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HomeMy WebLinkAbout09-7570w , -Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. CRAIG HENCH 9 KEYSTONE DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A I ,Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. CRAIG HENCH 9 KEYSTONE DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: © 9 - 9 S 7 0 eu-n-j CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS BANK, FSB c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are CRAIG HENCH, an adult individual residing at 9 KEYSTONE DR MECHANICSBURG, PA 17050. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS BANK, FSB, issued to Defendant(s), Account #3725-446916-72007. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $33,354.57. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $33,354.57 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASPCIATES, P.C. A Law Firm Engiged in Debt BY: Dated: 10/23/2009 David J. ApVth*e'r, Esquire Our File No.: 232067 s s • VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and therein are made subject to the penalties of 18 Pa.C The undersigned understands that the statements to unworn falsification to authorities. David J. Apaker, Esquire Attorney for-Plaintiff DATE: 10/23/2009 AMERICAN EXPRESS BANK, FSB CRAIG HENCH 9 KEYSTONE DR MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: CRAIG HENCH Account Number: 3725-446916-72007 Balance Due: $33,354.57 Our File No.: 232067 EXHIBIT "A" cig- FILED- THr. -'P ;C irir GARY 2009 NOV - 2 Pik 3: 4 8 CUt?3 ?J'NTY 9 718. sa ;)CL- wdy ems' ts??z? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline ~~ ' Sheriff 4tis,t~,~ r~i ~.~n,t~rr~,~r "'~ ~~ .;.. ~ ~ ~_ ~r~y Ronny R Anderson ~ 1d Chief Deputy ~~~ ~ i'~ J'~` ; ~ ~:, c ~ ~ ~ Jody S Smith Civil Process Sergeant "~'~~ ,. ~. .., ~ -~ ~ ~ ,/ Edward L Schorpp ~ ~ ~~ ~~ Solicitor American Express Bank, FSB Case Number vs. 2009-7570 Craig Hench SHERIFF'S RETURN OF SERVICE 11/06/2009 03:21 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2009 at 1521 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Craig Hench, by making known unto himself personally, at 9 Keystone Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, .a~~ .,~ November 09, 2009 R THOMAS KLINE, SHERIFF Depot Sheri c; C,. ~ ~cotT. i i ~:. C. N G:7 c ~.. J ~.~ LAW OFFICES OF PETER J. RUSSO P.C. `-~ " ~ ~~ ~ ~, , ATTORNEYS FOR DEFENDANT = ~ mr; `~`~' 5006 EAST TRINDLE ROAD, SUITE 100 r_ N .j~!1 ._ ~+ =-; MECHANICSBURG, PA 17050 .. - ~ -" ~_ ~ '-'i :~ (717) 591-1755 -PHONE t ` rv -%`~`' (717) 591-1756 -FAX ~ r~ AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION -LAW CRAIG HENCH NO. 09-7570 CIVIL TERM DEFENDANT JURY TRIAL DEMANDED NOTICE TO PLEAD TO: AMERICAN EXPRESS BANK, FSB c/o DAVID J. APOTHAKER, ESQUIRE You are hereby notified to file a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: Thursday, January 21, 2010 Respectfully submitted, LAW OF CES OF PET R J. RUSSO, P.C. Peter J. Rus~! Esquire Attorney ID No. 72897 ~ Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CRAIG HENCH DEFENDANT CIVIL ACTION -LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT CRAIG HENCH TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, COME Defendant, Craig Hench by and through his attorneys, Law Offices of Peter J. Russo, P.C., and files the within Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers as follows: 1. On or about November 2, 2009, Plaintiff commenced an action against Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania purporting to set forth a single cause of action against Defendant sounding in breach of contract. 2. Plaintiff commenced an action against Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 3. On or about December 8, 2009, Defendant filed Preliminary Objections to Plaintiff's Complaint. 4. On or about January 12, 2010, Plaintiff filed an Amended Complaint again purporting to set forth a single cause of action against Defendant sounding in breach of contract. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT and INSUFFICIENT SPECIFICITY IN A PLEADING - PA.R.C.P. 1028 5. Paragraphs 1 - 4 are incorporated herein by reference as if fully set forth at length. 6. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, it must be attached to the pleading. 7. The allegations set forth in Plaintiff's Complaint assert that Defendant owes a sum of money to the Plaintiff, specifically $33,354.57. 8. Plaintiff attaches Exhibit A which purports to be "a true and correct copy of the total due and owing." 9. Plaintiff fails to attach the contract between the parties and is therefore in violation of the Rules of Civil Procedure. 10. 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, 2003 PA Super 259, 829 A.2d 340, 345 (2003). 11. The Plaintiff has failed to "attach the writings which assertedly establish [the creditor's] right to a judgment." 12. Rule 1019 of the Pennsylvania Rules of Civil Procedure requires that a plaintiff shall (1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. 13. Whenever a claim involves one period of time in which the initial terms and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions apply, the plaintiff must attach to the complaint both the original and amended terms and conditions with the dates on which they are applicable. Worldwide Asset Purchasing,, LLC v. Stern, 153 P.L.J. 111 (2004). 14. A complaint in which a plaintiff seeks recovery of a specific amount of money that is allegedly due must include sufficient documentation to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations in the complaint. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 15. Plaintiffs Complaint is insufficiently specific because it does not meet the requirements of Pa. R.C.P. 1019(a) and (f). 16. Plaintiff avers that Defendant owes $ 33,354.57 for charges made under a credit agreement with a credit card yet attaches Exhibit A which is nothing more than a single sheet of paper with Defendant's name, address, account number and the alleged balance due. 17. Pa.R.C.P. 1019(f) states that "[a]verments of time, place and items of special damage shall be specifically stated." 18. Plaintiff has failed to comply with Pa.R.C.P. 1019(f). WHEREFORE, Defendant respectfully requests that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff s Amended Complaint. FAILURE TO CONFORM TO RULE OF COURT Pa. R.C.P. No. 1028(a)(2) - (Improper Verification) 19. Paragraphs 1 - 1$ are incorporated herein by reference as if fully set forth at length. 20. Pa. R.C.P. No. 1024 requires that every Complaint be verified by a party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. No. 1024(c)(1)and(2). 21. The Amended Complaint, like the original, is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 22. The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. No. 1024(c). WHEREFORE, Defendant respectfully requests that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff's Amended Complaint. Respectfully submitted, LAW OF DES OF PETER J. RUSSO, P.C /;~ ..-- Peter J. Russo, Esquire Attorney ID No. 72897 .Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: Thursday, January 21, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRiNDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX AMERICAN EXPRESS BANK, FSB PLAINTIFF v. CRAIG HENCH COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEFENDANT NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiffls Amended Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant n i BY: Ashley R. ipe, Parale 1 Date: Thursday, January 21, 2010 [". AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG HENCH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-7570 C{VIL TERM IN RE; DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J.. OLER, J. AND MASL,AND, J. ORDER OF COURT ~i ~' AND NOW, this ~ day of October, 2010, Defendant's preliminary objection to Plaintiffs amended complaint is SUSTAINED. The court grants Plaintiff leave to file a legally sufficient second amended complaint within 30 days of this order. By the Court, Ibert H. Masland, J. ~njamin J. Cavallaro, Esquire For Plaintiff ,~eter Russo, Esquire For Defendant J saa T.J ~ w~~ = -:, ..,~ ;-~ . _F.~r { v-, ~~ ~ , ~ _,^ ~ ~ ~~7 ~ ---- ~ ~ ~'t .._tr AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG HENCH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-7570 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J. , OLER, J. AND MASLAND, J. OPINION AND ORDER OF COURT Masland, J., October 5, 2010:-- Before the court are the preliminary objections of Craig Hench, Defendant, to the amended complaint filed by Plaintiff, American Express Bank, FSB. For the reasons stated briefly below, Defendant's preliminary objections are sustained. This is a collections matter arising from an allegedly delinquent credit card account. Defendant objects to the adequacy of Plaintiffs amended complaint on the grounds that Plaintiff has failed to plead its case with sufficient specificity and that the amended complaint is improperly verified. Defendant first argues Plaintiffs amended complaint is not sufficiently clear to enable him to prepare a defense. He contends Plaintiffs failure to articulate the legal theory underlying its claim against Defendant justifies the granting of a demurrer and striking of the complaint. We disagree. Plaintiffs amended complaint is admittedly sparse. However, we conclude it contains sufficient pleading to establish its claim against Defendant. The l.,, 09-7570 CIVIL TERM amended complaint makes it clear that this is a credit card collection matter arising from the breach of a written cardholder agreement, a copy of which is attached to the pleadings. A complaint in debt collection filed against a credit card debtor must, at a minimum, include a copy of the relevant cardholder agreement and a statement of the account to substantiate the amount allegedly owed. Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340 (Pa. Super. 2003). As Plaintiffs amended complaint contains both these documents, Defendant's objection to the sufficiency of the specificity of the amended complaint is overruled. We next address the verification issue. Plaintiffs amended complaint is not verified by a party to the cause of action, but by Plaintiffs attorney. Rule 1024(c), states: The verification shall be made by one or more of the aQ rties filing the pleadings unless all parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. Pa. R.C.P. No. 1024(c) (emphasis added). Here, Plaintiffs amended complaint is verified by its attorney without providing any explanation for why the verification is not made by a party. As such, the verification is deficient and Defendant's preliminary objection is sustained. The court grants Plaintiff leave to file a legally sufficient second amended complaint within 30 days of this opinion -2- f .. 09-7570 CIVIL TERM and order. ORDER OF COURT AND NOW, this _ day of October, 2010, Defendant's preliminary objection to Plaintiffs amended complaint is SUSTAINED. The court grants Plaintiff leave to file a legally sufficient second amended complaint within 30 days of this order. By the Court, Albert H. Masland, J. Benjamin J. Cavallaro, Esquire For Plaintiff Peter Russo, Esquire For Defendant :saa -3- Our file No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. CRAIG HENCH 9 KEYSTONE DR MECHANICSBURG, PA 17050 Defendant. ~'iLED-OFFICc aF Tiwi~ ~i~U ~HOi~OTARY 2~IOt~`~~ -3 P~9 ~~ -~~ Cf~~~~;~.?i_Ad~ Ct7l.~iyTY ~'~~~r~~YLVA~i~'~ NOTICE Civil Action You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-7570 CIVIL TERM 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road. C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. CRAIG HENCH 9 KIYSTONE DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-7570 CIVIL TERM Civil Action AMENDED COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS BANK, FSB ("Plaintiff'), 4315 SOUTH 2700 WEST, SALT LAKE CITY, UT 84184. 2. Defendant is CRAIG HENCH ("Defendant"), an adult individual residing at 9 KEYSTONE DR MECHANICSBURG, PA 17050. 3. Defendant applied for, received and used a credit account issued by AMERICAN EXPRESS BANK, FSB, account number ending in 2007 ("Account"), pursuant to a written agreement in effect at all times relevant herein. 4. The Cardmember Agreement for the Account is attached hereto and incorporated by reference herein. 5. Under the terms of the contract, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers. 6. Defendant, in return, promised to timely pay the principal balance accumulated-plus interest, fees and penalties where applicable. 7. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the agreement. } y' 8. Defendant defaulted under the terms of the agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 9. The last payment on the Account was recorded on or about September 12, 2008. 10. The Account was charged off on or about May 13, 2009 with an outstanding balance of $33,354.57. 11. The attached credit card statement evidences the charge-off balance for the Account. 12. Plaintiffhas suffered monetary damages in the amount of $33,354.57. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $33,354.57 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in l~bt Collection BY: Esquire Dated: October 29, 2010 VF..RIFICATUN ~~~ ~~ oss~s~tw~t cusroDU~+trF A~~ hereby states that I am vaza~~z ass~s~r,~rr cusrorww oc ~a~ca~t~s M for plaintiff, American Express Bank., FSB, in this action, and that I am authorized to take this Verification, anti that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 1$ Pa.C.S.A. 4904 relating to unsworn falsification to authorities. t Dated: YQ/Z9~Id Defendant's Name: CRAIG HENCH Account Number: 3725-446916-72Q07 Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallazo, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. CRAIG HENCH 9 KEYSTONE DR ' MECHANICSBURG, PA 17050 Defendant. Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallazo, Esquire, attorney for Plaintiff, certify that on October 29, 2010, I mailed a copy of Plaintiff s Amended Complaint by Regulaz mail to: PETER RUSSO, ESQUIRE 5006 EAST TRINDLE ROAD, STE 100 MECHANICSBURG, PA 17050 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-7570 CIVIL TERM Esquire Dated: October 29, 2010 v49_FDR 706744 2/27/04 12:39 PM Page 1 Wefcorrte to American Express Cardmembarship This documatt and the aeoompanyingsuppk'rrtertt(s) aortstiorteyour Agreanent Please read and keep this Agreement Abide by its oemss. When You keep, sign ease the Card issued ro you (including arty renewal s replacatterrt Cards), or you use the account associated with this Agreement (}utu "Account"), you agree to the terms of this Agreement The words "you,"'}ouu<" and'~ours' mean the person who appBed for the Accotm ardthe person to whomae address billing statements, az well az arty persar who agrees to be liable on the Account The "Basic Cardmembet' islhe personwho opened die Accamt M your regrtest, we may oho issue a Card on yatr Amount to another person (an "Additional Cardrrtentbet").'ihererm "Card" refers to the American Expres° Card issued ro yon, a6 dher Cards issued mn }our Amount, and arty otherdevice (such az Account numbers and convenience check) with which you may amess your Accormt "We; "'our" and "us" refer to America[[ Express Bank, FSB, the issuer of yourPccottnt Using the Card You may use the Card to obtain goads and services from any person who amepts the Card ("Purchase(s)").You may also usethe Card to obtain loans ("Cash Advance(s) ") through various means we may make areilabke (e.g,1ffM machines) up to the applicable: VimiLS on your Amount At our discretion, we maypermit }ou to transfer balances Fran other amoumsmyourAmount ("BalarsceTrander(s)"). At ourdisaetion, we may issue convenience checks that you can use to arxxss yourAmamt. Each convertience dteck maybe used onlyby you You may not use convenience dtecks to pay arty amount you owe urn thk Agreement s to pay any other account you have with us occur a~Bates. Transactions you make fn tespatse to promotional offers from us will be subject to the terms oFthe promotion and thisAgrcemen4 All amounts charged to yoarAmount, including 1'rtmltase, Casa Advances, Balarxe Transfers, convenierce checks, annual Fee(s), if any, any amounts guaranteed by use aF the Card, other fee, and arty Finance Charges, are "Charges.,' A convertience dteclc thatwe identify az having been made payable to rash, to yvu, orw abank, brokerage a similar aset amount will be treated az a Cash Advance Any other carvenierrce check ardls a Balance Transfer wi11 be treated as aPurchase, exceptaz otherwise noted If you make a Purchase or a Balance Trutsfew or use a carvenience check, that is governed by apromotional offer from us, the Charge will be irrcluded in a Promotional Balance, unless we notifyyrou otherwise. You agree not to let any person use a Card except a Cardmember whose name is on ft You agree to Wordy us iF the Card is last s stolen, syou suspect that it is being used withoutyom permission. You agree b roe the Account only for Purchases, Cash Advances, s Balance Transfers that are lawful and are permitted under thk Agreement We mayissue you renewal or replacement Cards before a previously ~ Card expires. R }ou or an Additional Carrh»ember authorize a third party m bill Charges on a recurring basis to yourAmount ("Retuning Charge(s)"), we may (but are notrequired to) provide such thirdparry with yourcumeatt Amountstann, Card number and/s expiration dad to pemtit that third party to continue bRlingyour Account We may take such sapsevat if your account number changes s if we issue a renewal or replacement Gard to you s an Additional Cardmember. Towithdraw authorization fs a Recurring (xrarge, you must notify the thud parry. AnnualFeo The annual fee is $55 unless you also have an American Express consumer Gold Card, Platinum Card or Personal Card ("Qualifying Charge Card Product") that has an annual fee, h which case there is no annual fee. The annual fee for the Gold Card tr $85 unlessyou hale a Qualifying Charge Card Product, in which case the annual (ee is $30. The annual fee for the Platinum Card is $135 uriless you bare a Qualifying Charge Card Product, in which case the annual tee is $B0. Credit Line Aponion of }our credit line may be available to you fs Cash Advances up b your Cash Advance limit We may, a[ any time and in oursok discretion, irtaease ands dearrseysu credit line and Casa Adsarsce limit We may Ilmit Charges at an automated teller machine ('.ATM") to the lessee of (i) a total of $1,000 in any serest-0ay period, fs Classic Cn~it cardmembers, a total of $2,500 in arty serer[-day period fs Gold Credit Cardrmembers, atotal of $3,500 in arty srserr~ayperiad fs Platinrw Credit Cardmernbers or (ii) the mat^t^g amoum oFthe Cash Advance Bmiton your Account; and we may impose addiional limits atoursole discretion (in addtlon to any limits imposed by the ATM's awrter).Your billmg staterttertts will showyour credit line and Cash Advance limit acct die unused portions of sudt line and Brnit az a(dve statemerstdate. You agree to manage your Aocou[ttso thatyourbalartce far Cash Nuances (irtcludingfee and Finaane Charge) vd6 rrarexaead the CashAdvance limit and your overall balance (including fees and Finarrce Charges) will not exceed your credit Bre. You agree to pay us, immediately upon requei, the amount of arrybalattce onyow Arum in excess of any applicable credit litre or omit We reserve th right to decline atry amemp~dCharge, even if the Charge would narcause you to exceed your credit line or limit We are not responsible for any lasses Bother cortsequerroes if a transaction on yauAOCount is not appra~ed for arty reazort, even if yew bare sufficient credit available. Except az otherwise regained by applicable lavg we will not be responsible ff any merchant reflrses ro honor the Card odor any other problem you may hate with a merchant Promise to Pay You promise to pay all Charges, including Charges incurred byAd~tional Cardmenbers, on yourAmuttnt This promise includet arty Chard for which you a an Addifional Cardmember indicated an intent ro incur the Charge, eterr IIyou s die Additional Cardmermber have rtotslgrted a charge lam orpresertted the Card You also promise to pay any Charge irrcurtedby arryone that }ou or an Additional Cadmember let use the Card, evert though you have agreed ^ar to In artywte eke use the Card Status of and Responsibility for Additional Cardmembers Additional Cardmembers do nahave amottntswith us. [rtstead, they are authorized users on your Account, and the Cards issued W them maybe cancelled byyat or us at arty time. You must notify us to revoke an Additional Cardrrtember's pemtissiat m use your Account You ate respon- sible urtderthis Agreememfor aBrue of yourAmount bythe Additional Cardmembers, and by arryone ekeyou a an Additional Cardrcember lets use the Card, and the Charge they incruwill be billed m you. You bare this responsibifiry eten if you did not intend for an Additional CardmembeS Bother person, ro use the Card for any transactions. M Additional Cardmemba is not liable for Charges incwred by the Basic Cardmember or by otherAddifional Cardmembers. HoweveS by each use of the Additional Card to incur Charges, the Additional Cadmernber indicates his or her agreement to pay us for the Charge if }rou fail m or refuse to pay it, and we may, atour dkaetian, pursue Additional Cardmembers for payment of Charges they uxurs authorize. You anthariae us to provide Account infomtatist to Additional Cardrnembers and to disarss the Account with them. You agree ro notify each Additional Cardmembe4 atthe time he or she becomes an Additional Cardmember, that we may receive, record, exchange anduse information abouthim ocher in the same mannerwe dowith infomtaflon about you, az described belay in the CONSUMER REPORTS, TELEPHONE MONTI'ORING/RECORDiNG, and SUSPENSION/CAAICEI,fATLt>rIsections ofthisAgreement Billing StatementsANinimum Amount Due You must noti[y us immediately d any change in the mailings a-mail addres W which we send billing stasemerta s nofices that a billing statement has beenposted ("Billing Address").If you wish a Billing Address change to apply to more than one account you maintain with us, you musttell us. You agreethatwe may also updateyos Billing Address iF we receive information thatyour BiBingMdress has changed or is incorrect. The "New Balance" appears on your bWingstatement To determine the New Balance, ae begin with the outstanding balance on yorrrAmoun[ at the beginning of exh bllng period, called the "Previous Balance" on the billing statement We add any Charges, subttxt any credits apaymenis credited az of that billing period, and make other applicable adjustments. Each billing statement will reBect a Minimum Amount Due. Payment is due by the time and date shown and in the manner presraibed on the statement. To calculate the Minimum Amount Due we will add together the following: (1) any amount past due; (2) the greatest of: a) 1/50th of the New Balance on the Closing IYate of the bOBng statement (the calculation of which is rounded to the nearest whole dollar) (fs purposes of thk calculation we exclude from the New Balance any aver-limit fee added to )our Account during the billing period), b) the current billed Finance Charges, or c) $ IS (s rite New Balance iF i[ k less than $15); and (3) anyover-limit tee added to your Account during the billing period If the greatest of the three calculations in section (2) above a the current billed Finance Charges, that we will add $l5 to the calculation of the Minimum Amount I)ue At our option, we may ako include in the Minunum Amount Due all or paR of other fees irscrrrred doting the billing period and any pan of the New Balance in access of your credit line. The Minimum Amount Due will not exceed the New Balance. You may pay mere than the Minimum Anwunt Drre, up to the errtire outstanding balance, az any time. PeymeMs All payments mustbe sent to the payment address shown on yourbilling statement and must include the remittance coupon from }ourbiIling statement You must pay us in U.S. currency, with a single: draft or dteck drawn an a US. bank andpayable In U.S dollars, orwith a negatiabk: instttunentpayable in US. dollars and cleazabke through the U.S. banking system, s through an ekxttonic payment method clearable through the U.S. banking system. YourAccarnt number must be included on s with all payments. Bwe decide to accept a payment m~e in a foreign cunency, you authorize rrs ro choose acanersion rase that is acceptable to us to conven }our remittance into U.S. arnertcy; unless a particular rate is required by law. Paymenlsaonforming totheabove requirematcs tltatwe receive nolater than the hour specified on your biBingsuUemerrt will be credited toyour Amotrntazaf the day received; payments cadomdngto the above requirements tha[we receire after the hour specified at your billing stauarterstwiB be credited toyour Aceamt az of tfie following day. B payment does not conform to the requirerrtertisstated abae,crediting