garnishee I PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of plaintiff and against the above-named garnishee, SOVEREIGN BANK, in the sum of $2,883.59, the amount garnishee has admitted in its answers to a'wa ° IL1. 00 f4 0k.o 1s439 P_ It- vv!6-?' Noh-ve Ma d ` W interrogatories as being owing to the defendant and that is not greater than the sum due from defendant to plaintiff, calculated as follows: $16,412.77 Judgment Against Defendant $2,303.55 Interest from August 11, 2009 $500.00 Payments & Credits $423.00 Costs $18,639.32 TOTAL Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee. I certify that the precise address[es] of plaintiff, defendant[s], and garnishee are as set forth in the above caption. Andrew Sklar, Esquire Attorney for Plaintiff(s) JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236 Prothon ary . Sklar - Markind Andrew Sklar, Esquire Sklar - Markind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 Attorneys for Plaintiff FILE NO.: A1001237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB I No. 09-658 I Plaintiff(s) i TERM CIVIL ACTION V. I EDWARD H. POWERS to H.I. POWERS MIRROR & GLASS SERV. I 640 W MAIN STREET I PO BOX 637 I PALMYRA PA 17078 I and I ED-KAT INC. 640 W MAIN STREET PALMYRA PA 17078 Defendant(s) SOVEREIGN BANK 921 CAVALRY RD CARLISLE, PA 17013 Garnishee I 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Prothonotary By: Deputy IF YOU HAVE ANY QUESTIONS REGARDING THE ABOVE, PLEASE CONTACT: Andrew Sklar, Esquire (ID No.: 65332) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 Plaintiff VS. : CIVIL ACTION EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. Defendant INTERROGATORIES IN ATTACHMENT TO: SOVEREIGN BANK , Garnishee: You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him (her/them) on any negotiable or other written instrument, or did he (she/they) claim that you owed him (her/them) any money or were liable to him (her/them) for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant? YES, SEE ATTACHED 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had any interest? NO At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer or deliver any money or property tot he defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? NO 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 41 Pa.C.S § 8123? If so, identify each account. YES, SEE ATTACHED 9. How much is the value of any property in your possession belonging to the defendant(s)? SEE ATTACHED Date: November 1 2011 Andrew Sklar, Esquire Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 Disclosure You are hereby advised, pursuant to the Fair Debt Collection Practices Act, that this fine is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. ANSWERS TO INTERROGATORIES Account ## 0311148468 Balance: $2,905.00 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $2,60 5.00. Account Holder: H I BROWN MIRROR AND GLASS SERVICE 640 W MAIN ST PALMYRA, PA 17078-1510 Account # 1051083362 Balance: $22.96 Account Holder: EDWARD H POWERS KATHRYN A POWERS 851 KIEHL DRIVE LEMOYNE PA 17043-1201 Account # 1981023844 Balance: $28.23 Account Holder: EDWARD H POWERS KATHRYN A POWERS 851 KIEHL DRIVE LEMOYNE PA 17043-1201 Account # 2334024375 Balance: $27.30 Acount Holder: EDWARD H POWERS KATHRYN A POWERS 851 KIEHL DRIVE LEMOYNE PA 17043-1201 Account # 1984076000 Balance: $200.10 Account Holder: H I BROWN MIRROR AND GLASS SERVICE 640 W MAIN ST PALMYRA, PA 17078-1510 VERIFICATION I, John Gomes, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: John Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMERICAN EXPRESS BANK FSB VS. EDWARD H POWERS T/A H.I. POWERS MIRROR & GLASS SERVICE & ED-KAT INC CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Andrew Sklar, Esquire 102 Browning Road Bldg B-Suite 1 Cherry Hill, NJ 08003 Service by certified