HomeMy WebLinkAbout12-3316IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANtA
311.P iU?
a3
AMERICAN EXPRESS
CENTURION BANK
PLAINTIFF
NO.
vs.
SHAWN GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
DEFENDANT(S)=
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the floing
pages, you must take action within twenty (20) days after this Complaint and Notice is served, by
entering a written appearance, personally of 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES' TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
FILE NO. 10007011
Q?&3.75?1 a 1? ?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS NO.
CENTURION BANK
PLAINTIFF
vs.
SHAWN GELSDORF
17 ROBIN ?CT
MECHANICSBURG PA 17055
DEFENDANT(S)
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda
puestas en los siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que
esta Deman1da y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y 4rchivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra lusted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un
j uzgamientq puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado
en la Demaoda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE
UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NvO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
1NFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
FILE NO. 10007011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS NO.
CENTURION BANK
PLAINTIFF
VS.
SHAWN OELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
DEFENDANT(S)
COMPLAINT
1. The Plaintiff is AMERICAN EXPRESS CENTURION BANK, (hereafter "American
Express") with a place of business located at 4315 South 2700 West, Salt Lake City, UT 84184.
2. The Defendant, SHAWN GELSDORF, is an adult individual, residing at 17 ROBIN CT,
MECHANIICSBURG PA 17055, CUMBERLAND County.
3. At aljl relevant times, American Express was, and is, a bank chartered under the laws of
the State of''Utah.
4. At all relevant times, Defendant was the holder of an American Express card (the "Card")
that enabled Defendant to charge items to an American Express credit card Account (Account
Number) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the Account, and was
responsible !for paying all amounts charged to the Account.
6. The Cardmember Agreement between Defendant and American Express (the
"Agreement") was provided to Defendant during the time period in which the Card was utilized
and maintained by Defendant, and therefore, Defendant assented to the terms and conditions
contained therein, and a true and correct copy of the Agreement is attached hereto, and
incorporated herein, as Exhibit "A".
7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set
forth in the Agreement, including the following:
a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts
charged to the Account.
b. Defendant agreed to make the "Minimum Payment" (as that term is used in the
FILE NO. 10007011
Agreement) due each month, for charges on the account, by the payment due date
indicated on the monthly billing statements mailed by or on behalf of American Express.
A true and correct copy of a statement(s) reflecting the balance due is attached hereto,
incorporated herein and marked Exhibit "B".
c. Defendant agreed that if the payment was not made by the payment due date indicated
on the monthly billing statements, American Express may assess additional fees per the
terms of the agreement.
d. Defendant agreed that in the event of default, Defendant would pay all reasonable
costs, including reasonable attorney's fees, incurred by American Express in collecting
the balance due, including finance charges and delinquency fees, and in protecting itself
from any harm it may suffer as a result of the default.
8. Defendant used the Card to charge various items to the Account.
9. Plainjtiff issued and sent to Defendant the Account Statements, which set forth in detail all
items charged to the Account, and the total amount due and owing by Defendant to Plaintiff.
Count 1 - Breach of Contract
10. American Express incorporates by reference the averments of paragraphs 1 through 9.
11. Defendant failed to make the minimum payment specified on the statements.
12. By reason of the foregoing, Defendant breached the Agreement with American Express.
13. As a, result of the breach, Defendant is personally liable to American Express for the sum
of $5,563.1$. See Exhibit "B" as previously identified and incorporated herein.
14. Despite due demand, Defendant has failed and refused to pay American Express any
portion of the amount due and owing.
15. As a',result of Defendant's failure to pay the amount that Defendant owes, American
Express referred its claim to outside attorneys for collection, and is entitled to collect reasonable
attorney's fees from Defendant.
16. By reason of the foregoing, American Express is entitled to judgment against Defendant
for breach of contract in the sum of $5,563.18, plus reasonable attorney's fees, costs and
prejudgment interest.
WHEOFORE, American Express demands judgment against Defendant on Count 1 in the
sum of $5,563.18, plus reasonable attorney's fees, costs and prejudgment interest.
FILE NO. 10007011
Count 2 - Account Stated
(in the alternative to Counts 1 and 3)
17. American Express incorporates by reference the averments of paragraphs 1 through 16.
18. Defendant used the Card to charge various items to the Account for which payment was
never made,. American Express kept accurate records of all debits and credits to the Account.
19. American Express mailed to Defendant monthly billing statements for the Account,
which accurately stated the previous balance, and the debits and credits to the Account for the
prior billing period.
20. Defendant had, for many months, made payments on account of the billing statements or
retained the statements without payment.
21. Defendant's actions as set forth above constituted an account stated between the parties
for the sum ',of $5,563.18, which sum reflects the balance, less credits, if any, which were applied
prior to the date of this complaint.
WHEREFORE, American Express demands judgment against Defendant on Count 2 in the
sum of $5,5163.18, plus prejudgment interest and the costs of this action.
Count 3 - Unjust Enrichment
(in the alternative to Counts 1 and 2)
22. American Express incorporates by reference the foregoing paragraphs 1 through 21.
23. As a result of the foregoing, Defendant received the benefit of American Express'
extension of credit in the amount of $5,563.18 without paying for same.
24. Defendant was aware of, apprehended and appreciated American Express' provision of
credit by reason of Defendant having made payments on account of the Account statements
received on land after Defendant opened the Account.
25. The reasonable value of the credit American Express provided Defendant is the sum of
$5,563.18.
26. American Express is entitled to prejudgment interest on the outstanding balance from the
statement due date.
27. American Express believes and avers if the relief requested herein is not granted,
Defendant will be unjustly enriched at American Express' expense.
FILE NO. 10007011
WHEREFORE, American Express demands judgment against Defendant on Count 3 in an
amount to be determined at trial.
Respectfully submitted,
York, PA 17401
717-885-0718
877-202-9420
206-203-3872 (facsimile)
Counsel for Plaintiff
FILE NO. 10007011
Doyle Legal Services, LLC
11 East Market St., Suite 102
VERIFICATION
-,am "for American Express
Centurion Bank, the within Plaintiff, after my review of the American Express Centurion Bank
documents, I verify that the statements of fact made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief. I understand that this verification is
made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to
authorities.