maybe delayed.IF thishappens additional Charges may be imposed. We may amept late payments, partial payments or any paymerta marked az beingpayment in FuR s az being settlement of anydispute without lasing any of our rights under this Agreement or under the law Our acceptance of any such payments does not mean we agree to cttan~ this Agreement in any way. You agree that an acceptance of such paymentswill not operate az an accord and satisfaction without ourpnor egress written approval. SrrbJerX m applrcable law, rvee unll apply acrd allocate payrrrex[s and credits among balances and C.farges on yourAamvrrt many orckr and manner determbred by as in our sole t~alton. Tn mast cases, we will apply and allocate payments first m balances at lower Amual Percentage Bates ("A,PRs"} and then to higher APR balances, and apply Prurltase credits fiat tp the balance fiom which the corresponding debit odginated. Howe+er, for servicing, adminkiralice, systems or other business reasons, we may apply acct allarrte payments and credits among balances and to Charge on your Amount N some other arch s manner that we may detenr»rte in our sole diuaetioa You agree that we hate the unconditional right t4 exercise this drscretion in a way that is most favorable or convenient to us. Authorization for Electronic Debit m Your Checking Account We reserve the right to process checks electronically by transmitting the amamt of the check, the sooting Wombat; amamt number and dredt serial number to yourfinanaal utstimtion. BY submitting a check for Payment, you authorizeus to initiate an ekxtronic debit frarr yourbank or asset account If we process your clteelrelecwrtieally, yourpayment may be debited toyour bank or asset account die same day we receive your check Also, Bwe process your check elecomnicaB}; you will not receive drat cancelled check with you bank or asset amountstatertrett lE we cannot collect the funds electronically, we may issue a draft against your bank or asset account for the amount of the check finance Charges A Fnance Charges begin [o accrue for earn Charge az of the date it is addedto the daily balance, az descdbed belay. For Ptucltazes (excluding Balance Transfers or convenience chcrlrs), howeveS no Finance ChargewiB accroe in any billing period in whidt the Previous Balance on the statement covering that billing period is Zero or a credit balance. B. The Daily Periodic Rate ("DPR") for Purchase and the DPR for Cash Advance are each based on an APR, which may vary. The APR For Cash Advances is the Prime Rate plus 14.99%. A DPR is 1/365th of the A,PR Your DPRs and APRs for Purchase appear on the accompanying supplement(s). When an APR chants, we apply it to any existing balance subject to that rate. C. The "Prime Rate" is determined once with respell i4 each billing period, and applies m the entire billing period The Prime Rate for billing periods ending in any calendaz month is the highest Prime Rate published in the Money Rates section (s successor section) of 1be Wall,greetJourrral on the 1st or 25th day (oti in each case, if such date is not a business day, the next bushes day} of the prix calwdar month If7be Wall.Sriaer joatrral ceases pubBcation s does not publish the Prime Rate on either of those dates, we may refer to the Prime Rate published hr any other newspaper of general circulation in New York, New York, or we may substlmte a similar reference race at our sole discretion. D. Notwithstandingthe foregoing, the DPR (and conesponding API[) on aR balances will increase tm the Default Lta~ if Airing the Review Period (1) Payment of your Minimum Amoum Due is not credited to your Account by the Payment Due Date in any two billing perfects, (ii) a payment on your Accoum is not honored by your baiilc s other financial imtitution, a (iii) You exceed arty deignated credit v49 FDR 706744 2/27/04 12:39 PM Page 2 v limit on }our Account three or more times. The "Review Period" is the period, constituting approximately one year, of twelve consecutive bilBng periods ending with the Closing Date of the current billing period, whether or no[ you received a statement For each such billing period. if the Dalault Rate is applied, it will apply to your Account for a minimum of twelve consecutise billing periods, beginning with the cunent billing period The Default Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 2}.99%. Average Deity Balance Method for Calculation of Finance CheRJeS We use theAverage Daily Balance method to calculate Finance Charges on your Account Underthis medwd, vie calculate the Finance Charges an yeurAccoun[ by applying the DPR m the Average Daily Balance (as described below) separately for each balance subject to F'marwe Ctrarges. Different periodic rates may be used for different balances. For example, drfferem DPRs maybe applied to separaee balances, such as Purchase, CashAdvance, and Promotional Balances. Tb get 1heAverage Daily Balance for each balance, we (1) take the beginning balance for each day (including unpaid Finance l~rargr, from previous biRingpaiods), (2) add any rrewtransactions, debiCs, or fees, (3) subtract any payments or credits aedited as of that day, and (4) make any appropriate adjustments. For each day after tbefasiday of the bd/mgperior( weaLro add au amount cf mkvestalua! ro die previousdayt drdly 6rdancr multiplied (ry Me DPRfor the dalanm. This give us the daily balance for the particular balance for thaz day and the beginning balance Ter thaz balance for the next day. (f this balance is negative, it is considered m be zero. Then, we add up all dre dairy balances far each balance for the billing period and divide the total bythe numberofdays in the bilBng period This gjves us the Average Daily Balance forthazbalarrce. For balances except Cash Advances, the Average Daily 13alance for a billing periodwill be crnsideredto be zero if ymr paidthe New Balance, ff any, shown on your previors billing period's statement by the Payment Due Dateshavnonthazstatement Ifyou muhiplytheAvraageDailyBalance for each balance by the number oFdays in the billing period and the DPR for thazbalance, the resultwillbe the F'urance Charge assessed on that balance, except for variations caused by rounding. The total Finance Charge far the bi]Bng period is calculated by adding the Finance Charges assessed on all balances of dteMmunt 11nr medrod of crdcrdaJing die AverageDady Balance andFirumcvCbarge raYdk m daily cavlpoundmg ofFmmrce (,barges. We may use mathematical formulas whkh produce equivalent resuRs m calculate the Average Daily Balance, Finance Charge, and elated amounu. For example, we may utilize canpuserprograms orothercomputational methods that are designed to produce mathematically equivalent results while usingfeaerand/or simpler computational steps than are described in this Agreement Atoru discretion, we may excludecertain rategoriesof debit transactions or fees from the calculation of the daily balances. Unless we elect to use a later date, are add aCharge lathe daily balance as[olkrws: We a~ a Cash Advance or Purchase to the appropriate daily balance as aFthe date of requestor the transactiondate on the billing statement We add a convenience check to the appropriate dailybalance as of the date of first deposit We add alSalatue 7~ansfer otfier than through a convenience check to the appropriate daily balance as of the date of the request We addperiodic Finance Charge to the daily balance u described abase. We add any other Charge to the appropriate dairy balance as of the date of the transaction. Periodic Finance Charges are added to the outstanding balance az the end of the billing period for which Finance Charges are ralcWated In any such billing period, we will alnPcee a minimum Firnttce Charge of $0.50, which will be added to the balance with the highest APR arias, for our convenience and in our sole disae[ioq we choose to add it to a balance with a ]owerAPR Late Foes We may assess a Late Fee if a payment of az least the Minimum Amours[ Due is not credited to yourAccoun[ by the Payment Due Date. The amount of the Late Fee depends on the amount of the Previous Balance on the statement on which the ]ate Fce appears, as follows: l'. l less than $100 $15 $100to $1000 $29 Greater than $]000 $35 Other Fees We maycharge the following tees ro yourACCOUtr; subject to applicable law Except as otherwise noted, these fees will be added to The Purchase eala[rce. 1. DisboxorrdPaymenLr-We maycharge afee of $38vuhererer any check, similar instnunet; aelecoonicpaymertorder thatwe receive as payment on yarn Mcount is not honored upon fustpresertment if a Card is presented ineatnentionwith cashing ad~eckaz an Americans Express Travel Service Oifice orodner authorized kx~tian and the check is rat honored, wemay dtarge a fee of $38. (Wewi6 also add a Charge to the Cash Advance balance of youtAceount in the amount of the check thataas rmthonaed.) 2. Copies'ofSaternerrtr-Wemaychargeafeeof$Sforeadr6illingperiod foe wltich ampyaf abillingsta9ementis n~re~. WewiB notcharge aces ros~at c- this fee for any requesu for a copy of any of the b11Bng statements (or the three billing periods immediately prig to the request 3. Ace amtRe-opening Fce-We may charge a re-0pening fee of $25 if yourAceount is cancelled for any reason and yrou request reirstazanent and such request is honored. 4. Rbr7Yarafers-Wemaychargeafeeof$15eachtimeawiretrazcder from yourAccoun[ is initiated and anthorized. 5. Stop PaymeutOrrlers-We may charge afee of $29 each time we receive a request to slap payment on a convenience check drawn on yOUrACCOntlt 6. Over-limn Fee-We maycharge a fee of S35 in each billing period the New Balance on your statement exceeds your credit line. 7. CorurerrierrrzCha-kUsage/Balanceyfnnsfer7irinvrdionF~- Untesotheradse discksed in aPromotionalOffer, wewiilcharge a transaction fee for each Balance Transfer and each convetnence check drawn on your Mcount This fee, a Finance Charge, willbe 3% of the amount of the convenience check or Balance Transfew with a minimum of $5 and a maximum of $50. HmvEVeS no maximum will apply to the fee for Balance Transfer or convenience checks made payable to cash onto you, a bank, brokerage err similar asset aaarnt This fee will be added to the same Purchase or Cash Advance balance az the convenience check transaction orBalance Transfer 8. A7MPee-We will impose a fee each !erne a Card is used to obtain cash or any other services from an ATM. This fee will be 3%of the amount aF the cash withdrawn or other services obtained (including any additional fee imposed for use of the ATM by its operator), with a minimum of $5. This fee wi6 be added 1o the Cash Advance balance Suapension/Cancellation >, Tn addition to arryother acQOnswe may takeundec this Agreement we maysuspend orcancel yourAceount or any feature offered in conrrectlar with your Mcoun; ore may redirceyour aedit line orcash advance limit (including to a level belowyour outstanding balance), and/orwe may suspendor nonce! the authorization d arty Additional Cardmanberto make Charges to yourAccount az our sole discretion az arty time, with or without cause, whether or rwtyourAcoount isin d~ault andvirdtout giving you notice, subject to appBrable law Any such action on our part will notcancelyour obligation to pay all Charges due on yauAocount under the terns of thisAgreement in died az 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 thirdparties who accept the Card that the Card(s) (sued toyou and/orAdditional Canlmembers havE been cancelled Hove cancel the Card or it expires, you may rro longer use it and you mustdestroy it or return i[ to us oS if we request, to a thin! party. Hyou want to cancel the Account or anyAdditional Cards, yvu must notify us and desboy the Cant(s). If wE agree to reinstate }rourAccount after a cancellation, the new Agreeement we send you (oti if wE do not send you a rrewAgreement this Agreement as R may be amended) will govemyour reinstated Account When we reirutate yourAccoun; we may reinstate anyAdditional Cards issued in connection withyour Account ardbill you the applicable annual lee(s). Default We may consider yotuMcount to be in default az any time iFyou fail ro pay us any amountwhen it is due, or if you breach any otherpromise err obBgaton under this Agreement Subject to applicable law, we may also consider yourMcarnt to be in default az any time if any staterrrett made 6yyou to us inconnecdatwitlr thisACcountor anyotherrreditprogramwas(alseormisleading; ifyou breach any promise or obligation under ally other agremxntthatyou may have with us orwith anyof our affiBaes; iFwe receive infomration indicating thazyou are banknspt, intend to file bankmptcy, or are unable to pay your debts as they become due; or we receive information leading us to concludethat yrou are otherwise not creditworthy. in evaluating your creditworthines, you agree that we may rely on information contained in consumer reports, and in ourdscretion we mayconsider the amount of debt you are carrying compared to your resources or any albs of your credit characteristics, regardless of yourperfonnance on this Account We may also consider yourAccount in default in the event aFyour death. In [he event of your defanl;and subject to any limitations or requirements of applicable law, we may require payment of aportion otyour outstanding balance greater than the Minimum Amount Dnre, declare the entire amount of your obBgazions [a us immetiatelydue and payable, and/orsusp~md orcancel your Mcamt and/or arty feaiwe thaz may be offered in connection with theAccount You agree m pay aR reasonable cases, includhrg reasonable attorneys' fees, incurred bYm (1) in connection with the coBeaion of any amountdue atyaur Aooatn; whether or not arty arbitration, Btigation, or similarproceedings are initiated; and (2) in reasonabty promcting oucsehvsfrom any loss, Kann, or risk relating to anydefault on yourAooount Transactions Made in Foreign Currencies If you errant a Charge in a foreign anent}; itwiB be converted into US. dollars on the date iE is procesed by us or our agents. Unless a particular rate is required by applicable law, you authorise rs to chooses conversion rate that's acceptable to us for thazdate. Curterdy, the conversion rate we use for a Charge in a foreign anmcy is no greaterthan (a} the highest offiaal conversion rate published by a govenunent a~ncy, or (b) the highest interbank conversion rate identifiedby us frortr rastomary banking sources, on the conversion date or the prior business day, in each iastarrce increased by 2%. This conversion rate may diHa from rates in ~ on the date oF~ our Charge. Charges oonvazted byestaMistunmB (such as alrBnes) will be billed atthe ratessuch establistasten6 use. Benefits and Services SubjeR to applicable law, ne have dte right to add, modify a~lete any benefit service, or Feature that may accompanyyourAccourrt az any time and WIdIIXIt ROtiCe f0 yOn. Arbitration Purprase• This Arbitration Provision sets forth the cimunstances and procedures under which Claims (as deferred below) maybe arbitrated instead of litigated in court Defmitions.~ As used in the Arbitration Provision, the term "Claim" means any claim, dispute or controvasybazareen you and us arising from or elating to yaurACOOUn; this Agreement the Elecua»c Fturds Transfer Services Agtcemen;and any other related or prior agreement thazyou mayhave had with us, a the relationships resulting from any of the abase agreemenes ("Agreements"), irrclrrdingthe validity, enforceability a snipe of this Arbitration Provision or the Agreements. For purposes of this Arbitration Provision,'gar" and "us" also includes airy ocgwcare Parer; orwholly or majority owned subtidiaries, affiliates, arty licensees, predecesors, successors, assigns, any purchaser of any accounts, all agents, empkryees, directors and representatives of any of the foregoing, and otherpersas referred ro belax in the definition of "Claims." „Claim„ includes claims d every kind and nature, including but not limited to, initial claims, counoeslaims, crossrlaims andthird-party claims and claims based upon contras; tort, fraud and other inoenttonal torts, staWies, regulations, common law and equity „Claim" also Includes claims by or agalrsl any third party usng or Providing anYP~~ service or benefit in connection with arty aaoum (including, but not Broiled to, credit bureaus, third partes who accept the Cana, thin! parties who use, provide or paAiapate in fe~based or tree benefit prograns, enroWnent services and rewardsprograms, aedit insurance companies, debt coRectas and all of jlteir agents, employers, directors and represerttativ%) if and only if, such third party isnamed as a co-party with you or us (or files a Claim with a against you or us) in connection with a Claim alerted byyrou or us against the other The term "Claim" is to be given thebroadest possible aseaning ihazwill be enforced and includes, by way of example and without limitation, any cLtim, dispute or controversy thaz arises Iran or relates to (a) any of the accounts created order arty of the Agreements, or anybalances err any such aaounts, (b) advertisements, promotions or oral orwntten statements related tp any such acoamu, goods orsgvies financed under any of the accounts or the lama of financing, (c) the bermes and service related to Cardmembership (inclttdingfee-based a flee berte£itpeogrertu, enroWnentservices and rewards programs), and (d) }roar application for any account We shall not elect to use afiitraflon under the Arbitration Provision for any Claim thazyou properly file and pursue in asnaB claims ruurt of your state oc municipality so long as the Claim is individual and pending only in thaz court hritiatian ofArbihation Procea7inglSefedion ofAdministralor. My Claim shall be resolvEd, upon the election byyou or us, by arbitration pursuantto this Arbitration Provision and the code of procedures of the national arbitrazion organization to which the Claim is referred in ~fect az the time the Claim is filed Chins shall be referred to either the National Arbitration Fonun ("NAF"), JAMS, or the American Arbitration Assooazion ("AAA"), as selected by the pony electing m use arbitration H a selection by us of one of these organizations is unacceptable to yrou, you shall have the rightwithin 30 days after you receivE notice of our election to select either of the other organizations listed to serve as arbitration adrninis[ratoc For a copy of the procedures, to file a Claim or for other Wormation about these organizations, contact them as follows: • The NAF az P.O. Box 50191, Minneapolis, MN 55404; website az wwwar6itradon-fonun.com. • JAMS az 192o Main S[ree; Suite 300, I.os Angeles, CA 92614; website: vvww.jamsadrcom. • AAA az 335 Madison Avenue, New York, NY ]0017; website:vrwwadtong. Sign fiance ojArGihnrion.• IF ARBITRATION IS CHOSEN BYANYPARTY WITH RESPECT TO A CLAIM, NETTHERYIxJ NOR WE WILL HAVE THE RIGFIT TO IJ1'IGATE THAT CLAIM IN COURT OR HAVE AJURY TRIAI.ON THAT CLAIM, OR TO LANE THEIR CWMS RESOLVED EXCEPTAS PROV[D®FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CIAIAI SUBJECT TO AR611RA770N. E%CEPT AS SET FORTH BEIAW, THE ARBITRAT'OR'S DECISION WILL BE FINAI.AND BINDING. Ntyl'E THAT OTHER RIGHTS THAT YOU OR WE WOULD FIAVE IFYOU WENT TO COURTAISO MAY NOT BE AVAILABLE IN ARBITRATION. Reshrdbns onArbihnlion; If eithapacly elects W rewlve aClaim by arbitration, that Claim shag be abitrated an an individual basis.7beve .ttiall !re rro rig<it oraurM+ity for' any Liaimt [o (rearbihtttaiort a -~ v49~FDR 706744 2/27/04 12:39 PM Page 3 class adron 6asir or on bases mralvirtg Clarets brought m a Pa+P~>~~h'~ beJxryoftbrgerreralpublrc, otter CmdrnembersorotberpersmxssimrlarlysVuatal. Thearbitrato~s authonryto relate Claims is limited to Claims between you and us akme, and ace atbirator's authority to make awards limited to awards to }ou and us alone. Funhemrore, Claims brought byyou against us, or by us against You, may not be joirced or consolidated in arbitration with Claims broughtby or against someoneother than you, urtlea agreed to in writing by a6 parties. Arbilraliorr Anredurer. 7ttis Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be grnemed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it maybe amended (the "FAA"). 7fie arbitration shah be governed by the applicable Code, except thaz (to the exoerttenforceable under the FAA) this Aditration Provision shag control if it is incorsistatt with the appRcabk Cade. The arbitrator shall apply appBcable substantive law conststentwith the FM and applicable statute of limitations and shall honor claims oFprivilege recogtised az law and, az the timety request oFeither party, shall provide a brief written explana0on of the basis for the derision The afiitralion proceeding shall net be goremed by any Federal orstate rile dcivil procedure or cote d evidence. Either party maysubmit a requet to the arbitrator to expand the she of discovery under the applicable Cade. The party submitting such a request must provide a tppy to the otherparty, who may submit objedions W the afiitramrwith acopy of the objections provided [o the requesting Party, within fifteat (1ST days d receiving the requesting pargrs notice. The granting or denial dsuch a requet will be in the sole discretion d the atbitratoS who shah notify the parties d hisAterdeclsion within twenty (20) days of ate opjecting party's submission The arbitrator shall take reasonable steps ro pteate the pnvacyd individuals, and of business mallets. Jrtdgment upon the award rendered by the arbitrator maybe entered in any court having jurisdiction Tice arbitrator's decision will be final and binding, exceptfor arty rightaf appeal provided bythe FM Howevey any Parry can appeal that award to a three-arbitratorpanel administered by the same arbitration organization, which shag consider anew any aspect of the initial award objected to by the appealing parry. The appealingparty shall have thirty (30) days from the date dentryd thewnttert arbitration award to notify the arbitration organization thaz it is exerusing the nghtaF appeal.7tte appeal shag be filedwiththearbiuationorganizazionintheformdadatedvaiting The afiitration organization will then notify the other party thaz the award has been appealed The arbitration organization willappoint a thtee- atbittatorpanel thaz wi6 conduce an adrihationpursuant toils Code and 'slue its decision within one hundred and twenty (120) days d the date of the appellant's written notice. The decision d the panel shall be by majonryvote and shall be final and binding. Larntior: ofArbrtrafron/Pay»rerrtofFees: My arbitration hearing thaz you attend shall take place in the federal judicial distnd of your teidence. You will be repasble fa paying your share, if any, of the arbitration fees (including filing administrative, hearingand/or other fees) provided by the Code, to the extent that such foes do nor exceed the amowt of the filing [eeyou would have insured if the Claim had been brought in the state or federal court closes[ to your billing address dtaz would have jurisdictiw overthe Claim. We will be reponsible For paying the remainder d any arbitration fees. At yourwntten requet, we will consider in good faith making a temporary advance of all or pan d your share of the arbitration fees for any Claim you initiate as to which you or we seek arbitration. You will nor be assessed any arbitration fee in excess dyour share if you do nor prevail in any arbitration with us. Corrlirr:urtlon:7ltisAtbitration Provision shah survive termination of your accowLc as well as roluntarypayment of the Accowt balance in fu6 by You, anY legal proceeding by You or us lti collect adebt owed by the otheS arty banluuptcy byyou or us, and any sale by us of your Account (and in the case d sale, its terns shall appty to the buys of any of your Account). If any portion dthis Arbitration Provision is deemed invalid or unenforceable ardor any principle or provision d law orequiry, it shall nor invalidate the remaining portions d this Arbitration Provision or the Agreement, each dwhich shall be enforceable regardless of such invalidity. Waiver Our failure to exercise any of our fights under this Agreement, our delay ta enforcing any d ourrights, or ourwaiver d our rights on any oaasion, shall not constitute a waiver d such rights on arty other occasion Consumer Reports You authorise us to request consumer reports about you, to make whaoeter credit irnestigationswe deem appropriate, [o obtain and exchange any information we may receivefrom corsumer reports std other sources, and to use such information for arty purposes, subject b applicable law You authorize us to famish information conaeming}rourAccautt t4 consumer reporting agercies, orothers, subject to applicable law If you believe information we hate famished abou[yourMcount to aoonsurtcer reporting agerxyis inaccurate, }rou shorild write to us at American Express Credit Burean Unit, P.0. Box 7871, FC Lattdadale, FL 333}7871 and identity the specific information You believe is inaccurate. You are hereby notified thaz information