HomeMy WebLinkAbout10-6838SKLAR - MARKIND
' By: Lloyd S. Markind
I.D. No. 52507
102 Browning Lane
Building B, Suite 1
Cherry Hill, NJ 08003
File No.: A1000507
2'1'? C? ?7 PM ?-10
r 1 ERtm", #` f'GUINTY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN EXPRESS CENTURION
BANK
Plaintiff
VS.
ESTRELLA MASSON
Defendant
I -?g3S
:No.
: CIVIL ACTION
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
$61a -? ??
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientas, usted tiene veinte (2) dias de plazo al partir de la fecha de la demanda y
la notificaion. Hace falta asentar una comparencia escrita o en persona o con un abogado y
entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la
demanda en contra sya sin previo aviso o notificaion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede
perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL A LA OFICINA
CUY A DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
Lloyd S. Markind, Esquire (ID#52507)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
FILE NO.: A1000507
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND-PA COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN EXPRESS CENTURION BANK I
c/o SKLAR - MARKIND I No. i Q (o g' 3 ra J.w
102 BROWNING LN BLDG B-1 I /
CHERRY HILL, NJ 08003 I Term
I
Plaintiff(s)
CIVIL ACTION
I
V. I COMPLAINT
I
ESTRELLA MASSON I
1196 KINGSLEY ROAD
CAMP HILL PA 17011
I
Defendant(s)
1. Plaintiff is AMERICAN EXPRESS CENTURION BANK , a corporation engaged in the
business of providing consumer credit.
2. Defendant is ESTRELLA MASSON , adult individual, currently residing at 1196
KINGSLEY ROAD, CAMP HILL PA 17011.
3. Plaintiff provided consumer credit to the Defendant through an American Express credit
card.
4. Defendant agreed to pay for the charges incurred on this credit card as they were billed by
Plaintiff.
5. Defendant is currently in default under the terms of the card member agreement with
Plaintiff.
6. At the time of default, Defendant was and remains indebted to Plaintiff in the amount of
$6,640.84 as reflected on the statement from Plaintiff attached hereto and marked Exhibit "A".
7. Although demand has been made upon Defendant for payment of the balance of $6,640.84,
Defendant has failed and refused to pay same.
WHEREFORE, plaintiff demands judgment against the Defendant in the amount of $6,640.84 together
with interest and costs of this action.
SKLAR
Lloyd S. NVkind, Esquire
Attorney for Plaintiff
(ID#52507)
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
Dated:
I
% VERIFICATION
ASSISTANT OUSTO MM OF REOOWS
. 9 deposes and says that he is authorized to
make this verification on behalf of the plaintiffs and that the facts set forth in the foregoing
pleading are true and correct to the best of his knowledge, information and belief; and that
this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsifications to authorities.
Date: ('° h L to
File No.: A1000507
Exhibit A
Document Name : untitled Masson ? ??? 1 ? -*= 1 ol
?°?o?-
R136-1 14:38:40 RECOVERY MANAGEMENT SYSTEM RAMXAOI 10/01/10
PNDING View Financial Transactions Birthdate.... : 10/29/45
Acct.... Status........ 5L1
CUSTOMER SD Cmkr N Product Type.: OP
Name...: MASSON,ESTRELLA Officer......: 01AMUS
Name 2.: r? Recoverer.... : 5103
Address: 1196 KINGSLEY RD Bal 6640.8 Agncy/Atty ... : 26AH
Address: USA Interest %...:
City...: CAMP HILL PA 17011 Received.....: 8/25/09
Ph(Off) Assigned...... 7/01/10
Date Time Code Description Sys Gen Posted Amount
8/25/09 00:57 10P0l INITIAL RMS BALANCE 6640.84
8/25/09 00:19 lIP01 CURRENT BALANCE/LENDING 6640.84
8/25/09 00:19 1HP01 CURRENT BALANCE/CHARGE
***** END ******
F3 Go Back F13 Dbtr Smmry F14 Slct F15 Vw Bal F16 Invoice F17 Detail
Date: 10/1/2010 Time: 11:42:55 AM
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r-CEIVE
4 C' T 14 2VII 0
L'Ya
E Blue Cash®
x from American Express
Prepared For
ESTRELLA L MASSON
am cash c virtually
everywhere you use the
Card.
Account Number Closing Dale
XXXX-XXXXX3-21005 10/09/09 Page 1 of 2
inc. Now Activity S Minimum
ustments and
Previous Balance S Payment Activity $ Finance harges if any New Balance $ Amount Due $
6,640.84 0.00 0.00 6,640.941
Credit Line Total Credit Available Credit Cash Advance Available Cash
Summary Line $ Line $ Limit $ Limit $
on 10/09/09 6,300.00 0.00 0.00 0.00
Payment Due Date
11/03/09
Minimum Amount Due
Includes:
Past due amount
$853.00
This month's amount due
$133.00
Please refer to page 2
for important information
regarding your account
Your account is past due. Please pay the past due amount immediately. Pay your bill online anytime, anywhere
at www.americanexpress.com/paybill.
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.
Activity * Indicates posting date
Total of Payment Activity 0.00
Amount:
Total of New Activity 0.00
Finance Charges Average Daily Daily Actual ANNUAL Nominal ANNUAL Periodic
Billing days this period: 30 Balance $ Periodic Rate PERCENTAGE PERCENTAGE FINANCE
RATE RATE CHARGES
Purchases 0.00 0.0746% 0.00% 27.24% 0.00
Cash Advances 0.00 0.0746% 0.00% 27.24% 0.00
0.00
Certain of the periodic rates and APRs above may be variable. Those rates may vary
based upon the prime rate identified in the Wall Street Journal, as described in your
Cardmember Agreement as currently in effect.
+ Please fold on the peniaallon below, detach and return with your payment +
Do not staple or use paper clips Account Number
Payment Coupon 3772-730523-21005
ttltlttllllnlllltlnyltlnylltllhlttllllhlittltlltlltlllhn
ESTRELLA L MASSON
1196 KINGSLEY RD
CAMP HILL PA 17011-6110
Payment Due Date: To Pay by Computer, visit:
11103/09 americenexpress.com/pbc.
New Balance
$ 6,640.84
Minimum Amount Due
$986.00
I • 1
Amount enclosed
Mail Payment to: I I I I l t t h II tl I t Itl h I h Ih t i t II
d l l l II 11 nl nll Ill n hll I I I hl I I I
AMERICAN EXPRESS
P.O. BOX 1270
NEWARK NJ 07101-1270
Enter account number on
all documents.
Make check payable to
American Express.
See Finance Charge
section on reverse side for
a description of when
additional Finance
Charges are not assessed
on Purchases.
Check here if your address
or phone number has
changed. Note changes on
71rse side.
0000377273052321005 000664084000098600 08 d
' e Wared For Account Number
ESTRELLA L MASSON XXXX-XXXXX3-21005 Page 2 of 2
Payments: Payments received after 12:00 noon may not be credited until the next day. Payments must be sent to the
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f
payment a
dress s
own on your statement and must inc
ude the remittance coupon
rom your statement. Payments must
be made with a single check or draft drawn on a US bank and payable in US dollars, or with a negotiable Instrument
payable in US dollars and clearable through the US banking system, or through an electronic payment method payable in
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payment does not oonfonn 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
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faction without our ex acceptance °f any payment marked with a restrictive legend will not operate as an accord and
press prior written approval. Authorization for Electronic Debit: We will process checks
Customer Service and
electronically, at first tment and any re-presentments by transmitting the amount of the check, routing number,
account number and ?nserial number to your financial institution unless the check is not processable electronically or a Lost or Stolen Card
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leas costly process is available. By submitting a check for payment you authorize us to initiate an electronic debit from your
bank or asset as cunt. When we process your check electronically, your payment may be debited to your bank or asset
account as soon as the same da
we recenre
our check
and
ou will not receive that cancelled ch
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b
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your
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asset account statement. If we cannot collect the funds electronically we may issue a draft against your bank or asset Express Cash
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account for the amount of the check. Authorization for Electronic Payments: By using Pay %gy Computer, Pay Byy Phone
or an
other electronic
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account you s?q{? in the amount you request. Payments received after 8:00 p.m. MST may not be credited until the next
day. AllocaHop n of Payments and Credits: Subject to applicable law, we will apply and allocate payments and credits
Fi?n??n
among balances and Charges on your Account in any order and manner determined b
us in our sole discretion International Collect
1.336-393-1111
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Charges: Average Daily Balance (ADB) Method for Calculation of Finance Charges (FC): We use UieIDS
me calculate FC on
our Account
Under this method
we fi
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our Account b
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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 )
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TTY: 1-800-221-9950
FAX: 1-800-695.9090
beginning balance for the Feature each day (including unpaid FC from previous billing periods) (Intsadd any new
transactions, debits, orfees (3) subtract any payments or credits, and (4) make any appropriate adjustme. For each day
revious da
after the first da
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we also add an amount of interest e
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multiplied by the DPR for the Feature. This gives us the daily balance for the Feature for that day and the beginning
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for that Feature, the result will be the C assessed on that Feature except for variations caused by rounding. The total FC
for the billing period is calculated by addsng the FC assessed on all features of the Account. This method of calculating the
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30.60. H you paid the New Balance on your prior statement in full by its payment due date, and you pay the New Balance
on this statement by its payment due date, then you will avoid additional FC on purchases included in the New Balance on
amedcanexpress.com
this sfaterrnent. Transactions Made in Foreign Currencies: If you incur a Charge in a foreign currency, it will be
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law
we will choose a oornerslon rate that is acceptable to us forttiat date
Currently
the conversion rate we use for a Customer Service
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Charge in a n currency is no greater than (a) the highest official conversion rate published by a govemment agency, or
(b the highest in nk conversion rate identified by us from customary banking sources, on the conversion date or the
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El Paso, TX
79998-1535
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business day In each Instance Increased by 2.7%. This conversion rate may differ from rates in effect on the date
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shments (such as airlines) will be billed at the rates such establishments use.
BIN n Righfis Sum : In Case of Errors or Questions About Your Bill: If you think our bill is incorrect, or Express Cash
ash
you need more in tion about a transaction on your bill, write us on a separate sheet of paper at the Customer
Service address noted to the ' ht. We must hear from you no later than 60 days after we sent you the first bill on which p O. Box
981531
El Paso, TX
the error or problem appeared. You can telephone us at the number indicated on the front of this statement, but doing so
will not preserve your rights. In your letter, give us the following Information: 1. Your name and account number 2. The
dollar amount of the suspected error, 3. Describe why you believe there is an error. If you need more information, c)escribe 79998-1531
payments
the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still
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n question. While we investigate your question, we cannot report you as
delinquent or take any action to collect the amount you question. If you have authorized us to pay your bill automatically J
07101-1270
from our checking or savings account, you can sto the payment on any amount you think is wrong. To stop the paymant
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to occur. Special Rule for
Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card,
d
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e merchant, you may not have to pay the remaining amount
due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase
was made in
our home state or within 100 miles
f
our mailin
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we own or opera
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ant, or
mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of the
purchase.) Credit Balance: If a cxedit balance (desi'g?ated CR) is shown on this statement, it represents money owed to
if
ou do not make sufficient char
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es
in
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expiration ofthe six-month period following the date of the first statement indicating the credit balance, issue a check to you
for the credit balance lithe amount is 31
00 or more
New York residents may contact the New York Banking Department
.
.
to obtain a comparative listing ofcredit card rates, fees and grace periods by calling 1-800-518-8866.
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FDR 974934
Welcome to American Express Cardmembership
This document and the accompanying supplement(s)
constitute your Agreement. Please read and keep this
Agreement. Abide by its terms. When you keep, sign or use the
Card issued to you (including any renewal or replacement
Cards), or you use the account associated with this Agreement
(your Account"), you agree to the terms of this Agreement.
The words "you; "your" and'yours"mean the person who
applied for the Account and the person to whom we address
billing statements, as well as any person who agrees to be liable
on the Account The'Basic Cardmember" is the person who
opened the Account. Al your request, we may also issue a Card
on your Account to another person (an Additional
Cardmember"). The term "Card" refers to the American
Express' Card issued to you, all other Cards issued on your
Account, and any other device (such as Account numbers and
convenience checks) with which you may access your Account.
"We, "out" and "us" refer to American Express Centurion
Bank, the issuer of your Account.
Using the Card
You may use the Card to obtain goods and services from
any person who accepts the Card ('Purchase(s)"). You may
also use the Card to obtain loans ('Cash Advance(s)") through
various means we may make available (e.g., ATM machines)
up to the applicable limits on your Account. At our discretion,
we may permit you to transfer balances from other accounts to
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may issue convenience checks that you can use to access your
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You may not use convenience checks to pay any amount you
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have with us or our affiliates. Transactions you make in
response to promotional offers from us will be subject to the
terms of the promotion and this Agreement.
All amounts charged to your Account, including Purchases,
Cash Advances, Balance Transfers, convenience checks, annual
fee(s), if any, any amounts guaranteed by use of the Card, other
fees, and any Finance Charges, are "Charges." A convenience
check that we identify as having been made payable to cash, to
you, or to a bank, brokerage or similar asset account will be
treated as a Cash Advance. Any other convenience check
and/or a Balance Transfer will be treated as a Purchase, except
as otherwise noted. If you make a Purchase or a Balance
Transfer, or use a convenience check, that is governed by a
promotional offer from us, the Charge will be included in a
Promotional Balance, unless we notify you otherwise.
You agree not to let any person use a Camd except a
Cardmember whose name is on it. You agree to notify us if the
Card is lost or stolen, or you suspect that it is being used
without your permission. You agree to use the Account only for
Purchases, Cash Advances, or Balance Transfers that are lawful
and are permitted under this Agreement. We may issue you
renewal or replacement Cards before a previously issued Card
expires.
If you or an Additional Cardmember authorize a third
party to bill Charges on a recurring basis to your Account
('Recurring Charge(s)'), we may (but are not required to)
provide such third party with your current Account status,
Card number and/or expiration date to permit that third party
to continue billing your Account. We may tuke such steps even
if your account number changes or if we issue a renewal or
replacement Card to you or an Additional Cardmember. To
withdraw authorization for a Recurring Charge, you must
notify the third party.
ExpressIlay
The Card may be equipped with the ExpressPay feature
('ExpressPay'), which enables you to make Charges without
having the Card swiped or imprinted at a participating
merchant. ExpressPay uses a computer chip that is built into
the Card and transfers encrypted payment information
wirelessly when you hold the Card to a contactess reader.
Charges made with ExpressPay are as secure as other Charges
you make with the Card. ExpressPay generates a unique
cryptogram to further protect your account from fraudulent
transactions. If you notify us that the Card is lost, stolen or has
been fraudulently used, the Card and the ExpressPay feature
will be deactivated and another maybe reissued. You agree to
use ExpressPay only in accordance with our instructions, and
you agree not to attempt to get cash with ExpremPay from any
source. You may cancel the ExpressPay feature on the Card or
any Additional Card at any time upon notice to us by calling
the number on the back of the Card.
Annual Fee
There is no annual fee for this Account.
Credit Line
A portion of your credit line may be available to you for
Cash Advances up to your Cash Advance limit. We may, at any
time and in our sole discretion, increase and/or decrease your
credit line and Cash Advance limit. We may limit Charges at an
automated teller machine (ATId") to the lesser of (i) a total of
$1,000 in any seven-day period, or (ii) the remaining amount
of the Cash Advance limit on your Account; and we may
impose additional limits at our sole discretion (in addition to
any limits imposed by the ATM's owner). Your billing
statements will show your credit line and Cash Advance limit
and the unused portions of such line and limit as of the
statement date. You agree to manage your Account so that your
balance for Cash Advances (including fees and Finance
Charges) will not exceed the Cash Advance limit and your
overall balance (including fees and Finance Charges) will not
exceed your credit line. You agree to pay us, immediately upon
request, the amount of any balance on your Account in excess
of any applicable credit line or limit. We reserve the right to
decline any attempted Charge, even if the Charge would not
cause you to exceed your credit line or limit.
We are not responsible for any losses or other consequences
if a transaction on your Account is not approved for any
reason, even if you have sufficient credit available. Except as
otherwise required by applicable law, we will not be
responsible if any merchant refuses to honor the Gard or for
any other problem you may have with a merchant.
Promise to Pay
You promise to pay all Charges, including Charges incurred
by Additional Cardmembers, on your Account. This promise
includes any Charge for which you or an Additional
Cardmember indicated an intent to incur the Charge, even if
you or the Additional Cardmember have not signed a charge
form or presented the Card. You also promise to pay any
Charge incurred by anyone that you or an Additional
Cardmember let use the Card even though you have agreed
not to let anyone else use the Card.