Date: b 1 y
on
of American Express Centurion Bank
FILE NO'', 10007011
EXHIBIT "A"
Convenience Checks
We will no long r honor convenience checks. If you still have convenience checks, even if you requested
them, DO NOT ?,SE THEM. Any convenience checks presented to us for payment on orafter March 1,
2011 will be DECLINED. Destroy any convenience checks you may have. If you use a convenience check
despite this warning and it is declined, you may have to pay returned check fees or other penalties to whomever
you wrote the check.
How Long will the Penalty APR Apply?
If the Penalty AP currently applies to your Account, we will review it on or before February 22, 2011 as
described on the ront of this letter. Before this review, the Penalty APR will continue to apply in accordance with
the terms of your, aard member Agreement in effect prior to August 22, 2010.
CMAEUALE00001101
CardmemberAgreement: Part 1 oft Asof: 11/30/2010
Blue from American Express
Issuer: American Express Centurion Bank Cardmember Name: Shawn P Gelsdorf
Credit Limit: $ 5,700 (Cash Advance Limit: $ 200) Account Ending In : 01000
Rates and F es Table
Interest Rates
Annual Percentage Rate
15.24%
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR forBalance Transfers 15.24% for any balance transfer requests we may accept.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances 25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APRa and When it 27.24%
Applies This APR will vary with the market based on the Prime Rate.
This APR will apply to your account if you:
1) make one or more late payments; or
2) make a payment that is returned.
How Long Will the Penalty APR Apply? If the Penalty APR is applied, it
will apply forat least 6 months. We will review your Account every 6 months
afterthe Penalty APR is applied. The Penalty APR will continue to apply until
you have made timely payments with no returned payments during the 6
months being reviewed.
Paying Interest Your due date is at least 25 days after the close of each billing period. Wewill
not charge you interest on purchases if you pay your entire balance by the due
date each month. We will begin charging interest on cash advances and balance
transfers on the transaction date.
For Credit Card Tips from To learn more about factors to considerwhen applying for or using a credit card,
the Federal Re erve Board visit the website of the Federal Reserve Board at
Annual Membe hip Fee None
Transaction Fe s
• Balance Tram fer Either $5 or 3% of the amount of each transfer, whichever is greater.
• Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater.
• Foreign Trans ction 2.7% of each transaction afterconversion to US dollars.
Penalty Fees
• Late Payment', Upto $35
• Returned Payment Upto $35
• Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). Seethe
How we calculate interest section in Part 2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
CMAEUAA00000105 Page 1 of 9
How Rates
Calculating
APRsandDPRs
Fees Work
The Annual Percentage Rate( APR) for variable rates is determined by adding an amount( margin)
to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate( DPR) is
1 /365th of the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime+Margin APR DPR
Purchase Prime+ 11.99% 15.24% 0.0417%
Balance Transfer Prime+ 11.99% 15.24% 0.0417%
Cash Advance Prime + 21.99% 25.24% 0.0691%
Penalty Prime+ 23.99% 27.24% 0.0746%
PenaltyAPRfor The penalty APR applies to newtransactionsif: If the Penalty APR applies to a balance, itwill
newtransactions • you do not pay at least the Minimum applyto charges added tothat balance 15 or
Payment Due by the Closing Date of the more days after we send you notice.
billing period in which it is due,
• you do not pay at least the Minimu m Wewillreview your Account every 6months after
Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Penalty APR will
times in 12 billing periods, or continue to apply until you have made timely
• your payment is returned by your bank. payments with no returned payments during the 6
months being reviewed.
PenaltyAPRfor If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we
existing balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for
6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may still
apply to other balances as described above).
We add fees to a p rchas e balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates andFees Tableon page 1 of Part1.
Late Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25.
If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not
exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty
APR fornew transactions and PenaltyAPRforexistingbalances above.
Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is
$25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned
payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the
payment is returned. A returned payment may also result in a Penalty APR. See PenaltyAPR for
newtransactions above.
Returned Check $38 if you use yourcard to cash a check atone of our approved locations and the check is returned
unpaid. Wewill also charge you the unpaid amount.
Overlimit None.See Creditlimit and cash advance limit inPart2.
Statement Copy $5 for each statement you request, except forthe 3 most recent bil I ing periods.
Account Re-open ng $25 if yourAccount is cancelled, you ask us to re-open it, and we do so.
Balance Transfer' 3% of the transaction, with a minim u m of $5. A different fee may apply if stated in a promotional
offer or at the time ofa transaction. This fee is a finance charge. We will add it to the same balance
as the balance transfer.
Cash Advance 3% of the withdrawal and other services you obta in (including a ny fee charged by the ATM
operator), with a minimum of $5. We will add this fee to the cash advance balance.
Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges
made in a foreign currency in Part2.
Part 1, Pact 2 and any supplements oramendments makeup your Card member Agreement.
CMAEUAA00000105 Page 2of 9
CardmemberAgreement: Part 2of2 CD 27738
Introduction
Aboutyour This document togetherwith Part 1make upthe Any supplements or amendments are also part of
CardmemberAgreement Card member Agreement (Agreement) for the the Agreement. When you use the Account (or you
Account identified on page 1 of Part 1. signor keep the card), you agree to the terms of the
Agreement.
Changing the Agreement We may change this Agreement, subject to to some terms may require 45 days advance notice,
applicable law. We may do this in response to the and we will tell you in the notice if you have the right
business, legal or competitive environment. to reject a change. We cannot change certain terms
We cannot increase the interest rate on existing during the first year of your Cardmembership.
balances except in limited circumstances. Changes
Words we use in We, us, and ourmean the issuer shown on page 1
the Agreement of Part 1. You and yourmean the person who
applied forthis Account and forwhom we opened
the Account. You and youralso mean anyone who
agrees to pay forthis Account. You are the Basic
Cardmember. You may request a card foran
Additional Cardmember (see AboutAdditional
Cardmembers in Part 2).
added to yourAccount, such as purchases, cash
advances, balance transfers, fees and interest
charges. A purchase is a charge for goods or
services.A cashadvance is a chargetoget cash
or cash equivalents.A balance transfer is a charge
to pay an amount you owe on another credit card
account.
T b
Card means any card or other device that we issue o pay yacertaindatemeans tosendyour
payment so that we receive it and credit it to your
to access your Account.A charge is any amount Account by that date (see Aboutyourpayments in
Part 2).
