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HomeMy WebLinkAbout09-609219/ Dessen, Moses & Rossitto avid S. Dessen, Esquire Identification No. 17627 600 Easton Road Willow Grove, PA 19090 (215) 658-1400 AMERICAN EXPRESS BANK, FSB vs. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSEIN t/a CARLETON COMM. INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: oq - tp0gA Cwi l_lerM and CARLETON COMMUNICATION, INC. NOTICE TO DEFEND - CIVIL YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 APPEARNACE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBEJCTIONS 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, GOTO 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 1-800-990-9180 717-249-3166 DESSEN, MOSES & ROSSITTO DAVID S. DESSEN, ESQUIRE Identification No. 17627 600 Easton Road Willow Grove, PA 19090 (215) 658-1400 AMERICAN EXPRESS BANK, FSB P.O. Box 981535 El Paso, TX 79998-1535 Plaintiff VS. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN t/a CARLETON COMM. INC. 937 Nixon Drive Mechanicsburg, PA 17055 and CARLETON COMMUNICATION, INC. 937 Nixon Drive Mechanicsburg, PA 17055 Defendants Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 7to,D9- GU9e1 C juu-d `7-tcm, 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, TX 79998-1535. 2. Defendant, CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN d/b/a CARLETON COMM. INC., is an adult individual with an address of 937 Nixon Drive, Mechanicsburg, PA 17055. 3. Defendant, CARLETON COMMUNICATIONS, INC. is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principle address of 937 Nixon Drive, Mechanicsburg, PA 17055. 4. At the specific request of the Defendants, Plaintiff established an American Express Platinum Delta Sky Miles Business Credit Card Account bearing number 3712-723031-03002 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." 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 July 5, 2009, there is currently due and owing to the Plaintiff $37,529.97 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 27.24% per annum. 9. There is currently due $1,652.51 in interest calculated at the contract rate from July 5, 2009 through September 2, 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 $7,836.50, which is equal to twenty (20%) of the amount due, is just and reasonable compensation for the services rendered by its attorneys. WHEREFORE, Plaintiff American Express Bank, FSB demands judgment in its favor and against Defendants CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN, d/b/a CARLTON COMM. INC. and CARLTON COMMUNICATIONS, INC., as follow: Principal $37,529.97 Interest through September 2, 2009 $1,652.51 Attorney's Fees $7,836.50 plus per diem interest in the amount of $28.01 from September 2, 2009 to the date of judgment and costs of suit. Dated: September 2, 2009 DESSEN, MOSES & ROSSITTO BY: DAVID S. DESSEN, ESQUIRE Attorney for Plaintiff 2 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. cc?5w??. DAVID S. DESSEN DATE: Ott CA I Oct FDR815215_PALL.vl 2/12/07 9:37 AM Page 1 MRB15215 'This document and the accompanying supplement(s) constitute your Agreement. Please read and keep this Agreement.: Abide by its terms. %hen you keep, sign or use the Business Card issued to you (including any renewal or replacement Business Cards), or you use the account associated with this Agreement (your 'Card Account"), you agree to the terns of this Agreement. The words "you, "your" 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 use in connection with the Card Account. You will be called a "Business Cardmember" or "Additional Cardmember" 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 applica- tion for the Card Account The term "Company" means the company, corporation or firm in whose name the Business Card Account is cstab- lished. The Company, Basic Canlmember and .Additional Canimembers agree, both jointly and individually, to be bound by the terms of this Agreement. The terns "Card" refers to the American Express" Business Card issued to you, all other Business Cards issued on your Card.Aecount, and any other device (such as Card Account numbers) with which you may access your Card Account. "We." "au" and "us" refer to American Express Bank, FSB, the issuer of your Card Account You may use the Card to obtain goods and services from any person who accepts the Card ("'Purchase(s)"). You agree that you will use the Card for commercial or business purposes. You may also use the Card to obtain loans ("Cash Advance(s)") through various means we may, make available (e.g., ATM machines) up to the applicable limits on your Account. At our discretion,we may permit you to transfer balances from other accounts to your Account ("Balance Transfer(s)"). At our discre- tion, we may issue convenience checks that you can use to access your Account. Each convenience check may be used only by the Basic Cardmember. Y'ou may not use mriven]ence checks to pay any amount you owe under this Agreement or to pay any other account you have with us orour affiliates. Transactions you make in response to promotional offers from us will be subject to the tenths of the promotion and this Agreement. All amounts charged to yourAccount, including Purchases. Cash Advances, Balance Transfers, convenience checks, annual fee(s), if any, any amounts guaranteed by use of the Carl, other fees, and any Finance Charges, are "Charges." A convenience check that we identify as having been made payable to cash, to you, or to a bank, brokerage or similar asset account, or to a mortgage provider or insurance provider will he treated as a Cash Advance Any other convenience check and/or a Balaricc Transfer will be treated as a Purchase, except as otherwise noted. If you make a Purchase or a Balance Transfer. or use a convenience check, that is governed by a promotional offer from its, the Charge will be included in a Promotional Balance, unless we notify you otherwise. You agree not to let are person use a Card except a Candmenber whose name is on it. You agree to noddy us if the Card is lost or stolen, or you suspect that it is being used without your permission. You agree to use the Account only for Purchases. Cash.Advances. or Balance Transfers that are lawful and are permitted under this Agreement. We may issue you renewal or replacement Cards before a previously issued Carta expires. If you or an Additional Cardmember authorize a third party to bill Charges on a recurring basis to your Account ('Recurring Charge(s)"), we may (but are not required to) provide such third party with your cum nt Account stares, Card number and/or expiration date to permit that third party to continue billing your Account.We may take such steps even if vour account number changes or if we issue a renewal or replace- ment Carl to you or an Additional Cardmember_ To withdraw authorization for a Recurring Charge. you must notify the third party. A portion of your credit line may, be available to you for Cash Advances up to your Cash Advance limit. We may, at any time and in our sole discretion, increase and/or decrease your credit line and Cash Advance limit We may limit Charges at an automated teller machine to the lesser of (]) a total of $1,000 in any seven-day period, or 00 the remaining amount of the Cash Advance Limit on your Account, and we mac impose additional limits at our sole discretion (in addition to any limits impose([ by the ATM's owner). Your billing statements will show your credit line and Cash Advance limit and the unused portions of such line and limit as of the statement date. You agree to manage your Account so that vour balance for Cash Advances (including fees and Finance Charges) will not exceed the Cash Advance limit and your overall balance (including fees and Finance Charges) will not exceed your credit line. You agree to pay us, immediately upon request, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline any attempted Charge, even if the Charge would not cause you to exceed your credit line or limit. We are not responsible for any losses or other consequences if a trans- action on your Account is not approved for any reason, even if you have sufficient credit available. Except as otherwise required by applicable law. we will not be responsible if any merchant refuses to honor the Can] or for any other problem you mac have with a merchant We may periodically re-evaluate your credit standing and in Connec- tion with such re-evaluation you agree to provide us, upon our request, copies of such documents we may request including, but not limited to, bank statements and tax returns. You promise to pay all Charges, including Charges incurred by.Additional Cardmembers, on your Account. This promise includes any Charge for which you or an Additional Cardmember indicated an intent to incur the Charge, even if you or the Additional Cardmember have not signed a charge form or presented the Card. You also promise to pay any Charge incurred by anyone that you or an Additional Cardmember let use the Card, even though you have agreed not to let anyone else use the Card. Status of and Responsibility for Basic and Additional Cardimerribers Additional Cardmembers do not have accounts with us. instead, they are authorized users on the Cana Account, and the Cards issue([ to them may be canceled by the Basic Cardmember or Company or us at any time. You must notify its to revoke art Additional Cardmember's permission to use the Card Account. The Company and the Basic Cardmember are respon- sible under this Agreement for all use of the Cana Account by the Basic Cardmember and Additional Candmembers, and by anyone else the Basic Cardmember or an Additional Cardmember lets use the Card, and the Charges they incurwill be billed to the Basic Cardmember The Company and the Basic Cardmember have this responsibility, even if they did not intend for an Additional Cardmemlxtt, or other person, to use the Can] for any transactions. The Company and the Basic Cardmember are also responsible for any losses as well as any other consequences related to or resulting from actions taken by any third parties authorized to act on behalf of the Company and the Basic Cardmember. Notwithstanding the Company's and the Basic Cardmemberi respon- sibility for all use of the Card Account, by each use of the Additional Card to incur Charges, the Additional Cardmember indicates his or her agreement to pay us for the Charge if the Company and/or tie Basic Cardmember fail to or reuse to pay it, and we may, at our discretion pursue Additional Camimembers for payment of Charges they incur or authorize even though we send bills to the Basic Cardmember and not to Additional Cardmemben. The Company and the Basic Cardmember authorize us to provide Card Account information to Additional Cardmembers and to discuss the Card Account with them. The Basic Canimember agree: to notify each Additional Cardmember at the time he or she becomes an Additional Cardmember, that we may receive, record, exchange and use information about him or her in the same manner we do with information about you, as described below in the CONSUMER/BUSiNESSREPORTS. TELEPHONE MONITORING/ RECORDING, and SUSPENSION/CANCEI,IATION sections of this Agreement. ?jt;2?]r IteucBnC.litiiltrn ilAi i?tii???IT? 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 to receive the bills at the mailing or c-mail address provided by the Basic Cardmember The Company or Basic Cardmember must notify is 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 Billing Address change to apply to more than one account you maintain with us, you must tell us. You agree that we may also update your Billing Address if we receive informa- tion that vour Billing Address has changed or is incorrect. The Company or Basic Cardmember must also notify us immediately of any change in the Basic's or the Company's mailing address, telephone or fax number, the Company's name or the Company's state of incorporation ororgani- zation, changes to your social security ' number or employer ID number, and any other information we may request. The "New Balance" appears on your billing statement. To determine the New Balance, we begin with the outstanding balance on your.Account D (2) 25660 MV07) at the beginning of each billing period, called the "Previous Balance" on the billing statement. We add any Charges, subtract any credits or payments credited as of that billing period, and make other applicable adjustments. Each billing statement will reflect a Minimum Amount Due. Payment is due by the time and date shown and in the manner prescribed on the statement. To calculate the Minimum Amount Due we will add together the following: (1) any amount past due; (2) the greatest of • 1/50th of the New Balance on the Closing Date of the billing statement (the calculation of which is rounded to the nearest whole dollar) (for purposes of this calculation we exclude from the New Balance any over-limit fee added to your.Aceount [luring the billing period), • the current billed Finance Charges, or • S15 (or the New Balance if it is less than $15); and (3) any over-limit fee added to Your Account during the billing period If the greatest of the three calculations in section (2) above is the current billed Finance Charges, then we will add S15 to the calculation of the Minimum .Amount Due. At our option, we may also include in the Minimum Amount Due all or part of otter fees incurred during the billing period and any part of the New Balance in execs of your credit line. The Minimum Amount Due %ill not exceed the New Balance. You may pay more than the Minimum Amount Due, up to the entire outstanding balance, at any time. All payments must be sent to the payment address shown on your billing statement and must include the remittance coupon from your billing statement. You must pay its in U.S. currency, with a single draft or check drawn on a U.S. bank and payable in U.S. dolla<, or with a negotiable instrument 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 Account number must be included on orwith 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 sped tied on your billing statement will be credited to your Account as of the day received; payments conforming to the above requirements that we receive after the hour specified on your billing statement will be credited to your Account as of the following day. If payment does not conform to the requirements stated above, cred- iting may be delayed. If this happens, additional Charges may be 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 under 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. Subject to aly livable kaw, we will rspplt andalloaitepalements and credils among bakincei and Cfiargev on yourAcro not in arty owner (aid manner determined by its in oar sole divcredion. in most cases, we will apply and allocate payments first to balances at lower Annual Percentage Rates ("APRs') and then to higher APR balances, and apply Purchase credits first to the balance from which the corresponding debit originated. However, for servicing, administrative, systems or other business reasons, we may apply and allocate payments and credits among balances and to Charges on your Account in some other order or manner that we may, determine in our sole discretion. You agree that we have the unconditional right to exercise this discretion in a way that is most favorable or convenient to uti. When you provide a check as payment, you authorize us to use infomia- don from your check to make an electronic fund transfer from your account or to process the payment as a check transaction. If we process your check electronically funds may be withdrawn from your bank or asset account as soon as the saute day we receive your check. Also, if we process your check electronically, you will not receive that cancelled check with your bank or asset account statement. i FDR815215_PALL.v2 2/13/07 3:08 PM Page 2 A. Finance Charges begin to accrue for each Charge as of the date the Charge is added to the daily balance, as described below. If payment in hill for any Ncwv Balanceshown on the statement for a billing period is credited to your Account by the Payment Due Date shown on that statement, then Finance Chargers will not accrue for Purchases from the date on which proment in full of that New Balance is credited to your Account until die end of the billing period in which such payment is credited to your Account. In addition, Finance Charges will not accrue for Purchases during a billing period if (a) the Previous Balance shown on the billing statement for that billing period is zero or acredit balance, or (b) payment in in] I for die New Balance, if arty, shown on the statements covering the two immediately preceding billing periods is credited to your Account by the respective Payment Due Dates shown on those statements. For Pit pos s of this paragraph. Purchases do not include Balance Transfersorconvemencechecks'. B. The Daily Periodic hate ("DPR") for Purchases and the DPR for Cash Advances are. each based on an APR, which may vary, or which for Purchases may be fixed as set forth in the supplement. If the APR is variable, the APR is hased on the Prime Rate described below. The APR for Cash Advances is the Prime Rate plus 14.99%. A DPR is 1365th of the APR. Your DPRs and APRs, variable or fired. appear on the accompanying supplement(s). When an APR changes, we apply it to any existing