Status of and Responsibility for Additional C.ardmerubcvs
Additional Cardmembers do not have accounts with us.
Instead, they are authorized users on your Account, and the
Cards issued to them may be cancelled by you or us at any
time. You must notify us to revoke an Additional
Cardmember's permission to use your Account. You are
responsible under this Agreement for all use of your Account
by the Additional Cardmembers, and by anyone else you or an
Additional Cardmember lets use the Card, and the Charges
they incur will be billed to you. You have this responsibility
even if you did not intend for an Additional Cardmember, or
otter person, to use the Card for any transactions.
An Additional Cardmember is not liable for Charges
incurred by the Basic Cardmember or by other Additional
Cardmembers. However, by each use of the Additional Card to
incur Charges, the Additional Cardmember indicates his or her
agreement to pay us for the Charge if you fail to or refuse to
pay it, and we may, at our discretion, pursue Additional
Cardmembers for payment of Charges they incur or authorize.
You authorize us to provide Account information to Additional
Cardmembers and to discuss the Account with them.
You agree to notify each Additional Cardmember, at the
time he or she becomes an Additional Cardmember, that we
may receive, record, exchange and use information about him
or her in the same manner we do with information about you,
as described below in tie Consumer Reports, Telephone
Communications, and Suspension/ Cancellation sections of
this Agreement. You agree to notify each Additional
CD 25454 (07109)
1,'E
Cardmember that Additional Cardmembers are subject to all
applicable provisions of this Agreement.
Billing Statements
You must notify us immediately of any change in the
mailing or e-mail address to which we send billing statements
or notices that a billing statement has been posted ("Billing
Address'). if you wish a Billing Address change to apply to
more than one account you maintain with us, you must tell us.
You agree that we may also update your Billing Address if we
receive information that your Billing Address has changed or is
incorrect.
The "New Balance" appears on your billing statement.'ro
determine the New Balance, we begin with the outstanding
balance on your Account at the beginning of each billing
period, called the 'Previous Balance" on the billing statement.
We add any Charges, subtract arty credits or payments credited
as of that billing period, and make other applicable
adjustments.
Minimum Amount Due
Each billing statement will reflect a Minimum Amount
Due. Payment is due by the time and date shown and in the
manner prescribed on the statement. The Minimum Amount
Due will not exceed the New Balance. You may pay more than
the Minimum Amount Due, up to the entire outstanding
balance, at any time. To calculate the Minimum Amount Due,
we add together the following amounts, round the result to the
nearest whole dollar, and then add any amount past due:
(1) the greatest of,
(a) 2% of the New Balance (excluding from the New
Balance any any late fees or over-limit fees);
(b) the lesser of
(f) current billed Finance Charges plus l% of the New
Balance (excluding from the New Balance any late
fees or over-limit fees and finance charges), or
(ii) 4% of rte New Balance; or
(c) $15;
(2) any over-limit fees added during the billing period; and
(3) any late fees added during the billing period.
Adjusted Minimum Amount Due
Summary: If you consistently pay more than the
Minimum Amount Due outlined above, we may calculate your
minimum payment without any late fees or the additional I%
of the balance referenced in (1)(b)(i). Ifwe do this, and
finance charges are more than 2% of the balance, we may add
$ 15 to your minimum payment. For information about how
this works, read the detailed description below.
Detailed Description We may adjust the outfitted
calculation above by removing the late fees in (3) and "plus I%
of the New Balance" in (1)(b)(i). In the adjusted calculation,
we will exclude only the over-limit fees from the New Balance
in (1)(a). After the adjustment, if (1) is equal to die current
billed Finance Charges, we will increase your Minimum
Amount Due by $15.
We will apply the adjusted calculation to your Account if..
• the sum of your payments (credited to your Account in
the six consecutive billing periods ending with the
Closing Date of the current billing period) is greater than
the sum of the Minimum Amounts Due (for the six
consecutive billing periods ending with the Closing Date
of the previous billing period, not tying the adjusted
calculation and including the amount past due in only
the first ofthose six periods);
• the sum of the Minimum Amounts Due is equal to the
sum of your payments and it is less than or equal to $90;
the sum of the Minimum Amounts Due is zero and we
used the adjusted calculation in the last billing period
when your Minimum Amount Due was not zero; or
If we adjust your Minimum Amount Due, we will do so for
at least six billing periods, and if we stop adjusting your
Minimum Amount Due, we will not adjust it again for at least
six billing periods, regardless of your payment history.
Payments
All payments must be sent to the payment address shown
on your billing statement and must include the remittance
coupon from your billing statement. You must pay us in U.S.
currency, with a single draft or check drawn on a U.S. bank and
payable in U.S. dollars, or with a negotiable instrument payable
in U.S. dollars and clearable through the U.S. banking system,
or through an electronic payment method clearable through
the U.S. banking system. Your Account number must be
included on or with all payments. If we decide to accept a
payment made in a foreign currency, you authorize us to
choose a conversion rate that is acceptable to us to convert
your remittance into U.S. currency, unless a particular rate is
required by law.
Payments conforming to the above requirements that we
receive no later than the hour specified on your billing
statement will be credited to your Account as of the day
received: payments conforming to the above requirements that
we receive after the hour specified on your billing statement
will be credited to your Account as of the following day.
If payment does not conform to the requirements stated
above, crediting may be delayed if this happens, additional
Charges may be imposed. We may accept late payments,
partial payments or any payments marked as being payment in
full or as being settlement of any dispute without losing any of
our rights under this Agreement or under the law. Our accep-
tance of any such payments does not mean we agree to change
this Agreement in any way. You agree that an acceptance of
such payments will not operate as an accord and satisfaction
without our prior express written approval.
Subject to applicable law, we will apply and allocate
payments and credits among balances and Charges on your
Account in any order and manner determined by us in our sole
discretion. In most cases, we will apply and allocate payments
first to balances at lower Annual Percentage Rates ("APRs")
and then to higher APR balances, and apply Purchase credits
first to the balance from which the corresponding debit
originated. However, for servicing, administrative, systems or
other business reasons, we may apply and allocate payments
and credits among balances and to Charges on your Account in
some other order or manner that we may determine in our sole
discretion. You agree that we have tie unconditional right to
exercise this discretion in a way that is most favorable or
convenient to us.
Authorization for Electronic Debit to Your Checking
Account
When you provide a check as payment, you authorize us to
use information from your check to make an electronic fund
transfer from your account or to process the payment as a
check transaction. If we process your check electronically,
funds may be withdrawn from your bank or asset account as
soon as the same day we receive your check. Also, if we process
your check electronically, you will not receive that cancelled
check with your bank or and account statement.
Finance charges
A. Finance Charges begin to accrue for each Charge as of
the date the Charge is added to the daily balance, as described
below. if payment in fug for any New Balance shown on the
statement for a billing period is credited to your Account by
the Payment Due Date shown on that statement, then Finance
Charges will not accrue for Purchases from the date on which
payment in full of that New Balance is credited to your
Account until the end of the billing period in which such
payment is credited to your Account. In addition, Finance
Charges will not accrue for Purchases during a billing period if
(a) the Previous Balance shown on the billing statement for
that billing period is zero or a credit balance, or (b) payment in
full for the New Balance, if any, shown on the statements
covering the two immediately preceding billing periods is
credited to your Account by the respective Payment Due Dates
shown on those statements. For purposes of this paragraph,
Purchases do not include Balance Transfers or convenience
checks.
B. The Daily Periodic Rate ("DPR") for Purchases and the
DPR for Cash Advances are each based on an APR, which may
vary. The APR for Cash Advances is the Prime Rate plus
17.99%. A DPR is 11365th of the APR. Your DPRs and APRs for
Purchases appear on the accompanying supplement(s). When
an APR changes, we apply it to any existing balance subject to
that rate.
C. Notwithstanding the foregoing, unless a higher rate
applies, the APR for all balances except Cash Advances will be
equal to Prime plus 14.99% if during any Review Period any
portion of any Minimum Amount Due is not credited to your
Account by its Payment Due Date. The "Review Period" is the
period, constituting approximately one year, of twelve
consecutive billing periods ending with the Closing Date of the
current billing period, whether or not you received a statement
for each such billing period.
D. Notwithstanding the foregoing, the DPR (and
corresponding APR) on all balances will increase to the Default
Rate if during the Review Period (i) payment of your
Minimum Amount Due is not credited to your Account by the
Payment Due Date in any two billing periods, (ii) a payment on
your Account is not honored by your bank or other financial
institution, or (its) you exceed any designated credit limit on
your Account three or more times. The 'Review Period" is the
period, constituting approximately one year, of twelve
consecutive billing periods ending with the Closing Date of the
current billing period, whether or not you received a statement
for each such billing period. If the Default Rate is applied, it
will apply to your Account for a minimum of twelve
consecutive billing periods, beginning with the current billing
period. The Default Rate is a DPR which corresponds to an
APR equal to the Prime Rate plus 23.99%.
E. The "Prime Rate" is determined once with respect to
each billing period. The Prime Rate for each billing period is
the Prime Rate published in the Money Rates section (or
successor section) of The Wall Street journal on (a) the first day
of that billing period or (b) the day that is two days prior to the
Closing Date of that billing period, whichever is higher. In each
case, if such a day is not a customary publication day for The
Wall Street Journal, we will substitute the closest preceding day
that is a customary publication day If The Will Street journal
ceases or suspends publication, we may refer to the Prime Rate
published in any other newspaper of general circulation in
New York, New York, or we may substitute a similar reference
rate at our sole discretion. Any increase or decrease to an APR
resulting from a change in the Prime Rate takes effect as of the
fast day of the billing period. An increase in the Prime Rate
means that the variable APRs (and corresponding DPRs)
applicable to your Account will increase and you may incur
higher Finance Charges and may have a higher Minimum
Amount Due.
Average Daily Balance Method for Calculation of Finance
Charges
We use the Average Daily Balance method to calculate
Finance Charges on your Account. Under this method, we
calculate the Finance Charges on your Account by applying the
DPR to the Average Daily Balance (as described below)
separately for each balance subject to Finance Charges.
Different periodic rates may be used for different balances. For
example, different DPRs may be applied to separate balances,
such as Purchase, Cash Advance, and Promotional Balances. To
get the Average Daily Balance for each balance, we (1) take the
beginning balance for each day (including unpaid Finance
Charges from previous billing periods), (2) add any new
transactions, debits, or fees, (3) subtract any payments or
credits credited as of that day, and (4) make any appropriate
adjustments. For each day after the first day of the billing
period, we also add an amount of interest equal to the previous
day's daily balance multiplied by the DPR for the balance. This
gives us the daily balance for the particidar balance for that day
and the beginning balance for that balance for the next day. If
this balance is negative, it is considered to be zero. Then, we
add up all the daily balances for each balance for the billing
period and divide the total by the number of days in the billing
period. This gives us die Average Daily Balance for that
balance.
If you multiply the Average Daily Balance for each balance
by the number of days in the billing period and the DPR for
that balance, the result will be die Finance Charge assessed on
that balance, except for variations caused by rounding. The
total Finance Charge for the billing period is calculated by
adding the Finance Charges assessed on all balances of the
Account. This method of ralculating the Average Daily Balance
and Finance Charge results in daily compounding of Finance
Charges. We may use mathematical formulas which produce
equivalent results to calculate the Average Daily Balance,
Finance Charge, and related amounts. For example, we may
utilize computer programs or other computational methods
that are designed to produce mathematically equivalent results
while using fewer and/or simpler computational steps than are
described in this Agreement.
At our discretion, we may exclude certain categories of
debit transactions or fees from the calculation of the daily
balances. Unless we elect to use a later date, we add a Marge
to the daily balance as follows: We add a Cash Advance or
Purchase to the appropriate daily balance as of the date of
request or the transaction date on the billing statement. We
add a convenience check to the appropriate daily balance as of
the date of first deposit. We add a Balance Transfer other than
through a convenience check to the appropriate daily balance
as of the date of the request We add periodic Finance Charges
to the daily balance as described above. We add any other
Charge to the appropriate daily balance as of the date of the
transaction.
Periodic Finance Charges are added to the outstanding
balance at the end of the billing period for which Finance
Charges are calculated. In arty such billing period, we will
impose a minimum Finance Chasse of 50.50, which will be
added to the balance with the highest APR unless, for our
convenience and in our sole discretion, we choose to add it to a
balance with a lower APR. In our sole discretion, we also may
round any calculations made in determining the Finance
Charges on your Account in any way that is convenient to us.
Any such rounding may apply to or cause variations in your
DPRs.
Late Fees
We may assess a Late Fee if a payment of at least the
Minimum Amount Due is not credited to your Account by the
Payment Due Date. The amount of the Late Fee depends on the
amount of the Previous Valance on the statement on which the
Late Fee appears, as follows:
Previous Balance Late Fee
less than $400 $19
$400 or greater $38
Other Fees
We may charge the following fees to your Account, subject
to applicable law. Except as otherwise noted, these fees will be
added to the Purchase Balance.
1. Dishonored Payments: We may charge a fee of 338
whenever any check, similar instrument, or electronic
payment order that we receive as payment on your Account is
not honored upon first presentment.
If a Card is presented in connection with. cashing a check at
an American Express Travel Service Office or other authorized
location and the check is not honored, we may charge a fee of
$38. (We will also add a Charge to the Cash Advance balance of
your Account in the amount of the check that was not
honored.)
2. Copies of Statements: We may charge a fee of $5 for
each billing period for which a copy of a billing statement is
requested. We will not charge this fee for any request for a copy
of any of the billing statements for the three billing periods
immediately prior to the request.
3. Account Re-opening Fee: We may charge a re-opening
fee of $25 if your Account is cancelled for any reason and you
request reinstatement and such request is honored
4. Wire Transfers: We may charge a fee of 315 each time a
wire transfer from your Account is initiated and authorized.
5. Stop Payment Orders: We may charge a fee of 329
each time we receive a request to stop payment on a
convenience check drawn on your Account.
6. Over-limit Fee: We may charge a fee of 335 in each
billing period the New Balance on your statement exceeds your
credit line.
7. Convenience Check Usage/Balance Transfer
Transaction Fee: We may assess a transaction fee for each
Balance Transfer and each convenience check drawn on your
Account, as disclosed in the applicable Promotional Offer, in
the materials accompanying the convenience check, or at the
time of the transaction. This fee is a Finance Charge and, if
assessed, will be added to the same Purchase or Cash Advance
balance as the convenience check transaction or Balance
Transfer. For convenience checks made payable to cash or to
you, a bank, brokerage or similar asset account, however,
unless otherwise disclosed in the applicable Promotional Offer,
in the materials accompanying the convenience check or at the
time of the transaction, there will be a transaction fee of 3%,
with a minimum of 35.
8. ATM Fee: We will impose a fee each time a Card is used
to obtain cash or any other services from an ATM. This fee will
be 3% of the amount of the cash withdrawn or other services
obtained (including any additional fee imposed for use of the
ATM by is operator), with a minimum of $5. This fee will be
added to the Cash Advance balance.
FDR 974934
Suspension/Cancellation
in addition to any other actions we may take under this
Agreement, we may suspend or cancel your Account or any
feature offered in connection with your Account, we may
reduce your credit line or cash advance limit (including to a
level below your outstanding balance), and/or we may suspend
or cancel the authorization of any Additional Cardmember to
make Charges to your Account, at our sole discretion at any
time, with or without cause, whether or not your Account is in
default, and without giving you notice, subject to applicable
law. Any such action on our part will not cancel your obligation
to pay all Charges due on your Account under the terms of this
Agreement in effect at the time of such action or as
subsequently amended and you agree to pay us all such
Charges despite any such action. We may advise third parties
who accept the Card that the Card(s) issued to you and/or
Additional Cardmembers have been cancelled. If we cancel the
Card or it expires, you may no longer use it and you must
destroy it or return it to us or, if we request, to a third party. If
you want to cancel the Account or any Additional Canis, you
mast notify us and destroy the Card(s).
ff we agree to reinstate your Account after a cancellation,
the new Agreement we send you (or, if we do not send you a
new Agreement this Agreement as it may be amended) will
govern your reinstated Account. When we reinstate your
Account, we may reinstate any Additional Cards issued in
connection with your Account, and bill you the applicable
annual fee(s).
Default
We may consider your Account to be in default at any time
if you fad to pay us any amount when it is due, or if you breach
any other promise or obligation under this Agreement.