About using yo?urcard
Using the Card You may use the card to make purchases. At our Account status or changes to yourcard number or
discretion, we may permit you to make cash expiration date. You must notify the merchants
advances or balance transfers. You cannot transfer directly if you want them to stop charging your
balances from any other account issued by us or our Account.
.ffili.fo.
You may arrange for certain merchants to charge
your Account at regular intervals. We may (but are
not required to) tell these merchants about you r
Keep your card safe and don't let anyone else use
it. If your card is lost or stolen or your Account is
being used without your permission, contact us right
away. You may not use you rAccount for illegal
activities.
Promise to pay You promise to pay all charges, including:
• charges you make, even if you do not present your card or sign for the transaction,
• charges that other people make if you let them use your Account, and
• charges that Additional Card members make or permit others to make.
Credit limit Weassigna Credit Limit toyourAccount.Wemay You agree to manage yourAccount so that:
and cash advance limit make part of your Credit Limit available for cash yourAccount balance (including fees and interest)
advances (Cash Advance Limit). There may also be is not more than your Credit Limit, and
a limit on the amount you can withdraw from ATMs in your cash advance balance (including fees and
a given period. The Credit Limit and Cash Advance interest) is not more than your Cash Advance
Limit are shown on page 1 of Part 1 and on each Limit.
billing statement.
We may increase or reduce your Credit Limit and We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
Cash Advance Limit. We may do so even if you pay we will not charge an overlimit fee. If we ask you to
on time and your Account is not in default. promptly pay the amount of you rAccount balance
above your Credit Limit, you agree to do so.
Declined transactions We may decline to authorize a charge. Reasons we We are not responsible for any losses you incur if
may do this include suspected fraud and our we do not authorize a charge. And we are not
assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the
even if the charge would not cause you to go over card.
your Credit Limit and your Account is not in defau It.
CMAE UACM0000102 Page 3 of 9
About your payments
When you must p y You must pay at least the Minimum Payment Due by at leastthe Minimum Payment Due in such time and
the Payment Due Date. The Minimum Payment Due mannerbythe Payment Due Date shown on your
and Payment Due Date are shown on each billing billing statement.
statement. Each statement also shows a Closing Date. The
Each statement also states the time and manner by Closing Date is the last day of the billing period
which you must make your payment for it to be covered by the statement. Each Closing Date is
credited as of the same day it is received. For your about 30 days after the previous statement's Closing
payment to be considered on time, we must receive Date.
How to make payn ants Make payments to us in U.S. dollars with: your billing statement. If we receive it afterthat time,
• a single check drawn on a U.S. bank, or we will credit the payment on the day afterwe
• a single negotiable instrument clearable through receive it.
the U.S. banking system, forexample a money If your paymentdoes not meet the above
order, or
• an electronic payment that can be cleared through requirements, there may be a delay in crediting your
the U.S. banking system. Account. This may result in late fees and additional
interest charges (see How Rates and Fees Work on
When making a payment by mail: page 2 of Part1).
• make a separate payment for each account,
• mail your payment to the address shown on the If we decide to accepta payment made in a foreign
payment coupon on your billing statement, and currency, we will choose a rate to convert your
• write your Account number on your check or payment into U.S. dollars, unless the law requires us
negotiable instrument and include the payment to use a particular rate.
coupon. If we process a late payment, a partial payment, or a
If your payment meets the above requirements
we payment marked with any restrictive language, that
,
will credit ittoyourAccountasofthedaywereceive will have no effect on our rights and will not change
it, as long as we receive it by the time disclosed in this Agreement.
How we apply payments YourAccount may have balances with different • Afterthe Minimum Payment Due has been paid,
and credits interest rates. Forexample, purchases may have a we apply yourpaymentstothebalance with the
lower interest rate than cash advances. If your
Account has balances with different interest rates,
here is how we generally apply payments in a billing
period:
• We apply your payments, up to the Minimum
Payment Due, first to the balance with the lowest
interest rate, and then to balances with higher
interest rates.
highest interest rate, and then to balances with
lower interest rates.
In most cases, we apply a credit to the same
balance as the related charge. For example, we
apply a credit fora purchase to the purchase
balance. We may apply payments and credits with in
balances, and among balances with the same
interest rate, in any order we choose.
About your Minlimum Payment Due
How we calculate our To calculate the Minimum Payment Due foreach
MinimumPaymen Due statement, we start with the highestof the following
three amounts:
(1) 2% of the New Balance (excluding late fees on
thestatement); or
(2) interest charged on the statement plus 1%of
the New Balance (excluding late fees and
interest on the statement), not to exceed 4% of
the New Balance; or
(3)$15.
Then we add late fees on the statement, round to
the nearest dollar, and add any amount past due.
However, your Minimum Payment Due will not
exceed your New Balance.
Adjusting your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future
Minimum PaymentlDue billing periods. This mayletyoumakeasmallerminimumpaymentfromtimetotime.Butifyouthendo
not regularly pay more than the Minimum Payment Due described above, we will stop adjusting itand
return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at
least six billing periods in a row. To adjustthe Minimum Payment Due, we will not exclude late fees from
(1) and not add 1 %ofthe New Balance in (2). Then, if (2) is the highest (but less than 4% of the New
Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum
Payment Due. continued on next page...
CMAEUACM0000102 Page 4 of 9
..continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum
Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods).
We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not
adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the
adjustment if the sum of Minimum Payments Due is zero and we did not adjustthe Minimum Payment Due
the last time it was not zero.
About interestcharges
When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases
as described below. However, you cannot avoid paying interest on cash advances and balance transfers.
If you pay the New Balance on every statement by
the Payment Due Date, we will not charge interest
on purchases.
If you pay the New Balance on a statement by the
Payment Due Date and then you pay less than the
New Balance on the following statement by the
Payment Due Date, we will not charge interest on
the portion of the purchase balance that we apply
that payment to. But we will charge interest on
unpaid purchases.
If you do not pay the New Balance on a statement
by the Payment Due Date and then:
• you pay the New Balance on the next statement
How we calculate
by the Payment Due Date, we will not charge
interest on purchases from the date of your
payment to the Closing Date of the billing period in
which you made that payment. But we will charge
interest on purchases from the beginning of that
billing period until the date of your payment.
you pay the New Balance on each of the next two
statements by their Payment Due Dates, we will
not charge interest on purchases on the following
statement.