balance subject to that rate. C. The 'Prime Ratc' is determined once with respect to each billing period. The Prime Rate for each billing period is the Prime Rate published in the Abney Rates section (or successor section) of The Wall SireetJournal on (a) the first day of that billing pedal 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 aday is not a customary publication day for7be Wall,Vrvet Journal, we will substitute the closest preceding day that is a customary publication day. lf7be 11"WI StreelJournal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, orwe may substitute a similar reference rate at our sole discretion. Any increase or decrease to an APR resulting from a change in the Prime Rate takes effect: vs of the first dayof the billing period. An increase in the Prime Rate means that de variable APRs (and corresponding DPR,s) applicable m yourAccount wild increase and you may incur higher Finance Charges and may have a higher Minimum Amount Due. D. The DPR (and corresponding APR) on all balances may increase under the following circunnstances (1) the DPR (and corresponding APR) on Purchases will increase to the Default Rate, which is a DPR that corresponds to an APR equal m the Prime Rate plus 15.99%, and the DPR (;red corre- sponding APR) on Cash Advances will increase to the Default Rate, which is a DPR that corresponds to an APR equal to the Prime Rate plus 21.99%, if during the Review Period a payment of your Minimum Amount Due is not credited to your Account by the Paynnent Due Date mail y two billing periods. The "Review Pedal" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement foreach such billing period. If these Default Rates are applied, they will apply to your Account for a minimum of twehe consecu- tive billing periods, beginning with the current billing Period, unless you have triggered a higher APR based on the criteria described in subsection (2) below. (2) Notwithstanding the foregoing, the DPR (and corresponding APR) on all balances will increase to a Default Rate which is a DPR that corresponds to an APR equal to the Prime Rate plus 21.99%, if during the Review Period (a) a payment of your Minimum Amount Due is not credited myour Accotmt by the Payment Due Date in any three or more billing periods, (b) a payment of your Minimum Amount Due is not credited to your Account by the Payment Due Date in any two consecutive billing periods, (c) a payment on your Account is not honored by your bank or other financial institution, or (d) you exceed any, desig- nated credit limit on your Account three or more times. if this Default Rate is applied, it will apply to yourAccount for a minimum of twelve consecutive billing periods, beginning with the current billing period. E. We may decide not to increase the DPRs (and corresponding APRs) applicable to your Account as set forth in paragraph D above. If we decide not to do so, we still have the right to subsequently increase the DPRs (and corresponding APRs) applicable to your Account in accordance with paragraph D above and the other provisions of this Agreement ,Any balances transferred fioin another account to this Card Account shall be governed by the temps and conditions of this Agreement, unless notified otherwise. !M 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) separately for each balance subject to Finance Charges. Different periodic rates may be used for different balances. For example, different DPRs may be applied m separate balances, such as Purchase, Cash Advance, and Promotional Balances. To get the Average Daily Balance for each balance, we (1) take the beginning balance for each (lay fine] tiding unpaid Finance Charges from previous billing periods), (2) add any new, transactions, debits, or fees, (3) subtract any payments or credits credited as of that day, and (4) make any appropriate adjust- ments. For each dry after the first dad, of the billingpenod, we raLo add an amount oJ'interest equal to thepreuious dens dai1j, babmce mull#)AaJ by the DPR for the balana. This gives us the dally balance for the particular balance for that day and the beginning balance for that balance for the next day. if this balance is negative, it is considered to be zuro.'I'hen, we add up all the daily balances for each balance for the billing period and divide the total by the number of days in the billing period. This gives us the Average Daily Balance for that balance. If you multiply the Average Daily Balance for each balance by are number of days in the billing period and the DPR for that balance, the result will be the Finance Charge assessed on that balance, except for variations caused by rounding. The total Finance Charge for the billing period is calculated by adding the Finance Charges assessed on all balances of the Account. 77WF method cfcalculaling lbeAmrage Daily tlalance and Finance Charge revulhs in dru(y compounding of Finance Charges. We may use 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 mathematically 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 transac- tions 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: we add a Cash Advance or Purchase to the appropriate dally balance as of the date of request or the transaction date on the billing statement. We add a convenience check to the appropriate daily balance as of the (late of first deposit. We add a Balance Transfer other than through a convenience check to the appropri ate daily balance as of the date of the request. we add periodic Finance Charges to the daily balance as described above. We add any other Charge to the appropriate daily balance as of the date of the transaction. Periodic Finance Charges are added to the outstanding balance at the end of the billing period for which Finance Charges are calculated. In any, such billing period, we will impose a minimum Finance Charge of $0.50, which will be added to the balance with the highest APR unless, forour convenience and in oursele discretion, we choose to add it to a balance with a lower APR. In our sole discretion, we also may round any calculations made in determining the Finance Charges on your Account in any way that is convenient to us. Any such rounding may apply to or cause variations in your DPRs. The annual fee for the Basic Delta Card and up to two (2) .Additional Cards is $55 unless you are also the Basic Cardmember for a Business Gold Card, Executive Business Card, Business Platinum Card., or Business Centurion" Card ("Qualifying Business Charge Card Product') Account, in which case there is no annual fee for the Basic Can] and up to two (2) Additional Cards. The annual fee for the Basic Gold Card and up to two (2) Additional Cards is $85 unless you are also the Basic Cardmember for a Business Gold Card, Executive Business Card, Business Platinum Card or Business Centurion Card ("Qualifying Business Charge Card Product") Account, in which case the annual fee for the Basic Cana and up to two (2) Additional Cards is $30 per Card. The annual fee for the Basic Platinum Card and up to two (2) Additional Canis is $135 unless you are also the Basic Cardmember for a Business Gold Card, Executive Business Card, Business Platinum Cad or Business Centurion Cans (" Quali fling Business Charge Card Product') Account, in which case the annual fee for the Basic Card and up to two (2) Additional Cards is $80. We may assess a Late Fee if a payment of at least die Minimum Amount Due is not credited to your Account by the Payment Due Date. The f DR 815215 amount of the Late Fee depends on the amount of the Previous Bill ancc on the statement on which the Late Fee appears, as follows: f1m*14vBrrlrma fPle Fa Less than $400 $19 $400 or greater $38 .,, We may charge the following fees to your Account, subject to applicable law. Except as otherwise noted, these fees will be added to the Purchase Balance. 7. Dubonored Papments: We may charge a fee of 5,38 whenever any check, similar instrument, or electronic payment order that we receive as payment on yourAccount is not honored upon first prey-mment. If a Card is presented in connection with cashing a check at an American Express Travel Service Office or other authorized location and the check is not honored, we may charge a fee of $38. (We will also add a Charge to the Cash Advance balance of your Account in the amount of the check that was not honored.) 2. SYop Pegnienl (hderr W'e may charge a fee of $29 each time we receive a request to stop payment on a convenience check drawn on your Account. 3. Over-limit Fee: We may charge a fee of $35 in each billing period the New Balance on your statement exceeds your credit line. 4. Cavh Transaction FeeforBuvineu Checks: We may charge a fee for cash checks of the greater of 3% of the transaction or $5. This fee is a FINANCE CHARGE. For purposes of this Agreement, a 'cash check' is any American Express Business Check you make payable to any of the following payees: cash, yourself, your company, any Addi clonal Cardmember and brokerage accounts/dealers/stockbrokers/'invest- merit funds/investment accounts. 5. Balrance Maraefer Fee We may assess a transaction fee foreach Balance Transferon yourAccount as disclosed in the applicable Promotional Offeror at the time of the transaction. This fee, if assessed, is a FINANCE CHARGE. 6. ATM Fee: We. will impose a fee each time a Card is used to obtain cash or any other services from an ATM. This fee will be 3% of the amount of the cash withdrawn or other services obtained (including any additional fee imposed for use of the XFM by its operator), with a minimum of S 5. This fee will be added to the Cash Advance hal ante. M, _1M_1MrTM#FTn-.Ml In addition to any other anions we may take under this Agreement, we may suspend or cancel your Account or any feature offered in connection with yourAecount, we may reduce your credit line orcash advance limit (including to a level below your outstanding balance), we may convert the outstanding balance or any portion thereof due to a fixed payment plan (the tears of which will be communicated to you upon conversion and which will require payment of the outstanding balance in equal monthly installments, including finance charges, over a period of, at our option, up to 60 months, and permit you to pre-pay the outstanding balance without a pre-payment premium for a period of time to be specified in the tents to be communicated to you), and/or we may suspend or cancel the authorization of any Additional Cardmember to make Charges to your Account, at our sale discretion at any time, with or without cause, whether or not your Account is in default, and without giving notice, subject inapplicable law. Any such action on our part will not cancel your obligation to pay all Charges due on your Account under the terns of this Agreement in effect at the time of such action or as subsequently 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 Cardmembers have been canceled, awe cancel the Card or it expires, you may no longer use it and you must destroy it or return it to us or, if %c request, to a third party. If you want to cancel the Account or any.Addidonal Cards, you must notify us and destroy the Card(s). If we agree to reinstate your Account after a cancellation, the new Agreement we send you (o5 if we do not send you a new Agreement, this Agreement as it may be amended) will govern your remstated.hecount. When we reinstate your Account, we may reinstate any Additional Cards issued in connection with your Account, and bill you the applicable annual fee(s). We may consider your Account to be in default at any time if you fail to pay us any amount when it is due, or if you breach any other promise or obligation under this Agreement. Subject to applicable law, we may also consider yourAccount to be in default at any time if am statement male by you to us in connection with this Account or any othercredit program was false or misleading; if you breach any promise or obligation under any other agreement that you roay, have with us or with any of our affiliates: if we receive infomna- tion indicating that you are bankrupt. intend to file bankruptcy, or are i FDR815215_PALL.vl 2/12/07 9:37 AM Page 3 unable to pay your debts as they become due; or we receive information leading us to conclude that you are otherwise not creditworthy. In evalu- ating 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 carrying compared to your resources or any other of,our credit characteristics, regardless of your performance on this Account. We may also consider your 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 require payment of a portion of your outstanding balance greater than the Minimum Amount Due, declare the entire amount of your obligations to us immediately due and payable, anti/or suspend or cancel your Account antVor any feature that may be offered in connection with the Account. You agree to pay all reasonable costs, including reasonable attorneys' fees, incurred by us (1) in connection with the collection of any amount due on your 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 any, default on your Account. Transactions Made In Foreign Currencies If you incur a Charge in a foreign currency, it will be converted into U.S. dollars on the date it is processed by us or our agents. Unless a particular rate is required by applicable law, you authorize us to choose a conver- sion rate that is acceptable to us for that date. Currently, the conversion rate we use for a Charge in a foreign currency is no greater than (a) the highest official conversion rate published by a government agents, or (b) the highest interbank conversion rate identified by us from customary banking sources, on the conversion date or the prior business day: in each instance increased by 2%. This conversion rate map differ from rates in effect on the date of your Charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Subject to applicable law, we have the right to add, modify or delete any benefit, service, or Feature that may accompany your Account at any time and without notice to you. Pur/raw.. This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) maybe arbitrated instead of litigated in court. DefibulAoris. As used in this Arbitration Provision, the tens "Claim" means any claim, dispute or controversy between you and its arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ("Agreements"), except for the validity, enforceability or scope of this Arbitration Provision or the Agreements. For purposes of this Arbitration Provision. "you" and "us" also includes any corporate parent, or whelk, or majority owned subsidiaries, affili- ates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employers, directors and representatives of any of the foregoing, and other persons referred to below in the definition of Claim." "Claim" includes claim of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third- party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity "Claim" 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 burearts, third parties who accept the Card, third parties who use, provide or participate in fee-baud 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 parry 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 us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and 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) advertisemmrits, promotions or oral or written state- ments related to any such accounts, goods or services financed under any of the accounts or the terms of financing. (c) the benefits and serv- ices 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 municipalityso long as the Claim is individual and pending only in that court. Inilialbon ofArbilratinn 1- oceedhi g&h ction Q/AtIministrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this.Arbitration Provision and the code of procedures 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 Code conflicts with this Agreement. Claims shall he referred to either the National Arbitration Foram ("NAF") 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 unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to sere as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: • NAF at P.O. Box 50191, Minneapolis, MN )5405; website: www.arbitration-forom.com. • AAA at 335 Madison Avenue, New York NY 10017; WVbSile: www:adrorg. SigniJrumce of Arbitration: IF ARBITRATION IS CIIOSEN BY ANY PARTY" WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE VII. HAVE. THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THNI' CLAIM. FURIIIER, YOU AND WE WILL NOT HAVE THE RIGHT'ro PM riclPArE IN A REPRESEN'1'A'll\'E CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH RFLOIX', THE ARBITRATOR'S DECISION RILL BE FINAL. AND BINDING. NOTE THAT OTHER RIGHTS11LA'1' YOU OR WE WOULD HAVE IF YOU WL'NT TO COURT ALSO MkY NOT BE .MAILABLE IN ,ARB171TW'ION. Restrictions on Arbitration: IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITHATION'I'INT CLAIM SIVtLL BE ARBITRATED ON AN INDDTDUAL. BASIS. THERE SHALL. BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ,ARBITRATED ON A CLASS ACTION BASIS OR ON VASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESEN- TAIIVE CAPACITY ON BEHALF OF IIIE GENERAL PUBLIC, OT'IIER CARDNIENIBERS OR OTHER PERSONS SINIILARLY SI'rUA1'ED. The arbi- trator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by Lis against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unlessagreed to in writing by all parties. No arbitration award or deci- sion will have any preclusive effect as to issues or claims in any dispute with anon wino is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including but not limited to the "Continuation" provision below) and without waiving either party's right to appeal such decision, should any portion of this "Restrictions on Arbitraboon" provision be deemed invalid or unenforceable, then the enure Arbitration Provision (other than this sentence) shall not apply. Arbitration Procidurev: 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 amended (the "FAA"). The arbitration shall be govemed by the applicable Code, except that (to the extent enforceable under the FkO 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 privi- lege recognized at law and, at the timely request of either pam; shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be govemed by any Federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbi trator to expand the scope of discovery under the applicable Code. The party submitting such a request must provide a copy to the other party, 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 discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the awanf tendered 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 tie FAA. However, any party can appeal that award to a three-arbitrator panel achr nis- tered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing parry shall have thirty (30) clays From the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed witi the arbitra- tion organization in the form of a dated writing. The arbitration organization will then notifv the other party that the award has been appealed. The arbitration organization will appoint a three-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 tie appellant's written notice. ITme decision of the panel shall be by majorty vote and shall be final and binding. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your resi- dence. You will be responsible for paying your share, if any, of 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 faith 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 arbitration fees in excess of your share if you do not prevail in any arbitration with ms. Continuation: This Arbitration Provision shall survive termination of your accounts as well as voluntary payment of the Account balance in fill 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 its of your Account (and in the case of sale, its terms shall apply to the buyer of any of your Account). Except as otherwise provided in the "Restrictions on Arbitration" provision above, if any portion of this Arbitration Provision (other than the "Restrictions on Arbitralton" 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 regartlless of stitch 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, shall not constitute a waiver of such rights on any other occasion. Consurner/Bushiess 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 or busi- ness reports and other sources, and to use such information for any purposes, subject to applicable law. You authorize us to furbish information concemingyour.Account to consumer reporting agencies, or others, subject to applicable law. If you believe information we have famished about your Account to a consumer reporting agency is inaccurate, you should write to us at: American Express Credit Bureau Unit, P.O. Box 7871, Ft. Lauderdale, Fl, 33329-7871 and identify the specific information you believe is inaccu- rate. You are hereby notified that information about your 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. You agree that from time to time we may monitor and/or record tele- phone calls between you or Additional Cardmemloers and us to assure the quality of our customer service or as required by applicable law. American Express has entered into contracts that enable the Card to be accepted at certain federal government agencies and departments ("Agencies"). As with Card transactions at commercial establishments, when you choose to ttse your Card at an Agency, certain Charge infonna- don is necessarily collected by us. Charge information from Carl 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. Add tional "routine uses" of Charge Information by Agencies are published periodically in the 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 van' by provider and product. Also, we may receive additional compensation or financial benefit when AMEX Assurance Company or another American Express entity acts as the insurer or reinsurer for these products. The arrangements we have with providers, including the poten- tial to insure or reinsure products, may also influence what products and providers we identify. Any notice given by us shall Ie deemed given when deposited in the IIS, mail, postage prepaid, addressed to you at the latest Billing Address shown on our records. FDR815215_PALL.vl 2/12/07 9:37 AM Page 4 Changing this Agreement/Assignment of this Agreement We may change the tem is of or add new temvs to this Agreement at any time, in accordance with applicable law. We may apply any changed or new terms to any then-existing balances on your Account a e, well as to future balances. This written Agreement is a final expression of the agreement between the creditor and the debtor and the written Agreement may not be 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 vour Account or any of your obligations under this Agreement. In the event you dispute a Charge and we credit your Account for all or part of such disputed Charge, we automatically succeed to, and you are automatically deemed reassign 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 die amount we credited to your Account. After we make such credit, you agree that without our consent you will not pursue any claim against or trimbutsenient from such third party for the amount that we credited to your Account, and that you will cooperate with us if we decide to pursue the third party for the amount credited. This Agreement acid 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 applicable federal law. We are located in Utah, hold Your Account in Utah, and entered into this Agreementwith you in Utali. 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. zorm if you think your statement is wrong or if you need more information about a transaction on your statement, write his on a separate sheet 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 die first statement on which the error or problem appeared. 1'ou can also telephone ms, but doing so will not preserve your rights under this procedure. In your letter, give us the following information: • four name and account number. • The dollar amount of the suspecteil error. • Describe the error and explain. I you can, why you believe them is an error if you need more information, describe the item you are not sue about. liven have authorized us to payyour account statement automati- cally from your savings, checking or other account. Vol] can stop 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 scheduled 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 into collect any amount you ques- tion or reportyou as delinquent. We can continue to bill ,on for the amount you question, including Finance Charges. You do not have to pay any questioned amount while We are 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 yourstatement, you will not have to pay any Finance Charges related to airy questioned amount. If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on die 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) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement, and we will tell you the name of anyone we reported you to. We will tell anyone vve report you to that die matter has been settled between as when it finally is. If we do not follow these rules, we will not collect the first S50 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 due on the property or services. 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 must have been more than 550. These limitations do not apply if we own or operate the merchant. or if we mailed you the advenisement for the property or services. Note for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon re picst. The Ohio Civil Rights Commission administers compliance with this law. V„rvejiue w Ilvlvs ee ii Cazrc3mentbvr anit inner icari f? Al,rt Tray eel 11"hite•v3. St'i ekes Cmujpillly°°. talc. Cmic mint F,Ieetrriaiic- Fillid Tran,fc r `?e rv ice, ONCE YOU ENROLL IN PAY BY 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"). 11111,1 This F.FPAgreement covers your participation in the Program. In this EFT Agreement, the words "you" and "your" refer to the Basic Cardmember and also include all Additional Cardmembers who have enrolled in the Program. The words "we," "our" and "us" refer to American Express'Travel Related ServicesComparyt Inc. Thewords your American Express. Accounts" refer to your card account governed by your CardmemberAgreement ("Card Account") or any other American Express Accounts that we permit you to enroll in the Program. The 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 flmh 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 Account hill electronically using a computer, phone or other device. Your Account is governed by the Cardinember Agreement that is attached to this L'171'Agreement. That agreement and the capitalized terms in it also apply here. Payment for Cash Transactions 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 amount of the Account bill you paid or other funds transfer you authorized, plus any applicable fees or charges. We may charge a fee of $38 for each check or ACI I debit drawn by us or our agent in connection with the Program that is not honored upon first presentment, subject to applicable law. Your bank may also assess its customary charge for such items, if any. If am chock or ACII debit drawn by us or our agent in connection with the Program is not honored by your bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred to above, to the Card Account or to collect 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 its or with a participating bank, securities firm, or other financial institu- tion that allows a line of credit to be accessed in the event that your flank Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating 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 a transaction under the Program has been made withoutyour authorization. Telephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two days after you learn about it you noO, us that the transaction was unauthorized, we will not hold you liable for that transaction. In ally event, even if you fail to notify us, your liability for any unauthorized transaction orserles of related unauthorized transactions shall not exceed 550. If you believe that someone has transferred or may transfer money from your Ban k Account without permission, call:)-800-28- 4800 (within U.S.) or 1-336-393-1111 (outside U.S.) anytime, orwrite: American Express Credit Department, P.O. Box 5,3830. Phoenix,:trizona 85072-3530. If a transaction is not completed as you have directed or if we do not complete a transfer to or from your P,ank 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 aresome exceptions. We will not k liable to you in the following instances: • if, through no fault of ours. your Batik Account does 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 the time of the attempted transaction subject to legal process or other encumbrance restricting the 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: • r any other exceptions stated in this EFT Agreement 19 v For purposes of this EFF Agreement, our business days are Monday through Friday. Holidays are not included. The Carl.Account is governed by the Cardmembcr Agreement contained herein. The Arbitration provision contained within that agreement applies to this EFT Agreement. Please refer to that provision as you read this EFT Agreement. 0". r Electronic funds transfers you initiate pursuant to this FIT Agreement are covered by the American Express Privacy Policy, a copy of which was given to you together with your American Express Card. To view our Privacy Policy online, please visit aniericanexpress.com. How to Contact Us If for any reason you wish to convict us about the Program, about Your participation in the Program, or about transactions relating to the Program, write or call us as follows: Address: American Express Travel Related Services Company, Inc., Electronic Funds Services, P.O. Box 297815. Ft lauderlale, Fl 33329- 71815 ore-mail us by clicking on the Customer Service link online at www.amencanexpress.com.Telephone: 1-800-CASH-NOW, 24 hours aday, seven days a week. IUKOFTzn1M Write or callus at the number or address given above as soon as you cart 9 you think your statement or receipt is wrong or if you need more infor- mation about a transaction listed on your statement or receipt We must hear from you no later than 60 days after we sent you the FIRST state- 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. 'f'ell us your name and Account number. 2. Describe the error or the transaction you am unsure about, :mid explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. Ifyou tell us orally, we may require that you send us your complaint or question in writing within 10 business days* from the date you noti- fied its. 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 investi- gate your complaint or question. if we decide to do this we. Will assure that your bank reeredits 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 us to complete our investigation. Ifwe 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. 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 you 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 with copies of the documents that we used in our investigation. ff we have provisionally recreditetl your FDR815215_PALL.vl 2/12/07 9:37 AM Page 5 Bank Account during the investigation and determine that there was no crrot we will notify you of the date on which we will mdebit your Bank Account, and the amount to be debited. You should make certain that your Bank Account contains sufficient heal to cover this debit. If it does not, we have the right to charge such amount to the Account or to collect the amount from you. If this happens, we may cancel 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 AF is 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 di rectly charge checks to your Bank Account, if the BankAccount from which payment will be made when you make transactions under the Program is closed to withdrawal 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 ynu written notice, but we may not send you the notice until after the revocation. We also have the right to deny author zation for any requested transaction, at any time. at our sole discretion, with or without cause, anti without giving you notice, subject to applicable law You may teninateyour participa- tion in the Pmgrani but you most do so by writing to us at the address disclosed in the Section of thus EFT Agreement entitled "HOW TO CON'T'ACT U5" This EFT Agreement supersedes all prior agreements you may have with us relating to the Program We have the right to assign this EI'F Agreement to a subsidiary or affiliate company at any time. ANIERIC N EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. Note for Massachusetts Residents 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 proof 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 L'PFAgreement, effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS EFT AGREEMENT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS: 'THEREFORE, YOU SI IOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THA'I' YOU WILL. NOT NEED TO STOP PAYMENT. Disclosure of Account Information to Third Parties. If you give us your written authorization to disclose infonuation about you, your Account or the transactions that you make to any person, that authorization shall 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 550. If you elect this option we will take all reasonable steps to comply with your request. *for Massachusetts residents: 10 calendar days instead of business days. Inn-c°rnti-rtI t~"€??ar+tirnN tlni• kecnrrznirluliinn o llelta elites u't d'.nrv evasion cv]lln )'Mir Dvlfa SkC ?lili•s Blisine" Credit Card ft•iinnt lrtiet'nr•izn l,sln'<*.5; If you are the Authorizing Officer, you will receive one Delta SkyMile ("mile") for each U.S. dollar of "Eligible Spending- (as defined below) on your Delta SkyMiles Business Credit Carl (.the "Card Account"), subject to the terms set forth below. Miles will be credited to your SkyMiles Account after the billing period in which the Eligible Spending occurs. If you have a Delta SkyMiles' Business Credit Card ("Delta Card'), Gold Delta SkyMilesa Business Credit Card ("Gold Delta Card"), or Platinum Delta Sky Miles Business Credit Cared ("PIarmunt Delta Card'), you will receive one additional mi le for each U.S. dollar of Eligible Spending for Always Double Miles Purchases" (as defined belay), subject to the tens set forth below. hn addition, if you have a Delta Card, for any calendar year in which your Eligible Spending on your Delta Cana is 310,00 or