Subject to applicable law, we may also consider your
Accost to be in default at any time if any statement made by
you to us in connection with this Account or any other credit
program was false or misleading; if you breach any promise or
obligation tinder any other agreement that you may have with
us or with airy of our affiliates; if we receive information
indicating that you are bankrupt, intend to file bankruptcy, or
are unable to pay your debts as they become due; or we receive
information leading us to conclude that you are otherwise not
creditworthy. In evaluating your creditworthiness, you agree
that we may rely on information contained in consumer
reports, and in our discretion we may consider the amount of
debt you are currying compared to your resources or any other
of your credit characteristics, regardless of your performance
on this Account. We may also consider your Account in default
in the event of you death.
In the event of your default, and subject to any limitations
or requirements of applicable law, we may require payment of a
portion of your outstanding balance greater than the
Minimum Amount Due, declare the entire amount of your
obligations to us immediately due and payable, and/or suspend
or cancel your Account and/or any feature that may be offered
in connection with the Account. You agree to pay all
reasonable costs, including reasonable attorneys fees, incurred
by tits (1) in connection with the collection of any amount due
on your Account. whether or not any arbitration, litigation, or
similar proceedings are initiated; and (2) in reasonably
protecting ourselves from any loss, harm, or rusk relating to any
default on your Account.
Transactions Made in Foreign Currencies
If you incur a Charge in a foreign currency, it will be
converted into U.S. dollars on the date it is processed by us or
our agents. Unless a particular rate is required by applicable
law, you authorize as to choose a conversion rate that is
acceptable to us for that date. Currently, the conversion rate we
use fur a Charge in a foreign currency is no greater than (a) the
highest official conversion rate published by a government
agency, or (b) the highest interbank conversion rate identified
by us from customary banking sources, on the conversion date
or the prior business day, in each instance increased by 2.7%.
This conversion rate tray differ from rates in effect on the date
of your Charge. Charges convened by establishments (such as
airlines) will be billed at the rates such establishments use.
Benefits and Services
Subject to applicable law we have the right to add modify
or delete any benefit, service, or Feature that may accompany
your Account at any time and without notice to you.
Arbitration
Purpose: This Arbitration Provision sets forth the
circumstances and procedures under which Claims (as defined
below) may be arbitrated instead of litigated in court.
Definitions: As used in this Arbitration Provision, tie
term "Clair means any claim, dispute or controversy between
you and us arising from or relating to your Account, this
Agreement, the Electronic Funds Transfer Services Agreement,
and any otter related or prior agreement that you may have
had with us, or the relationships resulting from any of the
above agreements (Agreements"), except for tie validity,
enforceability or scope of this Arbitration Provision or the
Agreements. For purposes of this Arbitration Provision, "you"
and "us" also includes any corporate parent, or wholly or
majority owned subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any purchaser of any
accounts, all agents, employees, directors and representatives
of any of the foregoing, and other persons referred to below in
tie definition of"Claims" "Claim includes claims of every
kind and nature, including but not limited to, initial claims,
counterclaims, cross-claims and third-party claims and claims
based upon contract, tort, fraud and other intentional torts,
statutes, regulations, common law and equity. "Claim" also
includes claims by or against any third party using or providing
any product, service or benefit in connection with any account
(including, but not limited to, credit bureaus, third parties who
accept the Card, third parties who use, provide or participate in
fee-based or free benefit programs, enrollment services and
rewards programs, credit insurance companies, debt collectors
and all of their agents, employees, directors and
representatives) if and only if, such third party is named as a
co-party with you or us (or files a Claim with or against you or
us) in connection with a Claim asserted by you or tits against
the other. The term "Claim" is to be given the broadest possible
meaning that will be enforced and includes, by way of example
and without limitation, any claim, dispute or controversy that
arises from or relates to (a) any of the accounts created under
any of the Agreements, or any balances on any such accounts,
(b) advertisements, promotions or oral or written statements
related to any such accounts, goods or services financed under
any of the accounts or the terms of financing, (c) the benefits
and services related to Cardmembership (including fee-based
or free benefit programs, enrollment services and rewards
programs), and (d) your application for any account. We shall
not elect to use arbitration under the Arbitration Provision for
any Claim that you properly file and pursue in a small claims
court of yotr state or municipality so long as the Claim is
individual and pending only in that court.
Initiation of Arbitration Proceeding/Selection of
Administrator: Any Claim shall be resolved, upon the election
by you or us, by arbitration pursuant to this Arbitration
Provision and the code of procedures of the national
arbitration organization to which the Claim is referred in effect
at the time tie Claim is filed (the "Code'), except to tie extent
the Code conflicts with this Agreement Claims shall be
referred to either the National Arbitration Forum ("NAF") or
the American Arbitration Association ('AAA), as selected by
the party electing to use arbitration. If a selection by us of
either of these organizations is unacceptable to you. you shall
have the right within 30 days after you receive notice of our
election to select the other organization listed to serve as
arbitration administrator. For a copy of the procedures, to file a
Claim or for other information about these organizations,
contact them as follows:
• NAF at P.O. Box 50191, Minneapolis, MN 55405;
website: www.arbitration-forum.com.
• AAA at 335 Madison Avenue, New York, NY 10017;
website: www.adr.org.
Significance of Arbitration: IF ARBITRATION IS
CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO
LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL
ON THAT CLAIM. 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 CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH
BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL
AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU
OR WE WOULD HAVE. IF YOU WENT TO COURT ALSO
MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration: IF EITHER PARTY ELECTS
TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM
SHALL BF ARBITRATED ON AN INDIVIDUAL BASIS.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY
CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS
OR ON BASES INVOLVING CLAIMS BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF
THE. GENERAL PUBLIC, OTHER CARDMEMBERS OR
OTHER PERSONS SIMILARLY SITUATED. The arbitrator's
authority to resolve Claims is limited to Claims between you
and us alone, and tie arbitrators authority to make awards is
limited to awards to you and us alone. Furthermore, claims
brought by you against us, or by us against you, may not be
joined or consolidated in arbitration with Claims brought by or
against someone other than you, unless agreed to in writing by
,all parties. No arbitration award or decision will have any
preclusive effect as to issues or claims in any dispute with
anyone who is not a named party to the arbitration.
Notwithstanding any other provision in this Agreement
(including but not limited to the Continuation provision
below) and without waiving either panys right to appeal such
decision, should any portion of this Restrictions on Arbitration
provision be deemed invalid or unenforceable, then the entire
Arbitration Provision (other than this sentence) shall not
apply.
Arbitration Procedures: This Arbitration Provision is
made pursuant to a transaction involving interstate commerce,
and shall be governed by the Federal Arbitration Act, 9 U.S.C.
Sections 1-16, as it may be amended (the 'FAA 7). The
arbitration shall be governed by the applicable Code, except
that (to the extent enforceable under the FAA) this Arbitration
Provision shall control if it is inconsistent with the applicable
Code. The arbitrator shall apply applicable substantive law
consistent with the FAA and applicable statutes of limitations
and shall honor claims of privilege recognized at law and, at
the timely request of either party, shall provide a brief written
explanation of the basis for tie decision. The arbitration
proceeding shall not be governed by any Federal or state rules
of civil procedure or rules of evidence. Either party may submit
a request to tie arbitrator to expand the scope of discovery
under the applicable Code. The party submitting such a
request must provide a copy to the other party, who may
submit objections to the arbitrator with a copy of the
objections provided to the requesting party, within fifteen (15)
days of receiving the requesting party's notice. The granting or
denial of such a request will be in the sole discretion of the
arbitrator, who shall notify the parties of his/her decision
within twenty (20) days of the objecting parry's submission.
The arbitrator shall take reasonable steps to preserve the
privacy of individuals, and of business matters. Judgment upon
the award rendered by the arbitrator maybe entered in any
court havingjurisdiction. The arbitrator's decision will be final
and binding, except for any right of appeal provided by the
FAA. However, any party can appeal that award to a three-
arbitrator panel administered by the same arbitration
organization, which shall consider anew any aspect of the
initial award objected to by the appealing party. The appealing
parry shall have thirty (30) days from the date of entry of the
written arbitration award to notify the arbitration organization
that it is exercising the right of appeal. The appeal shall be filed
with the arbitration organization in the form of a dated
writing. The arbitration organization will then notify the other
party that the award has been appealed The arbitration
organization will appoint a three-arbitrator panel that will
conduct an arbitration pursuant to its Code and issue its
decision within one hundred and twenty 0 20) days of the date
of the appellants written notice. The decision of the panel shall
be by majority vote and shall be final and binding.
Location of Arbitration/Payment of Fees: Any
arbitration hearing that you attend shall take place in the
federal -Judicial district of your residence. You will be
responsible for paying your sham, if any, of the arbitration fees
(including filing, administrative, hearing and/or other fees)
provided by the Code, to the extent that such fees do not
exceed the amount of the filing fees you would have incurred if
the Claim had been brought in the state or federal court closest
to your billing address that would have jurisdiction over the
Claim. We will be responsible for paying the remainder of any
arbitration fees. At your written request, we will consider in
good faith making a temporary advance of all or part of your
share of the arbitration fees for any Clain you initiate as to
which you or we seek arbitration. You will not be assessed any
FDR 974934
arbitration fees in excess of your share if you do not prevail in
any arbitration with us.
Continuation: This Arbitration Provision shall survive
termination of your accounts as well as voluntary payment of
the Account balance in full by you, any legal proceeding by you
or us to collect a debt owed by the other, any bankruptcy by
you or us, and any sale by us of your Account (and in the case
of sale, its terms shall apply to the buyer of any of your
Account). Except as otherwise provided in the Restrictions on
Arbitration provision above, if arty portion of this Arbitration
Provision (other than the Restrictions on Arbitration
provision) is deemed invalid or unenforceable, it shall not
invalidate the remaining portions of this Arbitration Provision,
the Agreement or any predecessor agreement you may have
had with us, each of which shall be enforceable regardless of
such invalidity.
Waiver
Our failure to exercise any of our rights under this
Agreement our delay in enforcing any of our rights, or our
waiver of our rights on any occasion, shall not constitute a
waiver of such rights on any other occasion.
Consumer Reports
You authorize us to request consumer reports about you, to
make whatever credit investigations we deem appropriate, to
obtain and exchange any information we may receive from
consumer reports and other sources, and to use such
information for any purposes, subject to applicable law.
You authorize us to furnish information concerning your
Account to consumer reporting agencies, or others, subject to
applicable law. If you believe information we have furnished
about your Account to a consumer reporting agency is
inaccurate, you should write to us at American Express Credit
Bureau Unit P.O. Box 7871, Ft. Lauderdale, Fl. 33329-7871 and
identify the specific information you believe is inaccurate.
You are hereby notified that information about your
Account that may have a negative impact on your credit record
may be submitted to a credit reporting agency if you fail to
fulfill the terms of your credit obligations.
Telephone Communications
You agree that from time to time we may monitor and/or
record telephone calls between you (or Additional
Cardmembers on your Account) and us to assure the quality of
our customer service or as required by applicable law.
You authorize us to call or send a text message to you at any
number you give us or from which you call us, including
mobile phones.
You authorize us to make such calls using automatic
telephone dialing systems for any lawful purpose, including
but not limited to: suspected fraud or identity theft; Account
transactions or servicing; offers of American Express products
and services; and collecting on your Account You authorize us
to place prerecorded calls in connection with the status of your
account, or security and identity theft matters.
You agree to pay any fees or charges you incur for incoming
calls or text messages from us without reimbursement.
Privacy Act of 1974 Notification
Use of the Card at Federal Government Agencies
American Express has entered into contracts that enable
the Card to be accepted at certain federal government agencies
and departments ("Agencies'). As with Card transactions at
commercial establishments, when you choose to use your Card
at an Agency, certain Charge information is necessarily
collected by us. Charge information from Card transactions at
Agencies may be used for routine uses, such as processing
Charges and payments, billing and collections activities and
may be aggregated for reporting, analysis and marketing
activities. Additional "routine uses" of Charge information by
Agencies are published periodically in the Federal Register.
Insurance Products Notice
We identify insurance providers and products that may be
of interest to you. In this role we may act on behalf of the
insurance provider, as permitted by law. We receive
compensation from insurance providers that may vary by
provider and product Also, we may receive additional
compensation or financial benefit when AMEX Assurance
Company or another American Express entity acts as the
insurer or reinsurer for these products. The arrangements we
have with providers, including the potential to insure or
reinsure products, may also influence what products and
providers we identify.
Notices
Any notice given by us shall be deemed given when
deposited in the U.S. mail, postage prepaid, addressed to you at
the latest Billing Address shown on our records.
Changing this Agreement/ Assignment of this Agreement
We may change the terms of or add new terms to this
Agreement at any time, in accordance with applicable law. We
may apply any changed or new terms to any then-existing
balances on your Account as well as to future balances. This
written Agreement is a final expression of the agreement
between the creditor and the debtor and the written
Agreement may not be contradicted by evidence of any alleged
oral agreement. We may also sell, transfer or assign this
Agreement and the Account at any time without notice to you.
You may not sell, assign or transfer your Account or any of
your obligations under this Agreement Your Account may be
transferred to American Express Centurion Services
Corporation if your Account is in default under the terms of
this Agreement.
Assignment of Claims
In the event you dispute a Charge and we credit your
Account for all or part of such disputed Charge, we
automatically succeed to, and you are automatically deemed to
assign and transfer to us, any rights and claims (excluding tort
claims) that you have, had or may have against any third party
for an amount equal to the amount we credited to your
Account. After we make such credit, you agree that without our
consent you will not pursue any claim against or
reimbursement from such third party for the amount that we
credited to your Account, and that you will cooperate with us if
we decide to pursue the third party for the amount credited.
Applicable Law
This Agreement and your Account, and all questions about
their legality, enforceability and interpretation, are governed by
die laws of the State of Utah (without regard to internal
principles of conflicts of law), and by applicable federal law. We
are located in Utah, hold your Account in Utah, and entered
into this Agreement with you in Utah.
AMERICAN EXPRESS CENTURION BANK
'1'o American Express Cardmembers In The United States
and Its Territories
Your Billing Rights - Keep This Notice for Future Use
This notice contains important information about your
rights and our responsibilities under the "Fair Credit Billing
Act"
Notify Us in Case of Errors or Questions About Your
Account Statement
If you think your statement is wrong or if you need more
information about a transaction on your statement, write us on
a separate sheet of paper at the address for billing inquiries
listed on your statement. Write to us as soon as possible. We
must hear from you no later than 60 days after we sent you the
first statement on which the error or problem appeared. You can
also telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and Account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you
believe there is an error. If you need more information,
describe the item you are not sure about.
If you have authorized us to pay your Account statement
automatically from your savings, checking or other account,
you can stop the payment on any amount you think is wrong
To stop the payment, your letter must reach us three business
days before the automatic payment is scheduled to occur.
Your Rights and Our Responsibilities After We Receive
Your Written Notice
We must acknowledge your letter within thirty (30) days,
unless we have corrected the error by then. Within ninety (90)
days, we must either correct the error or explain why we
believe the statement was correct.
After we receive your letter, we cannot try to collect any
amount you question, or report you as delinquent. We can
continue to bill you for the amount you question, including
Finance Charges, and we can apply any unpaid amount against
your credit line. You do not have to pay any questioned amount
while we are investigating, but you are still obligated to pay the
parts of your statement that are not in question.
If we find that we made a mistake on your statement, you
will not have to pay any Finance Charges related to any
questioned amount. If we did not make a mistake, you may
have to pay Finance Charges, and you will have to make up any
missed payments on the questioned amounts. In either case,
we will send you a statement of the amount you owe and the
date that it is due.
If you fail to pay the amount that we think you owe, we may
report you as delinquent. However, if our explanation does not
satisfy you and you write to us within ten (10) days telling us
that you still refuse to pay, we must tell anyone we report you
to that you have a question about your statement, and we must
tell you the name of anyone we reported you to. We must tell
anyone we report you to that the matter has been settled
between us when it finally is.
If we do not follow these rules, we cannot collect the lust
$50 of the questioned amount even if your statement was
correct.
Special Rule for Credit Card Purchases
if you have a problem with the quality of property or
services that you purchased with the Card, and you have tried
in good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on
the property or services. There are two limitations to this right:
(a) You must have made the purchase in your home state or, if
not within your home state, within 100 miles of your current
mailing address; and (b) The purchase price must have been
more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
Note for Ohio Residents; The Ohio laws against
discrimination require that all creditors make credit equally
available to all creditworthy customers, and that credit reporting
agencies maintain separate credit histories on each individual
upon request. The Ohio Civil Rights Commission administers
compliance with this taw.
Once You Enroll In Play By Computer, Pay By Phone Or Any
Other American Express Electronic Funds Transfer Service
(Hereafter The "Program"), You Will Be Subject To This
Electronic Funds Transfer Agreement (The "EFT Agreement").