Also, we will not charge interest on purchases on a
statement if the Previous Balance on that statement
is zero or a credit balance.
We calculate interest fora billing period by first figuring the interest on each balance. Different categories
of transactions such as purchases and cash advances may have different interest rates. Balances
within each category may also have different interest rates.
We use the Average Daily Balance method
(including new transactions) to figure interest
charges for each balance. The total interest charged
fora billing period is the sum of the interest charged
on each balance.
Interest
The interest charged fora balance in a billing period,
except for variations caused by rounding, equals:
• Average Daily Balance ( ADB) x
• Daily Periodic Rate( DPR) x
• number of days the DPR was in effect.
ADB
To get theADB fora balance, we add up its daily
balances. Then we divide the result by the number
of days the DPR for that balance was in effect. If the
daily balance is negative, we treat it as zero.
DPR
A DPR is 1 /365th of an APR, rounded to one ten-
thousandth of a percentage point. Your DPRs are
shown in How Rates and Fees Work on page 2 of
Part 1.
?+?1'i?19?!M+?erMw3o
d4*1!1
7br' iil?tiq 11K?MXr*?Sdr?s=r?k8?'M%
Daily Balance
For each day a DPR is in effect, we figure the daily
balance by:
• takingthe beginning balance fortheday,
• adding any new charges,
• subtracting any payments or credits; and
• making any appropriate adjustments.
We add a new charge to a daily balance as of its
transaction date.
Beginning balance
Forthe firstdayofa billing period, the beginning
balance is the ending balance for the prior billing
period, including unpaid interest. Forthe restof the
billing period, the beginning balance is the previous
day's daily balance plus an amount ofinterestequal
to the previous day sdaily balance multiplied by the
DPRforthatba/ance . This method of figuring the
beginning balance results in daily compounding of
interest.
When an interest rate changes, the new DPR may
come into effect during not just at the beginning
of the billing period. When this happens, we will
create anew balance and apply the new DPR to it.
To get the beginning balance on the first day forthis
new balance, we multiplythe previous day's daily
balance by the old DPR and add the result to that
day's daily balance.
Other methods
To figure the ADB and interest charges, we may use
other formulas or methods that produce equivalent
results. Also, we may choose not to charge interest
on certain types of charges.
CMAE UACM0000102 Page 5 of 9
Determining the We use the Prime Rate from the Money Rates
Prime Rate section (or successor section) of The Wall Street
Journal. The Prime Rate for each billing period is the
Prime Rate published in The Wall Street Joumal 2
days before the Closing Date of the billing period.
The Wall Street Journal may not publish the Prime
Rate on that day. If it does not, we will use the Prime
Rate from the previous day it was published. If The
Wall StreetJournal is no longer published, we may
use the Prime Rate from any other newspaper of
general circulation in New York, New York. Or we
may choose to use a similar published rate.
If the Prime Rate increases, variable APRs (and
corresponding DPRs) will increase. In that case, you
may pay more interest and may have a higher
Minimum Payment Due. When the Prime Rate
changes, the resulting changes to variable APRs
take effect as of the first day of the billing period.
Other important information
AboutAdditional' At your request, we may issue cards to Additional
Cardmembers Cardmembers. They do not have accounts with us
but they can use your Account subject to the terms
of this Agreement. You are responsible for all use of
your Account by Additional Cardmembers and
anyone they allow to use your Account. You must
pay for all charges they make.
You authorize us to give Additional Cardmembers
information about yourAccountand todiscuss it
with them.
If you want to cancel an Additional Cardmember's
right to use yourAccount (and cancel their card) you
must tell us.
Converting charges made If you make a charge in a foreign currency, we will
in a foreign currenlcy convertitinto U.S. dollarson thedatewe orour
agents process it. Unless a particularrate is
required by law, we will choose a conversion rate
that is acceptable to us for that date. The rate we
use is no more than the highest official rate
published by a government agency or the highest
Changing your You must notify us immediately ifyou changethe:
billing address mailing address to which we send billing
statements; or
• e-mail address to which we send notice that your
billing statement is available online.
interbankratewe identify from customary banking
sources on the conversion date or the prior business
day. This rate may differ from rates that are in effect
on the date of your charge. We will bill charges
converted by establishments (such as airlines) at the
rates they use.
If you have more than one account, you need to
notify us separately for each account.
We may update your billing address if we receive
information that it has changed or is incorrect.
ClosingyourAceount You may dose yourAccount by calling us orwriting to us.
Cancelling orsusoending We may:
yourAccount cancel your Account,
• suspend the ability to make charges,
• cancel or suspend any feature on yourAccou nt,
and
• notify merchants that your Account has been
cancelled or suspended.
If we do any of these, you must still pay us for all
charges under the terms of this Agreement.
About default We may consideryour Account to be in default if:
• you violate a provision of this Agreement,
• you give us false information,
• you file for bankruptcy,
• you default under another agreement you have
with us or an affiliate,
• you become incapacitated or die, or
• we believe you are unable or unwilling to pay your
debts when due.
We may do any of these things at our discretion,
even if you pay on time and yourAccount is not in
default.
If yourAccount is cancelled, you must destroy your
cards. We may agree to reinstate your Account after
a cancellation. Ifwe do this, we may:
• reinstate any additional cards issued on your
Account,
• charge you any applicable annual fees, and
• charge you a fee for reinstating the Account.
If we consider your Account in default, we may:
• suspend yourabilityto make charges,
• cancel orsuspend anyfeature on yourAccount,
• require you to pay more than your Minimum
Payment Due immediately, and
• require you to pay your Account balance
immediately.
Collection costs You agree to pay all reasonable costs, including attorneys' fees, thatwe incurto collect amounts you owe.
Credit reports
You agree that we may obtain credit reports about
you, investigate your ability to pay, and obtain
information about you from other sources. And you
agree that we may use such information forany
purposes, subject to applicable law.
You agree that we may give information about your
Account to credit reporting agencies. We may tell a
credit reporting agency if you fail to comply with any
term of this Agreement. This may have a negative
impact on your credit record.
If you believe information we have given to a credit
reporting agency is incorrect, write to us at:
American Express Credit Bureau Unit, P.O. Box
981537, El Paso, TX 79998-1537. When you write
to us, tell us yourAccount number and the specific
information you believe is incorrect.
CMAEUACM0000102 Page 6 of 9
Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing
address on ourrecords. Any notice that we send you this way is deemed to be given when deposited in
the U.S. mail.