more, you will be awarded 2,500 bonus mifes. If you have a Cold Delta Card, for any calendar year in which your Eligible Spending on your Gold Delta Card is $15,(X10 or more. you will be awarded 55,000 bonus miles, and if in that same calendar year your Eligible Spending on your Gold Delta Card is $25,000 or more, you will he awarded an additional 5,000 bonus mules. If you have a Platinum Delta Card, for any calendar year in which your Eligible Spending on your Platinum Delta Card is $25,000 or more, you will he awarded 10,000 Medallion Qualifying Miles ("MQMs' ) (as defined in the Delta SkyMfles Membership Guide and Program Rules), and if in that same calendar year your Eligible Spending on your Platinum Delta Card is $50,000 or more, you will be awarded an additional 10,000 MQNLs ("Additional MQM'). You are eligible to receive only one 10,000 N1QM award and only one Additional MQM award Intone Delta SkyMiles Frequent FlyerAwount each calendar year. You may be permitted to have more than one Platinum Delta Card, but you am eligible to receive such MQM awards for only one such Card. For any Delta Card, Gold Delta Carl, or Platinum Delta Cavil that is opened in a calendar yeas for pugxxes of calculating your annual Eligible Spending during that calendar Year. the close of the calendar year is December 31, without regard to the time of the year that the account is opra ed.'Ibis means that the first year may be less than twelve months. You may be permitted to have more than one Delta Cana, Gold Delta Card or PlaUnurn Delta Carl account; however, you are eligible to receive annual Eligible Spending bonus(es) for only one of each type (i.e.. Delta, Cold Delta, or Platinum Delta Cana) of Delta Skvmiles Business Credit Card account from American Express, and if you received Welcome bonus miles for any such account, you am eligible to receive onty the incremental differ- ence between the amount of those Welcome bonus miles and the amount of Welcome bonus miles you may be offered for any other such account. Miles are subject to the Delta SkyMiles Membership Guide and Program Rules, and you should refer to that document for details on redemption of miles, Delta's right to change program terms, and other conditions which may apply. Delta SktyMiles Business Credit Card account information may be shared with Delta and Delta's service providers for particular programs managed by Delta's service providers. We assume no responsibility for and we have no liability for miles credited to your SkyMiles Account or for the actions of Delta in connection with your SkyMiles Account or otherwise. Your Card Account must be active (i.e., not canceled) for any given billing period to earn miles. "Eligible Spending" includes purchases of goods or services, which purchases have not been retuned or otherwise rescinded, and am not subject to a credit; it does NOT include fees, Finance Charges, Cash Advances (including the use of checks, line activators, automated teller machines, or other means of accessing your Account), Balance Transfers , or adjustments to your Account We resent the right not to award any miles for transactions we determine are not Charges made with the good faith intentlon of consuming the item charged. For the purpose of this Agreement, `'Alreays Double Nliles4 Purchases means purchases charged on your Gard Account (a) for Delta", Delta Connection carrier Delta Shuttle, Delta Codeshare flights sold under the D.I. code, or Delta Vacation packages and other Delta services submitted under a Delta merchant code, excluding Delta air travel purchases which are part of an all-inclusive air/sea tour package; and (b) at qualifying stand-alone supermarkets, drugstores, gas stations, home improvement and hardware stores located in the U.S. that are not departments of superstoms orwarehouse clubs, and at the U.S. Postal Service for retail postal services, and wireless phone services billed by a U.S. carrier. W'e reserve the right to change these terms and conditions at any time, subject to applicable law. Termss used have the meanings assigned to them in the AGREEMENT BETWEEN DELTA SMAHLES BUSINESS CREDI'T' CARDMEMBER AND AMERICAN EXPRESS BANK. FSB. inn, rivals Exprt s„ CZ,ir t f> r -a-e lrterzrranre Phaft Description How the Baggage insurance Plan works The American Express Card Baggage Insurance Plan ("Plan") provides certain coverage against Loss or damage to checked and carry-on baggage of yours and of Eligible Persons (see "Who is Covered") when Common Carrier tickets are charged to your eligible American Express Card or another eligible Account How You Benefit Coverage is in effect for Eligible Persons during their travel on a Common Carrier when the ticket for the trip (one-way or round-trip) is charged to your eligible American Express Card or another eligible Ace ount. Coverage during a Covered Trip for each Eligible Person includes: • Up to $1.150 for 'arm--on baggage and certain carry-on personal effects while these covered items are on board the Common Carrier; and • 1,P to $500for clerked baggage, in EXCESS of checked baggage coverage provided by Common Carriers. Note: ForNem Ibrk State reside k, lbere u' a $10, 000 aggregale maw Imum limn for all F,llgible PercomJw C'oaTed 7ryi If the Common Carrier ticket for each Eligible Person is charged in advance of going directly to the temuna] to board the Common Carrier, the baggage of each Fligible Person is also covered for • Up to S 1250 while the Eligible Perim is going directly to or leaving directly from the terminal on a Covered Trip vhile traveling as a passenger in a land Common Carrier (such as a taxi, bus, aigeort limousine) or in a scheduled helicopter operated as a Common Carrier. • lip to $1,250 while the Eligible Person is in a terminal for the puqrose of boarding or immediately after disembarking from a Common Carrier on a Covemel Trip. 1- r. • American Express Card or Account means a Basic or Additional American Express Card, Business Travel Account. Airline Billing Account or a Treasurer's Card, and the extended payment account, if any, offered in conjunction with any of these; all issued by American Express Travel Related Services Company. Inc. or its partici- pating subsidiaries ("American Express') and which is eligible for coverage under this Plan. • Common Carrier means an air, land or water vehicle licensed to carry passengers for hire (such as planes, trains, ships, and buses). Common Carriers do not include rented or private vehicles, or hotel or other courtesy vehicles for which no fare is paid, • Covered Trip means a trip for which the Common Carrier ticket has been charged to an eligible American Express Card account or another Account. Each Common Carrier ticket constitutes a separate Covered Trip. Key Terms to Know • Benefits will not be paid if, on the date of occurrence of Loss 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 Trip is (a) unpaid for 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 stipple- men Is a Common Carrier's liability for checked baggage up to the baggage's full value (defined as total original cost) or 5502 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 51,000, the Plan will reimburse you for up to 5500.) • 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 Los's 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 wil I be payable on the basis of the actual cash value (actual cash value is defined as the replacement Cot at the time of Loss or damage, less depreciation). A:MEXAssurance Company may, at its option, elect to repair or replace the covered baggage with property of like kind and quality; subject to settlement based on actual cash value. t lkoes nol apply to New fork Stale residents. [tents with Special Untiltations Coverage for high-risk items is limiled to a combined maximum of $250 for each Eligible Person for each Covered Trip. These high-risk items include, but are not limited to, jewelry sporting equipment, photo- graphic or electronic equipment, computers and audio/visual equipment. More of What is Not Covered Business contents or effects; umbrellas; hats; coats; cash or its equivalent; 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 carry-on baggage are covered according to the checked and carry-on baggage coverages described above. There is no coverage for bass 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 arc considered to be an "Eligible Person" under this Plan if: L You are: (a) an.Amer can Express Cardmemberwho has an American Express Card or Account issued by American Express in your name: or (b) an employee (or other authorized person) of an entity which has a FDR815215_PALL.vl 2/12/07 9:37 AM Page 6 Business Travel Account, Airline Billing Account or Treasurer's Caul issued to it by Mterican Express and are eligible to have your Common Carrier fare charged to that Account; or (c) the souse or dependent child under age 23 of any Eligible Person described in (a) or (b) above; and 1 You are a resident of the United States of America or one of its territo- ties or possessions and the American Express Card account or other Account tied is billed in the United States. L To ensure prompt processingof 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 Loss or damage with the Common Carrier before leaving the terminal. • For carry-on baggage, you must file a written report of the Loss 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. Call toll-free 1-800-645-9700 (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 Form and return it with the documentation as requested in the claim fort. Please note the following: • your claim will NOT be processed until all these required docu- ments are received. • You must return your completed claim form and required docu- ments promptly, but not later turn sir months from the date of occurrence of boss or damage, or)oar claim will be dented. 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 Description of Coverage and is not it Policy orcontract of insurance; the actual Terms. Conditions and Exclusions of Policy AX04W ('Policy") govern the Baggage Insurance Plan The Policy has been issued to American Express Travel Related Services Company, Inc. bvAMEX Assurance Company and is on file at the offices of American Express. 71nis document replaces all existing prior Descriptions of Coverage for the American Express Card Baggage Insurance Plan. Kenneth J. Ciak, President Timothy Meehan, Secretary AMEX Assurance Company AMFY Assurance Company 6437-12-03 (CP) '(,Ira P14re II'a?e Vr(4f-vIi+tn PIatt How the Purchase Protection Plan Works When an American Express' Carlmember charges a covered purchase with his or her Card Account' the Purchase Protection Plan protects that item for 90 [lays from the date of purchase if it is stolen or accidentally damaged, including vandal ism. The coverage is limited to S l,(100, per Occurrence, up to 550,000 per Cardmember Account per policy, year, and is in EXCESS of other sources of indemnity. • Items of personal property purchased worldwide with the Card are covere(l, including gifts purchased for others. • M 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 item wide 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. ('Oceurrence' ), not to exceed S50 000 per Candmember 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 amount charged to the Card, and not to exceed the original purchase price. 'Me Purchase Protection Plan does not reimburse for shipping and handling expenses or installation, assembly, or other service charges. You are coveted under this Plan and coverage remains effective as long as, you are a U.S. resident Cardmember. that is, the American Express Card 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 Island' Your Permanent Residence is considered your primary dwelling. • Benefits 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 prof of purchase and sadsfactorv proof of the theft, accidental damage, including vandalism, while coverage is in effect to qualify for payment under the Purchase Protection Plan. Remember to keel) all your American Express charge receipts, onginal store receipts, and damaged items. • Coverage under the Purchase Protection Plan is EXCESS; this means that if, at the time of Occurrence, you have other val id 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 received from lowest price com- parison programs will be deducted from the original cost of the item. • travelers checks, tickets of any kind, negotiable instruments (such as gift certificates, gift cards and gift checks), cash or its equivalent; • animals or living plants; • consumable or perishable items with limited life spans (such as, but not limited to perfume, light bulbs, batteries): • at the time of purchase, used, rebuilt, refurbished, or remanufactured items: • if the damaged or stolen item consists of articles in a pair orset, coverage will be limited to no more than the value of any particular part orparts. unless the articles are unusable individually and cannot be replaced individually, regardless of any special value the article(s) may have had as part of a set or collection; • permanent household and/or business fixtures, including but not limited to carpeting, flooring and/or tile; • busirims fixtures, 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 pumhased for resale; • items still under installment billing (except those purchased from American Express Merchandise Services); • motorized vehicles and watercraft, aircraft, and motorcvcles or their motors, equipment, parts or accessories: • item rented, leased or borrowed for which you will be held respon- sible. Occurrences Not Covered • items lost or misplaced: • items stolen form 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 by you; • items that you damage through alteration (including cutting, 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 balls); Occurrences caused by any of the following: • fraud: • abuse; • natural disaster including but not limited to flood. earthquake. tomado or hurricane; • warm hostilitiesof any kind (e.g., invasion, rebellion, insurrection); • confiscation by order of any government, public authority, or customs official; • risk,ofcontraband; • illegal activity or acts; • radioactive contamination: • items lost, damaged, or stolen under the care and control of a third parry or common carrier, • man ufacturer'sdefects: • items at an unoccupied construction site. Remember, to insure prompt processing of your claim, you need to report any theft or damage immediately following the dare of the occurrence. including for gifts purchased with the Card. Remember also, you need to retain your receipts and yourdamaged item (if required) until the claim process is complete. 1. Call toll-free 1-800-322-1277 to report your claim (overseas. call collect at 1-303-273-6498). Note: )bu mull rtport.vour claim wilbin 30 drays from the dale of Occurrence. 2. You may be sent a Purchase Protection Claim Form which you must complete, front and back, sign, and return to the claims office with the following required documents' (keep copies foryour oven records): • the American Express charge receipt; • the original itemized store receipt: • the insurance declaration forts for your other sources of insurance 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 report regarding the stolen or vandalized items must be filed with the appropriate authority before you call to file a claim with the Purchase Protection Plan. Note: You rarest return Your completed claim form and rapuired documents within 60 days from the date of Occurrence to remain eligible for avverage. 3. The program administrator will decide whether to have the item repaired or replaced, or to reimburse you (cash or credit`) up to the amount charged to the Carl, and riot to exceed the original purchase price. The Purchase Protection Plan dots not reimburse for shipping and handling expenses, or installation, assembly, or other service charges: Note: No payment will be madefor invalid daimv or on any claims not subvlanlialed in the manner raluired bp, lbe lnvurer. 4. For damage claims, you may be required to send in the damaged item(s), at your expense, for further evaluation of your claim. Note: f requested, You must send in lbe damaged item u+itbin 30 days from Ibe, dale of reque d to remain eligible for coverage. The benefits provided under the Purchase Protection Plan apply only to you. Only you have any legal or equitable 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 being stolen or damaged. Wren 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 responsible 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 bv,%MF.X Assurance Company ("Insurer"), 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 AX09i1("Policv.') govem the Purchase Protection Plan. The Policy has been issue([ 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. Kenneth J. Ciak, President timothv Meehan, Secretary AMEX Assurance Company AMEX Assurance Company 672fr11-01 1. For those eligible red enrolled in lbeMembersbip Rewards" program, the cost of er covererllwoduct may also be purchased lbrougb redemption of a Afembersbtp Rewards certificate 2. For lbace eligible and enrolled in the Membership Rewards program, benefils arc also paid teben lbe purdnased item iv received lbrough the redemption of tlemb ers&p Rewards redemp- tion certificate. 3. Credit reimbursenmert does not apple to Neu, York Stale residents. 