Scope of Agrmuent
This EFT Agreement covers your participation in the
Program. In this EFT Agreement the words "you" and "your"
refer to the Basic Cardmembes and also include all Additional
Cardmembers who have enrolled in the Program. The words
"we, our" and "us" refer to American Express Travel Related
Services Company, Inc. The words "your American Express
Accounts" refer to your card account governed by your
Cardmember Agreement ("Card Account") or any other
American Express Accounts that we permit you to enroll in the
Program. The words "your Bank Account" refer to the account
held by a bank securities firm or other financial institution
from which payment will be made when you make
transactions under the Program. The words 'your bark" mean
the bank, securities Cam or other financial institution that
holds your Bank Account The words "other options" refer to
electronic payment transfer options and/or other cash access
that American Express may make available from time to time,
including the option to pay your Account bill electronically
using a computer, phone or other device.
Your Account is governed by the Cardmember Agreement
that is attached to this EFT Agreement That agreement and
the capitalized terms in it also apply here.
Payment for Cash Transactions
Each time you initiate a transaction under the Program,
you instruct and authorize us or our agent to draw a check or
initiate an automated clearing house ("ACH") debit in your
name on your Bank Account payable to us or to our agent, in
the amount of the transaction. The amount of the transaction
is the amount of the Account bill you paid or other funds
transfer you authorized, plus any applicable fees or charges.
FDR 974934
We may charge a fee of $38 for each check or ACH debit
drawn by us or our agent in connection with the Program that
is not honored upon first presentment, subject to applicable
law. Your bank may also assess its customary charge for such
items, if any.
Dishonored Requests for Payments
If any check or ACH debit drawn by us or our agent in
connection with the Program is not honored by your bank, we
have the right to charge the amount of any such transaction,
and the dishonored payment fee referred to above, to the Card
Account or to collect the amount from you. If this happens, we
may cancel your right to participate in the Program.
For certain Bank Accounts, you may have a separate
agreement with us or with a participating bank securities
firm, or other financial institution that allows a line of credit to
be accessed in the event that your Bank Account contains
insufficient funds to make payment to us. You should refer to
the appropriate agreement relating to that line of credit for the
terms and conditions that govern its use.
Liability for Unauthorized Transactions and Advisability of
Prompt Reporting
You must tell us AT ONCE if you believe a transaction
under the Program has been made without your authorization.
Telephoning is the best way of minimizing possible losses. If a
transaction was unauthorized, and within two days after you
learn about it you notify us that the transaction was
unauthorized. we will not hold you liable for that transaction.
In any event even if you fail to notify us, your liability for any
unauthorized transaction or series of related unauthorized
transactions shall not exceed $50. If you believe that someone
has transferred or may transfer money from your Bank
Account without permission, caB:l-800-528.4800 (within U.S.)
or 1-336-393-1111 (outside U.S.) anytime, or write: American
Express Credit Department. P.O. Box 53830, Phoenix, Arizona
85072-3830.
Our Liability for Improper Transactions or Payments
If a transaction is not completed as you have directed or if
we do not complete a transfer to or from your Bank Account on
time in the correct amount, we will research and correct it as
necessary, once you advise us. We will also reimburse you for
your actual losses or damages, if any, caused by our error.
However, there are some exceptions. We will not be liable to
you in the following instances:
• if, through no fault of ours, your Bank Account does not
or did not contain enough money to complete the
transaction or the transfer would exceed an established
credit limit:
. if the funds in your Bank Account are or were at the time
of the attempted transaction subject to legal process or
other encumbrance restricting the transaction;
• if circumstances beyond our control (such as fire or
flood) prevent or prevented the transaction, despite
reasonable precautions that we have taken;
• if a technical malfunction known to you prevented the
transaction;
• or any other exceptions stated in this EFT Agreement.
Business Day
For purposes of this EFT Agreement, our business days are
Monday through Friday. Holidays are not included
Arbitration
The Card Account is governed by the Canlmember
Agreement contained herein. The Arbitration provision
contained within that agreement applies to this EFT
Agreement. Please refer to that provision as you read this EFT
Agreement.
Privacy
Electronic funds transfers you initiate pursuant to this EFT
Agreement are centred by the American Express Privacy
Policy, a copy of which was given to you together with your
American Express Card To view our Privacy Policy online,
please visit americanexpress.com.
How to Contact Us
If for any reason you wish to contact us about the Program,
about your participation in the Program, or about transactions
relating to the Program, write or call us as follows:
Address: American Express Travel Related Services
Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft.
Lauderdale, FL 33329.7815 or e-mail us by clicking on the
Customer Service Bak online at www.americanexpress.com.
Telephone: 1-800-CASH-NOW. 24 hours a day, seven days AMERICAN EXPRESS TRAVEL RELATED SERVICES
a week COMPANY, INC.
In Case of Errors or Questions About Your Transactions
Write or call us at the number or address given above as
soon as you can if you think your statement or receipt is wrong
or if you need more information about a transaction listed on
your statement or receipt. We must hear from you no later than
60 days after we sent you the FIRST statement on which the
problem or error appeared If you are delayed in contacting us
due to extenuating circumstances (such as a hospital stay), we
may extend this 60 days for a reasonable time.
1. Tell us your name and Account number.
2. Describe the error or the transaction you are unsure
about, and explain as clearly as you can why you believe it is an
error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell its orally, we may require that you send us your
complaint or question in writing within 10 business days` from
the date you notified us.
We will tell you the results of our investigation within 10
business days' after we hear front you and we will correct any
error promptly. If we need more time, however, we may take up
to 45 calendar days to investigate your complaint or question.
If we decide to do this we will assure that your bank recredits
your Batik Account within 10 business days' for the amount
you think is in error, so that you will have the use of die money
during the time it takes us to complete our investigation. if we
ask you to put your complaint or question in writing and we do
not receive it within 10 business days' following your oral
notification, we may not recredit your Bank Account.
If notification of an error is received within 30 calendar
days after your Bank Account is opened, we will have 20
business days to provide you with the results of our
investigation and correct any error, and 90 days to complete
the investigation.
If we determine that there was no error, we will send you a
written explanation within three business days after we finish
our investigation. Upon your request we will provide you with
copies of the documents that we used in our investigation. If
we have provisionally recredited your Bank Account during the
investigation and determine that there was no error, we will
notify you of the date on which we will redebit your Bank
Account, and the amount to be debited. You authorize us or an
agent to debit your Bank Account for this amount. You should
make certain that your Bank Account contains sufficient funds
to cover this debit. If it does not, we have the right to charge
such amount to die Account or to collect die amount from you.
If this happens, we may cancel your right to participate in the
Program.
't'ermination
We, or any bank or financial institution participating in the
Program, may add to or remove from the Program any or all
ATMs or extend or limit the services provided at any location
without notifying you beforehand. In addition, we may
discontinue the Program at any time.
Your right to participate in the Program will be terminated
or suspended if the Card Account is cancelled or suspended, if
you cancel the authorization you have given your bank to
directly charge checks to your Bank Account, if the Bank
Account from which payment will be made when you make
transactions under the Program is closed to withdrawal
transactions by us or our agents, if your participation in the
Program is inactive for 18 consecutive months or more, or if
the Card Account is no longer in good standing.
In addition to the foregoing, we may revoke your right to
participate in the Program, at any time, at our sole discretion,
with or without cause, subject to applicable law. If we do so, we
will send you written notice, but we may not send you the
notice until after the revocation. We also have the right to deny
authorization for any requested transaction, at any time, at our
sole discretion, with or without cause, and without giving you
notice, subject to applicable law. You may terminate your
participation in the Program but you must do so by writing to
us at the address disclosed in the Section of this EFT
Agreement entitled How to Contact Us.
Prior Agreements and Assignments
This EFT Agreement supercedes all prior agreements you
may have with its relating to the Program. We have the right to
assign this EFT Agreement to a subsidiary or affiliate company
at any time.
Note for Massachusetts Residents
General Disclosure Statement: Any documentation
provided to you which indicates that an electronic funds
transfer was made shall be admissible as evidence of such
transfer and shall constitute prima facie proof that such
transfer was made.
The initiation by you of certain electronic funds transfers
from your Bank Account will, except as otherwise provided in
this EFT Agreement, effectively eliminate your ability to stop
payment of the transfer.
UNLESS OTHERWISE PROVIDED IN THIS EFT
AGREEMENT, YOU MAY NOT STOP PAYMENT OF
ELECTRONIC FUNDS TRANSFERS THEREFORE, YOU
SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR
PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED
THAT YOU WILL NOT NEED TO STOP PAYMENT.
Disclosure of Account Information to Third Parties: If
you give us your written authorization to disclose information
about you, your Account or the transactions that you make to
any person, that authorization shall automatically expire 45
days after we receive it.
Optional Limit on Obtaining Cash: You have the option
to request that we limit the total amount of cash that you may
obtain from ATMs in a single day to $50. Hyou elect this
option we will take all reasonable steps to comply with your
request
For Massachusetts residents: 10 calendar days instead of
business days.
Programs Description
Return Protection offers you guaranteed product
satisfaction on designated items purchased entirely with an
eligible American Express Card If you try to return a
designated item within 90 days from the date of purchase and
the merchant wont take it back, American Express will refund
the full purchase price, up to $300 per item, excluding shipping
and handling, and up to a maximum of $1,000 annually per
Cardmember Account.
flow to Fit- a Return Protection Request
Once you have verified that the merchant will not accept
the designated item, all 1-800-297-8019 within 90 days of the
purchase date to notify us of your request Within 30 days from
the date of your initial all, we need to receive the following:
• Original store receipt
• American Express Card record of charge
• Any other items deemed reasonable by us to process
your request
Otto your request has been approved, you will be
instructed to send the purchased item to us within 30 days.
Please keep a record of your shipping statement, as you will
need to provide proof of shipping in the event that your
designated items are not received. You are responsible for the
shipping and handling charges for die item. The refund - up to
$300 per item and up to a maximum of $1,000 per
Cardmember per year - will be reimbursed to you.
Limitations
Purchases must be made in the United States and charged
in full on your Card A refund will not be paid if, on the date we
receive your Return Protection Request, or on the date of
would-be payment, any amount on your Card Account is past
due for one or more billing cycle(s) or your Card is canceled.
Refunds are limited to $300 per designated item, and $1,000
annually per Cardmember Account. The item must be in "like
new" condition (not visibly used or wom) and in working
order to be eligible. An item is eligible if it may not be returned
by the Cardmember to the merchant from which it was
originally purchased. Any item purchased from a merchant
that has an established return/ satisfaction guarantee program
which is greater titan or equal to the terms of Return
Protection, and provides coverage for claim, will not be eligible
for a Return Protection Refund. Product rebates, discounts or
money received from lowest price comparison programs will
be deducted from the original cost of tine item. The maximum
you will be compensated will not exceed the manufacturer's
suggested retail price.
FDR 974934
Items not eligible for a refund are: animals and living
plants; one-of-a-kind items (including antiques, artwork, and
furs); limited edition items; going-out-of-business sale items;
consumable or perishable items with limited life spans (such as
perfume, fight bulbs, non-rechargeable batteries); jewelry
(including, but no limited to, loose gems, precious stones,
metals, and pearls); watches; services and additional costs
(such as installation charges, warranties, shipping, or
memberships); rate and precious coins; used, altered, rebuilt
and refurbished items; custom-built items, cellular phones;
pagers; compact discs; digital video discs; mini discs;
audiotapes; videotapes; computer software; firmware (such as
console games, Nintendo, etc.); maps; books of any kind;
health care items (such as blood pressure machines and
diabetes equipment); formal wear; tickets of any kind;
motorized vehicles (such as cars, trucks, motorcycles, boats, or
airplanes) and their parts; land and buildings; firearms;
ammunition; negotiable instruments (such as promissory
notes, stamps and travelers checks); cash and its equivalent;
and items permanently affixed to home, office, vehicles, etc.,
(such as garage door openers, car alarms).
If you have any questions regarding a Return Protection
Request or the Return Protection program, please call our
Customer Service Department at 1-800-297.8019.
The information below summarizes the terms and
conditions of the Extended Warranty plan (formerly the
Buyer's Assurance Plan). Extended Warranty is underwritten
by AMEX Assurance Company, Administrative Office, Green
Bay, WI. Coverage is determined by the terms, conditions, and
exclusions of Policy AX0953 and is subject to change with
notice. This document does not supplement or replace the
Policy. Please calf as at the number on back of your
American Express Card for a complete copy of your terms
and conditions. Extended Warranty will extend the terns of
the original manufacturers warranty for a period of time equal
to the duration of the original manufacturer's warranty, up to
one (1) additional year (Centurion Cardmembers up to three
(3) additional years) on warranties of five (5) years or less that
are eligible in the United States of America.
Description of Benefits
Where a loss has occurred during this plan's extended
warranty time period of up to one (1) additional year
(Centurion Cardmembers up to three (3) additional years), we
will provide a benefit equal to the coverage of the original
manufacturers warranty on warranties of up to five (5) years.
We will pay up to the actual amount charged to you account
for the product for which a loss is claimed, but not to exceed
$10,000. If the product also is covered by a purchased service
contract, this plans extended warranty time period begins at
the end of the service contract and extends the original
manufacturers warranty for a period of time equal to that
warranty, up to one (1) additional year (Centurion
Cardmembers up to three (3) additional years). If the
combined coverage of the original manufacturers warranty
and the purchased service contract exceed five (5) years, the
product purchased is not eligible under this plan and no
coverage apples. Extended Warranty does not reimburse for
shipping and handling expenses or installation, assembly,
professional advice, maintenance or other service charges. If
you experience more than one loss in a calendar year, we will
pay an amount not to exceed $50,000 for all losses in a
calendar year. Our benefit payment will not include any
product rebates, discounts or mousey received from the lowest
price comparison programs that reduced the original cost of
the property.
Exclusions
Benefits are no payable if the loss for which coverage is
sought was directly or indirectly, wholly or partially,
contributed to or caused by: 1. any physical damage,
including, but not limited to, damage as a direct result of
natural disaster or a power surge, except to the extent the
original manufacturer's warranty covers such damage; 2.
mechanical failure covered under product recall; or 3. fraud or
abuse or illegal activity of any kind by the cardmembec
Purchases Not Covered
The following are no covered: 1. products covered by an
unconditional satisfaction guarantee; 2. motorized vehicles
(including, but not limited to, passenger cars, trucks,
motorcycles, boats, airplanes) and their parts, subject to high
risk, combustible, wear and tear or mileage stipulations
(including, but not limited to, batteries, carburetors, pipes,
hoses, pistons, brakes, tires, or mufflers); 3. motorized devices
and their parts used for agriculture, landscaping, demolition or
construction; 4. motorized devices and their parts which are
permanent additions or fixtures to a residential or commercial
building-, 5. business futures, including, but not limited to, air
conditioners, refrigerators, heaters; 6. land or buildings; 7.
consumable or perishable items; 8. animals or living plants; 9.
more than one article in a pair or set. Coverage will be limited
to no more than the value of any particular part or parts,
unless the articles are unusable individually and cannot be
replaced individually, regardless of any special value they may
have had as part of a set or collection; 10. items still under
installment billing; 11. additional service contract or extended
warranty coverage for a computer. computer component or
part that you buy which already comes with an original United
States of America manufacturers warranty, unless such
coverage is provided and administered by the original
manufacturer; and 12. items purchased for resale, professional,
or commercial use (this does not apply to OPEN
Cardmembers).
General Provisions
Excess Coverage
If any loss under this policy is insured under any other
valid and collectible policy, then this policy shall cover such
loss, subject to its exclusions, conditions, provisions and other
terms herein, only to the extent that the amount of such loss is
in excess of the amount of such other insurance which is
payable or paid.
Termination or Cancellation
Coverage will cease on the earliest of the following: L the
date you no longer maintain a permanent residence in the 50
United States of America, the District of Columbia, Puerto Rico
or the U.S. Virgin Islands; 2. the date we determine that you or
someone on your behalf intentionally misrepresented or fraud
occurred; 3. the date the policy is cancelled; 4. the date you arc
no longer a cardmember; 5. the date your account ceases to be
current and in good standing; or 6. the date the plan is not
available in the location where you maintain a permanent
residence. Termination or cancellation of coverage will not
prejudice any claim originating prior to termination or
cancellation subject to all other terms of the policy. The
company has the right to cancel the policy at any time by
sending a written notice at least forty five (45) days in advance
to you at your last known address. The notice will include the
reason for cancellation.