Wemaycontactyou From time to time, we may contact you abouttopics
ranging from servicing to marketing offers to
collecting amounts you owe. We may monitor and
record phone calls between you (oranyAdditional
Cardmemberson yourAccount)and us. We dothis
About insurance Oroducts We orour affiliates maytell you about insurance and
non-insurance products, services orfeatures that
may have a fee. One of our affiliates may act on
behalf ofa provider of these products. The affiliate
maybe compensated forthis. The insurance
products are not offered or sold by us or on our
behalf. Our affiliates may get additional
compensation when Amex Assurance Company
to ensure the quality of customer service or when it
is required by law.
You can choose to not receive marketing offers from
us. To do this, call us at 1-800-297-8378 or log on to
www.americanexpress.com/communications
or another affiliate is the insurer or reinsurer.
Compensation may influence what products and
providers we or our affiliates tell you about.
We may share information about you with our
affiliates so they can identify products that may
interest you. We may be compensated forthis
information.
How we handle el ctronic When you pay us by check, you authorize us to
debits from your checking electronically deduct the amount from your bank or
account other asset account.
We may process the check electronically by
transmitting toyourfinancial institution:
• theamount,
• the routing number,
• the account number, and
• the check serial number.
If we do this, your payment may be deducted from
your bank or other asset account on the same day
we receive your check. Also, you will not receive
that cancelled check with your bank or asset
account billing statement.
If we cannot collect the funds electronically, we may
issue a draftagainst your bank or other asset
account for the amount of the check.
ExpressPay Cards issued on your Account maybe equipped with ExpressPay. ExpressPay enables you to make
charges without having the card swiped orimprinted. You can call us to deactivate ExpressPay at any
time. Also, we may deactivate Express Pay at anytime.
Privacy Act of 197 notice Some federal agencies may accept the card under authority of statute. When you make charges at these
agencies, we collect certain charge information. That information may be put to routine uses such as
processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use.
Other routine uses by agencies may be published in the Federal Register.
Convenience checks Convenience checks (including balance transfer
checks) are checks that we may send you to access
your Account. The following terms will apply to use
of those checks unless otherwise disclosed with the
check.
If you use a convenience check, we may decline it. If
we decline it, you may have to pay returned check
fees or other penalties to whomever you wrote the
check.
If you use a convenience check and we honor it, we
will charge interest beginning as of the date we
receive the check. You cannot avoid paying interest
on convenience check transactions.
We will charge a fee for each convenience check
transaction. This fee is 3%ofthe transaction, with a
minimum of $5. This fee is a finance charge. We will
add the fee to the same balance that we add the
convenience check transaction to.
We will charge $29 each time you ask us to stop
payment on a convenience check.
A convenience check is not a card. You may not use
convenience checks to pay this or any other account
with us or our affiliates. If you use a convenience
check, we will apply the:
• cash advance APR if you make it payable to cash,
to you, or to a bank, brokerage or similar asset
account, or to a mortgage or insurance provider.
• purchase APR if you make it payable toa
merchant.
• balance transferAPR if you use it to transfer a
balance from another creditor.
• penalty APR if it applies to your Account.
Changing benefits We have the righttoadd, modify or delete any benefit, service, orfeature of your Account at our
discretion.
Assigning the Agreement We may sell, transferor assign this Agreement and yourAccount. We may do so at any time without
notifying you. You may not sell, assign ortransfer your Account or any of your obligations under this
Agreement.
Assigning claims' If you dispute a chargewith a merchant, we may credit the Account for all orpartof the disputed charge. If
we do so, you assign and transferto us all rights and claims (excluding tort claims) against the merchant.
You agree thatyou will not pursue any claim against the merchantforthe credited amount. And you must
cooperate with us if we decide to do so.
CMAEUACM0000102 Page 7of9
We donotwaiveourrights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not
waive our rights to exercise orenforce them on any other occasion.
Governing law Utah law and federal law govem this Agreement and yourAccount. They govern without regard to internal
principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this
Agreement with you in Utah.
Arbitration
This Arbitration pro
circumstances and
claims maybe arbit
court.
sets forth the
>dures under which
instead of litigated in
any claim that you properlyfile and pursue in
a small claims court of your state or
municipality so long as the claim is individual
and pending only in that court.
Initiation of Arbitration
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 arbitration organization to
which the claim is referred in effect at the time
the claim isfiled ( code), except to the extent
the code conflicts with this Agreement.
Claims shall be referred to either JAMS or the
American Arbitration Association( AAA), as
selected by the party electing to use
arbitration. If our selection of either of these
organizations is unacceptable to you, you
may select the other organization within 30
days after you receive notice of our selection.
For a copy of the code, to file a claim or for
other information, contact either: JAMS (1920
Main St #300, Irvine, CA 92614 or
jamsadr.com) or AAA (335 Madison Ave,
New York, NY 10017 oradr.org).
In addition to the organizations listed above,
claims may be referred to any other
arbitration organization that is mutually
agreed upon in writing by you and us, ortoan
arbitration organization or arbitrator(s)
appointed pursuant to § 5ofthe Federal
Arbitration Act, 9 U.S.C. §§ 1-16, as it may be
amended (FAA), provided that any such
organization and arbitrator(s) will enforce the
terms of the Restrictions on Arbitration
subsection set forth below.
Significance of Arbitration
IFARBITRATION ISCHOSEN BYANY
PARTY WITH RESPECT TO A CLAIM,
NEITHER YOU NOR WE WILL HAVE THE
RIGHTTO 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
AMEMBEROFANY CLASS OF
CLAIMANTS PERTAINING TO ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPTAS
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 BE ARBITRATED ON AN
INDIVIDUAL BASIS. THERE SHALL BE NO
RIGHT OR AUTHORITY FORANYCLAIMS
TO BE ARBITRATED ON A CLASSACTION
BASIS ORON BASES INVOLVING CLAIMS
BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC, OTHER
CARDMEMBERS OROTHER PERSONS
SIMILARLY SITUATED. The arbitrator's
authorityto resolve claims is limited to claims
between you and us alone, and the
arbitrator's authority to make awards is limited
to awards to you and us alone. Furthermore,
claims brought by you against us, or by us
against you, may not be joined or
consolidated in arbitration with claims brought
by or against someone otherthan 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 of this Agreement (including but not
limited to the Continuation subsection below)
and without waiving either party's right to
appeal such decision, should any portion of
this Restrictions on Arbitration subsection be
deemed invalid or unenforceable, then the
entire Arbitration provision (other than this
sentence) shall not apply.