about yourAccowt thaz may hate a negative impadon your credit record may be submitted to acredit reporting agency if you fail to fulfill the terms of yourcredit abRgatiors. Tel~phona Monitoring/Recording You agree [hat from time ro time we may monitor ard/a record telephone calls betweert you orMditional Cardrnembers and us to assure the quality d our arstorrer service or as requhed by applicable law Use of Card >tt Federal Government Agencies American Express has entered into contracts that enable the Catd to be accepted az certain federal government agencic and deparOmnts ("Agendc"). As with Card transactions az commercial ctablishments, when you choose to use your Card az an Agency, certain Charge infor- mation is netessarilycollecred by us.Charge infotmationfrom Card transitions az Agencies may be used for procesing Charges and payments, bil8ng and collections activities and may be aggregated for reporting, analysis and marketing activities. Additional "routine use" of Charge information by Agenae are pubBshed periodically in the Federal Register. Notices My notice given by us shall be deemed given what deposited in the US. maze, Pceta8e Prepaid, addressed to you az the latest BillingAddress shown on our records. Changing this Agreemartt/Assignment ofthis Agreement We may change the terns of or add new terms to thisAgteement az any lime, in accordance with applicable law: We may app} anychanged or new terms ip anythen-existing balance on yourAccount aswell as to furore balances. We may also se6, transfer or assign thk Agreement and the Accowt az arty dme without notice to you You may nor sell, assignor transferyour Accarn[ or any otyour obligations under this Agreement Assignmetrt of Claims In the event you dispute a Charge andwe credit your Accowt for all a part of such disputed Charge, we automatically succeed to, and yeti ate automatically dcertted to assign and transfer m us, any rights and claims (excluding ton claims) that you have, had or may have against any thin parry for+~art amowt equal to the amount we credited to yourACcowt After we make such credit, you agree thazwithout our corsertt you will nor pursue any claim against or reunbursertatt from such thins parry far the amount thazwe credited to your Account, and thazyou wi6 cooperate with us if we deade to pursue the third party for the amount credited Applicable Law This Agreement and }our Accowt, and all questions about their legality, enforceability and interpretation, are governed by the laws d the State of Utah (without regard to internal pnndpks of contlicts d law), and by applicable federal law. We are located in Utah, had yoruACCOUnt in Utah, and entered into this Agreementtvith you in Utah. AMERICAN EXPRESS BANK, FSB 70 A[1181tICAN EaTRBSS CARDMEMBERS IN THE UNR'ED STATES AND 1T5 TBRRII'ORIFS. YOUR BII.I.UVG BIGHIS-BTiBP 771IS N1177CE FOR FUTURE USE. This notice contains important information about your tights and our regwnsibiBtie under the "Fair Credit BiBingAct" Notify Us in Case of Errors or Guestions About Your Account Statement U you think your statement is wrong a if you need more information about a transition on }our statement, ovate us w a separate sheet d papa at the address for billing irtquirte listed on yourstatement Write to us as soon as passible. We must hear from you no later than 60 days after tie sent you the first statement on which the error or problem appeared You ran also telephone us, but doing so will not preserve your rights. In }roar leoer, giro us the following information: • Your name and Accowt number. • 7hedollaramowtdthesuspectedetror. • Decnbe the error and explain, if you can, why you beBeve there is an error. If you need more information, decnbe the item you are notsure about B you have authorized us b pay your Account statement automatically tram your savings, checking or other accautt, you can soup the payment on any amountyou think is wrong. To stop the payrrcertt, your later must reih us three business days bdore the anromatic payrrcent is scheduled to cocas Your Rights and Our Responsibilities After We Receive Your Written Notice We must aclmowdedge your lenervrithin thirty (30) days, rttdess we hate corrected the error by then. Within ninety (90) days, ae must either mrrecx the error or explain whywe beBeve the stalementwas correct Aster tie receive your letter we canna try to tolled any atnowtyou quetion, or teportyou as delinquent We can contintce to bill you for the amawt you question, including Finance Charges, amdwe tart apply any unpaid amount agairst your credit line. You do not have to pay arty quetiated amowttvhile are are irttesligating, but you are still obligated b pay the parrs of yeti statanan drat are not in question. Uwe find thaz we made amistake on your statement, you will not bare t4 pay any Finance Charge relaced to any quetioned amount Uwe did not make a mistake, you may bare tiD pay Finance Charge, and you will have to make up any mired payments on the questioned artrowu Tn either case, wewill card you a statentertt ottee amowtyou ace and the date that i[ is due. If you [ail to pay the amount thaz we think yvu awe, we may sepal You as delinquent Howeveti if ourexpbtnatian does not satisfy you std you ovate to is within ten (10) days telling us that you still refuse to pay; we must tell arryone we reportyou to that you have a question about }roar statement, and we must tell you the name of anyone we reported you to. We must tell artycete we report you to that the matter has been settled betweerr us when it finally is. Uwe do nor follow these rules, we cannot coBed the fast S50 of the grtetiotced amount, eret if your statementwas correct Special Rule for Credit Card Purchases Tf }rou hate a problem whh the quality of property orsetvices that you purrftased with the Card, and you hate tried in good faith <4 correct the problem with the merchant, you may bare the right not to pay the remaining amowt due on the properlyor servits. There are two limitatlas to this right (a) You must have made the purchase in your home state oS if nor within your home state, within 100 miles d your tartan mailing addre$; and (b) The purchase price must have been more than $50. 71tese limitations do not apply ff we cwn or operate the merchant, or if we mailed you the advertisement for the pmpertyorservices. Note for Ohio Residents: The Ohio Ltws against discrimination require that a6 coeditors make credit equally available to a6 creditworthy customers, and thaz credit reportirtg agencies maintain separate credit historic on each individual upon req<tet The Ohio Civil ffighu Commission administers compliance with this law is~Cr!Q :_ 1G r zo w, is # You will receive one Delta SkyMik ("SkyMile") (or each U.S. dollar of "Eligible Spending" (as dined below) on }roar Delta Air Linc SkyMiles° Credit Card from American Express (the "CarlACCmunt"), subject to the torts set forttr belrnv. SkyMileswi6 be credited to your SkyMile Account after the biWng period in which the Eligible Spending oocws. U you have a Delta Card, you will receive one additional SkyMile for each U.S. dollar of Eligible Spading for "Delta Purchases" (as defined below) subject to the tams set ford[ below SkyMiks will not be awarded for Eligible Spading in excel d$60,000 peryeaz d Delta Cardrrcembership, not including bonuses; however; one "bonus" SkyMile for each US. dollar of EBgible Spending for Delta Purchases will continue to be awanfed abode this ]unit U in arty gitett yearyou upgrade your Aocow[from a Delta Card to a Gold Card, all eligible spading earned as a Delta Cardmemberwtll be trarsfemd to your Gold Card Account. R }rou have a Gold Card, you will receive one additional SkyMile forearh U.S. dollard Eligible Spending for Delta Purchase, subject to the terns set forth below SlryMile will nor be awarded for EBgible Spending in excess d $100,000 per year d Gold Cartbrtembership, nor including bonuses; however, one "bonus" SkyMile forearh U.S. dollar d Eligible Spading fa Delta Purchases will continue to be awarded above this limit If in arty giver yearyau upgrade yourAccount from a Delta Card to a Cold Card, all eligible spading earned as a Delta Cardmember will be transferred to your Gold Card Accowt. If you have a Platinum Card, you will receive one a~itlonal SkyMile for eih U.S. dollar of EBgibk Spending for Delta Purchases, subject t4 the terns set forth below If in any year of Cardmembetship your Eligible Spending is $25,000 or coon; you wiD be awarded 10,000 Base Miles (as deemed in the Delta SkyMilc Membership Guide and Program Rules). The Basic Canlmember is eligible to receive we 10,000 base miles awartl for one 1>elta SkyMile Frequent Flyer Accounteach year Such Base Miles wi6 be processed the month your annual Platinum Carcl fee is baled. Please albw six~ight weds (or such Base Mile to be pasted to your SkyMile Account You may be permitted to hate more than ace Delta SkyMilc° Card Account, however you are efigtble io receire wekorce bonus poin6 Eor only erne CardAaount iFI'w previousty cksed a Delta Card Account, a Gold CardAccarnt, or a Platinum Card Account you are not eBgible for Welcome bonus points iFyou open another Delta CardAccount, Gold Card Accowt or Platinum Cart) Account SkyAfilc are subject m the Delta SkyMiles Membership Guide and Program Rules, and you should refer to that doament for details on redanption of SkyMilc, Delta's right to chattgeprogram teas, and other conditionswhich may apply. Your Account tmnst tit active (i.e., not pnttlled) for any Sh'~ ~8 P~i~ to earn SkyDlRes. v49. 1TDR 706744 2/27/04 12:39 PM Page 4 "Eligible Spending" include purchase of ~ or services, which purchase have not been retained or otherwise rescinded, and are not subject to a raedih it does NOT include fee, Finance Charges, Cash Advance; (iriclrrding the use of checks, line activamrs, automated teller marldnes, or other means of accessing your Amount), Balance Transfers, or adjustments to your Account We reserve the right not to award any SkyMile for transactions we determine are not Charges madewith the goad faith intention of consuming the item charged. For the purpose of this Agreement, "Delta Purchases" are Deltaticlkct purchase, Delta Vacation' packages and other Delta service;, excluding Delta air tratel purchase which are apart of an al]-incusive aidsea tour package and SongTM purohases We reserve the right to change these ems and conditions az arty time, subject to appBcable law. Tams used have the meanings assigned to them in the AGREEMENT BETWEEN DELTA SKYMILES CREDIT CARDMEMBER AND AMERICAN EXPRESS BANK, TSB. ` :s. § sa:. 9 r. t~~?ds~x:: s ~ fix. ~ ~ ..~ a ~ . a :. :, F' e . 3 e. E B ONCE YOU ENROLL 1N PAY BY COMPITIER, PAY BY PHONE OR ANY OTHER AMERICAN EXPRESS EIECTRONIC FUNDS TRANSFER SERVICE (HEREAFTER THE "PROGRAM"), YOU WILL BE SUBJECT TO THIS EIECIRONIC FUNDS TRANSFER AGREEMENT (THE "EFT AGREEMENT"). Scope nt Agreement This EFTAgreernent covers yourparticipation in the Program. In this EFf Agreernen4 the words "you" and "your" refer to the Basic Cardmember and also include all Additional Canlmertibers who have enrolled in the Program. The words'~re;' "our" and "us" rd's b American Express 7yavel Related Services Company, Inc. The vvords'~rourAmedcan Express Amounts" trier 14 your card account govemed by your Cardrnember Agreement ("Card Account") or any otherAmerican Express Amoun6 thaz we permit you to enroll in the Program. The words'~rour BankAmount" refer to the account held by a bank, securitie fimt orother financal institution from which payment will be made when yrou make transactions under die Program. The wards'~rour bank' mean the bank, securitie Firrr or other financial instiuton that hokkyour BankAccount The words "other options" refs to electronic payment transfer options and/or other cash aa¢s thazAmerican Express tinny make available from time to time, including the option to pay yourAmount bill electronically using a computes phone or other device. Your Armimit is governed by the CardmemberAgreement that is attached to this EFT Agreement rnaz agreement and the capitaBzed tents in it also apply here. Payment for Cash Transactions Each time yvu initiate a transaction under the Program, you iristmct and authorize us or our agent to draw a check or initiate an automated clearing house ("ACH") debit in you name on your BankAmount, payable to us or to our agent, in the amount of the transaction The amount oFthe transaction is the amount of the Amount bill you paid a other funds trander you authorized, plus any applicable fees or charges. We may charge a fee of $38 for each check or ACH debit drawn by us or our agent in connection with the Program drat is not honored upon first presentment, subject to applicable law Your bank may also assess iN customary charge for such iteriu, if any. Dishonored Requests for Payments B any check or ACH debit drawn by us or our agent in connection with the Program is not honored by your bank, tie have the right to charge the amount of any such transaction, and the dishonored payment ice rdemed to above, [o the CardAccount or to collect the amount from you. IF this happens, we may cancel your fight to participate in the Program. For certain BankAmounCs, }rou may have aseparate agreementwith us or with a participating bank, securiUe firth, orother fmancal instimuon that allows a line of credit to be accessed in the event thazyour Bank 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 gmvem its use. Liability for Unauthorized Transactions and Advisability of Prompt Reporting You must tell us AT ONCE if you believe atransaction undathe Progr-tin has been made without your anthorirrtion Tekplwning is the best way of minimizing possible lase. If a transaction was unauthorised, and within two days a(teryou team about ityou notify us drat the transacton was unauthorised, wewill not hold yrou liable for that transaction In arty went, evert if you fail ro notify us, your liability for arty unauthorised transaction or series of related unauthorised transactions shall not exceed $50. IFyau bdievE thazsonreone has transferred or maytrander money fromyourBank Amroimtwithout pennissicxi, calL•1-80a528~800 (within U.S.) or I-33(x333-3211(outside UsJ anytime, orwrite: American Express Credit DepaMrertt, P.O. Box 53830,1$oenhk, Arizona 85072-3830. Our Liability for Improper Transactions or Payments If a transaction is not completed asyou have di,ec0ed or if we do not complete a transfer to or from your BankAccourit on time in the correct amount, wewiB reearctt and correct it as necessary; once you advise us. We will also reimburse you for your actual lasses or damages, if any, caused by ourerroc HoweveS there are some exceptions. We will not be lidrk to you in the following instances: • if, through no FaWt of oar's, your BankAocountdoes not or did not contain enough money to complete the transaction a the transfer would exceed an etablished credit Brnit; • ifthefundsinyourBankAccountareorwereazthetimeofthe attempted transaction subject to legal process or other enaunbrartce restricting the transaction; • if cinannstancesbeyondourconool(suchasfireorflood)preventor prevented the transaction, despite reasonable precautions thaz ere have taken; • if atechnical malfunction known to you prevm4d the transaction; • a any other exceptions stated in this EFTAgreement Business Day Forpurpose of this EFT Agreement, oui~ business days are Monday through Friday. Holidays are no[ included. Arbitration 7tie Card Amount h governed by the Canlmernber Agreement contained herein. TheAfiitration provision contained within that agreernent applie to this EFT AgeemenC Please trier to that provision as you read this EFT Agreement Privacy Electronic funds transfers }ou initiate pursuant to this EFT Agreement are covered by theAmeriean Express Privacy Polley, a coPY of which was giten to you together with yrourAmeriran Express Card To view our Privacy Polley ordure, please visit americanexpress.com. How to Contact Us If for any reason you wish to contact us about the Program, about your particpation in the Program, or about transactions relating to the Program, write orcall us as follows: Address: American Express Travel Related Services Company, Inc., Express Cash Operations, P.O. Box 27084, Greensboro, NC 27425 Telephone:l-8011CASH-NOW, 24 hours a day, seven days aweek In Case nt Errors or Questions About Your Transactions Write or call us az the number or address given above as soon as you can if you ihinkyourstarenrent or receipt is wrong or if you need more information about a transaction listed on your statement or receipt We must hear fiom you no laterthan (r0 days afterwe sent you the FIRST stazementon whist the problem or error appeared 1. Tell us your name andACcoun[ number 2. Describe the error or the transaction Yor+ are unsure about, and explain as cleady as you can whyyou believe it is an error orwiry you need more information. 3. 16B us the dollar amount of the cuspated error H}rou tell us orally, we may require that you send us your complaint or question in writingwithin ]0 business dat'a' from the date you notified us. We will tell yar the results of our invetigation within 10 business days' after we hear from you and we will correct arty error promptly Hwe need more time, however, we may take up to 45 calendar days to investigate your complaint or question If we decide to do this we will assure that your bank reaedits your BankAccount within 10 business days' for the amount you think is in erroti so thaz you will have the use of the matey during the time it takes us to complete our investigation. H we ask you to put your complaintor question in writing and we do not receive it within 10 business days' following your oral notification, we may not recredit your Bank Account B 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 investgation and corset any error, and 90 days to complete the invetigation. R wE determine that there was no erro5 wn will send you awmuen explanation within three business days after we finish our investigation. Cpon your requetvre will provide you with copies of the documents that we used in our investigation IFwe have provisionally recredited your Bank Account during the investigation and detenriir~ thaz these was no erro4 we will notify you of the date on which wE will redebityour Bank Account, and the amount to be debited You should make certain thaz your Bank Account contains sufficient funds to cover this debit B itkk>es not, we have the right to chaBe such amount to the Amounts to collect the amount from yon IF this happens, we maycancel your right to participate in the Program. Termination We, or any bank or financial institution participating in the Program, may add to or remove from the Progtarn any or all ATMs aextend a Brnit the services provideil az arty laration without notifyingyou beforehand N addition, we maydisooritinue rite Program az arty time. Yourright to participate in the Program will be terminated or suspended ff the Card Aaoum b cancelled or suspended, iFyou cancel the anthorization you have given your bank to directly rhargecheds to your Bank Aocamt, ff the BankAceount From which paymentwill be made when you make trartsactiora under the Ptograrn is clceed towithdrawal transactions by us or our agerits, if yourpartidpation in the Program is inactive for 18 consecutive months amore, or if the Card Amount is no longer in good standing. In addition to the foregoing, we may retrolce your right to partirapate in the Program, az any time, az oursak discretion, with orwithout cause, subject [o applicable law. Hwe do so, we will sendyou written nonce, but we may notsend yrom the notice until after the invocation. We also have the right to deny anthorizatlon for any requested transactiot, az arty time, az our sole diskretion, with or without learns, and without giving you nonce, subject to applicable law You may terminate your participation in the Program but yrou must do so by writing to us az the address disclosed in the Section of this EFTAgreement entitled "HOW TO CONTACT US." Prior Agreements and Assignments This EFf Agreemem supersedes all prior agkeerrtents you may have with us relating to the Program. We have the right to assign this EFT Agreement to a subsidiaryor affiliate cortipany az any time. AMERICAN EXPRESS TRAVEL REIAT®SERVICES COMPANY, INC. Gordon A Smith, President, Consumer Cardrrtemba Since 1984 Note for Masaachusetls Residents r General Disclosure Statement. Arrydmumentation provided to yrou which indicate drat an electronic furls transferwas made shall be admissible as evidence d such transfer and shall constitute prima facie proof thaz such transfer was made The initiation by you of stain electronic funds transfeers from your Bank Account will, except as otherwise provided in this EFTAgreement, effectively eliminate your ability to stop paymerrt of the traruFec UNLESS OTHERWISE PROVIDID IN THIS EFTAGREEMEN7; YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SA77SFIED THATYOU WILL NOT NEED TO STOP PAYMENT. IFisclasure of Account Information to Third Parries. Byou Bite us yourwdtten authorization [o disclose information aboutyou, }roar Account or the transactioru thaz you make to any peson, that anthorization shat antomaticallyexpire 45 days after we receive it Optiorel 13mit on Obtainirt6 Cash. You have the option to request thazwe limit the total amount of cash thaz you may obtain from ATMs in a single day to $50. If you ekxt this option we will take all reasonable steps tp comply with your request 'For Massachusetts residents: l0 calendar days instead oFbusiness days. 't7~"Pcrp~at~e 1!'RO~r>~.c~ttCf~r ]'tltty Description of Coverage How the Purchase ]Protection Plan Work4. When an American Express' Cardmember charges a cotered purchase with his or herCard Account,'the Pumhase Proration Plan protean that item for 90 days from the dare of purchase if it is stolen or amidentally damaged, including vandaBsm. The coverage is limited to $],000 per Occurrence, up t4 $50,000 per Cardmember Accoimt per policy year, and is m EXCESS of othersoure of indemnity. How You Benefit • Items of personal Property Purchased worldwide with the Card are covered, including gips purchased for others. • As a Cardmember, your purchase is covered for 90 days [ran the date of purhase when you charge any portion of theprice of the purchased item with your Card Account' You will only be reimbured for the amount charged i4 your Card. • The Purchase Protection Plan provide coterage for up to $1,000 per Occurrence of theft or accidental damage, including vandalism, ("Occurrence"), no[ to exceed $50,000 per CartlmeriiberMcount per policy yean • The program adrrrinistrator will decde whether to hate the item repaired or replaced, or to reimburse you (cash or aedit~ up to the amount charged to the Card, and rot to exceed the original purchase price."The Purchase Protection Plan dos not reimburse forshipping and handling expenses or installation, assembly, or other service charges. Vyho is Covered You are covered under th's Plan and coverage rernains effective as bog as you are a US. resident Cardmembeti that le, the American Express Card has been iaued in your name, andyou maintain }our Permanent Resideriee in the 50 United Staoe of America, the District of Columbia, Puerto Rico, or the US. Yrrgin islands.' Your Pemtanent Reidertce is coraidered your primarydwelling ~_ ~' v49_FDR 706744 2/27/04 12:39 PM Page 5 Key Terms to Know • Benefits will not be paid if, on the date of Occurrence, on the date of claim filing, or on the date of wwild-be claim payment arty amount due an your Card Account is unpaid for one or more billing cycle(s) or your Cant Account iscancelled` • You must provide proof of purchase and satisfactoryproof of the theft, accidental damage, including vandaBsrn, while coverage is in ef[ect ro qualify fot payment under the Purchase Protection Plan. Ranemba to keep a6 yotuAmaican Express charge receipts, original store receipts, and damaged items. • Coverage under the Purchase Protecion Plan is EXCESS; this aneans that if, az the time of Oecurratce, you have other valid and collectible insurance orindemnity-such as but not limited t4 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 um;a of the Purchase Protection Plan • Product rebates, discounes or money received from towest pace com- parison programs wiu be deducted from the original cast of the item. Purchases Not Covered • travelers sheds, tlrlteu of any kind, negotiable instnunern[s (such as gift certificate;, gift cards and gift checks), cash or is equivalent; • anirialsorlivingplants; • consumable or perishable items with Bmited life spans (such as, but not Bmited to, ped'ume, Bght bugs, batteries); • az the tune of purchase, used, rebuilt, refuritished, or remanufactirred items; • if the damaged orstolen item consists of articles in a pair or set, coverage will be limited b no more than the value aF anyparticular part orpares, tittles the articles are unusable individually and cannot be replaced individually, regardless of anyspecial value the article(s) may have had as panoF a set orcouection; • perrttanent household and/or business fixmres, including, but not limited [o, carpetlng, flooring and/or tile; • business fixtures, inclyding, but not limited to, air conditioners, refrigerators, heaters; • custom hospital, medical and dental equipment and devices; • rarestampsorcoins; • antique, previotslyowned itans; • items purchased for resale, professional, orcanmercial use; • items still order instalknent billing (except those purchased from Amergn Expres Merchandise Services); • motorized vehicle; and watenaaft, aircraft, and mororuycles or their motors, equipment, parts or accessories; • items ratted, leased or borrowed for which you wiu be held responsible. Occurrences Not Covered • itemslostormisplaced; • itemsstolenfrormmotorvehicle; • items not reasonably safeguarded byyou (for example, unlocked or unattended items stolen from public faauties will not be coveted); • itemssWlen[rombaggagenotcarriedbyhandundayourpersond supervision or under the supervision of a traveling companion known by}rou; • items that }rou damage through alteration (including cutting, sawing, and shaping); • items damaged due to normal wear and teas inherent product defector nomral course of play (such as, but not limited to, goU and tennis boas); • Ocotrrtences caused by arty of the following: fraud; abuse; natural disaster including, but not limited to, flood, earthquake, tornado or hurricane; war or hostilitie of any kind (e.g ,invasion, rebeWon, insurrection); confiscation by orderof any government, public authority, or customs official; risks of contraband; illegal activity or acts; radioactive contamination; • items lost, damaged, or stolen under the care and control of a third party or common carrier, • manuFacurer's defects; • items az an unoccupied conswction site. How to File a Claim Remember, to insure prompt processing of your claim, you need to report any theft or damage immediatety foBovving the date of the Occurrence, including for gifispurchased with the Card Remember also, you need to retain your receipts and your damaged item (if required) until the claim process is complete. 