Farm Numbers
EW-DOC-CCSG102/07, LW-DOC-CCSG2 02/07, EW-
DOC-OSBN102/07, EW-D0C-OSBN202/07
Applicable for Residents of the State of Alaska
Form Number: PP/EW-RDRI-AK 06/07
Applicable for Residents in the States of Arizona and
Indiana
Form Numbers: EW-IND-CCSG107/07, EW-IND-CCSG2
07/07, EW-IND-OSBN107/07, EW-IND-OSBN2 07/07
Applicable for Residents of the State of Kentucky
Fonts Number: PP/EW-RDRI-KY 05/07-In the
Termination or Cancellation section: The company has the
right to cancel the polity at any time by sending a written
notice at least seventy-five (75) days in advance to you at your
last known address.
Applicable for Residents of the State of Oklahoma
Form Number: PP/EW-RDRI-OK 07107-The following is
added to your Description of Coverage: WARNING: Any
person who knowingly, and with intent to injure, defraud Of
deceive any insurer, makes any claim for the proceeds of an
insurance policy containing any false, incomplete or
misleading information is guilty of a felony.
Applicable for Residents of the State of Oregon
Form Number EW-RDRI-OR 05/07-In the Exclusions
section the following is removed: 3. fraud or abuse or illegal
activity of any kind by the cardmember;
Applicable for Residents of the State of South Dakota
Form Number: PP/EW-RDRI-SD 05107
Applicable for Residents of the State of Texas
Form Number: F.W-IND-TX 07/07
Applicable for Residents of the State of Vermont
Form Number: PP/EW-RDRI-VT 05/07
Description of Coverage
Underwritten by AMEX Assurance Company,
Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay,
WI 54304
Purchase Protection provides coverage for Your purchases
for ninety (90) days from the date of purchase when You
charge any portion of the price of the purchased item to Your
Account. You will be reimbursed only for the amount charged
to Your Account. (See Description of Benefits section.)
Definitions
Certain words used in this Description of Coverage are
capitalized throughout and have special meanings. Wherever
used herein, the singular shall include the plural, the plural
shall include the singular, as the context requires.
Account means Your American Express Card Account.
Cardmember means a person who has been issued a
United States of America based proprietary American Express
Card, which is Current and in Good Standing, and who has a
Permanent Residence in the 50 United States of America, the
District of Columbia, Puerto Rico or the U.S. Virgin Islands.
Covered Incident means the theft of, or damage, whether
by accident or vandalism, to any one item of property
purchased worldwide as a gift or for personal or business use
and charged to Your Account.
Company means AMEX Assurance Company, and its duly
authorized agents.
Current and in Good Standing means a Cardmember
Account for which the monthly minimum requirement has
been paid prior to the date in which the claim is payable.
Master Policyholder means American Express Travel
Related Services Company, Inc.
Permanent Residence means the one primary dwelling
place where the Cardmember resides and to which they intend
to return.
Plan means the Policy and the benefits described therein.
Platinum Cardmember means a Cardmember who has a
Platinum Charge Card (required to be paid in full monthly), a
Corporate Platinum Card, or a Fidelity American Express
Platinum Card. Any other Card which may reference the
Platinum name or has Platinum colored plastic will not receive
higher coverage limits or benefits.
Policy means the Group Insurance Master Policy (AX0951
issued to American Express Travel Related Services Company,
Inc.).
We, Us, Our means the Company.
You, Your means the Cardmember.
Description of Benefits
We will pay You the expense charged to Your Account up to
$ 1,000 for any one Covered Incident and up to $50,000 for all
Covered Incidents during a calendar year. Purchase Protection
provides benefits, for ninety (90) days from the date of
purchase, if a Covered Incident occurs with respect to property
You purchased and charged to Your Account Our benefit
payment will not include shipping and handling expenses or
installation, assembly, professional advice, maintenance or
other service charges or any product rebates, discounts or
money received from lowest price comparison programs that
reduced the original cost of the property.
Our payment of any eligible benefit amount is further
contingent upon Your Account being Current and in Good
Standing.
Only a Cardmember has a legal and equitable right to any
insurance benefit that may be available under this Plan.
Exclusions
Benefits are no payable if the loss for which coverage is
sought was directly or indirectly, wholly or partially,
contributed to or caused by:
1. war or any act of war, whether declared or undeclared,
2. any activity directly related to and occurring while in
the service of any armed military force of arty nation state
recognized by the United Nations;
3, participation in a riot, civil disturbance, protest or
insurrection;
4, violation of a criminal law, offense or infraction;
5. natural disasters, including, but not limited to,
hurricanes, floods, tornados, earthquakes or any other event in
FDR 974934
the course of nature, that occurs at the same time or in separate
instances;
6. fraud or abuse or illegal activity of any kind by the
Cardmember;
7, confiscation by any governmental authority, public
authority, or customs offhciak
8. negligent failure of a duty to care by any third party in
whose possession the property purchased by a Cardmember
has been temporarily placed;
9. not being reasonably safeguarded by You;
10. theft from baggage not carried by hand and under Your
personal supervision or under the supervision of a traveling
companion known by Your
11. damage through alteration (including, but not limited
to, cutting, sawing and shaping);
12. normal wear and tear, inherent product detect or
manufacturer's defects or normal coarse of play;
13, damage or theft while under the care and control of a
common carrier;
14, food spoilage; or
15. leaving property at an unoccupied construction site.
For residents of Washington, the first paragraph of this
section is removed and replaced with tie following: We will
not pay for loss caused by any of the excluded events described
below. Loss will be considered to have been caused by an
excluded event if tie occurrences of that event directly and
solely results in loss, or initiates a sequence of events that result
in loss, regardless of the nature of airy intermediate or final
event in that sequence.
Purchases Not Covered
The following purchases are not covered:
1. travelers checks, tickets of any kind, negotiable
instruments (including, but not limited to, gilt certificates, gift
cards and gift checks), cash or its equivalent;
2, animals or living plants;
3. rare stamps or coins;
4. consumable or perishable items with limited life spans
(including, but not limited to, perfume, light bulbs, batteries);
5. antique or previously owned items;
6. motorized vehicles and watercraft, aircraft, and
motorcycles or their motors, equipment, parts or accessories;
7. stolen or damaged property consisting of articles in a
Fair or set Coverage will be limited to no more than the value
of any particular part or parts, unless the articles are unusable
individually and cannot be replaced individually, regardless of
any special value they may have had as part of a set or
collection;
8. items purchased for resale, professional, or commercial
use;
9. permanent household and/or business fixtures,
including, but not limited to, carpeting, flooring and/or tile;
10. business fixtures, including, but not limited to, air
conditioners, refrigerators, heaters; and
11. hospital, medical and dental equipment and devices.
Claims Provisions
If You experience a loss for which You believe a benefit is
payable under this Plan, You must provide both Notice of
Claim and Proof of Loss.
To insure prompt processing of Your claim, report any theft
or damage immediately following the date of the Covered
Incident, including for gifts purchased with the Card. Retain
Your receipts and Your damaged property (if applicable) until
the claim process is complete.
Notice of Claim
Notice of Claim should be provided to Us within thirty (30)
days of the loss. You may contact Us by calling toll-free
stateside t-SM-322-1277 or, if from overseas, by calling collect
1-303-273-6498. You mayalso write to Us at Purchase
Protection, PO Box 402, Golden, CO 80402.0402.
Failure to provide Notice ol'Claim within thirty (30) days
will not invalidate a claim or reduce any benefit payment that
may be found to be eligible, if it can be shown that it was
provided as soon as reasonably possible. At the time You
provide Us with Notice of Claim, We will assist You with Your
Proof of Loss by providing You with instructions and/or
documents, which You may have to complete and return to Us.
You are required to cooperate with Us and provide
documentation as requested by Us which is required and
necessary to process Your claim and determine if benefits are
payable.
For residents of Missouri, no claim will be denied based
upon Your failure to provide notice within such specified time,
unless this failure operates to prejudice the right of Us.
Proof of Loss
Proof of Loss requires You to send Us all the information
We request, at Your expense, in order that Your claim may be
evaluated and that We may make a determination as to
whether the claim may be paid. You must provide Us with
satisfactory Proof of Loss within thirty (30) days (for residents
of North Dakota sixty (60) days) after We have provided You
with instructions and/or a claim form in response to Your
Notice of Claim or Your claim maybe denied. Your Proof of
Loss documentation may be mailed to Us at the same address
provided above for mailing Your Notice of Claim. We reserve
the right to request all the information We deem necessary to
determine that Your claim is payable, and We will not consider
that We have received complete Proof of Loss until the
information We have requested is received.
Proof of Loss may require documentation consisting of, but
not necessarily limited to, the following:
1. a Purchase Protection Claim Form;
2. the original itemized store receipt;
3. the insurance declaration forms for Your other sources
of insurance or indemnity (e.g., homeowners or renter's
insurance);
4, a photograph of and/or repair estimate for the damaged
property; and
5, for theft and vandalism claims, a report regarding the
stolen or vandalized property must be filed with the
appropriate authority before You call to file a claim under
Purchase Protection.
No payment will be made on claims not substantiated in
the manner required by Us.
If all required documentation is not received within thirty
(30) days (for residents of North Dakota sixty (60) days) of the
date of the Covered Incident (except for documentation which
has not been furnished for reasons beyond Your control),
coverage may be denied. It is Your responsibility to provide all
required documentation We request.
You may be required to send in the damaged property at
Your expense for further evaluation of Your claim. If
requested, You must send in the damaged property within
thirty (30) days (for residents of North Dakota sixty (60) days)
from the date of Our request to remain eligible for coverage.
Payment of Claim
A claim for benefits provided by this Plan will be paid upon
Our receipt and review of Your complete Proof of Loss
documentation and Our determination that a claim is payable
according to the terms of the Platt.
Any payment made by Us in good faith pursuant to this or
any other provision of this Plan will fully discharge Us to the
extent of such payment.
If other insurance is available to You which provides the
same or similar coverage as that provided by this Plan, this
Plan becomes excess and We will pay only that portion of the
Covered Incident benefit which is not reimbursed by otter
insurance up to Our limits, as provided under the Description
of Benefits section.
General Provisions
Change of Permanent Residence
If the change is to a different state, Your Policy provisions
may be adjusted to conform to the requirements of that state.
Clerical Error
A clerical error made by the Company will not invalidate
insurance otherwise validly in force nor continue insurance
not validly in force.
Conformity with State and Federal Law
If a Plan provision does not conform to applicable
provisions of State or Federal law, the Plan is hereby amended
to comply with such law.
Entire Contract; Representation; Change
This Description of Coverage, the Policy and any
applications, endorsements or riders make up the entire
contract. Any statement You make is a representation and not
a warranty. This Description of Coverage may be changed at
any time by written agreement between the Master
Policyholder and the Company. Only the President, Vice-
President or Secretary of AMEX Assurance Company may
change or waive the provisions of the Description of Coverage.
No agent or other person may change the Description of
Coverage or uraive any of its terms. This Description of
Coverage may be changed at any time by providing notice to
You. A copy of the Polity will be maintained and kept by the
Master Policyholder and may be examined at any time.
Excess Coverage
If any loss under this Policy is insured under any other
valid and collectible polity, then this Policy shall cover such
loss, subject to its exclusions, conditions, provisions and other
terms herein, only to the extent that the amount of such loss is
in excess of the amount of such other insurance which is
payable or paid.
Fraud
If any request for benefits made under the Plan is
determined to be fraudulent, or if any fraudulent means or
devices are used by You or by anyone acting on Your behalf to
obtain benefits, all benefits will be forfeited.
We do not provide coverage to a Cardmember who,
whether before or after a loss, has: 1. concealed or
misrepresented any fact upon which we rely, if the
concealment or misrepresentation is material and is made with
the intent to deceive; or 2. concealed or misrepresented any
fact if the fact misrepresented contributes to the loss.
Legal Actions
No legal action may be brought to recover against this Plan
until sixty (60) days after Proof of Loss has been received by
Us. No such action may be brought after three (3) years (for
residents of Arkansas five (5) years and residents of Missouri
ten (10) years) from the time written Proof of Loss is required
to be given.
If a time limit of this Plan is less than allowed by the laws of
the state where You live, the limit is extended to meet the
minimum time allowed by such law.
Right of Recovery
If We make a payment to You under this Plan and You
recover an amount from another, equal to or less than Our
payment, You shall hold in trust for Us the proceeds of the
recovery and reimburse Us to the extent of Our payment If
Our payments exceed the maximum amount payable under the
benefits of this Plan, We have the right to recover from You any
amount exceeding the maximum amount payable.
Subrogation
In the event of any payment under this Policy. We shall be
subrogated to the extent of such payment to all Your rights of
recovery. You shall execute all papers required and shall do
everything necessary to secure and preserve such rights,
including the execution of such documents necessary to enable
Us to effectively bring suit or otherwise pursue subrogation
rights in Your name. You shall do nothing to prejudice such
subrogation rights.
We shall be entitled to a recovery as stated in these
provisions only after You have been fully compensated for
damages by another party.
For residents of Louisiana, the Right of Recovery,
Subrogation and Excess Coverage sections are revised to
reflect: If the Company makes any payment under this Policy
and the Cardmember has the tight to recover damages from
another, the Company shall be subrogated to that right
However, the Company is right to recover is subordinate to the
Cardmembees right to be fully compensated.
Termination or Cancellation
Coverage will cease on the earliest of the following: 1. the
date You no longer maintain a Permanent Residence in the 50
United States of America, the District of Columbia, Puerto Rico
or the U.S. Virgin Islands; 2. the date We determine that You or
someone on Your behalf intentionally misrepresented or fraud
occurred; 3. the date the Policy is cancelled; 4. the date You
are no longer a Cardmember; 5. the date Your Account ceases
to remain Current and in Good Standing; or 6. the date the
Plan is not available in the location where You maintain a
Permanent Residence.
Termination or Cancellation of coverage will not prejudice
any claim originating prior to termination or cancellation
subject to all other terms of the Policy.
The Company has the right to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
Important Additional Information For You
For those eligible and enrolled in the Membership
Rewards' program, benefits are also paid when the purchased
FDR 974934
-. r
property is received through the redemption of a Membership
Rewards redemption certificate. Payment or credit will not
exceed the original assigned value of the property received
through redemption of a Membership Rewards redemption
certificate up to the stated limits, excluding shipping and
handling expenses. Benefits will not be paid when a
Membership Rewards redemption certificate has been
transferred to a non-eligible Cardmember or non-
Cardmembers.
This Description of Coverage replaces any other
Description of Coverage that You may have previously received
for Purchase Protection.
This Description of Coverage is an important
document. Please read it and keep it in a safe place.
IN WITNESS WHEREOF, We have caused this Description
of Coverage to be signed by Our officers:
'.a
Joy A. Hanson, President John M. Collins, Secretary
AMEX Assurance Company AMEX Assurance Company
PP-DOC-CCSG102/07
Applicable for Residents of the State of Kentucky
In the Termination or Cancellation section the following
is removed:
The Company has the right to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
And replaced with the following:
The Company has the right to cancel the Policy at any time
by sending a written notice at least seventy-five (75) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
PP/EW-RDRI-ICY 05!07
Applicable for Residents of the State of Oregon
In the Exclusions section the following are removed: 4.
violation of a criminal law, offense or infraction; 6. fraud or
abuse or illegal activity of any kind by the Cardinumber,
The Proof of Loss section is hereby removed in its entirety
and replaced with the following:
Proof of Loss
Proof of Loss requires You to send Us all the information
We request, at Your expense, in order that Your claim may be
evaluated and that We may make a determination as to
whether the claim may be paid. You must provide Us with
satisfactory Proof of Loss within ninety (90) days after We have
provided You with instructions and/or a claim form in
response to You Notice of Claim or Your claim may be denied.
Your Proof of Loss documentation may be mailed to Us at the
same address provided above for mailing Your Notice of Claim.
We reserve the right to request all the information We deem
necessary to determine that Your claim is payable, and We will
not consider that We have received complete Proof of Loss
until the information We have requested is received.
Proof of toss may require documentation consisting of, but
not necessarily limited to, the following: 1. Purchase
Protection Claim Form; 2. the original itemized store receipt;
3. the insurance declaration forms for Your other sources of
insurance or indemnity (e.g., homeowners or renter's
insurance); 4. a photograph of and/or repair estimate for the
damaged property; acid 5. or theft and vandalism claims, a
report regarding the stolen or vandalized property must be
filed with the appropriate authority before You call to file a
claim under Purchase Prouction.
No payment will be made on claims not substantiated in
the manner required by Us.
If all required documentation is not received within ninety
(90) days of the date of the Covered Incident (except for
documentation which has not been furnished for reasons
beyond Your control), coverage may be denied. It is Your
responsibility to provide all required documentation We
request.