4. For dace eligible and enrolled in the Afenobership Reiearr# program. pa ,meet or credit u711 not exceed the original assigned value of tbepersorml property received tbrougb redemption of 'a Membership Rewards redem[Nran certificate rip to lbe stated limits. excluding shilyiing and handling eilvases. 5. Important nolefor tkx e earolted in the ;ltembersbifr Reruardc program. A Membership Rewards redemption certificate can on1j, be redeemed b), eligible Cardmember, Benefals will not be paid rcben as Membership Rewards redemption certificate ban been transferred to non-eligible Cardmemabeaa and/or nmr- andmembers. FDR815215_PALL.vl 2/12/07 9:37 AM Page 7 G. Does not apply to .New York Stale residents. 7. lfben eligible and enrolled in theMembersbip Rewarrisprogram, proofofacyigned valueplaW on such pmperl), when usinga 4fembembrp Reuardv redemption certificate, mast besubmi/led in arki tion to the olber required documents, if roluevted. The Blo c r'e A_- ilr anei, Man How the Buyer's Assurance Plan Works When a Canlmember charges the entire rust of a covered product with his or her Card account'' the Buyer's Assurance Plan will extend the terms of the original manufacturer's warranty for a period of time equal to the duration of the original manufa turers warranty, up to one additional year, on warranties of five years or less that areeligible in the U.S. • The Buyers Assurance Plan mirrors manufacturers' warranties for covered products purchased endrely with your Card account, up to one additional year. • When your covered product's manufacturer's warranty expires, the Buyers Assurance Plan takes effect The Buyer's Assurance Plan cannot pay more than the actual amount charged to your Card for the item or $10,000: whichever is less (not to exceed 550,000 per Cardmember Account per policy year for all 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. • Por items charged erticely with the Card, the program administrator will decide whether to have the item repaired or replaced, or to reim- burse you (cash or credit'), not to exceed the mildnal purchase price . The Buyer's Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges.' • Where the personal property consists of articles in a pair or set, this Policy shall be, liable for one item in the pair or set which form the basis of claim hereunder. • No product registration or enrollment is required for any covered products, including gifts purchased for others. You are covered under this Plan and coverage remains effective as long as you are a U.S. Resident Cardmember, that is, the American Express Card has been issued to you in your name, and you maintain your permanent residence with in the SO United States of America, the District of Columbia, Puerto Rico or the U.S. Vigin Islands.' Your permanent residence is considered your primary dwelling place. ?Key Terms to Know • Benefits will riot be paid if, on the date of Occurrence, on the date of claim filing, oron the date of would-be claim payment, any amount due on your Card account is unpaid forone or more billing cycle(s) or your Card account is canceled.` • You most provide proof of purchase and satisfactory proof of the covered Occurrence while coverage is in effect to qualify for benefits under the Buyers 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 contract or extended warranty with a product which is otherwise eligible under the Buyers Assurance Plan, and the combined coverage provided by both the original manufacturer's warranty and the purchased service contract does not exceed five- yea s, then the product is eligible for coverage under the Buyers Assurance Plan. The Buyer's Assurance Plan will extend the warranty time period and mirror coverage of the original manufac- turers' warranty up to one additional year afterbirth the original manufacturer's 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 manufacturer', warranty- and the purchased service contract exceeds five years then the product purchased is not eligible under the Buyers Assurance Plan and no coverage applies. • if you buy an additional service contract or an extended warranty fora computer, eomputercomponent or part that already comes with an original U.S. Manufacturer's warranty, unless such coverage is provided from and administered by the original 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 of purchase, used, rebuilt, refurbished or remanufactured items; • products covered by an unconditional satisfaction guarantee:. • motorized vehicles (such as cars, trucks, motorcycles, boats, airplanes) and their parrs, subject to high risk, combustible wear and tear. or mileage stipulations (including batteries, carburetors, pipes, hoses, pistons, brakes, tins, or mufflers): • motorzed devices and their parts used for agriculture. landscaping, demolition or construction; • motorized devices and their Parts which are permanent additions or fixtures to a resident al or commercial building: • business fixtures, including but not limited to air conditioners, refrigerators, heaters; • land or buildings; • consumable or perishable Alms; • 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, or combined manufacturer's warranties and service plan agreements, lasting in excess of five years. Occurrences Not Covered • any physical damage, including damage as a direct result of natural disaster or a power surge, except to the extent the manufacturer's warranty covers damage: Occurrences caused by any of the 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 of contraband: • illegal activity or acts; • radioactive contamination; • mechanical failure covered under product recall; • all Occurrenvesthat take place outside the Buyer's Assurance Plan coverage effective period. How to File a Claim Remember, you need to report any Occurrence immediately, including that for gifts purchased with the Card. Remember also. you need to retain your receipts, the original manufacturer's warranty and the product requiring repair unit the claim process is complete. You may also be asked to obtain a repair estimate. 1. Call toll-free I-RW225-3750 to notify its of your claim (overseas, call collect at 1303-273-6498Y Note: Fbu mast report) our claim within 30 da)s front lbe date of (kcrarrence. 2. The program administrator will decide whether to have the item repaired or replaced, or to reimburse you (cash or credit') 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 handling expenses or installation, assembly, or other service charges.' Note: No pa)onent will be madefor imvilid claims or cleans not substantiated in the manner required bi, the Imurer. 3. You mast 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 eval nation of your claim. Note: If requeded, )rues mist send in the damageiproduct within 30 e4gs from the dale of request to remain eligible for coverage. Additional Information for You The benefits provided under the Buyer's Assurance Plan apply only teryou and .Additional Cardmembers on your Account. Only you and those persons have anv legal or equitable right, remedy, or claim to insurance proceeds and/or damages under or arising from the Buyers Assurance Plan. Subject to the terms and conditions of the Plan, if the Cardmember is notified that any warmnty has ended for any reason (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 Buver'sAssurance Plan is underwritten byAMEX.Assurance Company ("Insurer"), 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 terms, conditions and exclusions of Policy AXO953 ("Policy") govern the Buver's Assurance 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 Buyer's Assurance Plan. ??). C-12 Kenneth J. Ciak, President 'I imothv Meehan, Secretary AMEX Assurance Company AMEX Assurance Company fi717-11-0 1 1. For tbnse eligible and enrolled in lbe Membership Rewards' PProgram, lbe entire cost ofa covered prwind mqv also be purchasecitbrougb redemption ofa Membershp Rewards redernp- lion certificate. 2. Credit reimbursement does not appl), to N'ew Fbrk,Skae ", zaenis. 3. For those eligible and enrolled in lbe,ifembersbrp Rewards'" Program, pa)rnent or credit will not emceed the original assigned value of the personal property received thro ugh redemphon of d Membership Rewards redemption certficate op to the stated!unite, excluding vbipping and bandling, erjo-ve. 4. Important note for tlmse errro1W in lbe Alembersbip Reward'' program: d Members'bip Reivard redemption certtplazte, can only be redeemed by eligible Cardmembeis. Henefik will not be part wben a Membersbip ltuiwrds redemption certificate bas been tranyferred to non-eligible Cmdmenbers and/or non- Cardwembers. >. Does not apply to Aeu York state reaklems. (car Iteruial ,us ats,E [)aIIIage• 3ehsua-airice° Plans i- C,ar Rental Lots and Damage Insurance provides the Business Cardmenicr, ("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 use the Card (as described below) to charge and pay for an auto rental from any Commercial Car Rental Company ('Rental Cornpanv') within the geographic scope of the United States, its territories and possessions.' This coverage is excess insurance. "Rental Auto" means a four-wheeled, two-axle passenger-type motor vehicle, deigned for and sold to accommodate private passenger trans- port on public roads. r Who Is Eligible for Coverage You air, eligible for coverage if: I. You are a Basic or Additional Candmemberand an.AmericinE.xpre's' Card or Optima' Card in association with that Card (the "Card") has been issued to you in your name; 2. You are of an account status and class that is provided Car Rental Loss and Damage Insurance as a benefit of Catdrnembership ("Cardmember'); 3. Your Card account is billed from a U.S. operating center in U.S. dollars; and 4. You maintain your Permanent ResidencewithintheSOI,nitedStates of America, the District of Colombia, Puerto Rico or the U.S. Virgin Islands. "Permanent Residence" means the Covered Person's 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.' l'or the purposes 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 his or herchoble Card to the Rental Company to reserve the Rental Auto, by making a reservation; or by placing a hold or deposit at the time the Rental Auto is checked out: 2. declines thefld1Collision DamageWaiver orsimilaroption (CDW),or pays fora partial collision damage waiver, offered by the Rental Company; 3. is the prmary renter, which is defined as the Carrimernher, who is named on the written agreement with the Rental Company as the person renting and taking control and possession of the Rental Auto ("Pri man, Rente('); and i FDR815215_PALL.vl 2/12/07 9:37 AM Page 8 4. uses the Card 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 Cardmembee who is physically chal- lenged and unable to operate the Rental Auto. may be the Primary Renter if he/she is the Cardmember entering into the rental transaction. Coverage for theft of or damage to the Rental .Auto temrinates when: 1. the Rental Company rsumescontroloftheRental Auto, or30 consecutive days after the RentalAudi was checked out, whichever is earlier. or 2. the Policy is cancelled Length of Coverage Car Rental Loss and Damage insurance covers eligible Rental Autos when rented under a written rental agreement from a Rental Company for no more than 30 consecutive days. Note: In Pro envmisball coverage beprovided velum the Cardmember rends a Rental Auk, lxymzd 30 ornveeudve drtye• from the same Rental Cionprm}c regardless of mhetber the original agreement rs evlended. or a neu raritien agreement is entered into, or a neu vehicle tv 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 madect/koation (75 mile radius). Car Rental Loss and Damage Insurance reimburses a Cardmember for pawnents for damage to or theft of a Rental Auto that the Cardmember is required to make, up to the kisser of. (t) the actual cost to repair the Rental Auto. (2) the wholesale Book value minus salvage and deprecia- tion casts, or (3) the purchase invoice price of the Rental Auto minus salvage and depreciation costs. The coverage also reimburses the Cardmember for reasonable charges (those charges incurred at [tie closest facility that am usual and customary in the vicinity in which the loss or disablement took place) imposed by the Rental Company, such as towing or storage and puss of Use. "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 must submit a fleet utilization log indicating that during such time: 1, no other Rental Auto was available; and 2. there was a demand for a Rental Auto. Car Rental Loss and Damage Insurance covers no other type of loss. For example, in the event of a collision involving the Canlmember's Rental Auto, damage to any other driver's car or the injury of anyone or anything is riot coveted. Note: 71)is policy does rlol provide lurbdily or anv other coverage such are' (,ninrured J1olorhy& benclaw under ani, Irorkers Compenxdion 4ru', lAvabiltly benefits law or otber nraandidect Gover•nrnenl 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 possessions. This means that this excesscoverage will reimburse the Cardmember only for losses/expenses 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 Carlmember must first seek payment or reimbursement and receive a determination based on the stated terns of such other Plans, that any such Plans do not provide coverage before this excess coverage will reimburse the Cardmember. WMIMM-1 01 410= Car Rental Loss and Damage Insurance does not cover rentals of 1. expensi scars.whichmeanscarswithan original manufacturers suggested retail price of 350,000 or more when now; exotic cars regardless of year or value, including but not limited to Chevrolet Conette,'Foyota Supra, Mazda RX-7, Dodge Viper and Stealth, Plymouth Prowler, 6titsubishi 3000 G"I; Nissan 300LX Jaguar Xf S, Acura NSX, ,Mercedes SL, SLK, S Coupe and F320 Coupe and Convertible, BMW M3.23 and 8 Series, Cadillac Allante. All Porsche, Ferrari, Lanilorghini, llaserati, Aston Martin. lulus, Bugatti, Vector; Shelby Cobra, Bentley. Rolls Royce; 3. trucks, pick-ups, cargo vans, custom vans: 4. full-sized vans. including but not limited to Ford Foonoline or Club Wagon, Chevy Van or Sporvan, GMC V ndum and Rally, Dodge Ram Vans and Ram Wagon; i 5. vehicles which have Leencustomizedor modified from the manufacturers factory specifications except fordriver s assistance equipment for the physically challenged; 6. vehicles used for hire orcommercialpurposes; mini-vans used for commercial hire; Note: Paxscneer,hlzni-Parrs (mot Cargo •hlpri-Puns) urlhfadorv .vpecifielsealing capacity, of 3pussengers or less, secluding bed not limited to Lodge Caravan, Plymoulb Voyager Ford Windskir and Masan Qrresl rrrecotvred uboi reritedforpersmeal or btiiness useonlt. 8. antique cars, which means cam that are 20 years old or have not been manufactured for 10 or more years; 9. limousines. 10. full-siudspwrt utility vehicles including but notlimitedto Chevrolet/GMC Suburban, Tahoe and Yukon, Ford Expedition, Lincoln Navigator, Toyota Land Cruiser, Loins 1.X450, Range Rover or full- sized Lord Bronco; 11. sporVutilityvehicles when driven "off- road": Note: Com/xict sport/ufitio, vebw1o. including but not limited to Ford F-rplorer, Jeep Grand Cberokee, Nissan Pathfinder, Toyota Tour Runno; Chevrolet Blazer and Isu.zu Noper and Rodeo tire covered tuben driven on paned ro(z&, and 12. off-road vehicles, motorcycles,mopeds,recreational vehides, golf or motorized carts, campers, trailer and any other vehicle which is not a Rental Auto. Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by 1 operation oftheRental Auto inviolation oftheterms andconditionsof the Rental Company agreement (includingbnt not limited to losses occuningwhere aperson not permitted tooperate the vehicle pursuant to terns of the rental agreement was in Possession or control of the vehicle; or, driving the vehicle outside of die authorized rental territory); 2. leased or nnini-leased vehicles; 3. costs attributed to the Commercial Car Rental Companys normal course of doing business; 4, intentional damage; 5 illegal activity, such as losseswhere the Rental Auto was used for. or involved in illegal activity or felony: 6. pre-existing conditions. damage or defect: . alcohol intoxication on the part of the driver. as defined in the state where the Accident occurred; 8. voluntarilytakingan y drug or acting under the i A Lience or effect of that drug (unless taken as prescribed or administered by a Doctor); 9. warorin ilitary activity; 10. radioactivity; 11. confiscation by authority; 12. wear and tear, includinggredualdeterioration: 13. damage which is due and confined to freezing, mechanical or electrical breakdown orfmdure unlesssuch damage resulsfrom a theft covered by the Policy; 14. failure [)return keys to the Rental Compam-whenthe vehicle isstolen; 15. theftordarnage to unsecured vehicles; 16. theftofordamageto t es(flatsorblowouts),unlesselamagedbyfire' malicious mischief, vandalism, or stolen, unless the loss is coincident with and from the sane cause as other loss covered by the Policy. and IT off-road operation of the vehicle. Car Rental Loss and Damage Insurance does not cover, and benefits will not be paid for. 1. sales tax related to repair ofdamages,unless reimbursemeitof such sales trey is required by law, 2. damage to any vehicle other than the Rental Auto; 3. damage to any property other th an the Rental Auto. owner's property. or items not permanently attached to the Rental .Auto; 4. the inj Lay of anyone or anyth ing; 5. expenses assumed, waived or paid for by the Rental Company or its insurer, 6. expenses covered by the Cardarember's personal auto insurer, employer or employer's insurer. or authorized enter s insurer; value added tax or similar tax, unless reimbursement of such tax is required by law; 8. diminishmentOfvalue; 9. any Rental Ai co used forhire orcommereialpurpo&mand 10. depreciation, unless reimbursementfordepreciation isrequirLdbylaw. Notification of damage, including vandalism, theft, or an accident most be reported to the appropriate law enforcement agency as soon as reason- ably possible. This requirement applies regardless of whether the Rental Auto is invoked with other vehicles. Failure to notify may result in denial of benefits. If a loss occurs, a Cardmember should promptly notify the Car Rental Loss and Damage Claims Unit toll free at (SW) 3118-1670 in the U.S. only or call (440) 914-2950 from other locations worldwide. If the failure of a Cardmember 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 the Cudmember a claim form with instructions. Complete and sign the claim form. Written proof of loss, 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 Express Car Rental Loss and Damage Claims Unit, P.O. Box, 94729, Cleveland. Ohio 44101-47 29. B the proof of loss and other docu- mentation is not received within 60 days of the date of loss, coverage may be denied. Required documentation may consist of, but is riot limited to: L oursigned and completed claim; 2. an itemized repair bill; 3. a copy of charge slip for the rental ofthe Rental Auto, Rental Auto contract or machine-generated receipt to show rental was charged and paid forwith an American Express Card; 4. a police report(dapplicble); 5. photos of the damaged vehicle, if available; 6. a copy of the Canimember's, authorized driver's or employer's auto insurance coverage, or a notarized letter stating no insurance; . a copy of al i claim documents and correspondence, provided by the Car Rental Company; 8. a copy ofthe Rental Connpanv'b utilization log; 9. a copy ofthednver'slicenseoftheC;admemberand/or amhorictvi driver, unless the driver's license number shins on the rental agreement; 10. a copy ofthe written rental agreement, front and back, which documents when the Rental Auto was checked out and checked in; and 11. information pertainingtootherawriIable insurance coverage (s'). Cardmember 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 Cardmembe(s control), coverage may be denied. All Car Rental Loss and Damage insurance payments reimbursable under the policy are payable to the Cardmember, except that payment may be made, at the discretion of the insurer. jointly to the Canlmember and the Commercial Car Rental Company when the Car Rental Company has not been reimbursed for the covered loss or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company or any other party: Note: Benefits will not be paid if on the date of hve, on lire bale of claim fling or on The date o(polenhal clahn pa),menl, and- amount due on Your Caryl accouni is past due or Your C,'an!l is cancelled' In the event of a payment under this Policy, the insurer is entitled to all the rights of recovery that the Carimember, to whom payment was made, has against another. That Cardmember must 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 Comparty 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 Insurer's 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. FDR815215_PA.LL.vl 2/12/07 9:37 AM Page 9 When a Cardmember is served with suit and/or summons papers relating to a Car Rental Lass and Damage claim, the Cadmember must notify, (see address and phone number under "Claims Notice" section) and provide copies of the suit or summons papers to the Car Rental Loss and Damage claims not t within 15 days of when the Cardmember is served. Failure to comply may nsuIt in denial of benefits. Additional information for You This coverage is underwritten by AMEXAssurance Company ("Insurer") through insurance Policy AXa)25 (the "Policy") issued to American Express Travel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Policy may be changed or temtinated. 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 time of printing, this document is not the Policy or contract of insurance. The benefits described in this document are subject to all of the tents, conditions and exclusions of the Policy issued be the under- writer. This document replaces any prior Description of Coverage under the Policy which may have been furnished to the Cardmemher. ??). d12 6 Kenneth J. Ciak Paul R. Johnston President Secretary AMEX Assurance Company ANIEX.ksiairance Company CRLDI-DOC-OSBN 11/05 1. For those eligible and enrolled in Membership Rewards, if a Membership Retcards redemption certificate is :iced, coverage is provided only to Rental Awlos rented in the Hailed States. 2. 11 ben used in cmrjwndion with a Membership Rewards redemp- tion cer1ficate, the participating Car Rental Companies are limited to Hertz National mud Bndgel. 3. /(eligible mad enrolled in :flembersbip Rewards, coverage is also activated green the Cardrember (1) Presents a Membership Rewards redemplion ceri ficate to at (2) rases a ;tlembersbip Rewards revlemplion cerliftcale a[ a Jmrikc xiirng Commercial Car Rental Company. Important notefor !base enrolled in ,Membership Rewards: A hlembembip Reumrdo redemption certificate can only be redeemer! by eligible Cardmembers. Beneiiis will not bepaid when a rilembembip Reuam& reelorption cerifiarte bas been tran,FIZ, red to non-eligible Cardmembers andlor rnon- (.ardmembers. T Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by. 7. consumptionofalcohol at or in excess of the legal blocxlalwhollevel for a felony conviction in the state or locality in which the Accident occurred: CRLDI-RDRI-SD 11/05 ADDITIONAL INFORMATION FOR RESIDENTS OF VERMONT Under Losses Not Coveted, the following item is hereby removed: alcohol intoxication on the part of the driver. as defined in the state where the Accident occurred: CRLDI-RDRI-VT 11/05 ADDITIONAL INFORMATION FOR RESIDENTS OF V{'ISCONSLN Under Losses Not Covered, the following items are hereby removed: 5. illegal acdvityt such as knee where the RentaLAuto was used for, or involved in illegal activity, or felony: alcohol intoxication on the part of the dti er, as defined in the state where the Accident occurred; 8. voluntarily taking any drug or acting under the influence or effect of th at drug (unless taken as proscribed or administered by a Doctor); Under Losses Not Covered, the following item is added: I& the Luse of the Rental Auto for unlawful pugnoses, or for transportation of liquor in violation of law, orwhile the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog, or a combination thereof, or under the influenceof any other drug to a degree which renders him or tier incapable of safely, driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle ina reckless man tier CRLDI-RDRI-WI 11/05 ADDITIONAL INFORMATION FOR RESIDENTS OF WEST VIRGINIA Under How Benefits are 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 amount due on Your Card account is past due or Your Card is cancelled, is hereby revised to toad as follows: Does not app/l• to Wesl Virginia rind A'ew York Stale resdden/s. CRLDI-RLIRI-WA' 11/05 !..>t)€).€1t?f}'lictvrEslceidle=w 111t ttt-aatce 4.1Ma+' not applvto New Yarkresidents. tJcc,l-:s irt.af,v ilDi^\,A eznui(srr;hnrce Description of Coverage Rider for Policy AX0925 Ass " uC I rMi" t I le l r -. At Applicable forOSBN and OSBN Platinum Carlmembers ADDITIONAL INFORMATION FOR OSBN AND OSBN PLATINUM CARDMEMBERS Under Vehicles Not Covered, item number 3 is replaced with the following: Car Rental Loss and Damage insurance does not cover rentals of. 3. cargo vans, custom vans; In all other respects, the previsions and conditions of the Description of Coverage remain the same. CRLIII-RDRI 11/05 s }fe. r.,in ???r H<>l "t!e,?t. :rtatr;Aa s,.., DESCRIPTION OF COVERAGE Covered Persons 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 $100.000 coverage, a Basic or Additional Cardmember who has any of the following Cards, or the extended payment account offered in conjunction with any of following, issued by.Arnerican Express Tavel Related Services Company, Inc. or its participating subsidiaries ("American Express") in his or her name: American Express" Business Card, American Express' Cash Rebate Card, American Expresso' Community Business. The American Express Costco Card (IDC), American Express" Costco Business Card, American Express Costco Cash Rebate Card, American Express" Credit Carte, American Express' 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 Carl, Bank of Ilawaii Credit Card from American Express. Bank of Hawaii Gold Credit Card from American Express, Best Rate Card Blue for P,usinese from .American Express', Blue for Students`"', Blue from American Fxpress, Binghamton Savings Bank Gold Credit Card from American Empress, Binghamton Savings Bank Business Credit Card from American Express, Business Capital Line from OPEN from American Express'"', Business Gold Cad from OPEN from American Express"', Business Management Account from OPEN from American Express", BusmLssMembershit, Rewards' Card, Business Purchase Amount from OPEN from American Express", Buyer's Bonus Card, Continental OnePass Credit Cant from American Express, Business Card from OPEN ADDITIONAL INFORMATION FOR RESIDENTS OF LOUISIANA ..-..- - ...-_.._ The Rights of Recovery section is replaced with the following: If the Company snakes any payment under this Policy and the Canlmember has the right to recover damages from another, the Company shall be subrogated to that right. Ilowever, the Company's right to recover is subonlinate to the Cardmember's right to be fully compensated. CRLDI-RDRIAA 11/05 ADDITIONAL INFORMATION FOR RESIDENT'S OF SOUTH DAKOTA under Losses Not Covered, item number 5. is replacc with the fol lowing: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: 5. violation of criminal law; or connuission of a criminal act, whether cited or charged; Under Losses Not Covered, item number 7. is replaced with the following: from American Express": including beginning with account number 37134, Business Cash Rebate Credit Carl from OPEN from American Express"', Business Costco Card from OPEN from American Express'"', Delta Skyllblesn. Business Credit Card from OPEN from American Ex(nress°', Delta ShMiles` Credit Card, Delta Sky.%I les" Options Credit Carl, Executive Business Card from OPEN from American Express". Gold American Express Portfolio Credit Cant, Gold Card, Gold Delta SkyAliles` Credit Card, Gold nelta SkyMiles Business Credit Card from OPEN from American Express", Gold Senior Card, Gold Student Card. Alemberslinp ReuarrA' Credit Card from American Express, Alembersbip Rewards Optiom" Credit Card from American Express, National Multiple Sclemsis Credit Cant, Optima` Caul Accounts, Optima' Cash Rewards Cana, Optima' Gold Card, Optima' Platinum Cant, Optima's Platinum Cash Rebate Card, Optima' Platinum Preferred Card, Personal Cana, Personal Choice Card, Personal Senior Card, Personal Student Card, Platinum Cash Rebate Card. Platinum Delta SkyMilese Card, Platinum ShopRite Credit Card from American Express, Starwood Preferred Guest (lard from American Express. The American Express' Golf Card, The Fidelity American Express Card, The Fidelity.American Express" Gold Card. Me Hilton HHonots" Platinum Credit Card from American Express, The New York Knicks Card from American Express, The New York Rangers Card from American Express, The Small Business Card from American Express: or b. Fbr•$250,OOOcoverage,aBasic orAdditional Cantmemberwhohas a Rewards Plus Gold Cant. Corporate Rewards Plus Gold Cant or the extended payment account offered in conjunction issued by American Express Tavel Related Services Company, Inc. or its participating subsidiaries ("American Express") in his or tier name; or c For$500(Wcoteiage, a Basic or Additional Cardmember who h as a Platinum Card", Fidelity American Express Plati num Cant`, American Express' Invesument ManagementAexnunt Platinum Carl, American Express Business Platinum Card's from OPEN from American Exti s",LexusPlatinumCard',American Express Platinum Financial Se.rlces Card. LAC/II C Platinum Card or the extended payment account offered in conjunction Issued by American Express Travel Related Series Company, Inc. or its participating subsidiaries ("American Express'") in his or her name on a Platinum Card Account; or d. For $1,500, 000 coverage, a Basic or Additional Cardmemberwho has a Centurion Card, American Express'Business Centurion Card" from OPEN from American Express'" or the extended payment account offered in conjunction issued by American Express Travel Related Services Company, Inc. or its participating subsidiaries ("American Express") in his or her name on a Centurion Gana Account: or e. the spouse, Domestic Partner or dependent child mnde' age 23 of any eligible person described in (a), (b), (c), (d) above; and 3. his or her Permanent Residence is in the 50 United States, District of Columbia, Puerto Rtco. or U .S. Airon Islands. 1110MMH "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 Cardmember" means am individual who has received an American Express Card at the request d a Basic Cardmember for use in connection with the Basic Cardmember's 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 Carl account. "Common Carrier Conveyance" means an air, land or water vehicle (other than a rental) licensed to carry passengers for him and available to the public. A trip is a "Covered Trip" if: 1. it is a trip taken by the Covered Person between the point of departure and the final destination as shown on the Covered Persons ticket or verification issued by the Common Carrier Conveyance; and 2. the Covered Person's entire fare for such trip on that Common Carrier Conveyance has been actually charged to a specific American Express Card account prior to any In! my. "Domestic Partner" means a person of the same or opposite gender who meets the following requirements: 1. has shared a residence with the Basic or Additional Cardmenber 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, FDR815215_PALL.vl 2/12/07 9:37 AM Page 10 3. is at least 18 years old; 4. is not related to the Basic or Additional Canimember by blood closer than would bar marriage per state law; and 5. is financially interdependent with the Basic or Additional C,anlmember and documenPaion 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 bodily injury which: 1. is caused by an Accident which occurs while the Covered Person's insurance is in fora under the Policy; and 2. results in Loss insured by the Policy; and 3. creates a Loss due, directly and independently of all other causes, to such accidental bodily injury. `Permanent Residence' means the Covered Person's one pri mary dwelling place, where the Covered Person permanently resides. .fir rr benefit oJCarr/nwnrbmsbip, the Covered Person trill recetvea benefrl keel of $100000- $1500(X1- $500,000- $1.500.000 delrending on the type of Amreir tm Fxlme Cantrrc'coum rued to cbrnrge A, Common Cartier (oar ei rincefrneforlbeCorarrecl7)ip. PleaT rrtlcrr to Ibe Covered Persons section of thisDeertplion ofCOverage. /fyou arestill unarm u bal beneftlevel of coverageapplies to yourAmerican Ft/rra's Caryl. please emrtac't lbeCustomer,Sen keCentero ill free number listed on lbe hick. of tour (ard, rr1J'osboiow on yr urCatit statement. Table oflosses Loss oftife $100,01N1 $250.0W Dismemberment Ions of both hands or frith feet 3100,000 $250,000 Loss of one h and mid one foot SI00,000 5250,000 Loss of entire sight ofbodneycs SIDOM 3254,000 Loss of entire sight of one eye and one hand or one foot $100,000 $250SM pens of one hand or one foot SAWO 5125,000 Loss of entire sight of(one eye 550,000 $125,000 Table ajLwses Loss of Life $500.000 $1,500,000 Dismemberment ens if both hands or both feet 5500,000 $1,500,000 .assofonehand andonefoot $500,000 31,500,000 Loss of end re sight ofboth egc $500,000 31,500.000 Loss of entire sight of one eye and one It and or one foot $500,000 $1,500,000 Loss of one hand or one foot 3250,000 $750,000 Loss ofenti ve sight of one eye $250,000 $750,000 "Loss"as used above with reference to hand or fan means complete and pennanent severance through or above the wrist or ankle joint, and as used with reference to eye meats the irrecoverable loss of die come sight of such eve. In no event will multiple American Express Cards obligate the Company to pay for more than one Loss sustained by any one individual Covered Person as a result of any one Accident. The 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 Loy from an Injury while coverage is in force under the Policy AX0946 obligate the Company to pay benefits under Policy AX0949, the Company's Business'Fravel.Aceident Insurance policy, in addition to any benefits payable by the Company under the Policy AX01M.'IheAnerican Express Cants listed under this Policy do not receive coverage under Policy AX0949. ?ec?arra?r?t¦r7ktitF:Tif.