1. eautoll-free L-800-3zz-1x77 to report you claim (wenseas, call collect az 1303-273-6498). Notr. You must reportyour claim Wilbur 30 daysfiom dredafe of Rxxurrence. 2. You may be sett a Purchase Protection Claim Forth which you must cortnplete, hoot and back, sign, and return to the claims office with the foloowing required documents' (keep copies foryourown records): • the Arrnerican Express charge teceiPfi • theoriginalitermiaedstorereceipt; • the insurance declaration forts for your other sources of insurance or indemnity (eg., honneavner's or renters insurance); • a photograph of azd/orrepair estimate for the damaged item (damage clairms only); and • for [heft and vandalism claitrs, a mport regarding the stolen or vandaliad items must be filed with the appropriate authority before tan call rp fde a claim with the Purchase Protection Plan Note: You must rdurn year tomplelerl claim form and reyrarat rlocumeratr within 60 daysfrom !be aF~te ofGkcurrertce m r main el+grblefo, coverage. 3. erne pragrarn administratorwilldecidewhether tohavethe item repaired or replxrd, or [o reimburse you (cash or aedit~ up to the amount charged do the Card, and not to exceed the original purchase price.'Ihe Purchase Prote4ion Plan doe not reimburse for shipping and handling expenses, or instaBatioq assembly, or othersenvice charges! Note: No paymentwid be madefor rnurtdfd claims oron arty claims Trot substantiated in the manner rajuired by the htsurer. 4. Fordamageclaims,youmayberequiredtoserdinthedamaged item(s), az yvur expense, for furtherevaluation oFyour claim. Notr./f re7:restad yva musisrrtd in lbe aFrmaged item witbe)t 30 tla}sfrom the date ojslue#ro remarre eligrblefor coverage. Importatrt Additional Information for You The benefiCtprovided under the Purchase Protection Plan appy only ra ~ Onlyyou have any legal or equitable fight, remedy, or claim to insuranceprnceeds andlordamages under or arising from the Puncltase Protection Plan. All reasonable and practical steps must be taken to awM or lessen any chance of property covEred by the Purchase Protection Plan being stolen or damaged When a benefit has been paid under the Purchase Protection Plan, the Insurer becomes subrogated, td the extent of such payment, ro all your rights and remedies against any responsible Party. Upon our request, you must provide us reasonable assistance, including signing documents if necesary, to bring suit in your name. 7fie Pnuchase Protection Plan is undervnitten by AMIX Aawrance Comparry ("Insurer"), Adminiseeative Office, Green Bay, Wisconsin. This document serve only as a description of coverage and is na a poBcy or contract of insurance; the actual tertm, conditions and exclusions of Policy AX0951("Policy') govern the Purchase Protexion Plan. The Policy has been issued to American Express Travel Related Services Compan}f Inc („American Express"),the PoBcyholdec This document refrlaces au existing prior Ikscriptions of Coverage [orthe Purchase Protection Plarn. ~~ Kenneth J. Ciak, Presidern[ Timothy Meehan, Secretary AMIXAssuranceCompany AMEX Assurance Company 6726-11-01 I. For thane efigibleand enroped in dreMembersbip Reunxtr program, the cost of a caveredproduU may aGn bepurcbat~ through rerlempfior of a Membership Remmdsprogram redemption ceraJrrate• 2. For thane eligibleand enrolled in dieMembersbip Reuxrrds program, benefrtrare also paid when thepumha+rd item is ra-ziurd dirougb die redemption ofa Membership Rewarr[sprogram s~lemPtion certifuate• 3. Credit reimbursement does not apply m New York State residences. 4 For tboseefigcbleandenrolledintbeMembensbrpReumdr program, pa}mrer#or craft will not exceed lbe ongr»a! assigner! vakce oftbepersnnal property remrva4h5rougb reriemptron of a Membership Rewacrisprogram ran certifaute up m the statallimits, erduding shipping and bantling evpenxres. 5. /mpormnt notefor lhosr enrolled in tbeMencbership RewarrLr program: AMembersbip Reecnrdsprogmm redemption crH3ficate can only be redeemeef by eligible Curdmembers. Benc~b~ will not bepaid when a Membership Reumdsprogmm redemption cerlifrcate bas been transferred to non-eligible Cardmembers and/ornon-Cardmen:bers. 6 Ober not apply m Nero York State residenrk. 7. lGlien eGgrble and enrolled irr tl>e MemLersiiip Rewarrlrprogram, proof gfac+ignod rmlrce platen on srccbpropen'h' when using a Membersbi(i Rewardsprogram roYencption terlifrurte, must be submitted in addition m odeer rayubrxl datumenA; if rapuested Description of Coverage Now the buyer's Assurrace Plan Works. When a Cardmember charges the attire cast of acovered product with his err her CardAceount', the Buyer's Assurance Plan will attend the terns of the original manufacturer's warranty for aperiad of tune equal to the duration of the original manufacture's warranty, up m one additional yeati on warrarnties of five years or less that are eligible in the U.S. How Yon Benefit • The BuyersAssurarnce Plan mirrors manufactures' warranties for covered produces purchased entirelywith your Card Account, up to one additionalyeac • Whenyourcowredpsoduct'smanufacturer'swarrutryexpires,the Buyer's Assurance Plan takes erect The Buyer's Assurarnce Plan cannot Pay more than [he acmal amount charged ro your Card for the item or $10,000, whichever is less (not to exceed $50,000 per Cardmanber Account perpolicy year for all Occurrence combined). • Coverageisprovidedforarryprodrulmaltundion,de<ectordamage covered by the terrosoFdte product's original warranty ("Occunance") -azrnoextracos~ • ForitaruchargederrtiredywiththeCard,tttepmgramadminisV:uor will deade whether ero have the item repaired orreplaced, or to reimburse you (cash oraedit~, not ro exceed the original purchase price. The Buyer's Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service dtarges.' • Where thepersonalpropertyconsistsafaRiclesinapavorset,this Policy shall be liable forane item. in the pair onset which form the basis of claim hereunder. • No product registration orenrdlmertt is required for arty covered Produces, including gifts punctnased for others. Who is Covered You are covRred utnda this Plan and coverage remains etfettive as long as you are a US. Resident Cardrrterntber, that is, the American Express Card has been issued to }ou in your Warne, and you maintain }roar Permanent Residence within the 50 United States of America, the 1)isuict of Columbia, Puerto Rim or the U.S. Pirgin Islands.' Your Permanent Residence is considered yourprimary dove]ling. Key Terms to Know • Benefitswiunotbepaidif,onthedateofOccurrence,onthedateof claim filing, or on the date ofwould-be claim payment, any amount due on your Card Account is unpaid for one or more billing cycle(s) or your Card Account is cancelled.' • You must provide proof of purchase and satisfactory proof of the covered Occurrerncewhik coverage is in ~ W qualify for benefits under the Buyer's Assurance Plan. Remember to keep all }otuAmerican Express charge receipts, original store receipts, original manufacnrres' warranties, andprodnctr requiring repair • Tf you purchase an ~ditional service oontrau or extended warranty with aprodua which is otherwise eligible under the Buyer's Assurance Plan, and the combined coverage provided byboth the original manufacturers warranty and the purchased service contract does not excced file yeas, then the product is eBgible for coverage order the Buyer's Assurance Plan 7fie Buyer's Assurance Plan wi6 extend the watrarnry time period and mirrorcoverage of the original manufacturer's warranty up to one additional year ofter both the original manufactwer's warranty and the purehased service contract have expired R, however You Purchase an American Express° Service Plan with a purchase fiom American Express Merchandise Services, the Buyer's Assurance Plan will apply bfore the service plan is in efferi If the canbined coverage d rite original manufacturer's warranty and fine purchased service contract exceeds five years then the product purchased is not eligible underthe Buyer's Assurance Plan and no cowernge appBe. • If you buy an additional service contract or an extended warrantyfor a canputec computer component orpart that already comes with an original U.S. manufacturer'swararrry, unless such coverage is provided from, and administered by, the original manufactwe5 coverage wrier the Buyer's Assurance Plan does not apply. Products Not Covered • produce no[ having manufacturers' warranties valid in the US.; • at the time of purchase, used, rebuilt, refurbished or remanufactured items; • produces covered by an unconditional satisfaction guarantee; • motorized vehicles (such as cars, trnncks, motorcycles, boats, airplanes) and their parts, subjeR to high risk, combustible wear and Dear; or mileage stipulations (including batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mtdRers); • motorized devices and theirpars used for agriculture, landscaping, demolition or coastnrction; • motorized device and their parts which are permanent additions or fixtures to a residential or commercial building • businness fixtures, including, but not Bmited to, air conditioners, refrigerarors, heaters; • lamdorbdldings; • conswnabkorperkh~leitems; • amimalsoruvingplants; • orne-0f-a-Idndproductswhichcazmotbeteplaced; • items purchased for resale, pofessional, or commercial use; • items stiu under installmentbilling (except those purchased from American Express Merchatdise Services); and • pradtrces with manufacturers' warranties, or combined manufadtmer's warrantne and service plan agreements, lasting in excess of five years. Occurrences Not Covered • anyphyskaldarnage,inrdtrditngdamageasadiraUresult~namral disasteror a powasurge, etuept to theexternt the manufacturePs wamamtymvers dama~ Iv49_FDR 706744 2/27/04 12:39 PM Page 6 • Occurrences caused by any of the following: fraud; abuse; war or hostil- ities ofany Idnd (eg., invasion, rebellion, insurrection); codfscation by order of any government, Public authority, or customs offiaal; risks of contraband; illegal activity a acts; radioactive contamination; • mechanical faRure covered under product rece ~; • aU Occurrences that take place outside the Buyer's Assurance Plan coverage effective period How to File a Claim Remember, you need to opal any Occurrence immediately, including drat for gifts purchased with the Card. Renenber also, you need w retain you receipo, the original manufacturers wazrarrty and the product requiring repair until the claim process is complete. You may also be asked to obtain a repay estimate. 1. Cab toll-free 1-800-225-3750 to trotify us of your claim (arerseas, call collect at 1-303-273498). Notr. You must reportya~r claim wAbin 30 daysfrom doe date of Occx~rrerrce. 2. The prograrn adminishatorwiRdecidewhether [ohavethe item repaired or replaced, or to reimburse YW (cash or aedit~ up to the amount charged to the Card, and not w exceed the ouginal purchase puce.lhe Buyers Assurance Plan does not reimburse for shipping and handling pepenss or installatioq assenbly, a other service charges.' Note: No payment wiU be madefor invalid clainxs or claims not ~in !be mamrer rcgurrrd by Nie hrsurer: 3. You must return all requested documentation within 60 days from the date of Occurrence to remain eligible forcoverage. 4. For Borne claims, you may be required w card in the damaged product, ar your expense, for further evaluation of your claim. Notr./f r[yuesA~ you mustsend in the damagedprvrkrUuadrin 30 days firm Aye date of rrt7rvest m remain ekgrblefor muerage. Additional IttMrmation for You The benefits provided under the Buyers Assurance Plan apply only w you and Additional Cardmenbers on yourArmunt Only you and those persons have any legal or equitable right, renedy, orclaim w insurance proceeds and/or damages underor arising from the BuyEisAourance Plan. Subject to the temrs and conditions of the Plan, if the ~ardmemlrer is notified that any warranty has girded for any reason (sudt as bankruptcy oFthe manufacarrer or other responsible pony), the Buyers Assurance Plan vviB continue w provide coverage, not to exceed one yearfrom the date the Cardmenber is notified of such an event The Cardrrrember may be asked to provide proof in the form of a public announcement or other o~clal documentation. The Buyers Assurance Plan is underwumm byAMEX Assurance Company ("Insurer'), Administrative tYIice, Green Bay, Wisconsin. This document serves only as a description of coverage and is not a poBay or contract of insuruwe; the actual eertns, conditions and occlusions of PolicyAX0953 ("Polic7r') govern the Buyer's Assurance Plan. The Policy has been issued w Amercan Expres Travel Related Services Company, Inc. ("American E:preac"), the Policyholder This document replaces all existing prior Ilescuptions of Coverage for the Buyer's Asurance Plan. Kenneth J. Ciak, President TunothyMcehan, Secretary AMEXASSUranceCompany AMEXAssuranceCompany 6717-11-01 1. For tbo,+ti eligible and emoRnl in tbeMembersbip Reuarrk program, the entire cast gfa cuveradprodrramay oleo be purebnred through mlenrptron ofa Membership Reuvvrdsprogram redemption certifuate. 2. Credit reimbursenrentdaes not apply m New York State residenk. 3. For/hare eligible and enrolled in tbeMemhersl»p Rervarrtr program, paymerrtor arditurll not ext~ldre originalassigned value of rbepersonad property receGned through mdemption ofa Membership Rewardrprogram rrelemption rite up m the .staterilimits, exdudingsbippingandbaruAingevperrse. 4. hnporlant notefor tbcur enrolled in tbeAlembersbip Reunrds program: AMembersb(O Rervardsprogram reckmplion certificate um only be rapcemecl by eligible Cmdrnembers. i3enefits will not bepaid when a Membership Reuvmlrprogram redempliorr certifrcatebas bcerr tinnsferred m noneligible Cardmenrbers and/ornon-~. 5. DbesnotappEyloNewYorkStateresiderrri~. . .. - -_ ~ . 'rms.....,,., try, fi'.~ ~ ~ ~ r ~ ~~€f Description of Coverage Caz Rental Las and Darnage Insurance provides the Candmembe5 ff the Cardtnecnber is theprhnary renteS (as defined bekrw) with insurance coverage fordamage to or tltdtaf most RentalAu[as vvtren lire Cardmember uses the Card (as described below) to resve and pay for an ~- auto rectal from any Commercial Car Rental Company ("Rental Comparty~') other than those located in Australia, Ireland, Israel, Italy, Jamaica, and New Zealand' This coverage is always excess insurance. Who is Eligihle for Coverage You are eligible for coverage if: I. You are a Basic or Additional Cardmember and an American Expre$° Cana 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 etas that is pnovided Car Rental Lass and Damage Iruurarxe as a benefit d Cardmembership ("Cardmember"); and 3. Your Card account is billed from a U.S. operating cenkr in U.S. dollars. A PERSONAL, GOLU,'Rewards Plus Gold Cardrnembe who is enrolled at an accredited four year college, university or graduate school in the United States and is receiving student benefits provided as a benefit of Cardmembership is noteligible for benefits underthis Poky "Commensal Car Rental Company" or "Caz Rental Compan}+' means any commemial car rental agenaywhich rents Rental Autos? For the purposes of this Description of Coverage, Commercial Car Rental company means "Rental Company." How to Activate Coverage Coverage for then of or damage w a Rental Auto is activated when the Canfinember' 1. presents his or her eligible Card t4 the Rental Company to reserve the Rental Auto, by making a reservation; err by plxing a hold or deposit at the time the Rental Auto is checked out; 2. declines the full Collision Damage Waiver or similar option ("CDW"), orpa}s far a partial collision damage waiver, offered by the Rental Company; 3. is the primary rente5 which is defined as the Cardmembeti who is named on the written agreement with the Rental Company as ate person renting and taking control andpossession of the Rental Auto ("Primary Renter"); and 4. uses the Card to pay for the entire auto rental from the Rental Company at the time of vehicle return. Coverage continues in ~ectwhile the Cardmerrber renains in control and possession of the Rental Auto. A Cardmemb~ who is physically challenged and unable to operate the Rental Auto, may be the Primary Renter ifhe/she is the Canlmember entering inw the rental transaction. When Coverage Terminates Coverage for theftoFor damage to the Rental Auw temdnates when: • the Rental Company resumes control of the Rental Auto, or 30 consec- utivedays after the Rental Auto was checked out, whichever is earlier, • thePolicyiscancelled Length of Coverage Car Rental Loss and Damage Insurance corers eligible Rental Autos when rented under awulten rental agreement from a Rental Company for nor more than 30 consecutive days. Note: h7 no eventshall coverage beprovrded when are Car~knember ren~a RenkdAuto beymrd30tarzszcraA'vedaysfrom tbesameRental Company, regardle~ofmbelberdteorigmalagreernentisertender~ or a new written agreement is entered into, or a nom vebrde it reeled Additionally, no coverage will be provided when the Primary Renter rents a Rental Auto far more than 30 catsoutive days out of a 45-day period within the same geographic mankeVlocation (75 mile radius). What is Covered Car Rental Loss and Damage Irrsurance reimburses a Cardmember for payments for damage w or theft of a Rental Auw that the Cardrcember is required w make, up w the lesser of 1) the actual cast to repair the Rental Auto, 2) the wholesale Book value minus salvage arxi depreciation casts, or 3) the purchase invoice puce of the Rental Auto minus salvage and depreciation ousts. The coverage also reimburses the Cardmember for reasonable chazges (those charge incurred at the closest facility that are usual and cuswmary in the viclnity in which the Loss or disablement took place) imposed by the Rental Company, such as [owing or storm. Car Rental Lass and Damage Insurance covets no other type of lass. For example, in the evert of a collision inwlving the Cardmember's Rental Auto, damage w any other drivers carer the Injury of anyone or anything is not covered. Note: Tbispo[icy char notprovidelrabikty coteragejor Urrkrsurtr! MdmzRS,~ benefds ender any lYorkers' Canrpenmtion law, Disabikty benefiAr kzv or otter mandaterlCocernmentPlans. What Excess Coverage Means Car Rental Iris and Damage Itrsuranoe is an Excess insurance plan This means that this Feces coverage will neimbuse the Canknember onlyfor lases/expenses not covered by plants, such as a partial collision dama~ waives any personal auto insurance, enpktyer's auto insurance or reimbursement plan or othersourrxs of insururce. When these other plans apply; a Cardmember mustfirx seek payutert or reimburserrerrt and receive a determination based on the stated tepas of sudt odw Plans, drat any such Plans do not provide coverage before this Ikees coverage will reimburse the Cardmenbet Vehicles Not Covered Car Rental lass and Damage Insurance does not corer rentals aE • expensive cars, which means cars with an original manufacturers suggested retail price ~ $50,000 or more when new; • exotic cars regarrlles oFyear or value, including, but not Bmited w, Chevrolet Corvette, Toyota Supra, Mazda RX-7, Dodge Piper and Stealdy Plymo~u~thY Prowle5 Mitsubishi 3000 GT, Nisazr 300 ZR, JaguarXJS, Acura"~r Menxdes SI, SLK, S Coupe and E320 Coupe and Convertible, BMW M3, 23 and 8 Series, Cadillac Allank and all Porsche, Ferrari, Lamborghini, Maserati, Aston Martin, Lotus, Buga[ti, Vecto4 Shelby Cobh, Bentley, Rolls Royce; • tnrcks, pick-ups, cargo vans, custan vans; • full-siad vans, including, but not Bnritei to, Ford Econoline or Club Wagon, ChevyVan or Spatvan, GMC Vandura and Roll}; Dodge Ram Vans and Ram Wagon; • vehicles which have been customized or modified from the manufacturer's factory specifications except for duvets assistance equipment for the physically challenged; • vehiclesusedforhireorcrommercialpurpasa; • mini-vansusedforcommercial hire; Note:Mini-Yaps (Not Cargo Mini-Pans) wrl6factory speclfredseatmgcapacityofeigbtpascengersorless, including, but notkmited m, Dodge Caravan, Plymouh Poyager, Ford llrudstar and Nissan Quest, are rnvertvl when rented forpersmra! or business use only. • antique cars, which means cars that are 20 yEars old or have cwt been manufactured Porten or mare years; • limousines; • [u8-sized spoR utiBTy vehicles, including, but not Bmited m, Chevrolet/GMC Subufian, Tahce and Yukon, Ford Expedition, Lincoln Navigator, Toyota Land CmtseS lexus IX450, Range Rover orfull-sized Ford Bronco; • sport/utility vehicles when driven "offroad";and Note: CompaUSporYuBlity trbider, including; but trot limited to, Ford Rvplorer, Jeep Grand Cherokee, Nissan Pathfinder, 7fryola Four Rurmer, Chevrolet Bktzer, and lsuzu 7fvoperand Rodeo are covrrvvl when driven on paved roadr. • off-road vehicles, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any other vdilcle which is oat a Rental Auto. Losses Not Covered Car Rental Lass and Damage Insurance does oat cover losses caused by or cantdbuted w bye • operation of the Rental Auw in violation of the temrs and conditions of the Rental Comparry agrvremen[ (including but nor limited to losses oceurung when: aperson cwt permiroed w operate the vdticle pursuant to oertru of ate rental agreerrerrt was in pasesiar or control of the vehicle; o~ driving the vehicle ou6ide of the authorized rental teritay); • leased ormini-leased vehicles; • costs attributed to the Commercial Car Rental Company's normal course of doing business; • intenuonal damage; • illegal activity, such as losses where the Rental Auto was used foti or inwlved in illegal activity or felony; • preexistingmndiuons,damageordefect; • alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; • wluntarilytakinganydntgoractingundertheinBuecweoreffectoF that drug (unless taken as prescribed or administered by a Uoctor); • war or military activity; • radioactivity; • confiscation by authority; • wear and tear, including gradual deteuoration; • damage which is due and confined to freezing, mechanical or electrical breakdown err failure unless such damage results fmm a aloft covered by the Policy; • failure w return keys fA the Rental Company when the vehicle is stolen; • theft or damage to unsecured vehicle;; • theftofordamagetotires(fiatsorblowouts),unlesdamagedbyfire, malicious mischief, vandalism, or stolen, unles the loss is coinadent with and from the same cause as other lass covered by the PoBcy; and • oFF-road operaGOn of the vehicle. Car Rental lass and Damage Insurance does no[ saes and bents will notbepaldfar. • sales tax related to repair of damages, unless reimbursement of such sales tax is required by law, • dama~wanyvehicleolherthantheRertalAuw; ' damage w anypropenyother than the Rental Auto, owners propery, or iteru nor pemanendy attached to the Rental Auto; • dtelnjuryofarryrmeoranytidng expenses assumed, waived a paid for by the Rental Company • oriCSirtnrrer; • expenses covered by the Cardmenba's personal auto insures emplger orempbyEr's insueti a authorized drivers