mail addressed as follows: EDWARD H POWERS T/A H.I. POWERS MIRROR & GLASS SERVICE & ED-KAT INC 640 W MAIN ST PALMYRA, PA 17078-1510 l ohn S. Gome /C.O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 November 23, 2011 Andrew Sklar, Esquire (ID#65332) SKLAR - MARKIND 102 BROWNING LANE, BLDG B, STE 1 CHERRY HILL, NJ 08003 (856) 616-8710 Attorney for Plaintiff(s) Our File Number: A1001237 l Ltd O{. i~ ?Lo 6t= ,.HE PROTHONOTAR 1012 JAN 20 PM 1: 0 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 Plaintiff TERM VS. CIVIL ACTION EDWARD H. POWERS T/A H.I. POWERS MIRROR & GLASS SERV. & ED-KAT INC. Defendant PRAECIPE TO MARK JUDGMENT AGAINST GARNISHEE SOVEREIGN BANK, SATISFIED TO THE PROTHONOTARY: Kindly mark the Judgment against the garnishee, Sovereign Bank, in the above matter satisfied. Date: January 12, 2012 An rew Sklar, Esquire Attorneys for Plaintiff ao? c9-z?d t 11045(v end ( gcn3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .. F I C a,?st Gt i 1,ur$rrf?i THE P',OTHONOIf,f ` Jody S Smith Chief Deputy 2012 MAR 20 AM 10: Richard W Stewart Richard r G , CUMBERLAND COUNT' PENNSYLVANIA American Express Bank, FSB vs. Case Number Edward H Powers (et al.) 2009-658 SHERIFF'S RETURN OF SERVICE 03/16/2012 10:05 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1005 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Edward H. Powers T/A H.I. Powers Mirror & Glass Serv. and Ed-Kat Inc. in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 19, 2012 to Edward H. Powers T/A H. 1. Powers Mirrlr & Glass Serv. at PO Box 637, Palmyra, PA 17078 and to Ed-Kat Inc. 640 W Main Street, Palmyra, PA 17078. SO ANSWERS, March 19, 2012 RON R A SON, SHERIFF oah Cline, Deputy Sheriff !cj Gounfy Suite Sheriff. ?eeosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 r_ Plaintiff co ii vs. 7' ' 7.u y rte: CIVIL ACTION rv EDWARD H. POWERS T/A H.I. POWERS C _ `r MIRROR & GLASS SERV. & ED-KAT INC. C-') .. Defendant ti rv _, r= ?j f INTERROGATORIES IN ATTACHMENT TO: SOVEREIGN BANK , Garnishee: You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him (her/them) on any negotiable or other written instrument, or did he (she/they) claim that you owed him (her/them) any money or were liable to him (her/them) for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant? YES, SEE ATTACHED At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had any interest? NO At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer or deliver any money or property tot he defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? NO 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 41 Pa.C.S § 8123? If so, identify each account. NO 9. How much is the value of any property in your possession belonging to the defendant(s)? N/A Date: March 6, 2012 Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID#52507) Sklar - Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 (856) 616-8710 Disclosure You are hereby advised, pursuant to the Fair Debt Collection Practices Act, that this firm is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. ANSWERS TO INTERROGATORIES Account # 1984076000 Balance: $0.00 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $0.00. Account Holder: H I BROWN MIRROR AND GLASS SERVICE 640 W MAIN ST PALMYRA, PA 17078-1510 Account # 0311148468 Balance: $0.00 Account Holder: H I BROWN MIRROR AND GLASS SERVICE 640 W MAIN ST PALMYRA, PA 17078-1510 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: (\, h , x4 4-A?? John Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: AMERICAN EXPRESS BANK FSB VS. EDWARD H POWERS T/A H I BROWN MIRROR AND GLASS SERVICE & ED-KAT INC CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s)- Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Andrew Sklar, Trustee SKLAR-MARKIND 102 Browning Lane Bldg B-Suite 1 Cherry Hill, NJ 08003 