¦ ?lt?:`77r?7iisiaT:tfi The Company will pay the applicable benefit amount as determined front the Table of Lasses if a Covered Person suffers a Lass from an Injury while coverage is in force under the Policy; but only if such Loss occurs within 100 days alter the date of the Accident which caused the Injury. Benefits will he paid for the greatest Lass. In no eventwill the Company pay for more than one Ions sustained by the Covered Person as the result of any one Accident. e- Common farrier Benefit This Benefit is payable if the Covered Person sustains Injury, as a result of an Accident which occurs while riding solely as a passenger in, or boarding, or alighting from or being struck by a Common Carrier Conveyance used on a Covered Trip. Exposure and Disappearance If the Covered Person is unavoidably exposed to the elements because of an Accident on a Covered Trip which results in are disappearance, sinking or wrecking of the Common Carrier Conveyance, and if as a result of such exposure, the Covered Person suffers a Loss for which bene- fits are otherwise payable under the Policy, such Loss will be covered under the Policy. If the Covered Person disappears because of an Accident on a Covered Trip which results in the disappearance, sinking or wrecking of the Common Carrier Conveyance, and if the Covered 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 Less of life as a result of injury crnered by the policy. A Covered Person will be fully insured for benefits under the Policy while taking a trip on a Common Carrier Conveyance only when the fare has been charged to the specific American Express Caul. Eligibility for coverage will remain in effect as long as the definition of a Covered Person is met. 11e prendum for this coverage is payable byAmedcan Express. This Policy does not cover any Loss 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, part,, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting secretly and not in connection with any operation of armed forces (whether military, naval or air forces) in the country where the Injury occurs shall not be deemed an act of war; (3) Injury to which a contributor' cause was the commission of or attempt to commit an illegal act by or on behalf of the Covered Person or his trier heneficiarim (4) Injury received while serving as an operator or crew member of any conveyance; (5) Injury received while driving, riding as a passenger in, boarding or alighting from a rental vehicle; or (6) sick- ness, physical or mental infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condi- tion is required as the direct result of a covered Injury: ABasic Cardmembermaydesignate abeneficiaryorchange a Previously designated beneficiary for himself/hetself and his/her spouse/Domestic Partner and dependent children who are not"Basic orAdditional Cardmembers..An Additional C}ardmemher may designate a beneficiary for himself/herself and his/herspouse/Domestic Partner and dependent children who are not also Basic orAdditional Canirnembers or spouses)Domestic Partners or dependent children of Basic Cartimembers. No persons 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 fomn satisfactory to the Company, must be filed with American Express. Such designation or change shalI take effect as of the date it was signed by the designator provided that it has been received by American Express, but any payment of pnit eels made by the Company prior to receipt of such designation of change shat l fully discharge the Company to the extern of such payment. Notice of claim must be given to AMEX Assurance Company. Claims Administrative Office, PO Box 19018, Green Bay, WI 54307-9018 within 20 days after the occurrence or commencement of any Loss covered by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to the Company at its Administrative Office, or to any audnaized agent of the Company, with information sufficient to identify the Covered Person shall be deemed notice to the Company. Benefits for toss of life of a Covered Person will he paid to the designated beneficiary Benefits for all other Losses sustained 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 the beneficiaries' respective interests are 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 the fist surviving class of the following: l) spouse or Domestic Partner; 2) children, equally per sti ges; 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 due Company from all obligations under 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 persim(s). Any amount payable to a minor may be paid to the minor's legal guardian. No action at law or in equity shall be brought tom over under the Policy after the expirations of dime years, five years forrenturion Card, Corporate Centurion Card'" from OPEN from American Express", after the time written proof of loss is required to be furnished. The benefits described herein are subject to all of the terms and condi- tions of the Policy.'Ibis Description of Coverage rep] aces any prior Description of Coverage which may have been famished in connection with the Policy: Y KenmethJ.Ciak Thilothy S. Meehan President Secretary 6713-11-0 1-COM Notice to Florida Residents Only:'lhe benefits of the Policy providing your coverage are govemed pri marily by the laws of a state other than Florida. 1. P' , after readingIbis lkscriptionofCoverage.)roatire still ornsure what bent la-el oJcoerrageoorphcs to)nrrr Ameriarn F.ipreas Card Please anrtnct the CusTOmer len7 e Center M11, reer rnunberllstul on the back ofj ourCard also,rhoun on your (ard Oilenienl. (? 2007 American Express AMERICAN EXPRESS Platinum Delta SkyMiles® /?. D E L T Business Credit Card Prepared For Account Number CHUCK ROTHSTEIN XXXX-XXXXX1-03002 CARLETON COMM INC Total Savings to ate for this Account $67.03 For details, please see your OPEN Savings Summary Closing Date 08/05/09 Page 1 of 5 New Activity $ Minimum inc. Adjustments and Previous Balance $ Payment Activity $ Finance Charges if any New Balance $ Amount Due $ .J I 0.00 090 =37,529.9 Credit Line Total Credit Available Credit Cash Advance Available Cash Summary Line $ Line $ Limit $ Limit $ on 08/05109 35,400.00 0.00 0.00 0.00 Payment Due Date 08/30/09 Minimum Amount Due includes: Past due amount $3,171.75 This month's amount due $751.00 Please refer to page 2 for important information regarding your account Your account is over-limit and past due. Please pay at least $3,922.75, plus any additional charges you have incurred since the date of this billing statement, to avoid any over-limit fees on your next statement. Please see your Cardmember Agreement for additional terms and conditions that may apply. This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the minimum due amount, your account is in default and the balance is due in full. To manage your Account online or to pay your bill, please visit us at open.americanexpress.com. For additional contact information, please see the reverse side of this page. To help you manage your finances more effectively, the Payment Due Date for your account is at least 25 days from the Closing Date. If you are enrolled in AutoPay, the date you set for automatic payment is not affected. Activity 'Indicates posting data Amount$ Total of Payment Activity 0.00 Amount $ Total of New Activity 0.00 Please fold on the perforation below, detach and return with your payment Do not staple or use paper clips Account Number Payment Coupon 3712-723031-03002 Itlyllll?tll?ltt?l?l'?Ill?lbl??lltt?l"1?11??1'I11't'III?'1111' CHUCK ROTHSTEIN CARLETON COMM INC PO BOX 364 MECHANICSBURG PA 17055-0364 Continued on Page 3 Payment Due Date: To Pay by Computer, visit: 08/30/09 americanexpress.com/pbc. New Balance $ 37,529.97 Minimum Amount Due $3,922.75 $ I • I Amount enclosed Enter account number on all documents. Make check payable to American Express. See Finance Charge section on reverse side for a description of when additional Finance Charges are not assessed on Purchases. Check here if your address or phone number has changed. Note changes on Arse side. Mail Payment to: Ittl?ll??'?Illl?tl"?I?'?I?111?111?1?'?'??III?I?II'?'?1?11?1?111? AMERICAN EXPRESS P.O. BOX 1270 NEWARK NJ 07101-1270 0000371272303103002 00375299700011 1 Prepared For Account Number CHUCK ROTHSTEIN XXXX-XXXXX1-03002 CARLETON COMM INC Page 2 of 5 Payments: Payments received after 12:00 noon or on weekends or holidays may not be credited until the next business ments must be in US Dollars and drawn on a bank located in the IS (other than a line of credit check Pa da y y. issued by American Express Bank, FSB or American Express Centurion Bank). If you are not paying electronically or by ber t h d d accoun num an e phone, please submit your payment in the enclosed envelope with the remittance stub attac ment is If on recei t a it d Th ill b d d h k p p . y up ey w e epos e c ec s. Indicated on the check. Please do not send post date i ht t th To Pay By Phone o process e r g made in any other form or at any other location, there may be a delay in processing. We reserve 800-472-9297 1 checks electronically, at first presentment and any re-presentments, by transmitting the amount of the check, routing number, account number and check serial number to your financial institution. Your checking account may be - debited as soon as the same day we receive your payment. If we cannot collect the funds electronically at first ouraccountfor eamount ofthecheck e ma i s a draft a ainst t t Customer Service and t or Stolen Cards L . , w y s g y presen men ue Authorization for Electronic Payments: By using the American Express Pay By Computer, Pay By Phone or any os 1-800-297-6200 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 Computer, please 24 hours/7 days visitusatwww.amercanexpress.com. Lost or Stolen Card: If the Card is lost or stolen, in the U.S. immediately telephone us at the number indicated on your International Collect Intern Intern 492-7719 paper statement, or click on the Customer Service link online. Outside the U.S. contact the nearest American Express local American Express office ice Office or call an l Se T . y rave rv Finance Char es: Average Daily Balance (ADB) Method for Calculation of Finance Charges (FC1:We use the ? our F on th fi h d Hearing Impaired EST) 5 9 me o y gure e o , we to calculate FC on your Account. Under this met pm ( am- Account by applying the daily periodic rate to the ADB (as described below) for each Feature (such as To get the our Account (including current transactions) lance Transfer Features) of h Ad d B P h C TTY: 1-800-221-9950 800 695 9090 1 FAX . y vance an a urc ase, as ADB for each Feature, we (1) take the beginning balance for the Feature each day (including unpaid - - - : In NY: 1-800-522-1897 FC from previous billing periods), (2 add any new transactions, debits, or fees, (3) subtract any payments or we also iod f th f d billi , ng per irst ay o e credits, and (4) make any appropriate adjustments. For each day after the add an amount of interest equal to the previous day's daily balance multiplied by the daily periodic rate Large Print and Braille for the Feature. This gives us the daily balance for the Feature for that day and the beginning balance for the Feature for balances for the alf the dail we add u Then id d t b it i i Statements 1-800-297-6200 y p e zero. , s cons ere o ve, the next day. If this balance is negat Feature for the billing period and divide the total by the number of days in the billing period. This gives us the ADB the billin i f d h b g n ays e num er o for the Feature. If you multiply the ADB for each Feature by t t for th t F t C d ure, excep ea on a assesse period and the daily periodic rate for that Feature, the result will be the F O variations caused by rounding. The total FC for the billing period is calculated by adding the FC This method of calculating the ADB and FC results in daily ll F f th A t d t on a ures o e ccoun . assesse ea compounding of FC. The minimum FC for any billing period in which FC are imposed is $0.50. If you paid the New americanexpress.com Balance on your prior statement in full by its payment due date, and you pay the New h s l FC i i on purc ase t ona Balance on this statement by its payment due date, then you will avoid add Customer Service included in the New Balance on this statement. P.O. Box 981535 Transactions Made in Foreign Currencies: If you incur a Charge in a foreign currency, it will be El Paso, TX converted into US dollars on the date it is processed by us or our agents. Unless a particular rate is 79998-1535 required by applicable law, we will choose a conversion rate that is acceptable to us for that date. Currently, the conversion rate we use for a Charge in a foreign currency is no greater than (a) the highest ' Cash Express ghest interbank conversion rate official conversion rate published by a government agency, or (b) the hI identified by us from customary banking sources, on the conversion date or the prior business day, P•O. Box 981531 In each instance increased by 2.7%. This conversion rate may differ from rates in effect on the establishments (such as airlines) will be billed at the rates such es converted b f our Char e Char d t El Paso, TX 79998-1531 y y g . g e o a establishments use. In Case of Errors or Questions About Your Electronic Transfers: Please contact us by visiting us online at Payment's BOX 1270 P O open.americanexpress.com, or you can call us at 1-800-IPAY-AXP for Pay By Phone and Pay By Computer issues, . . or 1-800-CASH-NOW for Express Cash and automatic payment issues. You can also write to the Express Cash or transaction is wron our statement receipt ou think our statement If ations address indicated on O NEWARK NJ 07101-1270 , , y . y y per please contact 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 problem or error appeared. When contacting us: 1. Tell us your name and account number; 2. Provide the dollar amount of the suspected error; 3. Describe the error or the transfer you are unsure of, and explain as clearly as you can why you believe there is an error orwhy you need more information. We will investigate your complaint and correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have use of the money during thq time it takes us to complete our investigation. Creditor: American Express Bank, FSB. New York residents may contact the New York Banking Department to obtain a comparative credit card rates, fees and grace periods by calling 1-800-518-8866. Change of Address • To change your address online, visit www.americanexpress.com/updatecontactinfo 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 Fhone 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.americanexpress.com/privacy 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. RNfERiWN EXP8E5S Prepared For Account Number Closing Date Page 3 of 5 CHUCK ROTHSTEIN XXXX-XXXXX1-03002 08/05/09 CARLETON COMM INC Finance Charges Average Daily Daily Actual ANNUAL Nominal ANNUAL Periodic Billing days this period: 30 Balance $ Periodic Rate PERCENTAGE PERCENTAGE FINANCE RATE RATE CHARGE$ Purchases 0.00 0.0746% 0.00% 27.24% 0.00 Cash Advances 0.00 0.0746% 0.00% 27.24% 0.00 0.00 Certain of the periodic rates and APRs above may be variable. Those rates may vary based upon the prime rate identified in the Wall Street Journal, as described in your Cardmember Agreement as currently in effect. /?. D E L T AI SkyMiles® Account Number: Current Year to Date 2650317551 Period Total Miles Earned 0 6,526 Miles Earned for Eligible Spend 0 5,893 Total Bonus Miles Earned 0 633 Remember, you can earn a Miles Boost" of 10,000 Medallion® Qualification Miles by reaching $25,000 in eligible purchases by December 31st. Your Year-to-Date spend on your Platinum Delta SkyMiles® account is $ 5,893.00. Terms and Conditions apply. Please visit americanexpress.com/deltacardbenefitsfor details. Credits appearing this billing period may have resulted in a negative number of miles earned this billing period. Future qualified spending will be applied against your negative miles balance. Miles shown on your American Express statement may vary from the number of miles shown on your Delta SkyMilese statement due to differences in timing of individual statement production. All miles earned each billing period are transferred to your Delta Air Lines SkyMiles® account. Any bonus miles earned at participating partners will be reflected in your Delta SkyMilese Frequent Flyer statement. Prepared For Account Number Page 4 of 5 CHUCK ROTHSTEIN XXXX-XXXXX1-03002 CARLETON COMM INC ERA OPEN Savings" Summary E?Ct?pE55 Prepared For Account Number Page 5 of 5 CHUCK ROTHSTEIN XXXX-XXXXX1-03002 CARLETON COMM INC Total Savings to Date Savings Since For This Account Jan 2009 $ 67.03 2.43 Savings This Period Through Aug 04 66] Program End Date Transactions This Period Discount % Savings SavinYIN nce or Credit This Period 009 FEDEX - Ground, Express and International shipments Ongoing $0.00 5% $0.00 $2.43 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 CAREY - Premier transportation services Ongoing $0.00 5% $0.00 $0.00 CONSTANT CONTACT - Email marketing services Ongoing $0.00 3% $0.00 $0.00 COURTYARD BY MARRIOTT- For participating hotels, visit marriott.com/opensavmgs Ongoing $0.00 5% $0.00 $0.00 EPSON - 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 marriott.com/opensavings Ongoing $0.00 5% $0.00 $0.00 FEDEX OFFICE 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 RESIDENCE INN BY MARRIOTT - For participating hotels, visit marriott.com/opensavings Ongoing $0.00 5% $0.00 $0.00 SYMANTEC - Security and Back-up software including Norton(TMIproducts Ongoing $0.00 10% $0.00 $0.00 SPRINGHILL SUITES BY MARRIOTT - For particip. hotels, visit marriott.com/opensavings Ongoing $0.00 5% $0.00 $0.00 TOWNEPLACE SUITES BY MARRIOTT - For particip. hotels, visit marriott.com/opensavings Ongoing $0.00 5% $0.00 $0.00 Totals $0.00 $2.43 Other Ways To Savel G) RLEr,)-1+ r CE OF 2009 S`P -8 PM 1: ? 