inwra; v49_FDR 706744 2/27/04 12:34 PM Page 7 • value addedtaxasimilaztax,unkssreimbutsememofsuchtaxis required by law, • lossof»sefeeinrposedbytheRentalCompany; • diminishmentofvalue; • any Rental Autousedforhireorcommereialpurpnses;and • depteciation,unlessmimbursementfordepreciationisnxpriredbylaw. Howto File a Claim A Cardmember must notify the Car Rental Loss and Damage Claims Unit toll-free at 1-806336-1670 in the U.S. only or call 1-446914-2950 fmm other locations worldwide, within 48 hours or as soon as reasonably possible following a loss. A representative will answer any questions aCardmember may have and wi6 send the Cardrnember ardaim form with inswctions. Complete and sign the claim form. Writtertproof of lass, which includes the claim forth and a6 other requested dceumerrtation pissed belay), must be received within (>D daysfollowingthe date of the damage a theft by: American Express Car Rental Loss and Damage Claims Unit, do: United Financial Mjusting Company, PO Box 94729, Cls~eland, Ohfo 441014729. Itthe proof of loss and other documentation is not received within 60 days of the date d loss, coverage maybe denied. Required documentation may consist of, but is not limited to: • our signed and canpleted claim forth; • an iteroiaed repair bib; • a copy of charge slip for the rental d the Rental Auto, Rental Auto contractor machine generated receipt to shoo rentalvras charged and paid for with an American Express Card; • a police report (if applicable); • photos of the damaged vehicle, if available; • a copy of the Cardmembess, authorized driver's or errrpkrya's auto insurarce coverage, or a notarised letter stating no insurance; • acopyofallclaimdocumentsandcormspondence,providedbytheCar Rental Company; • a copy d the Rental Company's utiliration log; • acoPYdthedrive~slicenseoftheCardmemberand/orandrorized drives unless the driver's license number shows on the rental agreement; • a ropy of the written r$ttal agreement, From and back, which documents when the Rental Auto was checlred out and duxlad in; and • information pertaining to other available insurance ooverage(s). Cazdmember cooperation with issues related to their bendits is required H aU required documentation is not received within 180 days of the date of loss (except fordocumerrtation which has not been famished for reasons beyond the Canlmerrrber's control), co~'a8e may be denied How Benefits are Paid All Car Rental Loss and Damage Insurance payments rvmbursable under the poBcy are payable to the Cardmember, except that payment maybe made, at the discretion of the Insure; jointly to the Cardmember and [he Commercial CarRental Comparrywhert the Car Rental Company has not been reimbursed for the covered lass or damage, or the Cardmerrrber has not validly assigned his/her payments t4 the Rental Company or any other Party Note: Bexefrts unR not bepaid f on the date oflass; on tfie date of rAraYri frlmg, or onlbe dale of potential claim pa}mre+rt, any anwunt due on}t~ur CardAUauntispast dire oryourCard is rancellai' AigMs of Recovery In the event of apayment under this Policy, the Insurer is enOded to all the righCS of recovery [hat the Cardmember, to whom payment was made, has against another That Cardrrremba must sign and deBver to the Insurer any ~ 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 a Commerdal Caz Rental Company has been paid damage under Policy AX0925, and also recovers fmm another, the amount recovered from the other shall be held by that Cardmembec or Commercial Caz Rental Company in trust far the Insurer and reimbursed to the exrentof the Insurer's payment As a condition precede[rt to coverage, the Cardmember is required, and has a duty to frilly moperatewith the Insurer in any invetigations, subrogation matters or legal proceedings by providing copis of any and all legal notices and any and all statements, including sworn statements and mntdbuting any other papers and documems t4 reasonably assist in the disposition of the legal mattes Netificatiea of Legal Acton When a Cardmember is served with suit atd/orsummons papers relating to aCaz Renal [,oss and Damage claim, the Cardnember mvntrtoU[y (see address and phone number sender "Claims Notice" section) andprovide aopis of the suitor auttmats papetstothe Caz Rental toss and Damage Claims Unitwithin 15 days of when the Cardmember is served. Failure to compty may restilt in denial of bend"its. Additional Irrlomwtion for You This coverage is underwrit[ert byAMIX Assurance Company ("insurer") through irmrra[rce PolicyAX0925 (the "Policy") issued to Arrerican Express Travel Relaxed Service Comparry, Inc. and is participating subsidiaries, aifiliate and licenses. The Policy may be changed or tertnina[ed This Description of Coverage is an importarrt document. Please keep it in a safe place. Although it describes ells present form of irrsururce as it exists at the time ofprinting, this documertt is not the Poicy or contract of insurance. The benefits desuibed in this document are subject to aR of the perms, cordiflons and exduslau of the Policy issued by the underwriter. This document replaces arrypria Desniptionof Coverage ands the Policy which may have been famished [o [he Cardtnertrbec ~~ President Secretary AA1IXAssuranceCompany AMEXAssuranceCompany 6679-11-97 (avo2) I. Fortbaseeligib[eandersrollarlinMenrbersbipRavards; ifs Membersbrp Rewards ~ cerh, ftcate is ua~alr att~r'a8e u prordded mrly m Rental Aukzs r+errterlfn tl~e Unila?States. 2. When used in conjuncffon witl~ a Membersb~ Rervards rrelemptiorr rerhftcnte are/xir'ticipatiuBCarRerslalrArnpamaarelrmitedto Hertz, National and Budget. 3. ljeligtbleandenro!l~lmMembersbipReward; caeragelsalso adivatcvl wken the Cardmem6er (I) prasenty a Mem6ersfiip Rewards redemption cprhJauleand (2) asses Membership Rewards mdemptioon ~ at apartiapating Comrnerdrtt Car Renkd C,omparry. hnportaut rrolefor share enrolled in rive Membership Rarxrrds: AMembersbip Rewards redemption ceitifrrate wn ondy be ro~eemed by efrgible Cmdlnembers. Benefrh rant nd bepaid when a Membersfp Rewards redemption certificate bas been transferral m hon-eligible Crtrdmembers antYor uon- Caxlmembers. 4. Does not aptly to Nero York Stale residenk. . ~~DA,4AU,~ S'~ jU.~pR ~ .: ' i r . ,,, ~:r ~ ; S~ z .~~,,..~, ~ ~ ay ~JCIA'JI[i'.6Y '"~ ~' Description of Coverage Covered Persons: A person shall be a Covered Person under the Blanket Master Group PolicyAX0948 (the "Policy") only iF 1. he err she R: a. For $100,000 coverage, a Basic or Additional Cardmembervrho has any of the following Cards, or the extended paymen[Aocount offered in conjunction with any of die following issued by American Express Travel Relaxed Service Company, Inc. a its partcpating subsidiade ("American Express") in his a her name: American Express° Rewards Green Card, American Express' Preferred Rewards Green Cartl, American Express•Rewards GoM Card, American Express' Preferred RewazdsGokl Card, American Express° Business Catd, American Express' Cash Rebate Card, American Expres• Community Business, American Express' Credit Card, American Express° Intresrmem Managenteru Account Gold Card, American Express' Costco Cash Rebata Credit Card, The American Express' Gosxco card (IDC): American Express' Costco Business card, Bank of Hawaii Credit Card from American Expres, Bank of Hawaii Cold Credit Canl Gom American Express, Best Rate Card, Blue for Businesfrom American Express, Slue for Smderrts°`, Blue from American Express, Business Capital Line from OPEN: The Small Busines Network", Business Gold Card fmm OPEN: The Small Businss Network'", American Express®Business Management Account from OPEN: The Small Business Network'", Business Membership Rewards' Card, American Express' Business Purchase Account from OPEN: The Small Busines Networks", Buyers Bonus Card, Continental OnePass Credit Card from American Express, Corporate Card fmm OPEN: The Small Business Network91 including beginning with Account number 37134, American Express•Bruines Cash Rebate Card from OPIN: The Small Business Network", Corporate Cos[m Cant fmm OPEN: The SmaE Busines Network", Delta SkyMils•Busirtes Credit Card fmm OPEN: The Small Business Netwodt°', Gold DeltaSkyMiles°Business Credit Card fiom OPEN: The Small Business Network", Delta SkyMBs• Credit Card, Delta SkyMile° Options Credit Card, American ExpressExecutlve Business Card bow OPEN: The Sma6 Business Network", Gold Anrairtarr Express Portfolio Credit Card, Gold Card, Gold Delta SkyMile• Credit Card, Gold Senior Card, Cold Student Card, Membeabip Rewards'O Credit Card flan American Express, Membership Rerumrls Cgrtioct~' Credit Card from Arrrerican Express, National Mrdtiple SderosB CreditCard, Optima° Card Accounts, Optima° Cash Rewards Card, Optima° Gold Cant, Optima° Platinum Card, Optima' Platinum Cash Rebace Card, Optima° Platinum Preferred Card, Persaral Card, Personal Choice Card, Persaral Senia Cant, Personal Student Cant, Platinum Cash Rebate Card, Platinum Tklta SkyMiles° Credit Card, Pladnum ShopRite Credit Card frarrr American Express, Starwuod Preferted Gust Credit Card from American Express, The Amedc m Express• Golf Card, The FdeliryAmerican Exprar• Card, The Fidelity American Express' Gold Card, The Hilton HHorrors• Platinum Credit Card from American Exprss, Bingltaznron Savings Bank GoklCredit Gard frets American Express, Binghamrorr Savings Bank Brrsirress Credit Card fmm American Exprgs, TheNewYock (vddvs Card fiom American Express, The Newyork Ran~rs Card from American Express, The Small Business Carditan Amerkan Express; a b. For $250,000ctuvrage, aBasicorAdditional Cardmemberwho has a Revrards Plus Gold Card, Corporate Rewards Plus Gold Card or the extended payment Account offered in conjunction with and issued byAmerican Express Travel Related Service Company, Inc. or its paRiapating subsidiarie ("American Express') in his or her name; or c For $500,000 taverage, a Basic or Additional Cardmember who has aPlatmum Card, Fidelity American Express Platinum Canl•, American Express° Investmem Management Aaount Platinum Card, American ExpressBusirrea Platinrmn Card• fmm OPIN: The Small Business Netwodt"', I.exus Platinum Card, American Express Platinum Fmancial Services Card, IAC IDC Platinum or the exlerrderl paymentAocount offered in conjunction with and issued by American Express TravEl Related Service Company, Inc or i6 P~P~6 srbsidiars ("American Express") in his or her name on a hum Card Account; or d. For $~00, 000 coverage, a Basic orAdditional Cazdrnemberwho has a Centurion Cant, American Expnes•Busirress Centurion Card' frau OPEN: The Small Business Network" orthe extanndedpaymem Aocourrt offered in oonjunciion with and issued byAmerican Express Travel Related Service Company, inc. a its P~P~g subsidiazie ("American Express") in his or her name on a Cenouion Card Account; err e. the spouse, Domstic Partner or dependent child underage 23 of arty eligible peasat descn'bed in (a), (b), (c), (d) above; and 2. his or her Permanent Residence is in the 50 United Stars oFAmerica, Districtof Columbia, Puerto Rim, a U.S. Wrgitt islands. Definitions °AocidenY' wheneverused in this Policy means an unexpected event which cause injury and shall also include exposure resulting fmm a mishap on a Common Carrier Conveyance in which the Covered Person u oavEling. "Additional Cardmember" means any individual who has received an Amrerican Express Card atthe regrretof a Basic Cardmettberfa use in caurection with are Basic Cardmember's American Express Card Account "American Express Card" shag mean, antes otherwise specified, anyoF the Cards aAmounts Bsted above un~ Covered Persons. '.Basic Cardmember" means any individual who has asked American Exprac m issue one err more American Express Cards and who has an American Express Card Account "Common Carrier Conveyance" means an aq land orwater vehicle (other than a rental) licerrsed to cony passengers for hire and available to the public. A trip is a "Covered Trip" iF: 1. itisatriptakenbytheCoveredPersonbehveertthepointofdeparture and the final destination as shown on the Covered Person's ticket or verification issuedby the Common Carrier Conveyance; and 2. the Covered Person's entire fare for such trip on that Common Carrier Conveyance has been acmrallycharged to a specific American Express Card Account prior to any Injury: "Dometic Partner" means a person of the same or apposite gender who meets the follaving requirements: 1. has shared a resdence with the Basic or Additional Cardmember forthe last 12 months and plans to continue doingso; 2. is not marred N any otherperson and is not committed to another Dometic Partner; 3. is at least 16 }ears old; 4. is not related to the Basic or Additional Cardrrtemberby blood closer than would baz martial per state law; acrd 5. isfinandallyinterdepatdentwiththeBavcorAdditiona}Cardrnember and docurtrerrtatfon aFmutual financial supportsuch as mpie of joint home ownersldp oc lease, common bank accouna, credit cods or invesmreno can be supplied "Injury" meansbodilyinjurywltich: 1. is caused by an Accderrt which occurs while the Covered Person's insurarax is in force order the 1'alicy; and 2. results inlessirrsuredbythePolicy;and 3. aeates a loss due, directly and irrdependendyof all othercauses, m such acddental bodily injury. "Permanent Reidence" means the Covered Person's one primary dwelEng place, where the Covered Persatpearmanently resides. Iv49_F'DR 706744 2/27/04 12:39 PM Page 8 Benefit Amounts Asabenefa9rCardmembersiriP, aBeCoceralPersmr unll razrrra benefit leual of $100,000- 5250,000- $500,000- $1,500,000 dgoending on the Py/ie ofAmeritan Erpresc CardAtmurtt usa!!o cdrtrge die Common Carrier Conzeyanafarefor the CocrredYFip. Plaaae refer kr d1e CorxreaPersons saclimt ofthis Dett~tptimr 9f Coverage. Ijyou areslil! urrstrre u>Irat bereft lerrel of mr+erageugWler to}+ourAmeeiran ~' Gerd, plerzre cunkuf deeCrestomerSerotce Center toAfiae number Baal on Ibe back ofyour ~ also sborrm on ,your Card statem¢rK ~~~~ loss of Life $100,000 $250,000 Dismemberment Lossotbothhardsorbothfeet $100,000 $250,000 Loss of one hand and one foot $100,000 $250,000 Lossafenthesightofbotheyes $100,000 $250,000 Loss aFentire sight of one eye and one hand or one foot $100,000 $250,000 Iossofaehandoronefwt $50,000 $125,000 lossofentiresigh[ofaneeye $50,000 $]25,000 Ta~¢[t~f IossoFLife $500,000 $1,500,000 Onmemberment Ioss of both hands or both feet $500,000 $1,500,000 Loss of one handandonefoot $500,000 $1,500,000 lossofentiresightafbothetes $500,000 $1,500,000 I.~ otentire sight of one eye and one hand or one foot $500,000 $1,500,000 Loss of one hand or one foot $250,000 $750,000 Lacs of entire sight of one eyx $250,000 $750,000 "Loss" as used above with reference to hand or foot means complete and permanent severance through or above the wrist or ankle joint, and as used with reference to eye means the irrecoverable lass of the entire sight aFsuch eye. 5100.DUD -5250,000- 5500,OD0 - 51.500.0U0 Maximum Indemnity per Covered Person [n no evert[ will multipleArrierican Express Cards obligate the Company to Pay for more than ore loss sustained by any ae individual Covered Person as a rewtlt of any one Accident The Company's obligation under the PoBcywill be deternired according to the highs[ amount payable under the specific American Express Card actually used to charge the Common Carrier Conveyance fare for the Covered Trip as stated in the Ben$itAmounts In no event will a loss from an Injurywhile coverage is in force under the PolicyAX0948 obligate the Company to Pal' ben~CS under PoBayAx(1949, the Company's Busines Travel Accident Insurance Policy, in addition [o any bend'its payable by the Company under the PoBcyAX0948. The American Express Cards Bsted under this Policy do not receive coverage under PoBcy AX0949. Accidental Death and Dismemberment Benefit The CompanywiR pay the appBcable herefit amount as determined from the Table of losses if a Covered Person suffers a Loss from an Injury while coverage is in force under the PoBcy; but only if such Lass occurs within 100 da}s after the date of the Accident which caused the injury. Benefits will be paid for the greats[ Loss. In no event will the Company pay for more than one Goss sustained by the Covered Person as the result of any one Accident. Description of Benefits Common Carrier Benefit This Betefit is payable it the Covered Person sustains Injury as a result of an Accidentwhich 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 Tdp which results in the disappearance, sinking or wrecking of the Common Cartier Conveyance, and if as a result of such exposure, the Covered Person suffers a loss Forwhirh benefits are otherwise payable under the Polk}; such lass will be covered under the PoBcy: B the Covered Person disappears because of an Acoidett on a Covered Tyip which results in the ddisaappearartce, sin(dng orwrerlting of the Common Carrier Conveyance, and ff the Covered Person's body has not been found within 52 weeks after the date of suds Accident, itwill be presumed, subject ro there being rw evidexx to the contrary, drat the Covered Persat suffered loss of Life as a result of Injury covered by the Policy Coverage Reguiremerrtt A Covered Person will be fully insured for bendits under the PoBcywhile taking a trip on a Cornrrrori Cartier Conveyance onlywhen the fare has been charged m the spedfic American Expres Card EBgibiliryfor wverage will remain in effect as long as the definition of a Covered Person is met Premiums The premirmn forthis wverage is payable by American Express. Exclusions This Policy does not cove any loss caused orcontribured to by (1) inreri0onaltyeelf--inflicted Injury, suicide or any attenpt thereat, while sane; (2) war or any act of warwheder derfared err undeclared; hovvtwec any act committed by an agent aFany govemrment, party, or faaron engaged in waS hastilf0e, or otlte wadike operafions providedsrrch agent is acting secretly and not in wmectiai with any operation of amred tomes (whether military, naval or air forms) in the country where the Injury occurs shall not be deemed an act ofwar, (3) Injury fp which a contributory cause was the canmission of a attempt to cortunit an illegal act byaat behaff of the Covered Person or hisRver beneficiaries; (4) Injury received while serving as an operator screw member of arty oonvey^urce; (5) Injury received while ddving, riding as a passenger in, boarding or alighting from a rental vehicle; or (~ siclmess, physical or mental infirmity, pregnancy, or any nxdical or surgical treaortent for such conditions, unless treatment of the wrdidon is required as the direct result of a wvered Injury. Beneficiary A Basic Car&nember may dsignare a bereficlaryor change a previoruty designated beteficiaryfor hiinselbherseltand his/lerspaorue/Dormetic Partner and depmdantchildren who are not also Basic orAdditlonal Cantmermbers. M Additional Cardirie»be may designate abeneficiary for himselNherself and his/her spaise/Danedc PaNer and dependent children who are not also Basic a Addiuatal Cardmembers orspouses/ Dometlc Partners or dependent children oFBasic Cardrrembers No persons other than those stated above may deignate a change a previousty designated beneficary. For such dsignation or change to berome ~ettive, awritren request, on a form satisfa4ory m the Company, must be filed with American Express. Such designation or change shall take effect as of the date it was signed by the designamrprovided that it has bcen received byArnerican Express, but any payment of proceeds made by the ComPanY Prior to receipt of such deignation of chant shall fully discharge the Comparry to the extent of srrrh payment. Claims Notice of claim must be given [o AMEX Assurance Company, Claims Administrative Office, PO Box 1901, Green Ba}; W[ 54307-9018within ZO days after the occurrence a commencerriert of any Iris covered by the Policy, or as soon thereafter as is reasatablypossible. Notce given by or on behalf of the claimant to the Company az its Adminis[rafive Office, or to any authorised agent of the Company, with infonna0on su0icient to identify the Covered Person shall be deemed notice to the Company. Payment of Claim Benclio for Loss of Life of a Covered Person will be paid to the designated bertcl'idary. Bencl'i6 for a6 other loss sustained by a Covered Person will be paid to the Covered Person, if Being, otherwise to the dsignazed beneficary. If more than one beneficiary is dsignared and the benefiaarie' revpective interests are not specified, the deignated beneficare shall share equally. If no beneficiary has bean deignated, or if the designated ben~ciary dos not survive the Covered Person, the benefits will be paid to the first surviving clay of the following: l) spouse or Dartestic Partner, 2) children, equally pestirps; and 3) the stare. In determining such person or persons, the Comparrymay rely upon an affidavit bi' a memberof arty of the classy of preference berteFiaarie described above. Payment based upon any srxlt affidavit shag fully discharge the Company from all obligations under the Policy unless, before such payment is made, the Company has received az its Administrative Office written notice of a valid claim by some other person(s). Any amount payable to a minor may be paid to the minor's legal guardian. Time Limit on Actions No action az law or in equity shall be brought to recover under the Policy after the expirations of three years, five years for Centurion Card, American Express®Business Centurion Card' from OPEN: The Small Business Netwrorlc", after the time written proof of lass is required to be furnished The benefits described herein ate subject to all of the terms and condi- tions of the PoBty. This Description of Coverage replaces any prior Description of Coverage which may have been famished in wnnection with the Policy ~y J L ItennethJ.Ciak Timothy S. Meehan Presider[ Secretary 6713-11-01-0OM Notice to Florida Residents Only: The banefirs aF the Polley P~~gY~'c~rd8e ~ gamed primarily bythe laws of estate other than Fkxlda t. lf, ~r r8 ~' ~ ~8e y»u aresMtl unsure robot beneftlecral ol~+'a8e gpplses m ymerAmerium Erprxrv ~, Pew contact d r Customer Service Cznter toll; JG~ number limd on the boat ofynur cacti also sAoum on your Cart .aatement. Please note NaatAlrprogram it oJjeral only on 1bePlrainum ~ SkyMiles Cralit Cmd Program Description BetYalue Guarantee ensure thatyou pay the lowestpdce available on caeredirerrispumhasedentiretywithyoureRgibleAmeriranExpless Card Simply use the Card as yvu nomvallywould, wheaeverAmerican Express Cards are welcome. If within b0 days, yrou see an idenural irertr m de one you purchased with the Card advertised in print (i.e., newspapeS magazine, periodical, journal, or store fiver) az a kwcr price than you originally paid, call I-800-557-8317 to initiate a n~uest for a rrhmd. You will then be asked to card the dated advertlsement, the store receipt and your record of charge to us within 90 days of yourpurrhase. Price romparisorts which are found on the IntemM do not qualify ands this progrun. We wiR gladly honor your requst for a refund on a savings of $10 a mot. Once your request is approved we'll reimburse the price difference m vat - up to $250 per item excluding taxes, sfdpping and handling and Broiled to are refund request per item purchased. Limitations Purchases must be made in the United Slats and charged in fu0 an your American Express Card A refirrid will not be paid ff, on the date of your sequel, a cer the dare of waild-be payment, any amount on your Card Account is past due for ore or more billing cycle(s) or your Card Account is cancelled Refunds are limited to $250 per item and $1,000 armuaBype Card Account An identical item is defined as an item that is exactly equal and alike in every way This include, but is not Bmired to, the brand name, model numbe5 materials, workmarolvip and any assodated watrantywith draz item. Any items thaz are purcliased from a store thaz abeady has an stablished lowest price guarantee program will not be wvered under Bet Value Guarantee. Store advertisenenls which reference a discount on all items a type of items do not qualify For example an adver6serient stating "All store merchandise is 40%off' is not eligible under this progrun. Items which are sold as an inclusive special o0eS such as, but not limited to, a °kit," "package deal" or "bundled item" are not eligible. Forexample: an adverOseman[ which offers a camwrderwith a free tripod and carrying case is not eligible under this program. Rebate and coupon offers are not eBgible Items which have been rearmed to the merchant are not eligible to coverage. Inremet price comparisons refer to arty and all elecaonic communications whose souroe includes, but is not limited m: websites, elecoonic mail, promotional Farsimile, a other distributlon network. This progrun dos not apply to any advertisements dated before your purchase or more than 60 days after yuurpurchase. You are entitled to one refund requst per item during duty timefiame. Items not covered are: animals and Being plants; one of-a-Idnd items (including