Service by certified mail addressed as follows: EDWARD H POWERS T/A H I POWERS MIRROR AND GLASS SERVICE & ED-KAT INC 640 W MAIN ST PALMYRA, PA 17078-1510 John S. Gomes C.O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 March 29, 2012 Andrew Sklar, Esquire (ID#65332) SKLAR - MARKIND 102 BROWNING LANE, BLDG B, STE 1 CHERRY HILL, NJ 08003 (856) 616-8710 Attorney for Plaintiff(s) Our File Number: A1001237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN EXPRESS BANK FSB :No. 09-658 Plaintiff TERM vs. : CIVIL ACTION EDWARD H. POWERS T/A H.I. POWERS a :=-n MIRROR & GLASS SERV. ter` & ED-KAT INC. Defendant - Q 6-1 r - PRAECIPE TO DISSOLVE ATTACHMENT C R3 . r s %-? _i cn , TO THE PROTHONOTARY: Please dissolve the attachment as to garnishee, Sovereign Bank, in the above captioned action. Date: April 14, 2012 I L/ Andrew Sklar, Esquire Attorneys for Plaintiff *Q.50 PO A7T1/ 1880(0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f t. r r?;rt; Jody S Smith Chief Deputy or f? Richard W Stewart Solicitor E L American Express Bank, FSB Case Number vs. Edward H Powers (et al.) 2009-658 SHERIFF'S RETURN OF SERVICE 03/16/2012 10:05 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 1005 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Edward H. Powers T/A H.I. Powers Mirror & Glass Serv. and Ed-Kat Inc. in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Beecher, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 19, 2012 to Edward H. Powers T/A H.I. Powers Mirrlr & Glass Serv. at PO Box 637, Palmyra, PA 17078 and to Ed-Kat Inc. 640 W Main Street, Palmyra, PA 17078. 10/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $97.66 SO ANSWERS, ?G October 19, 2012 RON R ANDERSON, SHERIFF .Sa L't- Po( 46f SHERIFF'S OFFICE OF CUMBERLAND COUNTY arson smith Deputy !1 I i'- S 22 111 ,chard W Stewart Solicitor American Express Bank, FSB Case Number vs. 2009-658 Edward H Powers (et al.) SHERIFF'S RETURN OF SERVICE 11/10/2011 03:39 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M& T Bank at 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to JOAN CROWL, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 15, 2011 to Ed-Kat, Inc. at 640 W. Main Street, P.O. Box 637, Palmyra, PA 17078. 11/10/2011 03:50 PM - Tim Black, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M&T Bank at 921 Cavalry Road, North Middleton, Carlisle, PA 17013, Cumberland County, by handing to JULIE MYERS, TELLER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 15, 2011 to Edward H. Powers t/a H.I. Powers Mirror & Glass Serv. at 640 W. Main Street, P.O. Box 637, Palmyra, PA 17078. 10/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $150.00 SO ANSWERS, October 19, 2012 RON R ANDERSON, SHERIFF .?.O0 PC(. Co- °c?,tG?S? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,nderson i S Smith ,lef Deputy - ' a r T22 AN Richard W Stewart Solicitor American Express Bank, FSB . Case Number vs Edward H Powers (et al.) 2009-658 SHERIFF'S RETURN OF SERVICE 05/23/2011 02:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2011 at 1425 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Edward H. Powers T/A H.I. Powers Mirror and Glass Service and Ed-Kat Inc., in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kristy Martson, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 05/23/2011 03:27 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2011 at 1517 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Edward H. Powers T/A H.I. Powers Mirror and Glass Service and Ed-Kat Inc., in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Carol Walter, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 25, 2011 to Edward H. Powers T/A H. 1. Powers Mirror and Glass Service at 640 W Main Street, Palmyra, PA 17078 and to Ed-Kat, Inc., at 640 W Main Street, Palmyra, PA 17078. 