3 pa +,?1\trt. 'ONO L1 v/. *118.50 Pa A7TY et`? lala3 pT,t aao aq 3 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ??tst?tr 4t uu,?brr/???? ".:RIFF RLED--Ul N°'??'AF?Y OF THE r '.',: -'' 2009 SEP 1 1 Pr 1: 51 ?'Ei?i,?. American Express Bank, FSB vs. Carlton Communications, Inc. Case NuhOber SHERIFF'S RETURN OF SERVICE 09/09/2009 10:23 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on Aug 2009 at 1023 hours, he served a true copy of the within Complaint and Notice, upon the within nar defendant, to wit: Carlton Communications, Inc., by making known unto Jody Fink, Vice President Operations at 937 Nixon Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its conte at the same time handing to her personally the said true and correct copy of the same. 09/09/2009 10:23 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on Aug 2009 at 1023 hours, he served a true copy of the within Complaint and Notice, upon the within nar defendant, to wit: Charles Rothstein a/k/a Chuck Rothstein t/a Carlton Communications, Inc., by rr known unto Jody Fink, Vice President of Operations at 937 Nixon Drive Mechanicsburg, Cumberlc, County, Pennsylvania 17055 its contents and at the same time handing to her personally the said correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, y September 10, 2009 R THOMAS KLINE, SHERIFF 9, and 9, ng and By Deputy Sheriff Benjamin D. Andreozzi ATTORNEY ID: 89721 P.O. BOX 554 CAMP HILL, PA 17001 717-926-1192 AMERICAN EXPRESS BANK, FSB Plaintiff, V. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN t/a CARLETON COMM. INC. and CARLETON COMMUNICATION, INC. Defendants. ATTORNEY FOR DEFENDANTS THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION 01091 NO. 09 - 6IL TERM PRELINMARY OBJECTIONS AND NOW, come the Defendants, by and through their counsel, and file these Preliminary Objections in response to Plaintiffs Complaint, and allege the following: 1. Plaintiff initiated this cause of action by filing a Complaint on or about September 8`h, 2009. 2. Plaintiff's Complaint names as Defendants Charles Rothstein a/k/a Chuck Rothstein Va Carleton Comm. Inc., and Carleton Communication, Inc. 3. The Complaint alleges that Defendants requested, and Plaintiff furnished a Credit Card account, with terms and conditions set forth in Exhibit "A" of the Complaint. See Complaint 14. 4. The Complaint alleges that Defendants purchased goods and services using the account, and that as of July 5, 2009, there was due an owing $37,529.97. See Complaint 16. 5. The Complaint further alleges that the terms and conditions of the contract between Plaintiff and Defendants provides for the accrual of interest at the rate of 27.24% per annum. See Complaint 18. 6. The Pennsylvania Rules of Civil Procedure provide that a party may file preliminary objections when a pleading fails to "conform to law or rule of court," when there is "insufficient specificity in a pleading," or when a pleading is "legally insufficient" See Pa.R.C.P 1028(2),(3),(4). 7. The Pennsylvania Rules of Civil Procedure also require that "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form", that [a]verments of time, place and items of special damage " be specifically stated, and that when a claim is based on a writing, the pleader "shall attach a copy of the writing, or the material part thereof..." See Pa. R.C.P 1019(a), (f), (i). 8. The Pennsylvania Rules of Civil Procedure also requires that every pleading which contains an averment of fact not appearing of record shall state the averment is true upon the signer's personal knowledge or information and belief and shall be verified. See Pa. R.G.P. 1024(x). 9. Accordingly, Defendants assert the following Preliminary Objections to Plaintiff's Complaint. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT (,..PA.R.C.P. 1028(A)(2)). 10. Defendants incorporate paragraphs 1-9 as if set forth at length. 11. Plaintiff asserts the existence of contract between the parties but fails to attach a copy of such contract to the Complaint as is required by Pa.R.C.P. 1019(i). 12. In a credit card suit, a creditor must "attach the writings which assertedly establish [the creditor's] right to a judgment." Atlantic Credit and Finance, Inc. v. Giuliani, 829 A.2d 340, 345 (Pa. Super 2003). 13. Plaintiff only attaches a copy of what purports to be a standard Delta SkyMiles Business Credit Card Agreement as Exhibit "A" to the Complaint. 14. This document does not contain the signature of any of the Defendants or their authorized representatives, nor does it contain dates or other pertinent information which in any way links the agreement to any of the Defendants, let alone establishes the right to a judgment. WHEREFORE, Defendants respectfully requests that Plaintiffs Complaint be dismissed. II. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT (PA.A.C.P. 1028("2)) and INSUFFICIENT SPECIFICITY IN A PLEADING (PA.R.C.P. 1028(A)(3)). 15. Defendants incorporate paragraphs 1-14 as if set forth at length. 16. Plaintiff asserts that there is a current amount due and owing of $37,529.97, but does not provide any factual support for this allegation. 17. Plaintiff only attaches a savings summary and payment coupon which fail to establish any charges were made, let alone charges in the amount of $37,529.97. 18. These documents do not provide Defendants with enough information to enable them to formulate a defense and clearly do not set forth the dates or amounts of the alleged charges, nor do they indicate where the charges were allegedly made in violation of Pa.R.C.P. 1019(a) and (f). WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed. III. LEGAL INSUFFICIENCY (DEMURRER}(PA.R.C.P. 1028(4)) 19. Incorporates by reference paragraphs 1-18 as if set forth at length. 20. Plaintiff's Complaint names as Defendants Charles Rothstein a/k/a Chuck Rothstein, and the caption and Complaint aver that he trades as or does business as Carleton Comm. Inc. 21. Defendant Charles Rothstein is the CEO of Carleton Communications, Inc., which is a wholly owned Delaware Corporation. 22. At no time has Charles Rothstein ever traded as or done business as Carleton Comm. Inc. See Affidavit of Charles Rothstein attached hereto as Exhibit "A". 23. Plaintiffs Complaint alleges that the account in question is a "Business Credit Card" and there is no allegation what-so-ever that Charles Rothstein held this account individually, nor is there any allegation that he personally guaranteed payment, and thus Defendant Charles Rothstein could not be liable for the alleged debt. WHEREFORE, Defendants respectfully request that Plaintiff s Complaint be dismissed. IV. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT (PA.R.C.P. 1028(A)(2)) 24. Paragraphs 1-23 are incorporated by references as if set forth at length. 25. The verification attached to the Complaint is signed by counsel for the Plaintiff. 26. There is no indication that counsel is an employee of Plaintiff, and as such, counsel cannot have personal knowledge of facts and allegations set forth in the Complaint as is required by Pa. R.C.P. 1024(a). WHEREFORE, Defendants respectfully request that Plaintiff s Complaint be dismissed. G? Date: October , 2009 1 By: Benjamin . A?feozzi ID# 892 P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 Counsel for Defendants EXHIBIT "A" 10/1912009 11.59 PAX z 008!008 I, Charles RotboWn 65 hereby swear and firm that I am the C'90 of Cadamn ComnunicaWoms, Inc., which is a wholly ewaedSMOn Corporation. At no time did I either trade as or do business as an et+dty Imown as Carlo= Comm Inc. Dee: October Lgy-, 2009 Cbmies Rothstein t4/1a/c048 11;50 FAX jQQi/008 I, Cbuolc Rothstein, verify *9 I am the au&oriW representative of Carleton Communications and that the attachid Preliminay Objections arc based upon the i4ft oration which has been gathered by me, my cotmsel and/or oters on my behalf in preparation of the defense of this lawsuit. Tht Wow of the Preliminary Objections is that of counsel and is not mi n. I have reed the Prelimb2 y Objections and to the extant thtot it is based upon information which I have given to my commel, is me and comm to the best o ray knowledge, information and belief. To the extent that aarttents of the Preliminary Objectims are that of ectansol and/or others em my behalf, I have reliod upon these in meeldog this Verification. I understand that intearlonal false suteoonents hesnoin are made subject to the penalties of IS Pa.C.S. §4904 relatitag to ua wore falsifications made to authorities. 4" Date: October 2009 Chuck Rothstein Cartwona Communications, Inc. Title: CEO CERTIFICATE OF SERVICE_ I, Benjamin D. Andreozzi, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing Preliminary Objections upon the persons and at the addresses below named by first class mail. David Dessen, Esq. 600 Easton Road Willow Grove Road, PA 19090 Date: October ) ? ? , 2009 By: Benjamin Zzi IN 89271m P.O. Box 554 Camp Hill, PA 17001 (717) 926-1192 Counsel for Defendants 2009 OCT 20 P ? ? ,? ?? rCI ?a ~ / ~ V PRAECIPE FOR LISTING CASE FOR ARGUMENT ~I . J. c.r.~^ wi (Must be typewritten and submitted in tri~~~ ~~`~~'~' ~' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (Lis1~~~ vr~?~jatl~~rlfaD~th~next Argument Court.) -------- ----- ---- ------- ------------------------------------------ P ---- - - --------- ~~ ~~c14 ^_~~ ~ CAPTION OF CASE American Ex ress Bank, FSB vs. Charles Rothste ii~arlt i (entire caption must be stated in full) `-d' ` " American Express Bank, FSB P.O. Box 981535, El Paso, TX 79998 vs. C/ Charles Rothstein a/k/a Chuck Rothstein t/a Carlton ~ o Comm. Inc. and Carleton Communication, Inc. C ~ 937 Nixon Drive, Mechanicsburg, PA 17055 2009-6092 Civil ~~~ ~-- No. .~, . ~Terrr~ ~ ~zg r- _, . _ ~_ N sn "`~ G 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurer<to cx~ `_ ~ ~,_:: complaint, etc.): ~ c . ,,~ ~: ~~~. Defendant's Preliminary Objections ~ ,- ~, • 4 ~ .~: 2. Identify all counsel who will argue cases: ~ t =- (a) for plaintiffs: ~ m - ~ David S. Dessen, Equire (Name and Address) 600 Easton Road, Willow Grove, PA 19090 (b) for defendants: Benjamin D. Andreozzi, Esquire (Name and Address) P.O. Box 554, Camp Hill, PA 17001 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature David S. Dessen Print your name American Express Bank, FSB Attorney for Date: ~ ~Z ~ ! 0 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. AMERICAN EXPRESS BANK, FSB, Plaintiff vs. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN t/a CARLETON COMM., INC., CARLETON COMMUNICATIONS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-6092 CIVIL DEFENDANTS' PRELIMINARY OBJECTION ORDER AND NOW, this ~ ~' day of August, 2010, the Court being in agreement that the above matter was stricken in error, plaintiff is granted leave to argue the matter on Wednesday, August 18, 2010, at 11:30 a.m. in Courtroom Number 1. BY THE COURT, _il ,g , Kevin .Hess, P. J. David S. Dessen, Esquire For the Plaintiff Benjamin D. Andreozzi, Esquire For the Defendants Court Administrator _ ~ (.~ c.~cL. , ;v I :rlm c g.S rh-~l 8~r2f~~ =~ C~ r.-y O ~~ p c° .;::~ d ~,-~ ~ r - _ ~ - =r. ` .~ _. b - AMERICAN EXPRESS BANK, FSB, Plaintiff vs. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN t/a CARLETON COMM., INC., and CARLETON COMMUNICATIONS INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4s CIVIL Loo 2 IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE HESS, P.J., OLER AND MASLAND J J ORDER AND NOW, this Z G " day of August, 2010, following argument thereon, the preliminary objections of the defendants are OVERRULED. BY THE COURT, KeviHess, P. J. David S. Dessen, Esquire For the Plaintiff ? Benjamin Andreozzi, Esquire For the Defendants C c Arn 01 tp I Q ?. a `• I' y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF :~~ ~ _ 0 ~ ~' 0 CUMBERLAND COUNTY, PENNSYLVANIA OF T~-E PROTHONOTARY American Express Bank, FSB P. O. Box 981535 ~~~ ~~~ ~ 9 A~ 10~ 29 El Paso, TX 79998 vs. Case No. 09-60{9~'~~~~~-~^~0 OOUNTY Charles Rothstein a/k/a F~~ R S ~' LVA N I A Chuck Rothstein t/a Carleton Comm, Inc. 937 Nixon Drive Mechanicsburg, PA 17055 and Carleton Comm, Inc. 937 Nixon Drive Mechanicsburg, PA 17055 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant for want of an answer. (XXX) Assess Damages as follows: Debt $37,529.97 Interest $11,173.13 TOTAL $48,703.10 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IF FOR SPECIFIC AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that the Complaint was served on the Defendant by the Sheriff of Cumberland County on September 9, 2009. I certify that written notice of the intention to file praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 David S. essen ESQUIRE 600 Easton Road, Willow Grove, PA 19090 Phone: (215) 658-1400 Attorney I.D. No. 17627 Attorney for Plaintiff {~1~: 00 Po AT1'y a~ ~t,v ~~ a~ ~? I~Io~I,ce Maled This ~ day of f SID ,judgment is entered in favor of Plaintiff and against Defendant, by default for want of an answer and damages assessed at the sum of $~ '703. I b as per the above certification. J Pro onotary, Cumberland County w OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB : P. O. Box 981535 : El Paso, TX 79998 : vs. Case No. 09-6092 Charles Rothstein a/k/a . Chuck Rothstein t/a Carleton Comm, Inc. 937 Nixon Drive Mechanicsburg, PA 17055 and . Carleton Comm, Inc. . 937 Nixon Drive . Mechanicsburg, PA 17055 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I, David S. Dessen, ESQUIRE, being duly sworn according to law, depose and say that I am authorized to take this Affidavit for and on behalf of Plaintiff; that Defendant(s) is/are individuals(s), more than eighteen (18) years of age; and that Defendant(s) is/are not in the Armed Forces of the United States of America or its Allies, or otherwise within the pervue of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. David S. Dessen, Esquire DESSEN, MOSES & ROSSITTO 600 Easton Road Willow Grove, PA 19090 Phone: (215) 658-1400 Attorney I..D. No. 17627 SWORN TO AND SUBSCRIBED before me this - day of 10 r <_> June A. Sheinoff-Notary Publ c Upper Moreland T~vp., Montgomery County MY COMr~IS'.3!ON rX~r:-^ ;i ~~~~ C3, 2U12 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB P. O. Box 981535 El Paso, TX 79998 vs. Case No. 09-6092 Charles Rothstein a/k/a Chuck Rothstein t/a Carleton Comm, Inc. 937 Nixon Drive : Mechanicsburg, PA 17055 and Carleton Comm, Inc. 937 Nixon Drive : Mechanicsburg, PA 17055 AFFIDAVIT OF SERVICE OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I, David S. Dessen, ESQUIRE, being duly sworn according to law, depose and say that I served a copy of the attached Ten (10) Day Notice of Intention to Enter Judgment upon the Defendant by regular mail on September 15, 2010, the date set forth thereon. ~?.DS~~ David S. Dessen, Esquire DESSEN, MOSES & ROSSITTO 600 Easton Road Willow Grove, PA 19090 Phone: (215) 658-1400 Attorney I..D. No. 17627 SWORN TO AND SUBSCRIBED before me this ~~ day of 2010 ~;~, G ~ -- ..-,~~f+~ SEAL June A, Sheino>`f-Notary Put}iic Upper Moreland Twp., Montgomery County MY COMMISSION EXPIRES JUNE 03, 2012; DESSEN, MOSES& ROSSITTO BY: David S. Dessen Identification No. 17627 600 Easton Road Willow Grove, PA 19090 (215)496-2902 AMERICAN EXPRESS BANK, FSB Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION vs. CHARLES ROTHSTEIN a/k/a CHUCK ROTHSTEIN t/a CARLETON COMM., INC., and CARLETON COMMUNICATIONS, INC. N0.09-6902 NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE AVISO IMPORTANTE TO: .Charles Rothstein, et al. 937 Nizon Drive Mechanicsburg, PA 17055 DATE OF NOTICE: September 15, 2010 A: Charles Rothstein, et al. 937 Nizon Drive Mechanicsburg, PA 17055 FECHA DE NOTICIA: September 15, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY.:QR'8Y ATTORNEY AND FILE IN WRITING..: WITH THE COURT YOUR DEFENSES OR OBJECTIONS- TO :THE CLAIMS SET FORTH AGAINST YOU. UNLES$ YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT. AFFORD ONE, GO TO OR TELEPHONE THE:FQLLOWING OFFICE TO FIND OUT WHERE YOU:. CAN GET LEGAL HELP. USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASE. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PEUDE REGISTRAR UNA SENTENCIA CONTRA USTED, SI EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD O DERECHOS IIvIPORTAN"~'ES. -USTED DEBE LLEVAR ESTE AVISO A UN ABODADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARR AYERGUAR DONDE PUEDE OBTENER AYUDA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 Soulh .Bedford. Street 32 South Bedford Street Carli~le,.PA 1.7013 Carlisle, PA 17013 Z17-249-3166 717-249-3166 DESSEN, OSES & ROSSITTO . David S. Dessen, Esq ire Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB . P. O. Box 981535 El Paso, TX 79998 vs. Charles Rothstein a/k/a Chuck Rothstein t/a Carleton Comm, Inc. . 937 Nixon Drive Mechanicsburg, PA 17055 and Carleton Comm, Inc. . 937 Nixon Drive Mechanicsburg, PA 17055 . NOTICE Case No. 09-6092 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you, in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: David S. Dessen AT THIS TELEPHONE NUMBER: (215) 658-1400 10~9~10