antique, artwrk and furs); limited quantity items; items that the advertisement slats can be purchased with rash onty; demonstration items; going-out-0F-business sale items; .'discontinued" iteris; consumable or perishable items with 6mired life spans (such as, but not Broiled to, perfume, Bght bulbs, non-rechargeable baueris); Jewelry (including, but not limited to, loose gems, precious stony, metals, and Pearls); watches services and ~ditional cosCs (such as installation charge, warrantie, shipping, taxes, or car rentals); rare and precious wins; stamps; used; rebuilt and refurbished items; cellular phones; pagers; tickets of any kind; travelers check; motorized vehicle (such as cars, frock, motorcycle, boats, or airplane) and theirparts; land and buildings; negotiable instrwrrenCS (such as promissory notes); cash and its equivalent if you have any questions regarding the Best Value Guarantee program, please cdl our Customer Service Department az 1-804557-8317. Note: Best ValreeCuarantee is currently not available ta hrternationa! DollarAtanents with addreous in lire continental US., Puerto Rica, or the US Virgin Islands. ® 2004 American Express The Platinum Delta SkyMiles® Card Prepared For CRAICI L HENCH /~. D E L T,4 AccounCNumber ClosingDete XXXX-XXX)CX6-72007 08120!09 New Activity $ Minimum inc. Ac~ustments end Amount Due $ Previous Balance S P ment Aclivi $ Finance Charges'rf any CJew Balance $ 33,354.57 0.00 0.00 =33,354.5 ~ ~ Credit Llne Total Credit Available Credit Cash Advance Available Cash Summary Line $ Line $ Limit $ Limit $ on 08/20/09 32,800.00 0.00 0.00 0.00 Page 1 of 3 Payment Due Date 09/14/09 Mlnlmum Amount Due includes: Past due amount $4,803.00 This month's amount due $667.00 Please refer to page 2 for important information regarding your account Your account is over-limit and past due. Please pay at least $5,470.00, plus any additional charges you have incurred since the date of this billing statement, to avoid any over-limit fees on your next statement. Please see your Cardmember Agreement for additional terms and condltlans that may apply. This statement is for information purposes only. This is not a bill. Please contact your collections agency for , account information. Disregard the minimum due amount, your account is in default and the balance is due in full To manage your Card account online or to pay your bill, please visit us at www.americanexpress.com. For additional contact information, please see the reverse side of this page. To help you manage your finances more effectively, the Payment Due Date for your account is at least 25 days from the Closing Date. If you are enrolled in AutoPay, the date you set for automatic payment is not affected. Activity •Indica[espos[ingdate Amowrt$ Totat of Payment Activity 0•~ Amourrt f Total of New Activity 0•~ Please fold on the perforation below, detach and return with your payment + COntinUed oR Page 3 Do not staple or use paper clips Account Number Payment Due Date: To Pay by Computer, visit: Payment Coupon 3725-446916-72007 09114!09 americanexpress.comlpbc. Enter axount number on New Balance all documents. $ 33,354.57 Make check payable to tl~illithnilurll~Ilf hli~it'llrt ~lih~It~I~~li~titi~I~iillilh American Express. CRAIG L HENCH Minimum Amount Due 470.00 55 See Finance Char e g 9 KEYSTONE DR , section on reverse side for MECHANICSBURG PA 17050-1571 a description of when additional Finance Charges are not assessed P h I • 1 ases. urc on Amount enclosed Check here if your address or phone number has Mai Payment to: Il~tIt~~llllltn~tItnitnl~t~rl~IltJ~~tlttnritl~rt~~ultpJtl changed. Note changes on ~rse side. AMERICAN EXPRESS P.O. BOX 1270 NEWARK NJ 07101-1270 000037Z544691672D07 003335457000547000 17 r• R'epared For Account Numt~er CRAIG L HENCH ~p(X_~p(~CX6_72007 Page 2 of 3 Payments: Payments received after 12:00 noon may not be credited until the next day. Payments must be sent to the payment address shown on our statement end must indude the rerriittance coupon from your statement. Pa ants must e made with a single check or draft drawn on a US bank and payable in US ddlars, or with a negotiable instrument payable in US ddlars and dearable through the US banking system, or through en electronic payment method payable in US doNars and clearebk: through the US banking system. Your Account number must be inducted on all payrrtents. If payment does not conform to these requirements, crediting may be delayed and additional Charges may be imposed. If we accept payment made in a foreign currency, we will choose a conversion rate that is acceptable to us to convert your payment into US ddlars unless a particular rate is required bylaw. Please do not send post-dated checks. They will be deepposited upon receipt. bur acceptance of any payment nmrked with a restrictive legend will not operate as an accord and satisfaction without our express prior wntten approval. Authorization for Electronic Debit: We will process checks electronicaly, at first presentment and any re-presentments, by transmitting the amount of the check, routing number, account number and check serial number to yourfinanael institu -ion, unless the chedr is not processable electronicalyor e less costly process is available. BY submitting a check for payment you authorize us to initiate en electronic debit from your bank a asset account. When we process your check electronica~y, yyour payment may be debded to your bank or asset account as soon as the same day we receNe your check, and you.will not receive that cancelled check with your bank or asset account statement. If we cannot celled the funds electronically we may issue a dreft against your bank or asset accounttor the amount of the check. Authorization for Electronic P ments:. usin Payy Bgyy Cam uter, Pey By Phone or any other electronic payment service of ours you will be authorizing us to in~date an efecfranic debit to tFie finandal account you specify in the amount you request. payments received after 8:00 p.m. MST may not be credited until the next day. Allocation of P ments and Credits: Subject to applicable law, we will applyy and aAocate paymants and credits among balances and C~arges on your Account in any order and manner detenruned by us in our sde dsaetion. Finance Char es: Aver a Dally Balance (ADB) Method for Caiculatlon of Finance Charges (FC): We use die AD6 me o calculi~e FC on r Account. Under this method, we figure the FC on your Account by applying the daily periodic rate (DPR) to the ADB (as described below) for each Feature (such as Purchase, Cash Advance and Balance Transfer features) of your Account (including current transactions . To get the ADB for each Feature we (1) take the beginning balance far the Feature each day (including unpaid ~C from previous biting periods) (2) add any new transactions, debits, orfees (3) subtract any payments or credts, and (4) make any appropriate adjustments. Far each day af6er the first day of the bit rig period, we also add an amount of rrtferesf equal to the previous day's daly balance muttipiied by the DPR ibr the Feature. This gives us the daily balance for the Feature for that day and the beginning balance for that Feature for the next day. ffthis balance is negative, it is considered to be zero. Then, we add up all the daily balances for the Feature for the billingg period and divide the total by the number of days in the billing period. This g~yes us the ADB far the Feature. If you multiplythe ADB for each Feature by the number of days in the billing period and the DPR for that Feature, the result will be the FFC assessed on that Feature except for variations caused by rounding. The total FC for the biNing period is calculatedby addngthe FC assessed on ell features ofthe Account. This method of cakulatrng the ADB and FC results in dairy compourraling of FC. The minimum FC for any billing period in which FC are imposed is 50.50. If you paid the New Balance on your prior statement in ful by its pa ant due date, and you pa the New Balance an this statement by its pa ant due date, then you will avdd addtional FC on purchases inducted in the New Balance an this statement. Transactions Made In Foreign Currencies: If you incur a Charge in a foreign currency, it will be converted into US ddlars on the date it is processed b us or our agants. Unless a particular rate is 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 forei n currency is no.greater than (a) the highest official conversion rate published by a government a envy, or (b) the highest interbank conversion rate identified by us from customary banking sources, on fhe conversion date ar the pnor business day, In each Instance Increased by 2.7°k. This conversion rate mayditfer from rates in effect on the date of our charge. Charges converted by establishments (such as airlines) wtl be billed et the rates such establishments use. B~ill_i_ng_R~ig_h_ts S~Lmmary: In Case of En-ors or Questions About Your BIII: If you think your bill is incorrect, or i you ni sect more i~ormation about a transaction on your bill, write us on a separate sheet d' paper at the Customer Service address noted to the right. We must hear from you no later than 60 days after we sent you the first bit on which the error or problem appeared. You can telephone us of the number indicated on the front of this statement, but doing so will not preserve yyour rights. In your letter, give us the fdlawing information: 1. Your name and account number; 2. The ddlar amount of the suspected error; 3. Describe why you believe there is an error. if you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigatktg, but you are still obligated to pay the parts of your bill that ere not kt question. While we investigate your qquestion, we cannot report you as delinquent or take any action to cdlect the amount you question. If you have authorized us to pay your bill automatically frcm your checking or savings account, you can stop the payment on any amount you think is wrong. To stop the paymant Your letter must reach us three bus'rtess days before the automatic payment is scheduled to occur. Special Ruie for Credit Card Purchases: If you have a problem with the quality of goods or services that you ppurchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to ay the remaining amount due on the goods a services. You have this protection only when the urchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisementfor the property or services, all purchases are covered regardless of amount or location ofthe purchase.) Credit Balance: If a redit balance {designated CR) is shown on this statement, it represents.moneYYowed to you. If you do not make sufficient charges against the credit balance or request a refund we will, within 30 days after expiration of the six-month periodfdlowmg the date ofthe first statement indicating the creel{ balance, issue a check toyou for the credit balance ifthe amount is $1.00 or more. New York residents meycontactthe New York Banking Department to obtain a comparative listing of credit card retes, fees and grace periods by calling 1-800-518-8866. Change of Address If correct on front eo not use Street Address Cdy. State Zip Code Area Code and H ome Phone Area Code antl Work Phone Email [optional) To Pay By Phone 1-800-472-9297 Customer Service and Lost or Stolen Cards 1-800-257-0770 24 hours/? days International Collect 1-336-393-1111 Hearing Impaired (gam-5pm EST) TTY: 1-800-221-9950 FAX: 1-800-695-9090 In NY: 1-800-522-1897 Large Print and Braille Statements 1-aoo-257-0770 americanexpress.com The Platinum Deka SkyMilese Card from American Express P.O. Box 981535 EI Paso, TX 7999&1535 Express Cash P.O. Box 981531 EI Paso, TX 79998-1531 Payments P.O. BOX 1270 NEWARK NJ 07101-1270 • To change your address online, visit rvww.americanexpress.comlupdatecontactlnfo • For Name or Company Name changes, please call the Customer Service number on the back of your Card. • If your address or phone number has changed to a FOREIGN ADDRESSOR PHONE, please call Customer Service. • Please print clearly in blue or black Ink only In the boxes provided. r Please provide your e-mail address to receivn~important account updates and exdusiv~e Cardmembar offers and benefits. You may v~tat the American Express Privacy Statement at www.amencanexpress.com/pnvacy for more details and to set your email preferences. ,ann~ p~}t~r5 Prepared For CRAIG L HENCH AccountNumber CbsingDate Page 3 of 3 XXXX 70)000X6-72007 08/20/09 Finance Charges Billing days this penod: 30 Average Daily Balance $ Daily Periodic Rate Actual ANNUAL Nominal ANNUAL PERCENTAGE PERCENTAGE RATE RATE Periodic FINANCE CHARGE S Purchases 0.00 0.0746°k 0.00% 27,24°k 0.00 Cash Advances 0.00 0.0746;6 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 etTect. ~ D E L T Current SkyMilesAAxount Number: Year to Date 2507112775 . Period Total Mfles Earned 0 12,359 Miles Earned for Eligible Spend 0 8,847 Total Bonus Miles Eamed 0 3,512 Remember, you can earn a Miles Boost" of 10,000 Medalliono Qualifigtion Miles by reaching $25,000 in eligible purchases by December 31st. Your Year-to-Date spend on your P~tinurp Delta SkyMilesa axount is $ 8,1347.0. Terms and Conditions apply. Please visd americanexpress.conVdeltacardbenefltsforctetails. Credits appearing this billing period may have resuRed in a negative number of miles earned this billing period. Future qualified spending wiA 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 SkyMilesm statement due to differences in timing of individual statement production. Ali miles earned each billing period are transferred to your Delta Air Lines SkyMiless account. Any bonus miles earned at participating partners will be reflected in your Delta SkyMilese Frequent Flyer statement. 0 AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG BENCH DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED NOTICE OF SERVICE OF DEFENDANT'S TO: THE PROTHONOTARY This is to certify that on this day, I, Peter J. Russo, did serve a copy of DEFENDANT'S INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS and CONTENTION INTERROGATORIES to Plaintiff, American Express Bank, FSB, through its counsel of record, Benjamin J. Cavallaro, Esquire, by depositing a copy of same with the UPS, which was addressed as follows: American Express Bank, FSB c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 C=p C1 c? 04 x = ?z QC - ZJ W W "1? = low W aZ U- C c?a Respectfully submitted, R J. RUSSO, P.C. Peter J. Russo, squir Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CRAIG HENCH DEFENDANT : CIVIL ACTION - LAW : NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing document upon the following persons, in the manner indicated: OVERNIGHT MAIL via UPS Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant B Peter J. Russo Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX OF THFILED-OFFICE ROARY 2010 NOY 23 PM 3: 05 CUMBERLAND COUNTY PENNSYLVANIA AMERICAN EXPRESS BANK, FSB : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CRAIG HENCH DEFENDANT : CIVIL ACTION - LAW : NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: AMERICAN EXPRESS BANK, FSB do BENJAMIN J. CAVALLARO, ESQUIRE You are hereby notified to file a written response to the enclosed Defendant's New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, = J. RUSSO, P.C. Peter J. Russo, Esq Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG HENCH DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT. CRAIG HENCH'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, COMES Defendant, Craig Hench by and through his attorneys, Law Offices of Peter J. Russo, P.C., and avers as follows: 1. Denied. Defendant is without sufficient information to respond to this averment. 2. Admitted. 3. Denied. The averments contained in Paragraph 3 are conclusions of law to which no response is required. The documents referred to in Paragraph 3 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 4. Denied. The averments contained in Paragraph 4 are conclusions of law to which no response is required. The documents referred to in Paragraph 4 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 5. Denied. The averments contained in Paragraph 5 are conclusions of law to which no response is required. The documents referred to in Paragraph 5 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 6. Denied. The averments contained in Paragraph 6 are conclusions of law to which no response is required. The documents referred to in Paragraph 6 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 7. Denied. The averments contained in Paragraph 7 are conclusions of law to which no response is required. The documents referred to in Paragraph 7 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 8. Denied. The averments contained in Paragraph 8 are conclusions of law to which no response is required. The documents referred to in Paragraph 8 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 9. Denied. Defendant has no record of a payment from September 12, 2008. Strict proof is demanded. 10. Denied. The averments contained in Paragraph 10 are conclusions of law to which no response is required. Strict proof is demanded at the time of trial. 11. Denied. The averments contained in Paragraph 11 are conclusions of law to which no response is required. The documents referred to in Paragraph 11 speak for themselves and any interpretational gloss placed thereon by the Plaintiff is strictly denied. Strict proof is demanded at the time of trial. 12. Denied. The averments contained in Paragraph 12 are conclusions of law to which no response is required. Strict proof is demanded at the time of trial. NEW MATTER 13. Defendant incorporates the responses to paragraphs 1- 12 herein as though they were set forth in their entirety. 14. Plaintiff has failed to provide a true and correct accounting of the total due and owing. 15. Plaintiff has failed to attach a copy of any document wherein the Defendant requested the account be opened. 16. Plaintiff has failed to set a claim upon which relief may be granted. 17. Plaintiff has failed to join an indispensable party. 18. Plaintiff has failed to attach the requisite assignment of their interest in this matter. 19. Plaintiff has failed to mitigate their damages, if any. 20. Plaintiff's claim for recoverable damages is contrary to the law of the Commonwealth of Pennsylvania. 21. Plaintiff may be barred in whole or in part by the applicable Statute of Limitations. 22. Plaintiff may be barred in whole or in part by the principle of res judicata. 23. Plaintiff's causes of action may be barred in whole or in part by the Statute of Frauds. 24. Plaintiff's causes of action may be barred in whole or in part by Parole Evidence Rule. 25. Plaintiff's claim(s) may be barred by the doctrine of estoppel, waiver and/or laches. 26. Plaintiff's claim(s) may be barred by the Principles of Accord and Satisfaction. 27. Plaintiff's claim(s) may be barred by the doctrine of payment/release. 28. Plaintiff's claim(s) may be barred in whole or in part by the doctrine of economic loss. 29. Any injuries and/or damages claimed by the Plaintiff, if proven, were caused by persons other than Answering Defendant and not within the control of Answering Defendant. 30. At all material times hereto Answering Defendant acted reasonably, appropriately and caused no injuries or damage to Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. Respectfully submitted, L I RUSSO, P.C. Peter . usso, Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG BENCH DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED VERIFICATION I, CRAIG BENCH hereby state that the statements made in the foregoing Answer and New Matter to Plaintiff's Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Craig Hench Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : CIVIL ACTION - LAW CRAIG HENCH DEFENDANT NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Answer and New Matter to Plaintiff's Amended Complaint upon the following persons, in the manner indicated: OVERNIGHT MAIL via UPS Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley alcolm, Paralegal Date: Tuesday, November 23, 2010 Our file No.: 232067 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB Plaintiff, VS. CRAIG HENCH Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, AMERICAN EXPRESS BANK, FSB, by and through their attorney, answers the following New Matter: 13. No responsive pleading is required. 14. Denied. Plaintiffs Complaint is a writing which speaks for itself. 15. Denied. Plaintiffs Complaint is a writing which speaks for itself. 16. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant 17. Denied. All injuries and damages to the Plaintiff were caused in whole by the Defendant. 18. Denied. Plaintiff is the original creditor. 19. Denied. Plaintiff has not breached its Duty to Mitigate. - -OFFICE 2010 DEC 10 PM 1: 11 CUMBERLAND COUNT`' PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-7570 CIVIL TERM 20. Denied. Plaintiff's claim is not barred by Illegality. l 21. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 22. Denied. Plaintiff's claim is not barred by the Doctrine of Res Judicata. 23. Denied. Plaintiffs claim is not barred by the Statute of Frauds. 24. Denied. Plaintiff's claim is not barred by the Parole Evidence Rule. 25. Denied. Plaintiffs claim is not barred by the Doctrine of Estoppel, Waiver and/or Laches. 26. Denied. Plaintiffs claim is not barred by the Doctrine of Accord and Satisfaction. 27. Denied. Plaintiffs claim is not barred by the Doctrine of Payment/Release. 28. Denied. Plaintiff's claim is not barred by the Doctrine of Economic Loss. 29. Denied. All injuries and damages to the Plaintiff were caused in whole by the Defendant. 30. Denied. Defendant owes the amount claimed in the Complaint. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Fire Engaged in Debt Collection BY: W. Felzer, Esquire DATED: December 7, 2010 VERIFICATION Jordan W. Felzer. Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. W. Felzer, Esquire y for Plaintiff DATE: December 7, 2010 Our file No.: 232067 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB VS. CRAIG HENCH Plaintiff, Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-7570 CIVIL TERM Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on December 7, 2010, I mailed a copy of the Answer to New Matter by Regular mail to PETER RUSSO, ESQUIRE 5006 E TRINDLE RD STE 100 MECHANICSBURG, PA 17050 Jor W. Felzer, Esquire Att ey for Plaintiff Date: December 7, 2010 . C-) C o -- C c-O?t3W :r " o LAW OFFICES OF PETER J. RUSSO, P.C. ? -< tv w © ATTORNEYS FOR DEFENDANT z6:1 -a a^n 5006 EAST TRINDLE ROAD, SUITE 100 3 Zn C) m MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE u' -< (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CIVIL ACTION - LAW CRAIG HENCH NO. 09-7570 CIVIL TERM DEFENDANT JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY The Defendant, Craig Hench, by his attorney, Law Offices of Peter J. Russo, P.C., files this Motion to Compel Discovery, and in support thereof represents that: 1. Defendant's First Set of Production of Documents, Defendant's First Set of Interrogatories and Defendant's Contention Interrogatories were duly served simultaneously on Plaintiff s Attorney on November 23, 2010. A true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 2. Defendant filed a Notice of Service of Interrogatories, Production of Documents and Contention Interrogatories on November 23, 2010. A true and correct copy of which is attached hereto, marked as Exhibit "B" and made a part hereof 3. On February 14, 2011, Plaintiff, by and through their counsel, responded to Counsel's -2- discovery requests and lodged objection to several production of documents. A true and correct copy of their responses are attached hereto marked Exhibit "C" and made a part hereof. 4. Specifically Plaintiff responded as follows: a. Production of Document #5 requested any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses which the Plaintiff objects as this request is overly broad and unduly burdensome and this request as it seeks to discover documentation that is subject to the attorney-client privilege; that is work product; that is of a confidential and proprietary nature to the Plaintiff. b. Production of Document #6 asks for all exhibits Defendant intends to use for trial. Plaintiff objects as this request is overly broad and unduly burdensome. c. Production of Document #7 asks for copies of the Cardmember's original and all subsequent applications. Plaintiff objects that the request is not relevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the Defendant's liability for the debt that forms the basis of this action. d. Production of Document #9 sought copies of all documents relating to the "charged off' as related to Defendant's account. Plaintiff states that this question is unanswerable in its present form. e. Production of Document #11 requested copies of all credit card authorization records relating the alleged purchases which represent the outstanding balance of $33,354.57. Plaintiff refers to attached information stating that as discovery is continuing, -3- Plaintiff reserves the right to amend or supplement this response if and upon discovering additional information responsive to this request. f. Production of Document #12 requested a copy of all Schumer Box (also known as Summary Box, Transparency Box, Clarity Box, Consumer Box and Honesty Box) disclosures provided to Defendant. Plaintiff failed to answer the interrogatory or object. g. Production of Document #13 requested copies of any and all assignments of the Defendant's credit card account. Plaintiff failed to answer the interrogatory or object. h. Production of Document #14 requested copies of any and all assignments of the Defendant's collection account. Plaintiff failed to answer the interrogatory or object. 