You may be required to send in the damaged property at
Your expense for further evaluation of Your claim. If
requested, You must send in the damaged property within
ninety (90) days from the date of Our request to remain eligible
for coverage.
PP-RDRI-OR 05/07
FDR 974934
Applicable for Residents of the State of South Dakota
The Legal Actions section is hereby removed in its entirety
and replaced with the following:
Legal Actions
No legal action may be brought to recover against this Plan
until sixty (60) days after proof of Loss has been received by
Us. No such action may be brought after sirs (6) years from the
time Proof of Loss is required to be given.
PP/F.W-RDRI-SD 05/07
Applicable for Residents of the State of Vermont
in the Termination or Cancellation section the following
is removed:
The Company has the right to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to You at Your last known address. The notice will
include the reason for cancellation.
And replaced with the following:
The Company has the right to cancel the Policy by sending
a written notice at least forty five (45) days in advance to You at
Your last known address. The notice will include the reason
for cancellation.
PP/F.W-RDRI-VT 05107
Applicable for Residents of the State of Alaska
The opening paragraph in the Exclusion section is
removed in its entirety and replaced with the following which
is added and made part of the Description of Coverage:
These exclusions do not apply if the dominate cause of a
loss is a risk or peril that is not otherwise excluded. Benefits
are not payable if the loss for which coverage is sought was
directly or indirectly, wholly or partially, contributed to or
caused by:
The Legal Actions section is hereby removed in its entirety
and replaced with the following which is added and made part
of the Description of Coverage:
Legal Actions
No legal action may be brought to recover against this Plan
until sixty (60) days after Proof of Loss has been received by
Us. No such action may be brought after three (3) years from
the time Proof of Loss is required to be given. Hthere are any
claims the three year timeframe does not begin to run until
after the claim has been denied.
PP/EW-RDR i-AK 06/07
Applicable for Residents of the State of Oklahoma
The following is added to your Description of Coverage:
WARNING: Any person who knowingly, and with intent to
injure, defraud or deceive any insurer, makes any claim for the
proceeds of an insurance policy containing any false,
incomplete or misleading information is guilty of a felony.
PP/F.W-RDRI.OK 07!07
The following form numbers are applicable to residents in
the following states:
Arizona and Indiana, Form Numbers: PP-IND-CCSG 1
07107, PP-IND-CCSG2 07/07, PP-IND-OSBN107/07, PP-IND-
OSBN2 07/07
Texas, Form Number: PP-IND-TX 07/07
Travel Accident Insurance is underwritten by AMEX
Assurance Company, Administrative Office, Green Bay, WI.
Coverage is determined by the terms, conditions, and
exclusions of Policy AX0948 and is subject to change with
notice to you. This document does not supplement or replace
the Policy. Please call us at the number at 1-800-437-9209
for a complete copy of your terms and conditions or if you
need to file a claim.
Travel Accident Insurance provides accidental death and
dismemberment insurance while traveling on a Common
Carrier Conveyance (plane, train, helicopter, ship, or bus)
when the entire fare has been charged to the Card. As a benefit
of Cardmembership, the Covered Person will receive a benefit
level of coverage depending on the type of American Express
Card account to which the entire fare for the Common Carrier
Conveyance was charged for the covered trip. Covered Persons
include the basic Cardmember, each additional Cardmember,
and each of these Cardmembees spouses or domestic partners
and dependent children under 23 years of age. All Covered
Persons must have a permanent residence within the 50 United
States of American or the District of Columbia. Allother
persons are not Covered Persons under the Policy.
The capitalized terms used herein shall have the meaning
assigned to such terms in the Policy. Please note that certain
terms contained in this summary are defined within the full
policy document.
Description of Benefits
Accidental Death and Accidental Dismemberment. The
Plan provides coverage for accidental death and
dismemberment due to a loss from an injury while coverage is
in force under the Policy, but only if such kiss occurs within
100 days after the date oldie accident which caused the injury.
If more than one loss is sustained, benefits will be paid for the
greatest loss.
Benefits are paid according to the following schedule:
• Loss of Life - 100%
• Loss of both hands or both feet -100%
• Loss of one hand and one foot - 100%
• Loss of entire sight of both eyes -100%
• Loss of entire sight of one eye and one hand or one foot -
100%
• Loss of one hand or one foot - 50%
• Loss of the entire sight of one eye - 50%.
Common Carrier Benefit This benefit is payable if the
Covered Person sustains accidental death or dismemberment
as a result of an accident which occurs while riding solely as a
passenger in, or boarding, or alighting from, or being struck by
a Common Carrier Conveyance on a covered trip.
Exposure and Disappearance. If the Covered Person is
unavoidably exposed to the elements because of an accident on
a covered trip which results in the disappearance, sinking or
wrecking of the common carrier conveyance, and if as a result
of such exposure, the Covered Person suffers a loss for which
benefits are otherwise payable under the Policy, such loss will
be covered under the Policy; if die Covered Person's body has
not been found within 52 weeks after the date of such accident,
it will be presumed, subject to there being no evidence to the
contrary, that the Covered Person suffered loss of life as a result
of injury covered by the Policy
Beneficiary
The Basic Cardmember may designate a beneficiary or
change a previously designated beneficiary for himself or
herself and his or her spouse or domestic partner and
dependent children who are not Additional Cardmembers. An
Additional Cardmember may designate a beneficiary or
change a previously designated beneficiary for himself or
herself and his or her spouse or domestic partner and
dependent children who are not also the Basic Cardmemben
the Basic Cardmember's spouse or domestic partner or
children, or Additional Cardmembers. If no beneficiary is
designated benefits will be paid to the surviving person or
equally to the surviving persons in the first of the following
classes: spouse or domestic partner; children, equally per
stirpes; and the estate.
Exclusions
The Policy contains the following exclusions:
suicide or self-destruction or any attempt thereat, while
sane or insane; intentionally self-inflicted injury, suicide or any
attempt thereat, while sane
• war or any act of war whether declared or undeclared;
however, any act committed by an agent of any government,
party, or faction engaged in war, hostilities, or other warlike
operations provided such agent is acting secretly and not in
connection with any operation of armed forces (whether
military, naval or air forces) in the country where the injury
occurs shall not be deemed an act of war
• injury to which a contributory cause was the commission
of or attempt to commit an illegal act by or on behalf of the
Covered Person or his/her beneficiaries
injury received while serving as an operator or crew
member of arty conveyance
• injury received while driving, riding as a passenger in,
boarding or alighting from a rental vehicle
• injury received during or as a result of commutation
• sickness, physical or mental infirmity, pregnancy, or any
medical or surgical treatment for such conditions, unless
treatment of the condition is required as the direct result of an
injury.
'termination or Cancellation
Coverage under the Policy will cease on the earliest of the
following:
• the date the Covered Person no longer maintains a
permanent residence in the 50 United States of America or ruse
District of Columbia
• the date we determine that the Covered Person or
someone on the Covered Persons behalf intentionally
misrepresented or fraud occurred
• the date the policy is cancelled
. the date the basic Cardmember s account ceases to remain
current and in good standing
. the date the Plan is not available in the location where the
Covered Person maintains a permanent residence.
The Company has the right to cancel the Policy at any time
by sending a written notice at least forty five (45) days in
advance to you at your last known address. The notice will
include the reason for cancellation.
Form Numbers TAI-DOC 03/07
Forms in addition to those listed above are also
applicable to residents In the following states:
Connecticut, Form Number: TAI-RDRI-CT 03107
Illinois, Form Number: TAI-RDRI-IL 03107
Kansas, Form Number. TAI-RDRI-KS 03107
Maine, Form Number: TAI-RDRI-ME 03107
Minnesota, Form Number: TAI-RDRI-MN 03/07. In the
Exclusions section the following replaces the exclusion
regarding illegal acts: injury in which a contributory cause was
the commission of or attempt to commit a felony by or on
behalf of the Covered Person or his beneficiaries.
Nevada, Form Number: TAI-RDRI-NV 03/07. In the
Termination and Cancellation section the forty five (45) day
advance written notice is replaced by a sixty (60) day advance
written notice.
New York, Form Number TAI-RDRI-NY 03/07. Covered
Persons does not include language requiring a permanent
residence within the 50 United States of American or the
District of Columbia. The following replaces the exclusions
found in the Exclusion section:
• suicide, attempted suicide or intentionally self-inflicted
injury
• war or any act of war, whether declared or undeclared;
participation in a felony, riot or insurrection; service in the
Armed Faces or units auxiliary thereto
• injury in which a contributing cause was the Covered
Persons commission of or attempt to commit a felony or to
which a contributing cruse was the Covered Person's being
engaged in an illegal occupation
sickness, except for an infection that was tine result of an
Injury
. mental or emotional disorder
• pregnancy, except complications of pregnancy and except
to the extent coverage is required pursuant to Section 3221 of
the New York Insurance Law
• the consequence of the Covered Person's being
intoxicated or under the influence of any narcotic unless
administered on the advice of a physician.
In the Termination and Cancellation section the following
is removed in its entirety: the date the Covered Person no
longer maintains a permanent residence in the 50 United
States of America or the District of Columbia.
In the Termination and Cancellation section the following
replaces the language regarding misrepresentation or fraud:
the date we determine that the Covered Person or someone on
the Covered Persons behalf intentionally misrepresented or
fraud occurred in a written instrument signed by the Covered
Person.
North Carolina, Form Number: TAI-RDRl-NC 03/07
Oklahoma, Form Number: TAI-RDRI.OK 03/07. In the
Exclusions section the following replaces the exclusion
regarding war: war or act of war, declared or undeclared, while
serving in the military service or any auxiliary unit attached
thereto.
Texas, Form Number: TAI-RDRI-TX 03/07. Covered
Persons include dependent children under 25 years of age who
are stepchildren; adopted or a party to a suit to be adopted
children; grandchildren who are unmarried and dependent on
the Cardmember for tax purposes at the time the application
for coverage is made; and physically or mentally handicapped
children who are unmarried, cannot self-support themselves,
and are beyond the termination age.
Vermont, Form Number TAI-RDRI-VT 03/07. In the
Exclusions section the following replaces the exclusion
regarding suicide: suicide or self-destruction or any attempt
thereat, while sane; intentionally self-inflicted injury, suicide
FDR 974934
or any attempt thereat, while sane. In the Exclusions section
the following replaces the exclusion regarding specific
conditions: sickness, physical infirmity, pregnancy, or any
medical or surgical treatment for such conditions, unless
treatment of the condition is required as the direct result of an
injury.
ill
III 111?11117111n BAD
Description of Coverage
Car Rental Loss and Damage Insurance provides the
Cardmember, if the Cardmember is the primary renter, (as
defined below) with insurance coverage for damage to or theft
of most Rental Autos when the Cardmember uses the Card (as
described below) to reserve and pay for an auto rental from
any Commercial Car Rental Company ("Rental Company")
other than those located in Australia, Ireland, Israel, Italy,
Jamaica, and New Zealand.' This coverage is always excess
insurance.
Rental Auto means a four-wheeled, two-axle passenger-
type motor vehicle, designed for and sold to accommodate
private passenger transport on public roads.
Who is Eligible for Coverage
You are eligible for coverage if
t. You are a Basic or Additional Cardmember and an
American Fxpress" Card or Optima` Card in association with
that Card (the "Card") has been issued to you in your name;
2. You are of an account status and class Aaat is provided
Car Rental Loss and Damage Insurance as a benefit of
Cardmembership (°Cardmember");
3. Your Card account is billed from a U.S. operating center
in U.S. dollars; and
4. You maintain your Permanent Residence within the 50
United States of America, the District of Columbia, Puerto Rico
or the U.S. Virgin Islands.
Permanent Residence means the Covered Persons one
primary dwelling place where the Covered Person permanently
resides and intends to return.
A Personal, Gold, or Rewards Plus Gold Cardmember 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 not
eligible for benefits under this Policy.
Commercial Car Rental Company or Car Rental
Company means any commercial car rental agency which
rents Rental Auto.0 For the purposes of this Description of
Coverage, Commercial Car Rental company means "Rental
Company"
How to Activate Coverage
Coverage for theft of or damage to a Rental Auto is
activated when the Cardmember:'
1. presents his or her eligible Card to the Rental Company
to reserve the Rental Auto by making a reservation; or by
placing a hold or deposit at the time the Rental Auto is checked
out;
2, declines the full Collision Damage Waiver or similar
option (CDW ), or pays for a partial collision damage waiver,
offered by the Rental Company;
3, is the primary renter, which is defined as the
Cardmember, who is named on the written agreement with the
Rental Company as the person renting and taking control and
possession 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 effect while the Cardmember
remains in control and possession of the Rental Auto. A
Cardmember, who is physically challenged and unable to
operate the Rental Auto, may he the Primary Renter if he/she is
the Cardmember entering into the rental transaction.
When Coverage Terminates
Coverage for theft of or damage to the Rental Auto
terminates when:
t. the Rental Company resumes control of the Mental
Auto, or 30 consecutive days after the Rental Auto was checked
out, whichever is earlier; or
2. the Policy us cancelled.
Length of Coverage
Car Rental Loss and Damage Insurance covers eligible
Rental Autos when rented under a written rental agreement
from a Rental Company for no more than 30 consecutive days.
Note: in no event shall coverage be provided when the
Cardmember rents it Rental Auto beyond 30 consecutive days
from the same Rental Company, regardless of whether the
original agreement is extended, or a new written agreement is
entered into, or o new vehicle is rented.
Additionally, no coverage will be provided when the
Primary Renter rents a Rental Auto for more than 30
consecutive days out of a 45-day period within the same
geographic market/location (75 mile radius).
WTrat is Covered
Car Rental Loss and Damage Insurance reimburses a
Cardmember for payments for damage to or theft of a Rental
Auto that the Cardmember is required to make, up to the lesser
of. 1) the actual cost to repair the Rental Auto, 2) the wholesale
Book value minus salvage and depreciation costs, or 3) the
purchase invoice price of the Rental Auto minus salvage and
depreciation costs. The coverage also reimburses the
Cardmember for reasonable charges (those charges incurred at
the closest facility that are usual and customary in the vicinity
in which the loss or disablement took place) imposed by the
Rental Company, such as towing or storage and Loss of Use.
Loss of Use means the unavailability of a Rental Auto and
consequent loss of revenue by the Rental Company due to
damage or theft. Unless otherwise required by law, the Rental
Company must submit a fleet utilization log indicating that
during such time:
1, no other Rental Auto was available; and
2. there was a demand for a Rental Auto.
Car Rental Loss and Damage Insurance covers no other
type of loss. For example, in the event of a collision involving
the Cardmembees Rental Auto, damage to any other driver's
car or the injury of anyone or anything is not covered.
Note: This policy does nor provide liability or any other
coverage such as Uninsured Motorists, benefits under any
Worker's Compensation law, Disability benefits law or other
mandated Government Plans.
What Excess Coverage Means
Car Rental Loss and Damage Insurance is an excess
insurance plan. This means that this excess coverage will
reimburse the Cardmember only for losseslexpenses not
covered by plans, such as a partial collision damage waiver, any
personal auto insurance, employer's auto insurance or
reimbursement plan or other sources of insurance. When these
other plans apply, a Cardmember must first seek payment or
reimbursement and receive a determination based on the
stated terms of such other Plans, that any such Plans do not
provide coverage before this excess coverage will reimburse the
Cardmember.
Vehicles Not Covered
Car Rental Loss and Damage Insurance does not cover
rentals of
1, expensive cars, which means cars with an original
manufacturer's suggested retail price of $50,000 or more when
new;
2. exotic cars regardless of year or value, including but not
limited to Chevrolet Corvette, Toyota Supra, Mazda RX-7,
Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000
GT, Nissan 300 7X, Jaguar XIS, Acura NSX, Mercedes SL. SLK,
S Coupe and E320 Coupe and Convertible, BMW M3, Z3 and 8
Series, Cadillac Allante and all Porsche, Ferrari, Lamborghim,
Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra,
Bentley, Rolls Royce;
3. trucks, pick-ups, cargo vans, custom vans;
4. full-sized vans, including but not limited to, Ford
Econoline or Club Wagon, Chevy Van or Sportvan, GMC
Vandura and Rally, Dodge Ram Vans and Ram Wagon;
5. vehicles which have been customized or modified from
the manufacturer's factory specifications except for driver's
assistance equipment for the physically challenged;
6. vehicles used for hire or commercial purposes;
7. mini-raps used for commercial hire;
Note: Passenger Mini-Vans (not Cargo Mini-Vans) with
factory specified seating capacity of 8 passengers or less
including but not limited to, Dodge Caravan, Plymouth Voyager,
Ford Windstar and Nissan Quest, are covered when rented for
persomd or business use only.