10/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $154.81 SO ANSWERS, .-? October 19, 2012 RON R ANDERSON, SHERIFF a -DO fd • &' 46 * g?? G?-? /21* a 5--xAF,3 Chad J. Julius Jacobson, Julius & McPartland Attorneys for the Plaintiff 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax). AMERICAN EXPRESS BANK, v. Edward H. Powers Kathryn A. Powers HI Powers Mirror and ED -KAT, Inc. Plaintiff JUL 16 pi-; 3: OUP1BERL,;P4D PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009-00658 Glass Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter the appearance of Chad J. Julius and Jacobson, Julius & McPartland on behalf of the Defendant, Edward H. Powers and Kathryn A. Powers, in the above matter. DATED: July 9, 2014 By: Respectfully submitted, Chad J. Julius No. 209496 Attorney for Defendants 8150 Derry Street, Suite A Harrisburg, PA 17111 717.909.5858 717.909.7788 [fax] CERTIFICATE OF SERVICE AND NOW, this 9th day of July 2014, I, Chad J. Julius of Jacobson, Julius & McPartland, attorney for Movants, Edward H. Powers and Kathryn A. Powers, hereby certify that on this day I served the within documents upon the person indicated below via the method described below of a true and correct copy of the same, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First -Class Mail, Addressed as Follows: David Dessen 102 Drowning Lane, Blg. B, Ste. 1 Cherry Hill, NJ 08003 Chad J. Julius Chad J. Julius Jacobson, Julius & McPartland Attorneys for the Plaintiff 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax) AMERICAN EXPRESS BANK, Plaintiff v. Edward H. Powers Kathryn A. Powers HI Powers Mirror and Glass ED -KAT, Inc. u r •.;f, 2 1'i JUL 16 PH 3: LQ CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009-00658 Defendants PRAECIPE TO TERMINATE JUDGMENT TO THE PROTHONOTARY: Kindly terminate the judgment entered against Edward H. Powers and Kathryn A. Powers per the attached certified copy of the bankruptcy court order referencing this case and attach a copy of this to the docket. Dated: July 9, 2014 Respectfully submitted, JACOBSON, ULIUS ' MCPARTLAND Cid J. 'lius Attorney for Defendants 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 IN THE UNITED STATES BANKRUPTCY COURT OF THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Edward H. Powers Idba. EdKat. Inc. fdba 11.1. Brown Mirror and Glass Kathryn A. Powers Debtor Edward H. Powers Kathryn A. Powers, Movants V. AMERICAN EXPRESS BANK. FSB Respondent : CHAPTER 7 : CA SE NO. I : 13-bk-01.681-RNO ORDER (ik i-ROIi.a JUL 16 i?,. C. C'UMBEREHNU COu i Y PENNSYLVANIA CERTIFIED FROM THE RECORD Dated: June 18, 2014 C t nb nI,. INplAyaerk UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(d) and Section 522(0(1) of the Bankruptcy Code, it is hereby ORDERED.AND DECREED that the relief prayed for in the Motion be, and hereby is GRANTED, to wit, the judgment of AMERICAN EXPRESS BANK, in the amount of $2,883.59 entered in Cumberland County at docket number 2009-658 be and hereby is avoided as it violates 1 1 U.S.0 Section 522(0(1) and interferes with 1 I U.S.C. Section 522(d); it is further. ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Court, Dated: July 30, 2013 Robert N. Opel, n, Bankruptcy Judge (DC) c?oCA)gyr e q?9k., 368S&i Case 1:13-bk-01681-RNO Doc 22 Filed 07/30/13 Entered 07/30/13 09:42:55 Desc Main Document Page 1 of 1 CERTIFICATE OF SERVICE AND NOW, this 9th day of July 2014, I, Chad J. Julius of Jacobson, Julius & McPartland, attorney for Movants, Edward H. Powers and Kathryn A. Powers, hereby certify that on this day I served the within documents upon the person indicated below via the method described below of a true and correct copy of the same, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First -Class Mail, Addressed as Follows: David Dessen 102 Drowning Lane, Blg. B, Ste. 1 Cherry Hill, NJ 08003