5. Plaintiff has also failed to answer all of Defendant's Interrogatories and Defendant's Contention Interrogatories within the 30 days pursuant to Rules 4006 of the Pennsylvania Rules of Civil Procedure. 6. Plaintiff should be compelled to respond to Defendant's discovery requests. 7. The following judge was previously assigned to this case and any related cases: a. The Honorable Albert H. Masland in the Civil Case; 8. A copy of this Motion was provided to Plaintiff's Attorney and on March 22, 2011 and he does/does not concur with our request. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiff to comply with Defendant's discovery requests within fourteen (14) days of the date of the Order to be entered pursuant to this Motion. -4- Respectfully submi E t-, 1- C S O ER I RUSSO, P.C. Peter J. Russo, Esc Trice Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: Tuesday, March 22, 2011 -5- EXHIBIT A LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso®pjrlaw.com AMERICAN EXPRESS BANK, FSB Attorneys for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : CIVIL ACTION - LAW CRAIG HENCH NO. 09-7570 CIVIL TERM DEFENDANT : JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF (First Set) TO: AMERICAN EXPRESS BANK, FSB c/o BENJAMIN J. CAVALLARO, ESQUIRE Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 The Defendant, hereby serves upon the Plaintiff written request to produce documents to a party pursuant to Pa.R.C.P. 4009 to be answered by the Plaintiff in writing and under oath. These Requests shall be deemed continuing so as to require supplemental answers should Plaintiff obtain additional information which is responsive to these requests. The Plaintiff shall file and serve a copy of the Answers within thirty (30) days after the service of the Interrogatories to the Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: A. "Documents" is an all-inclusive term referring to any writing and/or recorded graphic matter, however produced or reproduced. The term documents includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, and all other such documents tangible or retrievable of any kind. Documents also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, e-mail, diskette, CD-Rom or other form. B. With respect to documents, the term "idento" means to give the date, title, author and addressee; identify with respect to documents further means: (1) to describe a document sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; (3) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. C. "Iden*" when used in reference to an individual means: (1) to state his/her full name; (2) present residence address or last known residence; (3) present or last known business address; (4) present employer or last known employer; (5) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. D. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. E. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof, and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. F. No answer is to be left blank. If the answer to an Interrogatory or subparagraph of an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of the privilege is to be stated. G. "Defendant" refers to CRAIG BENCH and/or agents or representatives acting on Defendant's behalf. H. TWnW1 refers to AMERICAN EXPRESS BANK, FSB and/or agents or representatives acting on Plaintiffs behalf. DOCUMENT REQUESTS 1. All documents identified or requested to be identified in Defendant's Interrogatories to Plaintiff. 2. All documents that Plaintiff may use at trial of this action, whether or not a determination has been made to use the document as an exhibit. 3. Any and all other documents not previously included, which you reviewed, relied upon, referred to, identified or referenced in any and all of Defendant's discovery responses. 4. Any and all emails, correspondence, statements, recorded or written, signed or unsigned, concerning this action from all collection efforts on this account which are not privileged from the parties herein, or their respective agents, servants or employees. 5. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 6. All exhibits Defendant intends to use for trial. 7. Copies of the Cardmembees original and all subsequent applications. 8. Copies of all Cardmember's agreements applicable to Defendant since 1980. 9. Copies of all documents relating to the "charged off' as related to Defendant's account. 10. Copies of all credit card statements which detail the alleged purchases which represent the outstanding balance of $33,354.57. 11. Copies of all credit card authorization records relating the alleged purchases which represent the outstanding balance of $33,354.57. 12. Copy of all Schumer Box (also known as Summary Box, Transparency Box, Clarity Box, Consumer Box and Honesty Box) disclosures provided to Defendant. 13. Copies of any and all assignments of the Defendant's credit card account. 14. Copies of any and all assignments of the Defendant's collection account. Respectfully submiued, Peter J. Russo Date: November 23, 2010 AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG HENCH DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by OVERNIGHT MAIL via UPS and Addressed as follows: BENJAMIN J. CAVALLARO, ESQUIRE Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Peter J. Russo Date: November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Peter J. Russo, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile. (717) 591-1756 Email: prvsso ftftlaw.com AMERICAN KXPRESS BANK, FSB COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V, CRAIG BENCH : CIVIL ACTION - LAW : NO. 09-7570 CIVIL TERM DEFENDANT : JURY TRIAL DEMANDED REQUESTS FOR ADMISSIONS ADDRESSED TO PLAIIVTip? (First Set) TO: AMERICAN EXPRESS BANK, FSB c/o BENJAMIN J. CAVALLARO, ESQUE&E Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 PLEASE TAKE NOTICE that Plaintiff is hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath to the following Contention Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. These Contention Interrogatories shall be deemed continuing. If between the time of your Answers and the time of trial of this case, you or anyone acing on your behalf, learn of any further information not contained in your Answers, you shall promptly furnish this information to the undersigned by Supplemental Answers. Unless negated by the context of the Contention Interrogatory, the following definitions are to be considered to be applicable to all Contention Interrogatories contained herein: A. "Documents" is an all-inclusive tern referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term documents includes, without limitation, correspondence, memoranda, interoffice communication, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, and all other such documents tangible or retrievable of any kind. Documents also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonographs records, or other form. B. With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (1) to describe the document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; and (3) to give the name, address, position or title of the custodian of the document and/or copies thereof. C. "Identify" when used in reference to an individual means to set forth such individuals: (1) full name; (2) present residence address or last known residence; (3) present or last known business address; (4) present employer or last known employer, and (5) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. D. Whenever the expression "ardor" is used in these Contention Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. E. Whenever a date, amount or other computation or figure is requested, the exact date, amount of other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. F. No answer is to be left blank. If the answer to a Contention Interrogatory or subparagraph of a Contention Interrogatory is "none" or "unknown," such statement must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of the privilege is to be stated. G. "Defendant" refers to CRAIG HENCH and/or agents or representatives acting on Defendant's behalf. H. "Plaintiff" refers to AMERICAN EXPRESS BANK. FSB and/or agents or representatives acting on Plaintiffs behalf. I. "You" shall mean the party to whom these Contention Interrogatories are addressed. Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, Plaintiffs hereby requests that Plaintiff admit, for the purposes of the above-captioned pending action only, the facts set forth in these Requests of Admissions. To the extent that Plaintiff fails to admit unequivocally each Request for Admission, it is required to provide answers to the following Interrogatories within 30 days. Further, to the extent that Plaintiff is in possession of documents that support its denials, it is required to produce true and correct copies of those documents within 30 days. Should Plaintiffs responses not be provided within 30 days, they are deemed admitted. Further, pursuant to Rule 4014(b) and (c), if your answers to these requests do not fairly meet the substance of each Request for Admission, they may be deemed admitted. CONTENTION INTERROGATORY #1 1. With regard to the following: "American Express Bank, FSB was incorporated in 2000 and first doing business with the.general public in 2004." please state the following: (a) each and every fact that Plaintiff rely upon to deny this allegation: (b) each and every document that Plaintiff rely upon to deny this allegation: (c) each and every witness that Plaintiff rely upon to deny this allegation. REQUFST FOR ADNIIMON #1 1. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to deny that allegation. CONTENTION INTERROGATORY #2 2. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 3 that "Defendant applied for, received and used a credit account issued by AMERICAN EXPRESS BANK, FSB, account number ending in 2007 ("Account'), pursuant to a written agreement in effect at all times relevant herein." please state the following: (a) each and every fact that Plaintiff rely upon to establish this allegation: (b) each and every document that Plaintiff rely upon to establish this allegation: (c) each and every witness that Plaintiff rely upon to establish this allegation. REQUEST FOR ADMISSION 42 2. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to prove that allegation. CONTENTION INTERROGATORY #3 3. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 4 that "The Cardmember Agreement for the Account is attached hereto and incorporated by reference herein" and is in fact the controlling document, please state the following : (a) each and every fact that Plaintiff rely upon to establish this allegation: (b) each and every document that Plaintiff rely upon to establish this allegation: (c) each and every wetness that Plaintiff rely upon to establish this allegation. REQUEST FOR ADMISSION #3 I If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to prove that allegation. CONTENTION INTERROGATORY #4 4. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 5 that "Under the terms of the contract, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers" please state the following: (a) each and every fact that Plaintiff rely upon to establish this allegation: (b) each and every document that Plaintiff rely upon to establish this allegation: (c) each and every witness that Plaintiff rely upon to establish this allegation. REQUEST FOR ADMISSION #4 4. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to prove that allegation. CONTENTION INTERROGATORY #5 5. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 6 that 'Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable' please state the following: (a) each and every fact that Plaintiff rely upon to establish this allegation: (b) each and every document that Plaintiff rely upon to establish this allegation: (c) each and every witness that Plaintiff rely upon to establish this allegation. REQUEST FOR ADMISSION #5 5. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to prove that allegation. CONTENTION INTERROGATORY #6 6. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 7 that "Defendant's use of the Account in the manner described above constituted acceptance of the terms of the agreement" please state the following: (a) each and every fact that Plaintiff rely upon to establish this allegation: (b) each and every document that Plaintiff rely upon to establish this allegation: (c) each and every witness that Plaintiff rely upon to establish this allegation. REQUEST FOR ADMISSION #6 6. H Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to prove that allegation. CONTENTION INTERROGATORY #7 7. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 7 that "Defendant defaulted under the terms of the agreement by failing and refusing to make timely payments on the Account, although demand was made for same" please state the following: (a) each and every fact that Plaintiff rely upon to refute this allegation: (b) each and every document that Plaintiff rely upon to refute this allegation: (c) each and every witness that Plaintiff rely upon to refute this allegation. REQUEST FOR ADMISSION #7 7. If Plaintiff fails to answer the foregoing contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to refute that allegation. CONTENTION INTERROGATORY #8 8. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 9 that "The last payment on the Account was recorded on or about September 12, 2008" please state the following: (a) each and every fact that Plaintiff rely upon to refute this allegation: (b) each and every document that Plaintiff rely upon to refute this allegation: (c) each and every witness that Plaintiff rely upon to refute this allegation. REQUEST FOR ADMISSION #9 8. N Plaintiff fails to answer the foregoing. Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to refute that allegation. CONTENTION INTERROGATORY" 9. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 10 that "The Account was charged off on or about May 13. 2009 with an outstanding balance of $33,354.57" please state the following: (a) each and every fact that Plaintiff rely upon to refute this allegation: (b) each and every document that Plaintiff rely upon to refute this allegation (c) each and every witness that Plaintiff rely upon to refute this allegation. REQUEST FOR ADMISSION #9 9. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to refute that allegation. CONTENTION INTERROGATORY #10 10. With regard to Plaintiffs allegation contained in Plaintiffs Amended Complaint Paragraph 12 that "Plaintiff has suffered monetary damages in the amount of $33,354.57" please state the following: (a) each and every fact that Plaintiff rely upon to refute this allegation: (b) each and every document that Plaintiff rely upon to refute this allegation: (c) each and every witness that Plaintiff rely upon to refute this allegation. REQUEST FOR ADMISSION #10 10. If Plaintiff fails to answer the foregoing Contention Interrogatory, or any subparagraph thereof, pursuant to Pennsylvania Rule of Civil Procedure 4014, Defendant admits that they have no fact, document or witness to refute that allegation. Respectfully submitted, Peter J. Russo Date: November 23, 2010 AMERICAN EXPRESS BANK, FSB PLAINTIFF V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CRAIG HENCH DEFENDANT lvv. WY-737v ULYM -rSAM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by OVERNIGHT MAIL via UPS and Addressed as follows: BENJAMIN J. CAVALLARO, ESQUIRE Apothalter & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Peter so Date: November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court M: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prussollltpjrlaw.com AMERICAN EXPRESS BANK, FSB Attorneys for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CRAIG HENCH DEFENDANT CIVIL ACTION - LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED (Furl Set) TO: AMERICAN WGRESS BANK, FSB do BENJAMIN J. CAVALLARO, ESQUIRE Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 00054 The Defendant, Craig Hench, hereby serves upon the Plaintiff Interrogatories to a party pursuant to Pennsylvania Rules of Civil Procedure to be answered by the Plaintiff in writing and under oath. These Interrogatories shall be deemed continuing so as to require supplemental answers should Plaintiff obtain additional information which is responsive to these interrogatories. The Answers to the Interrogatories shall be inserted in the spaces provided in the Interrogatories. If there is insufficient space to answer the Interrogatories, the remainder of the Answer shall be supplied on a supplemental sheet. The Plaintiff shall file and serve a copy of the Answers within thirty (30) days after the service of the Interrogatories to the Law Offices of Peter J. Russo, P.C., 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050. DEF OTIONS AND INSTRUCTIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: A. "Documents' is an all-inclusive term referring to any writing and/or recorded graphic matter, however produced or reproduced. The term documents includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, and all other such documents tangible or retrievable of any kind. Documents also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, an paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, e-mail, diskette, CD-Rom or other form. B. With respect to documents, the term Identom means to give the date, title, author and addressee; identify with respect to documents further means: (1) to describe a document sufficiently well to enable the Interrogator to know what such document is and to retrieve it from a file or whenever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; (3) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. C. "Idene" when used in reference to an individual means: (1) to state his/her full name; (2) present residence address or last known residence; (3) present or last known business address; (4) present employer or last known employer, (5) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. D. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. 1:. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate. thereof, and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. F. No answer is to be left blank. If the answer to an Interrogatory or subparagraph of an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "NIA" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of the privilege is to be stated. G. VrfmdW" refers to CRAIG HENCH and/or agents or representatives acting on Defendant's behalf. H. "Plaint{," refers to AMERICAN EXPRESS BANK, FSB and/or agents or representatives acting on Plaintiffs behalf. IIV1' OGATORIES tFIItST SETT 1. Please state the full name and address of all individuals providing information for the responses to these Interrogatories. 2. Identify any and all exhibits the Plaintiff intends to introduce at trial. 3. Identify all wig Plaintiff intends to introduce at trial, providing: a. Full Name; b. Address; c. Relationship to Plaintiff; d. Substance of the witness' expected testimony. 4. Identify all purchases and/or cash advances which constitute the amount claimed due by the Plaintiff. a. Please identify which of the transactions on the were point of sale transactions and which were "card not present transactions." 5. State with particularity the factual basis for each claim or defense you are asserting in this case. 6. Please state when Plaintiff applied to open an account with the Plaintiff. 7. Please explain what "charged off' an account means. 8. Did Plaintiff issue any type.of document to Defendant when plaintiff "charged off" the account. 9. Please identify who creates the credit card statements like the one attached to Plaintiff's Amended Complaint. 10. Please identify how the Plaintiff stores the following records: a. Cardmember agreements b. Copies of purchase information c. Copies of credit card statements 11. Please identify all persons who have ever attempted to collect this alleged debt from the Defendant. 12. Please identify all steps taken by any person or entity on behalf of Plaintiff to attempt to collect this alleged debt from the Defendant. 13. Identify who Maria Vazquez is. 14. When did the Plaintiff commence business operations. 15. Was the Plaintiff the successor to another company, if so identify all such predecessors. Respectfully submitted, Peter J. Russo Date: November 23, 2010 AMERICAN EXPRESS BANK, FSB PLAINTIFF CRAIG HENCH V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT l l V IL A1:11UN - LAW : NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by OVERNIGHT MAIL, via UPS and Addressed as follows: BENJAMIN J. CAVAL LARO, ESQUIRE Apothaker & Associates, P.C. 520 Fellowship Road, 0306 Mount Laurel, NJ 08054 CE I i Peter J. Russo Date: November 23, 2010 EXHIBIT B AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW CRAIG HENCH DEFENDANT TO: THE PROTHONOTARY NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED This is to certify that on this day, 1. Peter J. Russo, did serve a copy of DEFENDANT'S INTERROGATORIES, REQUEST FOR PRODUCTIONcOF , o DOCUMENTS and CONTENTION RWIZRROGATORIES C a a -n --t CS rs- to Plaintiff, American Express Bank, FSB, through its counsel of t+ocot+d, Benda av?areo l Wi l Esquire, by depositing a copy of same with the UPS, which was addressed as follows.ez. M c American Express Bank, FSB M 0 M do Begiamin J. Cavatlaro, Esquire w om Apothaker & Associates, P.C. o 520 Fellowship Road, C306 -< Mount Laurel, NJ 08054 Respectfully submitted, ES•dP` R J. RUSSO, P.C. Peter J. Russo, u Attorney ID No. 72997 Elizabeth J. Saylor, Esquire Attorney M No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: Tuesday, November 23, 2010 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. CIVIL ACTION - LAW CRAIG HENCH DEFENDANT NO. 09-7570 CIVIL TERM : JURY TRIAL DEMANDED 4! A? I hereby certify that I have on this day served a true and correct copy of the foregoing document upon the following persons, in the manner Indicated: OVERNIGHT MAIL. via UPS Benjamin L Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant B Peter J. Russo Date: Tuesday, November 23, 2010 EXHIBIT C Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) Plaintiff ) VS. } CRAIG HENCH ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-7570 CIVIL TERM Civil Action PLAINTIFF'S RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. All documents identified or requested to be identified in defendant's Interrogatories to Plaintiff. Answer: See attached. 2. All documents that Plaintiff may use at trial of this action, whether or not a determination has been made to use the document as an exhibit. Answer: Plaintiff has not yet determined what documents will be used at the time of this trial. 3. Any and all other documents not previously included, which you reviewed, relied upon, referred to, identified or referenced in any and all of Defendant's discovery responses. Answer: Plaintiff objects as this request is overly broad and unduly burdensome. 4. Any and all emails, correspondence, statements, recorded or written, signed or unsigned, concerning this action from all collection efforts on this account which arc not privileged from the parties herein, or their respective agents, servants or employees. Answer: Plaintiff objects as this request is overly broad and unduly burdensome. 5. Any and all documents containing the names and home and business addresses of al individuals contacted as potential witnesses. Answer: Plaintiff objects as this request is overly broad and unduly burdensome and this request as it seeks to discover documentation that is subject to the attorney-client privilege; that is work product; that is of a confidential and proprietary nature to the Plaintiff. 6. All exhibits Defendant intends to use for trial. Answer: Plaintiff objects as this request is overly broad and unduly burdensome. 7. Copies of the Cardmember's original and all subsequent applications. Answer: Objection, the request is not relevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the Defendant's liability for the debt that forms the basis of this action. 8. Copies of all Cardmember's agreements applicable to Defendant since 1980. Answer: See attached. 