Arbitration Procedures
ThisArbitration provision is made pursuant to
transactions involving interstate commerce
and shall be governed by the FAA. The
arbitration shall be governed by the applicable
code, except that this Agreement shall apply if
there are any conflicts. The arbitrator shall
apply applicable substantive law consistent
with the FAAand applicable statutes of
limitations, shall honorclaims of privilege
recognized at law, and, at the timely request
of either party, shall provide a brief written
explanation of the basis for the decision. The
arbitration proceeding shall not be governed
by any federal or state rules of civil procedu re
or rules of evidence. Any party may request
that the arbitrator expand the scope of
discovery by doing so in writing and copying
any other parties, who shall have 15 days to
make objections. The arbitratorwill notify the
parties of his/her decision within 20 days of
anyobjecting party's submission. The
arbitrator shall take reasonable steps to
preserve privacy. The arbitrator's award shall
be final and binding, except for any right of
appeal provided by the FAA; however, either
party shall have 30 days to appeal that
decision by notifying the arbitration
organization and any other parties in writing.
Definitions
As used in this Arbitrat
claim means any clai
controversy between
or relating to your Acc
the Electronic Funds
Agreement, and any o
agreement that you m
the relationships resul
above agreements, e
enforceability or scop?
provision. For purpose
provision, you and us
corporate parent, orw
subsidiaries, affiliates
predecessors, succes1
purchaser of any acco
employees, directors
any of the foregoing, a
referred to below in the
Claim includes claims
nature, including but n
claims, counterclaims]
party claims and claim
tort, fraud and other int
regulations, common I
also includes claims b
party usi ng or providin
or benefit in connectio
(including, but not limit
third parties who acre
who use, provide or pa
or free benefit program
and rewards program
companies, debt colle
agents, employees, di
representatives) if and
is a party in connection
term claim istobe give
possible meaning that
includes, byway of exa
limitation, any claim, di
that arises from or relat
accounts created and
agreements, or any bal
accounts, (b) advertise
oral orwritten stateme
accounts, goods or se
any of the accounts or t
(c) the benefits and se
Card membership (incl
benefit programs, enro
rewards programs), an
for any account. We sh
arbitration underthisAr
CMAEUACM0000102
on provision, the term
, dispute or
,ou and us arising from
,unt, this Agreement,
ransfer Services
her related or prior
ry have had with us, or
ing from any ofthe
cept for the validity,
of this Arbitration
s of this Arbitration
also includes any
rolly or majority owned
any licensees,
sors, assigns, any
rots, all agents,
nd representatives of
rd other persons
definition of claims.
)f every kind and
rt limited to, initial
cross-claims and third-
based upon contract,
;ntional torts, statutes,
rwandequity. Claim
or against any third
any product, service
with anyaccount
A to, credit bureaus,
tthe card, third parties
ticipate in fee-based
s, enrollment services
credit insurance
tors and all of their
actors and
only if, such third party
Mth the claim. The
i the broadest
vill be enforced and
nple and without
;pute or controversy
;s to (a) any of the
r anyofthe
ances on any such
rents, promotions or
is related to any such
eices financed under
ieterms of financing,
ices related to
iding fee-based or free
Iment services and
t (d) your application
ill not elect to use
bitration provision for
Page 8 of 9
continued on next page...
... continued from previous page
The organization will then appointa three-
arbitrator panel which shall consider anew
any aspect of the decision objected to by the
appealing party. The panel shall issue its
decision, by majority ote, within 120 days of
the appealing party's written notice. Judgment
upon any award rendered by the arbitrator or
panel may be entered in any court having
jurisdiction.
Location ofArbitrat n
Arbitration hearings y u attend shall take
place in the federal ju icialdistrict ofyour
residence.
Payment of Fees
You will be responsible for paying your share,
if any, of the arbitration fees (including filing,
administrative, hearing and/or other fees), but
only up to the amount of the filing fees you
would have incurred if you had broughta
claim in the state orfederal court closest to
your billing address that would have had
jurisdiction. We will be responsible for any
additional arbitration fees. At your written
request, we will considerin good faith making
a temporary advance of all or part of your
share of any arbitration fees. You will not be
assessed any arbitration fees in excess of
your share if you do not prevail in any
Your Billino Rights :Keep this Document for Future Use
While we investigate whether or not there
has been an error:
• We cannot try to collect the amount in
question, or report you as delinquent on
that amount.
• The charge in question may remain on your
statement, and we may continue to charge
you interest on that amount.
• While you do not have to pay the amount in
question, you are responsible for the
remainder of your balance.
• We can apply any unpaid amount against
your credit limit.
Afterwe finish our investigation, one of two
things will happen:
• Ifwe made a mistake : You will not have to
pay the amount in question or any interest
or other fees related to that amount.
• If we do not believe there was a mistake
You will have to paythe amount in
question, along with applicable interest and
fees. We will send you a statement of the
amount you owe and the date payment is
due. We may then report you asdelinquent
if you do not pay the amount we think you
owe.
This notice tells youa out your rights and our
responsibilities under heFairCreditBilling
Act.
What To Do If You Find a Mistake on Your
Statement
If you think there is an erroron your
statement, write to us at:
American Express.
PO Box 981535
El Paso TX 79998-1:1535
In your letter, give us the following
information:
• Account information : Your name and
account number.
• Dollaramount: The dollar amount of the
suspected error.
• Description ofproblom:If you think there is
an error on your bill, describe what you
believe is wrong and why you believe it is a
mistake.
You must contact us:
• Within 60 days after the error appeared on
your statement.
• At least 3 business days before an
automated paymen is scheduled, if you
want to stop payme t on the amount you
thinkiswrong.
You must notify us of any potential errors in
writing. You may call us, but if you do we are
not required to investigate any potential
errors and you may have to pay the amount
in question.
What Will Happen AOer We Receive Your
Letter
When we receive your, ietter, we must do two
things:
1. Within 30 days of receiving yourietter, we
must tell you that we received your letter.
We will also tell you itwe have already
corrected the error.
2. Within 90 days of reqeiving your letter, we
must either correct t eerrororexplainto
you whywe believe the bill is correct.