8, antique cars, which means cars that are 20 years old or
have not been manufactured for 10 or more years;
9. limousines;
10, full-sized sport utility vehicles, including but not
limited to, Chevrolet/GMC Suburban, Tahoe and Yukon, Ford
Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus
LX450, Range Rover or full-sized Ford Bronco;
11. sport/atility vehicles when driven "off-road"; and
Note Compact sport/utility vehicles, including but not
limited to Ford Explorer, )cep Grand Cherokee, Nissan
Path! ndrr, Toyota Four Runner, Chevrolet Blazer and Isuzu
Tmoper and Rodeo are covered when driven on paved roads.
12. off-road vehicles, motorcycles, mopeds, recreational
vehicles, golf or motorized carts, campers, trailers and any
other vehicle which is not a Rental Autos
Losses Not Covered
Car Rental Loss and Damage insurance does not cover
losses caused by or contributed to by:
1, operation of the Rental Auto in violation of the terms
and conditions of the Rental Company agreement (including
but not limited to losses occurring wizen: a person not
permitted to operate the vehicle pursuant to terms of the rental
agreement was in possession or control of the vehicle, or,
driving the vehicle outside of the authorized rental territory);
2. leased or mini-leased vehicles;
3. costs attributed to the Commercial Car Rental
Company's normal course of doing business;
4, intentional damage;
5. illegal activity, such as losses where die Rental Auto was
used for, or involved in illegal activity or felony;
6. pre-existing conditions, damage or defect;
7. alcohol intoxication on the part of the driver, as defined
in the state where the Accident occurred;
8. voluntarily taking any drug or acting under the
influence or effect of that drug (unless taken as prescribed or
administered by a Doctor);
9. war or military activity;
10. radioactivity;
11, confiscation by authority;
12. wear and tear, including gradual deterioration;
13, damage which is due and confined to freezing,
mechanical or electrical breakdown or failure unless such
damage results from a theft covered by the Policy;
14. failure to return keys to the Rental Company when the
vehicle is stolen;
15. theft or damage to unsecured vehicles;
16. theft of or damage to tires (flats or blowouts), unless
damaged by fire, malicious mischief, vandalism, or stolen,
unless the loss is coincident with and from the same cause as
other loss covered by the Policy; and
17. off-road operation of the vehicle.
Car Rental Las and Damage Insurance floes not cover, and
benefits will not be paid for:
1. sales tax related to repair of damages, unless
reimbursement of such sales tax is required by law;
2. damage to any vehicle other than the Rental Auto;
3. damage to any property other than the Rental Auto,
owner's property, or items not permanently attached to the
Rental Auto;
4. the injury of anyone or anything;
5. expenses assumed, waived or paid for by the Rental
Company or its insurer;
6. expenses covered by the Cardmember's personal auto
insurer, employer or employer's insurer, or authorized driver's
insurer;
7. value added tax or similar tax, unless reimbursement of
such tax is required by law;
8. diminishment of value;
9. any Rental Auto used for hire or commercial purposes;
and
10. depreciation, unless reimbursement for depreciation is
required by law.
How to File a Claim
Notification of damage, including vandalism, theft, or an
accident must be reported to the appropriate law enforcement
agency as soon as reasonably possible. This requirement
applies regardless of whether the Rental Auto is involved with
other vehicles. Failure to notify may result in denial of benefits.
If a loss occurs, a Cardmember should promptly notify the
Car Rental Loss and Damage Claims Unit toll free at
(800) 338-1670 in the U.S. only or call (440) 914-2950 from
FDR 974934
other locations worldwide. If the failure of a Cardmember to
promptly report a loss prejudices the rights of the Insurer, the
claim maybe denied.
A representative will answer any questions a Cardmember
may have and will send die Cardmember a claim form with
instructions. Complete and sign the claim form. Written proof
of loss, which includes the claim form and all other requested
documentation (listed below), must be received within 60 days
following the date of the damage or theft by: American Express
Car Rental Loss and Damage Claims Unit, PO Box, 94729,
Cleveland, Ohio 44101-4729. If the proof of loss and other
documentation is not received within 60 days of the date of
loss, coverage may be denied.
Required documentation may consist of, but is not limited
1. our signed and completed claim form;
2. an itemized repair hill;
3. a copy of charge slip for the rental of the Rental Auto,
Rental Auto contract or machine generated receipt to slow
rental was charged and paid for with an American Express
Card;
4, a police report (if applicable);
5. photos of the damaged vehicle, if available;
6, a copy of the Cardmembees, authorized driver's or
employer's auto insurance coverage, or a notarized letter
stating no insurance;
7. a copy of all claim documents and correspondence,
provided by the Car Rental Company;
8, a copy of the Rental Company's utilization log;
9. a copy of the drivers license of the Cardmember and/or
authorized driver, unless the drivers license number shows on
the rental agreement;
10. a copy of the written rental agreement, front and back,
which documents when the Rental Auto was checked out and
checked in; and
11. information pertaining to other available insurance
coverage(s).
Cardmember cooperation with issues related to their
benefits is required. If all required documentation is not
received within 180 days of the date of loss (except for
documentation which has not been furnished for reasons
beyond the Cardmembees control), coverage may be denied.
How Benefits are Paid
All Car Rental Loss and Damage Insurance payments
reimbursable under the policy are payable to the Cardmember,
except that payment may be made, at the discretion of the
Insurer, jointly to the Cardmember and the Commercial Car
Rental Company when the Car Rental Company has not been
reimbursed for the covered loss or damage, or the
Cardmember has not validly assigned iris/her payments to the
Rental Company or any other party.
Note: Benefits will not be paid if, on the date of loss, on the
date of claim f ling; or on the date of potential claim payment
any amount due on Your Card account is past due or Your ran/
is cancelled'
Rights of Recovery
in the event of a payment under this Policy, the Insurer is
entitled to all the rights of recovery that the Cardmember, to
whom payment was made, has against another. That
Cardmember must sign and deliver to the Insurer any legal
papers relating to that recovery, do whatever else is necessary
to help the Insurer exercise those rights and do nothing after
loss to harm the Insurer's rights.
When a Cardmember or Commercial Car Rental Company
has been paid damages under Policy No. AX0925, and also
recovers from another, the amount recovered from the other
shall be held by that Cardmember or Commercial Car Rental
Company in trust for the Insurer and reimbursed to the extent
of the Insurer's payment.
As a condition precedent to coverage, the Cardmember is
required, and has a duty to fully cooperate with the Insurer in
any investigations, subrogation matters or legal proceedings by
providing copies of any and all legal notices and any and all
statements, including sworn statements and contributing any
other papers and documents to reasonably assist in the
disposition of the legal matter.
Notification of Legal Action
When a Cardmember is served with suit and/or summons
papers relating to a Car Rental Loss and Damage claim, the
Cardmember must notify (see address and phone number
under Claims Notice section) and provide copies of the suit or
summons papers to the Car Rental Loss and Damage claims
unit within 15 days of when the Cardmember is served. Failure
to comply may result in denial of benefits.
Additional Information for You
This coverage is underwritten by AMEX Assurance
Company ("Insurer") through insurance Policy AX0925 (the
"Policy) issued to American Express Travel Related Services
Company, Inc. and its participating subsidiaries, affiliates and
licensees. The Policy may be changed or terminated.
This Description of Coverage is an important document.
Please keep it in a safe place. Although it describes the present
form of insurance as it exists at the time of printing, this
document is not the Policy or contract of insurance. The
benefits described in this document are subject to all of the
terms, conditions and exclusions of the Policy issued by the
underwritec'rhis document replaces any prior Description of
Coverage under the Policy which may have been furnished to
the Cardmember.
Jay A. Hanson, President John M. Collins, Secretary
AMEX Assurance Company AMEX Assurance Company
CRLDI-DOC-CCSG 11/05
1. For those eligible and enrolled in Membership Rewards, if a
Membership Rewards redemption certificate is used, coverage is
provided only to Rental Autos rented in the United States.
2. When used in conjunction with a Membership Rewards
redemption certificate, the participatingCar Rental Companies
are limited to Hertz, National and Budget.
3. If eligible and enrolled in Membership Rewards, coverage is
also activated when the Cardmember (I) presents a Membership
Rewards redemption certificate and (2) uses a Membership
Rewards redemption certif care at a participating Commercial
Car Rental Company. Important notefor those enrolled in
Membership Rewards: A Membership Rewards redemption
certificate can only be redeemed by eligible Cardmembers.
Benefits will not be paid when a Membership Rewards
redemption certificate has been transferred to non-eligible
Cardmembers and/or son-Cardmembers.
4. Does not apply to New York State residents.
Additional Information for Residents of Louisiana
The Rights of Recovery section is replaced with the
following:
If the Company makes any payment under this Policy and
the Cardmember has the right to recover damages from
another. the Company shall be subrogated to that right.
However, the Company's right to recover is subordinate to the
Cardmember's right to be fully compensated.
CRLDI-RDRI-LA 11/05
Additional Information for Residents of South Dakota
Under Losses Not Covered, item number 5. is replaced
with the following:
Car Rental Loss and Damage Insurance does not cover
losses caused by or contributed to by:
5. violation of criminal law, or commission of a criminal
act, whether cited or charged;
Under Losses Not Covered, item number 7. is replaced
with the following:
Car Rental Loss and Damage Insurance does not cover
losses caused by or contributed to by:
7. consumption of alcohol at or in excess of the legal blood
alcohol level for a felony conviction in the state or locality in
which the Accident occurred;
CRLDI-RDRl-SD I1/05
Additional Information for Residents of Vermont
Under Losses Not Covered the following item is hereby
removed:
7, alcohol intoxication on the part of the driver, as defined
in the state where the Accident occurred;
CRLDI-RDRl-VT 11/05
Additional Information for Residents of Wisconsin
Under Losses Not Covered, the following items are hereby
removed:
5. illegal activity, such as losses where the Rental Auto was
used for, or involved in illegal activity or felony;
7. alcohol intoxication on the part of the driver, as defined
in the state where the Accident occurred;
8. voluntarily taking any drug or acting under the
influence or effect of that drug (unless taken as prescribed or
administered by a Doctor);
r W
Under Losses Not Covered, the following item is added:
18. The use of the Rental Auto for unlawful purposes, or for
transportation of liquor in violation of law, or while the driver
is under the influence of an intoxicant or a controlled
substance or controlled substance analog, or a combination
thereof, or under the influence of any other drug to a degree
which renders him or her incapable of safely driving, or under
the combined influence of an intoxicant and any other drug to
a degree which renders him or her incapable of safely driving,
or any use of the motor vehicle in a reckless manner.
CRLDI-RDRI-WI 11105
Additional Information for Residents of West Virginia
Under How Benefits are Paid, the Footnote, to the note
that reads:
Now Benefits will not be paid Y, on the date of loss, on the
date of claim filin& or on the date of potential claim payment,
any amount due on Your Card account is past due or Your Card
is cancelled, is hereby revised to read as follows:
Does not apply to West Virginia and New York State
residents.
CRLDI-RDRI-WV 11/05
Additional Information for Residents of North Carolina
A portion of the fees associated with this Card are applied
to the insurance benefit.
CRLDI-RDRI-NC 11/05
The following form numbers are applicable to residents in
the following states:
Arizona and Indiana, Form Numbers: CRLDI-IND-CCSC
11105; CRLDI-IND-OSBN 11105; CRLDI-IND-PLAT 11/05;
CRLDI-IND-CEN 11105; CRLDI-IND-OSBN-PLAT 11/05;
CRLDI-IND-Endl 10/08
Texas, Form Numbers: CRLDI-IND-CCSG TX 11/05;
CRLDI-IND-OSBN-TX I1/05; CRLDI-IND-PLAT-TX 11/05;
CRLDI-IND-CF.N-TX 11105; CRLDI-IND-OSBN-PLAT-TX
11/05.
The following is added to the policy: This policy only
provides coverage if you decline the full Collision Damage
Waiver offered by the Rental Company. This policy is not
automobile liability insurance and does not comply with any
financial responsibility law. Your personal automobile
insurance policy may or may not provide coverage for your
responsibility for the loss of or damage to a rented vehicle
during the rental term. Before deciding whether to purchase a
damage waiver, you may wish to determine whether your
automobile insurance policy provides you coverage for rental
vehicle damage or loss. If you file a claim under your personal
automobile insurance policy, your insurance company may
choose to no renew your policy at your renewal date, but may
do so only if you an at fault for the claim.
A Termination and Cancellation section is added:
Coverage will cease on the earliest of the following - the date
you no longer maintain a permanent residence in the 50
United States of America or the District of Columbia; the date
we determine that you or someone on your behalf intentionally
misrepresented or fraud occurred; the date we cancel the
Policy; the date you arc no longer a Cardmember, or the date
the Policy is not available in the location where you maintain a
Permanent Residence. If the Policy is cancelled, we will send
written notice at least forty five (45) days in advance. We may
not cancel or non-renew this Policy based solely on the fact
that you are an elected official.
FDR 974934
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor OFFi;.E qF THE S-ERIFF
American Express Centurion Bank
vs.
Estrella Masson
Case Number
2010-6838
SHERIFF'S RETURN OF SERVICE
11/02/2010 07:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
November 2, 2010 at 1941 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Estrella Masson, by making known unto herself personally, at 1196
Kingsley Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to her personally the said true and correct copy of the sameAM;A f
OB G , DEPU
SHERIFF COST: $41.50
November 04, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
cz?
(c) GountySuite Sheriff. Teleosoft Inc.
Lloyd S. Markind Esquire (ID#52507)
Francis J. Skinner Esquire (ID#80562)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
Attorneys for Plaintiff
File No. A1000507
I LL
_
6tf AF1R, iL S
TVL
L o t J 9 B 8...i.!
_) f •. t r n i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK :No. 10-6838
Plaintiff
vs.
ESTRELLA MASSON :CIVIL ACTION
Defendant
PLAINTIFF AMERICAN EXPRESS CENTURION BANKS'S MOTION FOR SUMMARY
JUDGMENT
Plaintiff, American Express Centurion Bank, by and through its undersigned counsel,
Sklar-Markind, hereby brings the following Motion for Summary Judgment, and avers as follows:
1.
2
3.
4.
On or about December 7, 2010, Defendant was served with a Request for Admissions regarding
the subject matter of this litigation. The Request for Admissions and Certified Mail signed for
are attached hereto as Exhibit "A."
More than thirty days has passed since Defendant was served with the Request for Admissions.
Pursuant to Pa.R.C.P. 4014(b) each matter of which an admission is requested is deemed
admitted unless, within thirty days of service, the Defendant serves a verified response either
denying or objecting to the request for admission.
Pursuant to Pa.R.C.P. 4014(b) all Requests for Admissions served by Plaintiff upon Defendant
are therefore deemed admitted.
5. Defendant is indebted to Plaintiff on a credit card account in the amount of $6,640.84. The
Statement attached to the Complaint is attached hereto as Exhibit "B."
6. Pursuant to the admissions of Defendant, there is no dispute that the debt is valid, due and owing
to Plaintiff. See Exhibit A.
7. Pursuant to Pa. R.C.P. 1035.2 "...any party may move for summary judgment in whole or in part
as a matter of law (1) whenever there is no genuine issue of material fact as to a necessary
element of the cause of action or defense which could be established by additional discovery or
expert report..."
8. There is no genuine issue of material fact which would necessitate trial of this matter. Defendant
is indebted to Plaintiff for the balance due as set forth in the Complaint. The Plaintiff is entitled
to judgment as a matter of law.
WHEREFORE, Plaintiff, American Express Centurion Bank, respectfully requests summary
judgment against the Defendant in its favor for the amount set forth in. the Complairj?,
?.Francis J. Skinner, Esgmre-
` Attorney for Plaintiff
ID #80562
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
EXHIBIT A
Lloyd S. Markind, Esquire (ID#52507)
Francis J. Skinner, Esquire OD#80562)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
File No.: A1000507
IN THE COURT OF COMMON PLEAS OF CUMBERLAND-PA COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN EXPRESS CENTURION BANK : No. 10-6838
Plaintiff
vs.
CIVIL ACTION
ESTRELLA MASSON
Defendant
PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT
TO: ESTRELLA "SON
1196 KINGSLEY ROAD
CAMP HILL PA 17011
Plaintiff, AMERICAN EXPRESS CENTURION BANK (hereinafter "American Express"), by and
through its counsel, Sklar - Markind, hereby propounds the Request for Admissions to the Defendant
ESTRELLA MASSON regarding the American Express Account referenced in the Complaint pursuant
to Pa. R.C.P. 4014:
DEFINITIONS
1. "Plaintiff 'and/or "American Express" mean AMERICAN EXPRESS CENTURION BANK
and/or all of its subsidiaries, divisions, affiliates, joint ventures, present and former partners,
directors, officers, employees, members, agents, counsel, and all other persons acting or
purporting to act on its behalf.