9. Copies of al I documents relating to the "charged off" as related to Defendant's account. Answer: This question in unanswerable in its present form. 10. Copies of all credit card statements which detail the alleged purchases which represent the outstanding balance of $33,354.57. Answer: See attached. As discovery is continuing, Plaintiff reserves the right to amend or supplement this response if and upon discovering additional information responsive to this request. 11. Copies of all credit card authorization records relating the alleged purchases which represent the outstanding balance of $33,354.57. Answer: See attached. As discovery is continuing, Plaintiff reserves the right to amend or supplement this response if and upon discovering additional information responsive to this request. 12. Copy of all Schumer Box (also known as Summary Box, Transparency Box, Clarity Box, Consumer Box and Honesty Box) disclosures provided to Defendant. Answer: 13. Copies of any and all assignments of the Defendant's credit card account. Answer: N/A 14. Copies of any and all assignments of the Defendant's collection account. Answer: N/A APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Finn Engage in Debt Collection BY: i erl F. Scian, Esquire Dated: February 14, 2011 AMERICAN EXPRESS BANK, FSB PLAINTIFF V. CRAIG HENCH DEFENDANT : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7570 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing Motion to Compel upon the Attorneys for Plaintiff by mailing same by first class mail, postage prepaid, addressed as follows: Benjamin J. Cavallaro, Esquire Apothaker & Associates, PC 520 Fellowship Road C306 Mount Laurel, PA 08054 ?• DATE: 3 - 23- k 1 Ashley R alcolm, Para egal -6- AMERICAN EXPRESS BANK, FSB, PLAINTIFF V. CRAIG HENCH, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -r; x = = -urn 09-7570 CIVIL TERM cQ -o ? i ORDER OF COURT 7v c-) za day of March, 2011, a Rule is issuA oldV, plaintiff to show cause why the relief requested should not be granted. Rule returnable within fourteen (14) days of service. By the Court, r-- Albert H. Masland, J. /Benjamin J. Cavallaro, Esquire / For Plaintiff OOPi65, `? Peter J. Russo, Esq q HOL, uire q lt For Defendant ?a oK 6 saa AMERICAN EXPRESS BANK, FSB, PLAINTIFF V. CRAIG HENCH, DEFENDANT IN THE COURT OF COMMON P 0 , CUMBERLAND COUNTY,, PE YL?'AT mco MM 3:0. -0 M- r Q ,- ---4 cD >n 09-7570 CIVIL TERM -zs ; °-6 8F) ,. ,ern ORDER OF COURT -- . cv AND NOW, this v day of April, 2011, upon review of defendant's motion to compel discovery, plaintiffs brief in opposition to said discovery, and defense counsel's request for a discovery conference, the court directs counsel to appear in chambers on Tuesday, May 10, 2011, at 8:45 a.m. for a discovery conference. By the Court, Albert H. Masland, . Benjamin J. Cavallaro, Esquire .,Kimberly F. Scian, Esquire For Plaintiff C? ? ? 11 Peter J. Russo, Esquire ' OKn For Defendant saa .j Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB Plaintiff vs. CRAIG HENCH Defendant CIVIL ACTION I^ ILLD-0 O T fib PF?,)T ,- 'GI i MAY --2 P11 2: c 3 CUMBERLAND CCu,I IY PENNSYLVANIA No. 09-7570 CIVIL TERM MOTION FOR CONTINUANCE 1. Plaintiff brings this action to collect monies due for goods, credit and/or services purchased and/or received by defendant. 2. At the request of Defenses counsel, the Court entered and Order dated April 20, 2011 setting a Discovery Conference for May 10, 2011. 3. Counsel for Plaintiff is not available on May 10, 2011 due to previous scheduled commitments. WHEREFORE, Plaintiff respectfully requests that the discovery conference be postponed. APOTHAKE-R & ASSOCIATES, P.C. Alto or Plaintiff By: imberly F. Scian, squire Attorney for Plaintiff Dated: 4/26/11 Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) Plaintiff ) VS. ) CRAIG HENCH CIVIL ACTION No. 09-7570 CIVIL TERM Defendant ) CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on April 26, 2011, I mailed and faxed a copy of the Motion to: PETER RUSSO, Esquire 5006 E TRINDLE RD STE 100 MECHANICSBURG, PA 17050 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plai iff Ki b ly F. Scian, Esquire Dated: 4/26/11 AMERICAN EXPRESS BANK, FSB, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG HENCH, rn Co M DEFENDANT 09-7570 CIVIL TERM, r- ?3> w o OF COURT ORDER AND NOW, this r' day of June, 2011, after a disco r ° ? conference with counsel we direct defendant's counsel to submit to plaintiffs`tounsel-9 list of interrogatories, the answers of which the defendant claims are not full and complete. After discussion between counsel, if there are any remaining answers to interrogatories which defendant claims are still not full and complete, counsel shall submit the same to the court for a determination as to whether further compulsion is necessary. By the Court, Albert H. Masland, Jordan Felzer, Esquire For Plaintiff Peter J. Russo, Esquire For Defendant ooPles Madt6 AKB :saa AMERICAN EXPRESS BANK, FSB, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG HENCH, DEFENDANT : 09-7570 CIVIL TERM ORDER OF COURT AND NOW, this ?9 day of March, 2011, after a review of Defendant's interrogatories and Plaintiffs responses thereto, the court finds them lacking, and therefore direct Plaintiff to provide full and complete responses to the following interrogatories: 1, 4, 2, 3, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17, and 18. By the Court, Albert H. Masland, J. Y' Benjamin J. Cavallaro, Esquire = - + 520 Fellowship Road C306 T = --- Mount Laurel, NJ 08054 For Plaintiff Peter J. Russo, Esquire 5006 E. Trindle Road Suite 100 _ Mechanicsburg, PA 17050 For Defendant saa f, e 5 the .3-?ql ,2/1 ? LAW OFFICES OF PETER JAUSSOP.c. PETER J. RUSSO, ESQUIRE ASHLEY R. MALCOLM, PARALEGAL ATTORNEYS AT LAW ELIZABETH J. SAYLOR, ESQUIRE DEREK M. STROUPHAUER, PARALEGAL The Honorable Albert H. Masland Cumberland County Courthouse 1 Court House Square Carlisle, PA 17013-3323 Friday, March 16, 2012 RE: AMERICAN EXPRESS v. HENCH NO. 09-7570 -CIVIL TERM Dear Judge Masland: In June of 2011 you issued an Order' in the above captioned matter. Counsel exchanged the initial letter detailing which interrogatories were believed to be incomplete. Plaintiff's counsel then responded in writing with amended responses 2. Defendant's counsel, believing those responses still to be incomplete, faxed Plaintiff's counsel asking them to review their responses and provide more complete responses. Plaintiff has filed for the Appointment of Arbitrators and the discovery issue remains unresolved, therefore pursuant to your June, 2011 Order, I am requesting you to review the completeness of Plaintiff's responses to the following: Interrogatory # 1 and 4 In response to Defendant's request for trial exhibits, Plaintiff replies that all documents previously produced will be introduced. However, Defendant seeks to supplement should additional documents become avaiiabie. While Plaintiff has expressed a reliance on Pa.R.C.P. 1035, the rule was not enacted to permit parties to avoid their obligations in discovery. Interrogatory 4 2 In response to Defendant's request for correspondence, etc. regarding collection efforts, Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant disagrees with that assessment. The referenced Order is attached. z A copy of Plaintiff s August 18, 2011 letter is also attached. 5006 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 Page 2 of 4 Judge Albert H. Masland American Express v. Hench NO. 09-7570 - CIVIL TERM Interrogatory # 3 In response to Defendant's request for names and contact information of witnesses, Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Additionally Plaintiff states they will be calling a yet to be determined representative. Defendant disagrees with that assessment and is entitled to depose the Plaintiff's representative prior to arbitration or trial. Interrogatory # 6 In response to Defendant's request for information regarding the "charging off," Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. This information is an integral part of the mitigation of damages defense. Interrogatory # 7 In response to Defendant's request for Shumer disclosures, Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Defendant disagrees with that the disclosure of this information is integral to full develop of Defendant's case. Interrogatory # 9 In response to Defendant's request for the name and contact information for the person who provided the responses to discovery, Plaintiff has failed to provide that information. Defendant disagrees with that assessment and is entitled to depose the individual who provided the discovery responses. Interrogator In response to Defendant's request for information regarding whether each transaction was completed with the credit card in person or not, Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Plaintiff defers to the statements already provided. Defendant disagrees with Plaintiffs assessment particularly in light of the limited statements provided by the Plaintiff. Interrogatory # 11 In response to Defendant's request as to whether Plaintiff issued any document when Plaintiff "charged off' Defendant's account, Plaintiff replies the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. This information is an integral part of the mitigation of damages defense. Page 3 of 4 Judge Albert H. Masland American Express v. Hench NO. 09-7570 - CIVIL TERM Interrogatory # 13 In response to Defendant's request as to how records are stored, Plaintiff replies the request is confidential, proprietary, overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. This request is integral particularly in light of the balance of Plaintiff's responses and the possibility of spoliation of evidence issues. Interrogatory # 14 In response to Defendant's request to identify all persons who have attempted to collect this debt, Plaintiff replies the request is confidential, proprietary, overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. This information is an integral part of the mitigation of damages defense. Interrogatory # 15 In response to Defendant's request to identify all steps taken to collect this debt, Plaintiff replies the request is confidential, proprietary, overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. This information is an integral part of the mitigation of damages defense. Interrogatory # 16 In response to Defendant's request to identify Maria Vazquez, Plaintiff failed to provide the information regarding contact information for Ms. Vazquez as set forth in the definitions of the Interrogatories. Plaintiff simply replies, in essence, the writing speaks for itself. Interrogatory # 17 In response to Defendant's request to identify when Plaintiff began its business operations, Plaintiff fails to answer asserting the information is public record. Interrogatory In response to Defendant's regi?est to identify whether Plaintiff was the successor to another company, Plaintiff asserts the request is overly broad, unduly burdensome and seeks information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff also claims that it is the original creditor and therefore the request is not relevant. Defendant disagrees with that the disclosure of this information is integral to full develop of Defendant's case. Defendant believes the Plaintiff should either be precluded from offering witnesses or evidence which is outside the scope of the information already contained within their discovery responses, without an opportunity to supplement the same or permit Plaintiff to supplement their responses, while also providing Defendant an opportunity to submit Requests for Admissions of the Plaintiff in connection to their discovery requests. Page 4 of 4 Judge Albert H. Masland American Express v. Hench NO. 09-7570 - CIVIL TERM Counsel looks forward to your resolution to the issues before the Court. Should you have any questions or concerns, please feel free to contact me via email at prusso(a-)pirlaw.com or by telephone at (717) 591-1755 extension 102 or my paralegal, Ashley Malcolm via email at amalcolm(cuirlaw.com or by telephone at (717) 591-1755 extension 103. '( ry trey yo ,--? -z Peter J. Russo, Esqu cc: Benjamin J. Cavallaro, Esquire without enclosures Craig Hench PJR/arm -1 -1 1 1. V 1 1 1 La V 1 V• -1 r. nn J .laga;iM IN, 20 1. PL -I I I< tit NNO) l:SQ 110", I_A (31 1 1C'I: OF 1'1:- 1 4 ,l lli JSS,0, 1':C.;. 5006 E: TRIND L R-D x,11: 1(10 Z4I t lfl?!t:'SF;tai C:, PA 17050 DOCKETNO.. 094570 CIVIL TERM ()I [Z l'l1 1:.N{} 1120 i7 131 Icm? please talc P1aiino 9 ?i spwism:to Z otu lei. er dat it Jnly 19_20 11 : I . A il,clcic tirir:ins fl at Plain ifr 111' ay use at Ir of this ? tio.nl vdic".hel ()I. not a, d terrninaItion, has beoi made to 1141; the document 'aiS an exhibit: Response: At tr°iatl, l'intrlt naternd:; to introchi a all docunicuts that it has previously produced for tttc Defendant in this action, Fla nt t'f resetwes, the riglit.tci s€ippt€ meat its exhibits staoalb.l a€11<. f6on,al d ieuluaents become qvailable. ?. Any and.. all ICtrra.il4. CM-resp3oack-.n .c. ;4.t?rti?rt., ; :c:_or.' ed or veil! n: , ignell ;o r unsigned concerning .leis a.cttc,r1 i:rom €rll..cotlectxan el'fbos or) this'Icelltuot Which arc 1101 pri` iJgged fronn the partic,; heroin, or their respwive iagunly, survards or employees. itewlwnse: Piaaintift uli,jects as this tequa:st is overb broad and unduly tau€den.s€ime and seeks .i.ltltt3rimation that is ti°I'el!'vant :void not reasonably calculated to lead to the discovery of adjuissihic evidence as it re ates to the I)efuldant's liability., for the debt that forms lire baasis of this action.. Plaintiff hirthcr- objects to the extent the a•equcst Sech-S t(r tlisco)"er info rita,ititr!ri that A: Protected .by I-lie {att€irn-cy7client prii`ilegc and work prod ict € octrine, prepared in anticipation of litigation, or is {it a cttnfideiitial and pr opi idaary nature to the Plaintiff, thereby trude-suret. h Anj.ti' and alit c{l)C.UIiI!;,'ran C;oniutini l > tax Itarllii`1 and home and 1+€r5l is'SS r{?11:I1>?t 4..(il all rrndi ilua.ls c ontac',od as potential witriosses. tResponse; Plaintiff obj cts to this request: i; V agu(-, € ver•lr' broad and unduly butActisoine and seeks iiafurinati.tarr'tl a is irrelevant and not reasonably calculaat€:d to lead to M atiscovery cif aadntissibhl Mileiac .as it cracks, to the Defendant's liability: for the debt that %U V V 1. I V V I i12 i "k llc7wl: I:it? ttwA rVit t.aur 1, ki Ci3f"> ii;i0 672.0240.1:800 S:.,1970 856 7300 J,CX_,Q 856 80. o?of 1:5 634.8920 2.15 ' 3 4 AA2 ..J v V/ i V I V i i 1 L1 V i V• ? V a a-aA I&Jvv.// vv r forays that basis of this aaeticrta.,('l?r?itt [°t fc?? tltc?r objects to tlrevxietit the regi€c st ;w l s to €liseov(,r info r.mation that: is< pinotected by the itttui rx€ ?-i:l..i?rrt<ltx'rtixlel;e and tM1 ork product doctrine, prepared in anticipation of lifigattion. Subject to and, wil:lum-l waivi€a objecti.oils. Plaintiff' states that it will lie calling .t het to he iletc:rnti:necl rt?13re4€ ritaati?/c3 of Plaintiff aloof, with Defendant. Plaintiff restrve5 the right to supplement this rv.,ip nse kit a later date. All ex ihrts.Defc loft r ;tends to use lcrr u`.ial. Resftir.rase. Plaintiff i,: r naivar€#<<as to what documents Defend aut will use of tria l- t•t>Pies ofthe t arch.-DiJ3I bet'.s original inn all -subsoqueni applicitiolls. Response: "T'lre application he ittM eili€:Csts.cl In s been € "Iroyecl pursuant to the stand.ar d: buzz,hiess practice of Plait : 202.12, a creditor unust kmp:applica,tion; for 25 months from the data of iappliottion. After tile Conclusion of'thc 21S Atio rths., it is the sltlttlaar'cl business jl? active of Plaintiff to destroy the application. 'i'he account }liart is the subjvet of this adion was applied for in ` eptc ull €r- of wilds, therefore Ilb.c applic:Fation has been destroyed. 6, t.omx.,, ofall doc,umcnis 1'cla.taig to the 'charge o fl` as related to Def' nc€aiyt.'s 3CC'ou.1Tt.. l'"portse. Plaintiff objects ads :this request. is .overly broad and unduly burcle ngome aitcl seeks information that is wrelevaut:atrttl not teast).mably calculated to lead to the di.s:c€3vcrv of admissible i?vidvnce as it relates to the D(Tvn lartt's li aliilih; for the debt thid. forms the basis €r!` this ac;tiu . Subject to and without waiving said obj' .ction.s, Plaintiff rcf'crs Defendant jtr t.lc? imients previously produced. Phairrtiif reserves the right to suppletuent this rest ous, €' it a later date. 1. C.c In of idl Slt€.rmer BO- (also ni9t)wii as S-En amal v <3c;Y, '['i rfr€sl;? €:€c €luy 133 C'larit Flo) ..; ( o:n,:S;. m Bob amd 1-1onf. sty Box) d.€sc>.losui-es lrrot,-ic(cil tct 1:ael(nj:l mo Response: Plaintiff objects as t:lris ?*€scfuest is overly blload and unduly bus-clera.muc and sacks information than i irrelevant and not rc asona.bly calrutal-ett to lead to the di"'Covet) of admissible. evidence as it relates to the Defc>rid ant's liab liti for the debt that forms the basis o this action. `subject: to sattel without wa hint said obJections, Plaintiff refers Defendant to documents pre- i±ls€sly produced. Plaintiff' reserves the riwlit to soppl€ ment this respo:rrse at -a tatter clak". C tinier c3l';arl and all < sk ??rtzxtc :tt4 of the l) lui?ci:ar7t" Col lec ta<ar. acc?oul.t. Response. This refit€c,st is irrehivati:t as P.Jaintrlf is the original creditor. V V/ i V/ i- V 1 1 1 is V i V• 'y" J i safi 9: .[U Mirnre and aretcl ess of al l: itieliVi(ILktlS f) oviding int' rriation li)r t:1w i'? Soatse to Ul.-' l: tt('rr(')g.U[,)r' S, Response: tlc:sporms ivcrP:pr`cpur'c it with the oss st-ance c:1"ec> insel, utili;riu.g info) chat on Conlin -,d from accout t f, cords getrt?r•a:te d and mli.ntailled by persons witb.. at husin ss thity to record Such infi)rmaati:o)a. E'l:.arratiff'refer-s the Defendant to the verific-ation pages attached to maaintiff"s Responses to D fendaarxt's discovery-. r (1_ ldentiiy, all r irchases sii l'vi u?.51i advances Much constitute the amow-i? claimed duc by the Plaintiff, a. Identify w1aici7 of the tra is autiolis on tl- eit ???erU ? point >fsaie t: -unswini , aiad Nvilicl) wem "c..rcl not 1,3c;sc; ate+tl tr<a, ?<ic;iic?iis." Ijjj V V Y/ V V, Rtsq)oUsc: PInirrtiff e)ltl E:_t? as ttti; request is overly, broad and r:.ndirly b rciwir;iome and st eLs information that is it relevsarrt anel not reasonably Calculated to ltw] to the discover), of admissible cviidelie.:e: as it relates to the D fetidaut's thibilits• for the CIO)t that fc)rrags tht: basis of this action. Subject to axial Without'Waliving Said objections, l'labitif#° r•e+sl3c od"S thlast the statements Previously- priOduced axe documents which speak for themselves arr.d .show arll to sansaac:t:ions wbic•hwE:re ltagtc (l lo tile- acct otartt::, 3 lari.riitil:l° r cset x°es tlac r'i„lit to srtlrlilcaxrcrit this response at .t later date. I 1)i41 1'4 intif.'t issu *, ally type of aocuirae'ra ra_+.I c;Iendw..t: when l'laaimt.`f"chaiged oft' the account. 1`i{i.'til)e)r sct Plaintiff objects acs: this request is overly broard aancl undidy burdensome and :heels` irr.foTinaition that is irrelevant and not reasoeaabiv c;aalcubtled to lead to the discovel1v of admissible evidence as it relates to the Defendant's liability for the debt that forms the basis of this action. n. '?ubicet to and without -waiving), ,;ui l objections, Plainfiffst-sites tat the previously- produced st'at.einent:s ar busl.ine s record r-egulally prertluceatf ley 1'laa?miff citirirt its, norm-M c;omrse of business at .or near the three .of the tr•amaclions reflected thevi-co r., I Icientil, who clv atck? (he:' cT.-cdit car,(] lii,:e tllt, ,)rig: attached to PhJlliiff"s Aniend cl Cot-nplairit. Responsc. Objection, the t equcSt seeks to discover information that is or a acattrida rrl aal. rtrcf lire pric,taar.v maturc to the Plaintiff, thereby to axle-secret-, awl, that is i:rrel,-evaant aara(l rani: r misonaably calculated to lead to thew d scE)ven of mintissibIt, evidence as it relates to the DefendaanCs liability for the debt that forms the basis of this action. I >. Please ?t1C°.Elt1.;lZ' hovq- 111 P.lahltt ' 4tores ttic tt)llowing records: ?a. C aartlrnrrrilx i- aitw=ze.er)iei1t: €). {:top es c:)1 Pram: i<iSc; i:nibi,matiot'c. C opies of, credit: cad .Staai01,11e:iity Re;si-raise: ObJectian, the request seeks to disco ve.i.- informultion that is of a confidential and propr•.ief3r,y nature it) the Plaintiff, thereby traadc; sccrct, and, that is irrelevant and nut reaa:sonaabl .salt:ulartccl to leaacl to he discovery of althnissible evidence as it i°clates to the Defendant's liability foa- d debt that forms they haasis of this action, 14. 1"W ase i(If-Anti ty all persarl s who h..,ve ever ot:t:eraal?lerl to c;ol cc;' l°i s , lejod debt fi-011-I the Defendant. Reslaons : 4)Wertion. This rit'clalr sCis oc-erly broad, unduly btirde'.ns lane, vaa-Ile, «alzlfai?'Uoaas, 11of lirat.itetl in 1:i:lne or '.cope anti i.ll-tlefined. Plaintif'f'.f ether objects to the cNient the rrdlcresst sticks ter. err on a. fishing e xpeldition to disc:oveaz, c: loculuentatloll.. and inf or'.a.raation that is of a confidential and prolarietaar;y% nature to the Plaintiff- and, that Is i:rrelmanat and aot reacsonafaly calculated to lead to the discovery of admissible e;vidernc:e; as it rebates to the Defendant's. liatbility for.theY debt that balms that basi.s:of Pik action. 1 Ploas item. y all tt las taken. by <an:y° r>c 1-Sota car e°nlity fail 1 (1ha.lt'of 1'laitatiffis attempt t,,-) collect dais 1-11lege. deR frot th Ijefen Ant.. Response. . Objection. This request is overly broad. unduirv her dellsolite, vFiunale,-aalnabignou:s, not limited in time orscope and ill-d f mod. Pl:aintifffarther ohieets to the extent the request seek; to go on aa,tishing Cxpedition to discover tlCeti mentattion and infirrmaation that is subject to a attorney-Tclieut privilege; they vvon•l;-prodiict: doctrine tbaat iS of as Confidential and proprietary nature to the Plaintiff; and, that is irrelevant and not reasonably calculated to.lead to the discovery of admissible evidence as it relates to the Defendant's f.iabRit ' fe?r= the debt that forlrms the basis of this cactitira.. fi lcl,:alti-P who Maria Vazquez .is. lte'sponses Objecticjrt. ''his request is irrelevartat and not reasonably c alculaete d to lead to the discovery of admissilale evielenve as it'relaate:s to the l efenclaut's liability fol. the debt that forms.the Vasil; of this action. S.11b.ject: to. 11.11(i Without ivaiving said objection, Ms. Vazquez is, the Assistant Custodian Of Record's.for Plaintiff. l'I:ei.lttiEf larrtlz+r ?.t:.zte? that the Verification paatwe exmited by NI.S. Vazt.latez is A Writing Afaich spealr:s f?or• itself'. W-eaa did the Plaintiff commence busini •ss op •raai:i ins. lteslaonse. Objection, the request is vague, arraabi mms, ill--defied, and Seeks clop rrrltcrlt=t#:i.ull and information that as easily acc.mdble to defa.ndaant: as sa anatter of public record. Plaintiff fiti'ther ob eats as tiles request is ir°t-cltvant and. not rt a.sonanhly t:aletilatteil to lead to the discov er yv ofi:adjulss ble evtcf enc e::.as, it relates to the Defendant's t liability -fiat- the debt that forms the basis of (his action. S. h'u'las the PIait=tat"Cht, SL K; CN,'ciI O cilLo1,11C!, COi.3iaai:i?, t ,so irk°[ttii_Y all •uch plvdeces sons. f$c.sponsc Plaint-iff objecis as this re(Itrest is overly broad anti ar:ndulY hurdonsotile and seeks information that i.s :irrele aa.nt and n.ot reasonably calculated to lead to they discovery rata dro.issible evidence as it relates; to the Defendant's liabifigr for- the debt V U/ i U/ L V i i 1 Lt V L V• J r- 1 Ati that forms the to s s of this actJon Subject to and without naiving said obicetions, Plaintiff $ {("-- that: it 3s the original creditor for the accotint that is flue subject of this a tion. Very I rilly 1, r KimhoilyT, lkjV V V/ vv I f'111.: V V e -1 !. V 1 1 1 LJ V i V• J t L L1t1 Pkinti rfE C.RA1C7 1i1:?NCI.;.E De.f elidant. CAJ NIB COUNTY } NO.: 09--7570 CIVIL, I"F'RM i VERIFICATION hereby States that I gun s c? R i'E:iilltl:fl' in this :tc tac?lt, ?uxci t1? tt I am ?itit io izitl to take this Vi' r.tication, m d 11m the `° atements made in the fore oiagg STIE)iJ1t,i71. ntal dj.. ovcl't- Il are true and C;orrcw t to the best o my kilovvi dgc, inl6rmalion, ,Ctud Ethel'. The tiricicr,- g,nc d cinders t ands Mt the st?att'I it iltS t?i?ic'izi :ru ii1. de s': ltect to the pe Ades of 18 WA S& 4904 rOnling to unstii?orn E'alsifica ion to authirri'Ges. ---- ----- ----- IS4.J V V ! / V V ! Uate<1 ?r F z?,, ?, F f Our File No.: 232067 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff' AMERICAN EXPRESS BANK, FSB Plaintiff vs. CRAIG HENCH Defendant Civil Action PRAECIPE TO WITHDRAW PRAECIPE FOR ARBITRATION TO THE PROTHONOTARY: Kindly withdraw Plaintiff's Praecipe for Arbitration. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Fjma2ed in Debt Collection BY: iL-? _ Benj min J. avallaro, Esquire F CJ ` 17 PH 3: ILAND `EPI[gSYLVANIAR3r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-7570 CIVIL TERM Dated: May 14, 2012