CMAEUACM00001021
If you receive our explanation but still believe
your bill is wrong, you must write to us within
10 days telling us that you still refuse to pay.
If you do so, we cannot report you as
delinquent without also reporting that you are
questioning your bill. We must tell you the
name of anyone to whom we reported you as
delinquent, and we must let those
organizations know when the matter has
been settled between us.
If we do not follow all of the rules above, you
do not have to pay the first $50 of the amount
you question even if you r bill is correct.
arbitration with us.
Continuation
This Arbitration provision shall survive
termination of yourAccou nt; voluntary
payment of the Account balance in full by you;
any legal proceeding by you or us to collect a
debt owed bythe other; any bankruptcy by
you or us; and any sale by us of yourAccount
(in the case of a sale, its terms shall apply to
the buyer of your Account). If any portion of
this Arbitration provision, except as otherwise
provided in the Restrictions on Arbitration
subsection, is deemed invalid or
unenforceable, it shall not invalidate the
remaining portions of this provision.
Your Rights If You Are Dissatisfied With
Your Credit Card Purchases
If you are dissatisfied with the goods or
services that you have purchased with your
credit 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
amou nt due on the purchase.
To use this right, all of the following must be
true:
1. The purchase must have been made in
your home state or within 100 miles of your
current mailing address, and the purchase
price must have been more than $50.
(Note: Neither of these are necessary if
your purchase was based on an
advertisement we mailed to you, or if we
own the company that sold you the goods
or services. )
2. You must have used your credit card for
the purchase. Purchases made with cash
advances from an ATM or with a check that
accesses your credit card account do not
qualify.
3. You must not yet have fully paid for the
purchase.
If all of the criteria above are met and you are
still dissatisfied with the purchase, contact us
in writing at:
American Express
PO Box 981535
El Paso TX 79998-1535
While we investigate, the same rules apply to
the disputed amount as discussed above.
Afterwe finish our investigation, we will tell
you our decision. At that point, if we think you
owe an amount and you do not pay, we may
report you as delinquent.
Page 9 of 9
EXHIBIT "B"
AMERICAN Blue from American Expresss""
EXPRESS
SHAWN P GELSDORF
Closing Date 11/07/11
New Balance $5,563.18
Minimum Payment Due $598.00
Includes the past due amount of $487.00
Payment Due Date 12/02/11
Late Payment Warning: If we do not receive your Minimum Payment Due by
the Payment Due Date listed above, you may have to pay a late fee of up to
$35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%.
Minimum Paymelnt Warning: If you make only the minimum payment each period,
you will pay more in interest and it will take you longer to pay off your balance. For
example:
If you make no additional You will pay off the balance And you will pay an
charges and each month you shown on this statement in estimated total of...
pay... about...
Only the 16 10,919
Minimum Payment Due years
If you would like information about credit counseling services, call 1-888-733-4139.
PI See page 2 for important information about your account.
O This statemeint is for information purposes only. This is not a bill. Please
contact your collections agency for account information. Disregard the
Minimum Payment Due, your account is in default and the balance is due
in full.
+ Please fold on the perforation below, detach and return with your payment +
p. 1 /3
Account Ending 7-01000
Earn points on all of your
purchases, everywhere you use
the Card.
Visit www.americanexpress.com/rewards
Account Summary
Previous Balance $5,563.18
Payments/Credits -$0.00
New Charges +$0.00
Fees +$0.00
Interest Charged +$0.00
New Balance $5,563.1
Minimum Payment Due 8
$598.00
Credit Limit $5,700.00
Available Credit $136.82
Cash Advance Limit $0.00
Available Cash $0.00
Days in Billing Period: 31
Customer Care
Pay by Computer 1
amencanexpress.com/pbc J
Customer Care Pay by Phone
1-888-258-3741 1-800-472-9297
O See Page 2 for additional information.
® Payment Coupon Pay by Computer Pay by Phone
Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297
IIIIIIII"y?ll?l"IL""IJllyl""Illhrll"Illhl"1"Illlrrl'lllllll
SHAWN P GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055-4371
Account Ending 7-01000
Enter account number on all documents.
Make check payable to American Express..
Payment Due Date
12/02/11
New Balance
$5,563.18
Minimum Payment Due
$598.00
'1111"III'IIIII'II'1111111111111iIII'11111"I"I'11'1'IIIIIIII'I
Check here if your address or AMERICAN EXPRESS
phone numbler has changed. P.O. BOX 1270
Note changes on reverse side. NEWARK NJ 07101-1270
Amount Enclosed
0000341991103245015 000556318000059800 04 d
SHAWN P GELSDORF Account Ending 7-01000 p. 2/3
Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to
be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also:
(1) include the remittance coupon from your statement; (2) be made with a single check 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; and (3) include your Account number. If your payment does
not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic
payments must be shade through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept
payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law.
Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on
us without our express prior written approval. We will re-presentto your financial institution any payment that is returned unpaid.
Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from
your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number
and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we
process your check Electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your
check, and you will of receive that cancelled check with your depositor other asset account statement. If we cannot collect the funds electronically
we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other
electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the
amount you request] Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day.
How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we
charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and
how resulting interest charges are determined. The method we use to figure the ADB and interest results in dailycompounding of interest.
Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the
New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning
on the transaction dote.
Foreign Currency C arges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it.
We will charges fL4 of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a
particular rate is req ired bylaw. The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we id ntify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on
the date of your cha e. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use.
Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a
check for the credit balance within 30 days if the amount is $1.00 or more.
Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your
Account may be reflected in your credit report.
New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates, fees and grace periods by
calling 1-800-518-8866.
Customer tare & Billing Inquiries
International Collect
Large Prin & Braille Statements
ExpressCaSh
1-888-BLUE-741
1-888-258-3741
1-336-393-1111
1-888-BLUE-741
1-888-258-3741
1-800-CASH-NOW
Hearing Impaired
TTY: 1-800-221-9950
FAX: 1-800-695-9090
In NY: 1-800-522-1897
Change of Address
If correct on front, do not !,use.
• To change your addres liiwww.americanexpress.com/updatecontactinfo
• For Name, Company N e, aFoeign Address or Phone changes, please call Customer Care.