2. "Defendant", "You" or "Your" means the Defendant(s) named above, and/or his agent,
employees, counsel, and all other persons acting or purporting to act on their behalf.
3. "Third Party" means any individual, business, corporation, company, partnership, or entity that is
not expressly defined herein.
4. The "Answer" refers to the Answer filed by the Defendant in this action.
5. The "Complaint" refers to the Complaint submitted by American Express in this action.
6. "Person" or "Persons" means the plural as well as the singular, and includes any natural person,
firm, corporation, partnership, association, joint venture or any other form of business entity, as
well as the agents, employees and representatives thereof.
7. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of the discovery request all responses that might otherwise be
construed to be outside its scope.
8. "Identify" with respect to natural persons means to give, to the extent known, the person's full
name, present or last known address, and present or last known place of employment.
9. "Identify" with respect to a meeting or communication, means to state the date (or approximate
date) of the meeting (or other communication), the persons who attended the meeting (or who
participated in the communication), and the substance of what each person said at such meeting
(or in such communication).
10. "Identify" with respect to a document, means to state the type of document, the date the
document was prepared, its author, addressee(s), or other recipients, and its subject matter.
11. The term "concerning" means relating to, referring to, describing, evidencing, or constituting.
12. "Document" or "documents" shall have their customary and broad meaning and shall include,
without limitation, written matter of any kind, whether printed or reproduced by any process or
handwritten, and whether or not claimed to be privileged or otherwise excluded from discovery
including, without limitation, all books, records, papers, articles, newspapers, press releases,
files, envelopes, notices, lists, computer print-outs, internal or external e-mails, letters and other
correspondence, tape recordings, telegrams, cables, telexes, memorandum, reports, financial
reports, settlement statements, loan applications, title commitments, title policies, opinions or
reports of experts or other consultants, studies, analyses, projections, offering circulars,
evaluations, calendar or diary entries, log books, checks, check stubs, tabulations, invoices,
minutes and records of meetings, conferences and telephone or other communications,
statements, ledgers and inventories including the original, and all non-identical copies (whether
different from the original by reason of notation made on such copies or otherwise) and all
unused drafts, drawings, graphs, charts, photographs, blueprints, phone records, videotapes,
audiotapes, and other data compilations from which information can be obtained or translated, if
necessary, by You, through detection devices into reasonably usable form.
13. "Communication" or "communications" shall mean all written or oral discussions, statements,
conversations, memoranda, notations, letters, telegrams, handwritten notes, reports, e-mail,
documents, or any other written matter whether or not You were a participant or had personal
knowledge thereof.
14. Where appropriate, singular designations include the plural, and plural include the singular;
masculine gender includes the feminine and vice versa; and past tense include the present and
the past.
15. 'Representative" or "representatives" used with reference to a person means any past or present
officers, director, partner, associate, employee, servant, agent, subsidiary, affiliate, legal counsel
or any other agent or purported agent of such person.
16. The "Account" shall refer to American Express account referenced in the Complaint.
17. "Merchant" shall refer to any business, individual, or other entity that received Your Account
information and/or provided goods or services to You and/or caused charges to be incurred on
Your Account.
REQUEST FOR ADMISSIONS
REQUEST NO. 1: Admit that there is presently due and owing, from the Defendant to the Plaintiff
the following sum on the following account: Blue Cash from American Express Card Account (Account
No. 377273052321005) - Amount owed: ($6,640.84).
RESPONSE:
REQUEST NO. 2: Admit that pursuant to the Card Agreement the Plaintiff is entitled to interest,
court costs, costs of collection and reasonable attorney's fees.
RESPONSE:
REQUEST NO. 3: Admit that the document marked as Exhibit A. to Plaintiffs Complaint is
genuine and is a true and accurate copy of the Card Agreement regarding the account referenced above.
RESPONSE:
REQUEST NO. 4: Admit that Defendant has failed and/or refused to pay the amount due on the
account referenced above.
RESPONSE:
REQUEST NO. 5: Admit Defendant opened an account for extension of credit known as a credit
card identified as Blue Cash from American Express Card Account (Account No. 377273052321005).
RESPONSE:
REQUEST NO. 6: Admit Defendant received monthly statements for the credit card account.
RESPONSE:
REQUEST NO. 7: Admit Defendant has never disputed the amount due on the credit card account.
RESPONSE:
REQUEST NO. 8: Admit Defendant or an authorized user made the purchases and/or cash advances
on the credit card account.
RESPONSE:
REQUEST NO. 9: Admit Defendant has failed to pay at least the minimum amount stated in the
monthly statements for the account.
RESPONSE:
REQUEST NO. 10: Admit that Plaintiff has been damaged by your failure and/or refusal to pay the
amount due.
RESPONSE:
REQUEST NO. Ill : Admit that Defendant is liable for all charges made on the account referenced
above.
RESPONSE:
I affirm under penalties for perjury that the foregoing representations are true.
,
ESTRELLA MASSON
1
THIS DEMAND is a continuing demand, and Plaintiff reserves the right to supplement, modify, or alter
this demand up to and including the date of trial.
CERTIFICATE OF SERVICE
,q, : t ..
I hereby certify that a copy of the foregoing was served upon:
ESTRELLA MASSON
1196 KINGSLEY ROAD
CAMP HILL PA 17011
by sending a copy through the United States mail, postage prepaid, by regular and certified mail, r.r.r.,
on the 3E- day of '®2kMb#A _, 2010.
MAU?REEN Mc IRE-.KOBIE
1 V '
1. ¦
Lloyd S. Markind, Esquire (11 i-n
Francis J. Skinner, Esquire (I'1 0
Sklar - Markind ?„ E
,n 0 102 Browning Ln, Bldg B, Stt a ... _
Cherry Hill NJ 08003Qe
856/616-8710 o co"1edFe° aoamek
File No.: A1000507 gelumReceiptFee' Here
M (EndwsemenrFlev?red)
n
IN THE COURT OF CON C3 (Ens ? ir"d)
N
w Taal
1 o sentr Estrella Masson
AMERICAN EXPRESS CET ? 1 196 Kingsley Road ..__...
C3 BMW
Plaintiff E r` a00 Camp Hill, PA 17011
t ah:
VS.
CIVIL ACTION
ESTRELLA MASSON
Defendant
TO: ESTRELLA MASSON
1196 KINGSLEY ROAD
CAMP HILL PA 17011
',SYLVANIA
AND NOW COMES the Plaintiff, AMERICAN EXPRESS CENTURION BANK , (hereinafter
"American Express") by and through the undersigned counsel, and hereby gives Notice of the Service of
Interrogatories upon Defendant to be answered in writing, under oath, within thirty (30) days of service
pursuant to Pa. R.C.P. 4005 and 4006.:
DEFINITIONS
1. "Plaintiff' means AMERICAN EXPRESS CENTURION BANK and/or all of its subsidiaries,
divisions, affiliates, joint ventures, present and former partners, directors, officers, employees,
members, agents, counsel, and all other persons acting or purporting to act on its behalf.
2. "Defendant", "You" or "Your" means the Defendant, and/or all of its subsidiaries, divisions,
affiliates, joint ventures, present and former partners, directors, officers, employees, members,
agents counsel, and all other persons acting or purporting to act on its behalf.
3. "Third Party" means any individual, business, corporation, company, partnership, or entity that is
not express defined herein.
4. The "Answer" refers to Answers and Defenses submitted by the Defendant in this action.
5. The "Complaint" refers to the Complaint for 'Breach of Credit Card Agreement on Sworn
Statement of Account submitted by American Express in this action.
6. "Person" or "Persons" means the plural as well as the singular, and includes any natural person;
firm, corporation, partnership, association, joint venture or any other form of business entity, as
well as the agents, employees and representatives thereof.
7. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of the discovery request all responses that might otherwise be
construed to be outside its scope.
8. "Identify" with respect to natural persons means to give, to the exterit known; the person's full
name. present or last known address. and present or last known place of employment..
EXHIBIT B
Blue Cash®
from American Express
w.P••d For Accaaa Numar daft Date
ESTRELLAL MASSON XXXX-XXXXX3-21005 10/09/09 Page 1 o12
NWAo1 " Minimum
YiAdj"'""'"and Duo $
S Amorrnt
U
Payment Due Date
Pa ums amna t Peymerd AdrA : any
Ffl- daxpaa NOW Balance 11103109
6,&{0.84 0.00 0.00 =6,640.8 11 nimum Amount Duo
Incfudes:
Pest due amount
$853.00
month's amount due
This
Credit Line Total Credit Available Credit Cash Advance Available Cash $133.00
$13
Summary' Line $ Line $ Limit $ Limit $ Please refer to page 2
on 10109109 6,300.00 0.00 0.00 0.00 for Important Information
regarding your account
Your account is past-due. Please pay the past due amount immediately. Pay your bill online anytime, anywhere
at www.amorkenexpress.com/paybill.
. 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.
Activity l"?°`P°'?°date Amounts
Total of Payment Activity 0.00
Amowd 9
Total of New Activity 0.00
Finance Charges Average Daily
Balance $ Daily
Periodic Rate Actual ANNUAL Nominal ANNUAL
PERCENTAGE PERCENTAGE Periodic
FINANCE
Billing days this period: 30 RA CH
ARGE $
Purchases 0.00 0.0746% 0.00% 2724% 0.00
Cash Advances 0"00 0.0746% 0.00% 27.24% 0.00
. 0.00
Certain of the periodic rates and APRs above may be variable. Those rates may vary
based upon the prime rate identified in the Wall Street Journal, as described In your
Cardmember Agreement as currently in effect.
Plana Won dte pMaaaon WOW. detach and return wah var P f
Do not staple or use paper clips ACWLX"Numbw
Payment Coupon 3772-730523-21005
"I1raNlllltlltalllllrllltlgrnltllrN!11111 lllrllllil4iial
ESTRELLA L MASSON
1196 KINGSLEY RD
CAMP HILL PA 17011-6110
Payment Due Date: To Pay by Computer, visit:
11103109 americanexpress.comlpbc.
New Balance
$6, 640.84
Minimum Amount Due
$986.00
L- • 1
Amount enclosed
Mail Payment to: IIltllllitll'1'li'll?illlll'Ittillhllll'lllltll'Itl't'lllll'lIII
AMERICAN EXPRESS
P.O. BOX 1270
NEWARK NJ 07101-1270
Enter account number on
all documents.
Make check payable to
American Express.
See Finance Charge
section an reverse side for
a description of when
additional Finance
Charges are not assessed
on Purchases.
Check here if your address
or phone number has
changed. Note changes on
17 rse side.
0000377273052321005 000664084000098600 08 rl
Lloyd S. Markind Esquire (ID#52507)
Francis J. Skinner Esquire (ID#80562)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
Attorneys for Plaintiff
File No. A1000507
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS CENTURION BANK : No. 10-6838
Plaintiff
VS.
ESTRELLA MASSON :CIVIL ACTION
Defendant
PLAINTIFF AMERICAN EXPRESS CENTURION BANK'S BRIEF IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
1. Plaintiff is entitled to Summary Judgment as a matter of law
Pursuant to Pa. R.C.P. 1035.2 "...any party may move for summary judgment in whole or in part
as a matter of law (1) whenever there is no genuine issue of material fact as to a necessary element of the
cause of action or defense which could be established by additional discovery or expert report..." There
is no genuine issue of material fact which would necessitate trial of this matter.
This action arises from a debt owed by Defendant to Plaintiff on a credit card account.
Defendant was served with Requests for Admissions and has failed to respond to same. Pursuant to
Pa.R.C.P. 4014(b), each request is therefore deemed to be admitted for purposes of this litigation.
Defendant admits that there is presently due and owing the amount of $6,640.84. (Exhibit A, Request No.
1.) Defendant admits that he has failed to pay the amount due on the account. (Exhibit A. Request No.
4.) Defendant admits that he is liable to Plaintiff for all charges made; on the account. (Ex. A. Request
No. 11.)
There is therefore no genuine issue of material fact in this matter. The Defendant admits the debt
is valid and there is now a balance due and owing the plaintiff in the amount of $6,640.84. It is
respectfully submitted that summary judgment is appropriate in this matter.
--11-FrancisSkinner Esquire (ID#80562)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616-8710
Attorneys for Plaintiff
CERTIFICATION OF SERVICE
I, Maureen McGuire-Kobie, hereby certify that I caused a true copy of the foregoing MOTION FOR
SUMMARY JUDGMENT, BRIEF, FORM OF ORDER, and CIVIL MOTION COVER SHEET, to be
served on this c day of --TcKvIaru, 2014, upon the following parties by Regular First
Class Mail:
Estrella Masson
1196 Kingsley Road
Camp Hill, PA 17011
Dated: 1 o 1
t? '
Maureen McGuire-Kobie
C-)
SKLAR - MARKIND ?3 _••• ?{
BY: Lloyd S. Markind z?
' rte`-
-O
IDENTIFICATION NUMBER 52507
U)?r
,
rv rr
-0
Sl?
102 BROWNING LANE, BLDG. B, SUITE 1 cam, -f
?
CIRRY HILL, NT 08003 c; 23°
(856) 616-8710 --t r=,
Attorney for Plaintiff
File No.: A1000507
IN THE COURT OF COMMON PLEAS OF CUMBERLAND-PA COUNTY,
PENNSYLVANIA.
CIVIL ACTION - LAW
AMERICAN EXPRESS CENTURION
BANK
Plaintiff
: No. 10-6838
VS.
ESTRELLA MASSON
Defendant
: CIVIL ACTION
STIPULATION OF SETTLEMENT
This matter, having been amicably adjusted by and between the Plaintiff, AMERICAN
EXPRESS CENTURION BANK , and the defendant(s), ESTRELLA MASSON , by and
through the undersigned, and the parties wishing to settle all disputes by and between them., it is
hereby stipulated and agreed as follows:
1. Plaintiff has filed/commenced, or is intending to file/commence suit against Defendant(s) Bor
the Sum of $6,774.34 inclusive of any and all applicable interest, attorney's fees, costs and other
expenses (collectively, the "Suit Amount"). Defendant(s) hereby acknowledge(s) proper service
of the Complaint and/or Writ of Summons (if suit is actually filed/commenced) and/or that this
stipulation (i) is a binding agreement notwithstanding whether suit is actually filed/commenced
and (ii) is subject to being filed therein if suit is filed at the sole discretion of Plaintiff'
accordingly.
2. Defendant(s) hereby admit owing Plaintiff the Suit Amount and agree to pay Plaintiff the total,
sum of $4,742.00 (the "Settlement Amount") to fully settle the Suit Amount by making an initial
payment of $2,250.00 on. or before February 15, 2011 followed by payments of $311.50 per
month beginning on or before March 15, 2011 and continuing on or before the fifteenth. (15th)
day of each consecutive month thereafter pursuant to which monthly payments the Settlement
Amount must be timely paid in full - t e e is no ce d Payments shall be made payable
and sent to Sklar - Markind, 102 Browning Lane, Building B, Suite 1, Cherry H.UI, NJ 08003
with time h "in gf the essence under in all respects.
3. Anything to the contrary notwithstanding, and in the event that Defendant(s) fail(s) to snake
the payments of the Settlement Amount as set forth herein, Plaintiff shall be entitled to the entry
of judgmenti in its favor and against Defendant(s), upon application being made to the Court by
way of Praecipe with an Affidavit from counsel for Plaintiff, and vA ut notice to Def .Ida_nt or
his cou ael, for the Suit Amount less credit for any payments which may have been made
hereunder, plus any and all additional attorney's fees, interest, costs and other expenses to the full
extent permitted by law,
4. Defendant(s) expressly agree(s) that such judgment shall be for the Suit Amount rather than
the Settlement Amount and waives any and all objections, other opposition and appeal rights
thereto without limitation. Further Defendant(s) agree(s) to pay all reasonable legal fees/costs to
enforce this stipulation.
5. This stipulation is limited to American Express and account number 377273052321005.
/,
ESTRELLA MA SON
Pro Se Defendant
/V?
L, yd . Markin.d, Esquire
Attorney. for Plaintiff
Dated-
#M
David D. Buell'
Prothonotary
Office of the Prothonotary
Cum6er[and County, Pennsylvania
�yrkS. Sohonage, ESQ
Solicitor
JO 10.933 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, TA • (Phone 717 240-6195 • Fa.. 717 240-6573