• Please print clearly in jnonn'%vs,rt
ue or black ink o nly in the boxes provided.
i
Street Address
City, State
Zip Code
Area Code and
Home Phone
Area Code and
Work Phone
Email
Website: americanexpress.com
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annERlouu Blue from American Expresss'
EXPRESS
SHAWN P GELSDORF
Closing Date 11/07/11
p. 3/3
Account Ending 7-01000
Fees
Amount
Total Fees for this Period $0.00
Interest Charged
Amount
Total Interest Charged for this Period $0.00
2011 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2011 $75.00
Total Interest in 2011 $689.61
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Balance5ubject Interest
Percentage Rate to Interest Rate Charge
Purchases 15.24% (v) $0.00 $0.00
Cash Advances -25.24%(v) $0.00 $0.00
Total $0.00
M Variable Rate
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?? tp of l.um6rr4? 40
,,1
OFFICE v-F THE 3"ERIPF
American Express Centurion Bank
Case Number
vs.
Shawn Patrick Gelsdorf 2012-3316
SHERIFF'S RETURN OF SERVICE
06/01/2012 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 1
2012 at 2000 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Shawn Patrick Gelsdorf, by making known unto himself personally, at 17 Robin Court,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $38.00
June 06, 2012
4z-
STEPHEN-BENDER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(Cl CountySuite Sheriff. Teleosoft. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANI
AMERICAN EXPRESS
No. 2012-3316 '
C= c
,..
.
.?
CENTURION BANK
cr ,
Plaintiff/Petitioner
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fi
vs.
SHAWN GELSDORF
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p ? °
o
Defendant(s)/Respondent(s) > c-? Z =-
C
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant, SHAWN GELSDORF r
failure to answer the Complaint. ,
(X) Amount due $5,563.18
TOTAL $5,563.18, plus costs and statutory interest from the date of
(X) I certify that the foregoing assessment of damages is for specified amounts alleged t be
due in the complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certi that
a copy of this praecipe has been mailed to each other party who has appeared in the action to
his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent ion to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered, and t
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to th
of the filing of this praecipe and a copy of the notice je7ttached.
DATE: l o
Amy F. DByle.&ARire
PA Supreme Court ID 87062
Doyle Legal Services, LLC
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
NOW, , 2012, JUDG NT N D AS A
Protho C er , ivi ivision
BY:
date
Sat
d+
t2? a s°3??
\n u
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS No. 2012-3316
CENTURION BANK
Plaintiff/Petitioner
vs.
SHAWN GELSDORF
Defendant(s)/Respondent(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, being duly sworn according to law, depose and say that I am the
Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge,
information and belief, Defendant SHAWN GELSDORF, above-named, is over 21 years of age; is
known to reside at 17 ROBIN CT, MECHANICSBURG PA 17055, County of CUMBERLAND, S
of Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within
provisions of the Service members Civil Action Relief Act and its Amendments.
Date:
AF. iurt e
ID 87062
Doyle Legal Services, LLC
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
On this, the I ?= day of ) ?-? , 2012, before me, the undersigned officer, personally
appeared Amy F. Doyle, known to me to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purpose therein contained.
Notary Public
COMMONWEALTH OF PENNSnVIANIA
Notarial Seal
Cortney Moreland, Notary Public
Spring Garden 7Vvp., York County
MY C.orr111115slon Byres Nov. 23, 2013
Member: Penrw*mnin AwedoJan of Noq-
DOYLE LEGAL SERVICES, LLC
DLS Attorneys in the Practice of Debt Collection
Amy F. Doyle, Esquire (Admitted PA, OH)
I 1 East Market Street, Suite 102, York, PA 17401
877-202-9420 1 717-885-0718 FAX: 717-885-0726 1 adoyle@doylels.com
June 26, 2012
SHAWN GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
RE: AMERICAN EXPRESS CENTURION BANK vs. SHAWN GELSDORF
Docket No. 2012-3316
Dear Shawn Gelsdorf:
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of
Procedure.
Si
Amy F. Do f l+17062
Doyle Legal S ices, LLC
11 East Market St., Suite 102
York, PA 17401
adoyle@doylels.com
(717) 885-0718
(877) 202-9420
(717) 885-0726 (facsimile)
Enclosure
'ivil
This is an attempt by a debt collector to collect a debt and any information obtained will be used for that
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA'.
AMERICAN EXPRESS
CENTURION BANK
Plaintiff/Petitioner
vs.
SHAWN GELSDORF
Defendant(s)/Respondent(s)
TO: SHAWN GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
Date of Notice: June 26, 2012
No. 2012-3316
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO F
OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service & Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
By
Amy F. Dle #87062
Doyle Legal Services, LLC
11 East Market St., Suite 102
York, PA 17401
adoyle@doylels.com
(717) 885-0718
(877) 202-9420
(71.7) 885-0726 (facsimile)
File: 10007011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPESS No. 2012-3316
CENTURION BANK
Plaintiff/Petitioner
vs.
SHAWN GELSDORF
Defendant(s)/Respondent(s)
NOTICE OF JUDGMENT
(X) Notice is hereby given that a Judgment in the bove-captioned matter has been ent
against you in the amount of $5,563.18 on_, 2012, pl
costs and statutory interest from the date of Judgment.
(X) A copy of all documents filed with the
is/are attached.
within i
If you have any questions regarding this Notice, pose contact the filing party.
Amy F. Doy?,XsgUd"
PA Supreme Court ID 87062
Doyle Legal Services, LLC
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
SHAWN GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS No. 2012-3316
CENTURION BANK
Plaintiff/Petitioner
vs.
SHAWN GELSDORF
Defendant(s)/Respondent(s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise residence of Plaintiff is:
AMERICAN EXPRESS CENTURION BANK
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
and certify that the last known address of the within Defendant is:
SHAWN GELSDORF
17 ROBIN CT
MECHANICSBURG PA 17055
Amy ODoylire PA
Supreme Court ID 87062
Doyle Legal Services, LLC
I 1 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS No. 2012-3316
CENTURION BANK
Plaintiff/Petitioner ,
vs. (Y7
SHAWN GELSDORF �,,r
Defendant(s)/Respondent(s) +' =--q'
c:)_
PRAECIPE FOR ENTRY OF APPEARANCE �
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Plaintiff, with regard to the above
matter.
Respectfully submitted,
r '
Amy F. Do , Esgiy •e
PA Supreme Court fD 87062
JAFFE &ASHER, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff