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HomeMy WebLinkAbout12-3318IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA AMERICAN EXPRESS NO. L? g Ill BANK FSB PLAINTIFF vs. A SHAWN GELSDORF 17 ROBIN CT -77 C MECHANIICSBURG 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 following 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 0 OHO I d ?Sf'd a ? FILE NO. 10007035 a S7 5o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. BANK FSB PLAINTIFF vs. SHAWN GELSDORF 17 ROBIN CT MECHANI'CSBURG PA 17055 DEFENDANT(S) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en 14s siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despuds que esta Demanlda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra psted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demar?da o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o prdpiedad o otros derechos importante para usted. USTED DE',BE 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 NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMA(ION 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. 10007035 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. BANK FSB PLAINTIFF vs. SHAWN GIELSDORF 17 ROBIN ACT MECHANICSBURG PA 17055 DEFENDANT(S) COMPLAINT 1. The Plaintiff is AMERICAN EXPRESS BANK FSB, (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 all 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. 10007035 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. Plaintiff 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 $9,995.28. 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. Asaresult 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 foes from Defendant. 16. By reason of the foregoing, American Express is entitled to judgment against Defendant for breach of contract in the sum of $9,995.28, plus reasonable attorney's fees, costs and prejudgment interest. WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of $9,905.28, plus reasonable attorney's fees, costs and prejudgment interest. FILE NO. 10007035 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 $9,995.28, 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 $9,995.28, 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 4 result of the foregoing, Defendant received the benefit of American Express' extension of credit in the amount of $9,995.28 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 and after Defendant opened the Account. 25. The treasonable value of the credit American Express provided Defendant is the sum of $9,995.28. 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. 10007035 WHEREFORE, American Express demands judgment against Defendant on Count 3 in an amount to be determined at trial. Respectfully submitted, Amy F. Doyle, E PA Supreme Court 87062 Doyle Legal Services, LLC 11 East Market St., Suite 102 York, PA 17401 717-885-0718 877-202-9420 206-203-3872 (facsimile) Counsel for Plaintiff FILE NO. 10007035 VERIFICATION am for American Express Bank FSB, the within Plaintiff, after my review of the American Express Bank FSB 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: 1 ?i FILE NO. 1000703 5 on behalf of American Express Bank FSB EXHIBIT "A" AMERICAN E?RE55 Card member Agreement: Part 1 of2 As of: 11/06/2010 Hilton HHonors@ Card Issuer: American Express Bank, FSB Cardmember Name: Shawn P Gelsdorf Credit Limit: $ 19,700 (Cash Advance Limit: $4,000) Account Ending In : 31009 Rates and Fees Table Interest Rate i Annual Percentage Rate 15.24% (APR)forPur hases This APRwill vary with the market based on the Prime Rate. APR for Balance Transfers 15.24%forany balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APRforCashlAdvances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR 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 for at 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 afterthe close of each billing period. We will 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 Ca Tips from d To learn more about factors to considerwhen applying for or using a credit card, serve Board the Federal Re visitthe website of the Federal Reserve Board at Annual Mem rship Fee None Transaction es • Balance Tra sfer Either $5 or 3%ofthe amount of each transfer, whichever is greater. • Cash Advan?e Either $5 or 3% of the amount of each cash advance, whichever is greater. -Foreign Transaction 2.7% of each transaction afterconversion to US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $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 11 How Rates Calculating APRs and DPRs 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% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR appl ies to a balance, it will newtransactiohs •youdonotpayatleast theMinimum apply to charges added to that 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 Minimum We will review your Account every 6 months 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 madetimely • your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for 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 tothose balances itdoes notalready applyto. Afteryou payon time for 6 billing periods in a row, the penaltyAPR will no longer apply to those balances (but it may still apply to other balances as described above). We add fees to a purchas e balance, unless we tell you otherwise. Annual Membership This fee ison the Rates and Fees Table on 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 APRfornewtransactions and PenaltyAPRforexistingbalances above. Returned Payment Up to $35. If your payment is returned unpaid the first time we present itto 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 new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None.See Credit limit and cash advance limit inPart2. Statement Cop $5 for each statement you request, except for the 3 most recent billing periods. Account Re-op ning $25 if yourAccount is cancelled, you ask us to re-open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. Adifferentfee may apply if stated in a promotional offeror atthe 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 obtain (including any 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%ofthe converted U.S. dollar amount. This fee is a finance charge. See Converting charges made in a foreign currency in Part 2. Part 1, Dart 2 and any supplements oramendments makeup your Card member Agreement. CMAEUAA00000105 Page 2of 11 AMERICAN EXPRESS Supplementto the Cardmember Agreement How Your Reward Program Works Hilton HHonors How you receive You receive 3 Hilton HHonors ®bonus points points (points) for each $1 of eligible spending on your Hilton HHonors Card from American Express (Card Account) . Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do NOT include: • fees or interest charges, • balance transfers, • cash advances, • purchases of traveler's checks, • purchases or reloading of reloadable prepaid cards,or • purchases of any cash equivalents. How you receive! You receive 3 additional points (a total of6)for additional points each $1 of eligible spending on your Card Account: • at any property within the Hilton Worldwide portfolio. • at U.S. supermarkets, drugstores, and gas stations. • for service payments for home and wireless phone, cable, satellite TV, and internet service providers. You will NOT receive any additional points for: • eligible spending atdepartments of superstores or warehouse clubs. • Hilton Grand Vacations timeshare purchases and package sales. • a purchase if the merchant does notsubmitthe purchase using the correct industry or merchant code. A merchant with more than one location may submit purchases using different codes. This means that purchases at some locations qualify for additional points, while purchases at other locations of the same merchant would not. Whenwetransfsr We transferthe points you receive to your Hilton HHonors program account afterthe end of the points billing period in which you received them. When you will If the Minimum Payment Due is not paid by the Closing Date of the billing period in which it is due, forfeit points you will forfeit the points you received for eligible spending during that billing period. You may reinstate those points within the next 24 billing periods if your Card Account is not past due and you pay a $29 fee. Hilton HHonors You may receive an upgrade tothe Hilton It will take about 10 to 12 weeks afterthe eligible Gold VIP Status HHonors Gold VIP status based on youreligible spend level is reached foryour Hilton HHonors spending for the calendar year. Ifyoureligible Gold VIP status to become effective. spending during a calendar year reaches Your upgrade will expire after 12 months unless $20,000or more, you will beupgradedtothe your eligible spending during the next calendar Hilton HHonors Gold VIP status. year again qualifies you for an upgrade. Only the Basic Cardmember will be enrolled. A calendar year is from January 1 to December 31 regardless of when you open your Card Account. Restriction on You may receive Welcome Bonus Points foropening a Card Account. If you open another Card Welcome Bonus Account with a higher Welcome Bonus Points award, you will only get the difference between the first Points and second awards. Otherthings yowl should know about this program You will receive points only for eligible spending intended for personal, family or household use. We may change the terms of this program at our discretion. If you violate or abuse this program, you may forfeit some or all of your points. We are not responsible for points after they are credited to your Hilton HHonors program account. We are also not responsible forthe actions of Hilton on your Hilton HHonors program account. Hilton HHonors membership, earning of Points & Miles ®and redemption of points are subjectto HHonors Terms and Conditions. You should refer to that document for details on: • how to redeem your points, • Hilton HHonors'rightto change its program terms, and • other conditions that may apply to the Hilton HHonors' program. CMAEUAPS000b117 Page 3of 11 This page intentionally left blank. CMAEUAPS0000117 Page4of 11 AMERICAN EIff?RE55 Card member Agreement: Part 2of2 CD 27738 Introduction; Aboutyour This document togetherwith Part 1makeup the Any supplements or amendments are also part of CardmemberAoreement 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 applicable law. We may do this in response to the business, legal or competitive environment. We cannot increase the interest rate on existing balances except in limited circumstances. Changes to some terms may require 45 days advance notice, and we will tell you in the notice if you have the right to rejecta change. We cannot change certain terms during the first year of your Cardmembership. Words we use inl We, us, and ourmean the issuer shown on page 1 added to yourAccount, such as purchases, cash the Agreement ofPartl. Youand your mean the person who advances, balance transfers, fees and interest applied for this Account and for whom we opened charges.A purchase is a charge for goods or the Account. You a nd your also mean anyone who services.A cash advance is a charge to get cash agrees to pay forthis Account. You are the Basic or cash equivalents.A balance transfer isa charge Cardmember. You may request a card for an to pay an amount you owe on another credit card Additional Cardmember (see AboutAdditional account. Cardmembers in Part 2). To payby a certain date means to send your Cardmeans any card or other device that we issue 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 Part2). About using 4urcard Usingthecard You may use the card to make purchases. At our Account status or changes to your card 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 ifyou want them to stop charging your balances from any other accou nt issued by us orour Account. affiliates. Keep your card safe and don't let anyone else use You may arrange for certain merchants to charge it. If your card is lost or stolen oryour Account is your Account at regular intervals. Wemay(but are being used without your permission, contact us right not required to) tell these merchants about your away. You may not use yourAccount for illegal activities. Promise to pay You promise to pay all charges, including: • charges you make, even if you do not present your card orsign 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. Creditlimit Weassigna Credit Limit toyourAccount.Wemay You agree to manage your Account so that: and cash advancjelimit 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 1ofPart 1andoneach Limit. billing statement. We may approve charges that cause your Account We may increase or reduce yourCredit Limit and balance to go over your Credit Limit.lfwedothis, Cash Advance Limit. We maydoso even ifyou pay we will not charge an overlimit fee. lfweaskyouto on time and your Account is not in default. promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Declinedtransacjtions We may decline to authorize a charge. Reasonswe We are not responsible for any losses you incur if may do this include suspected fraud and our assessment of your creditworthiness. This may occur even if the charge would not cause you to go over your Credit Limit and yourAccount is not in default. we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card. CMAEUACM0000102 Page 5 of 11 About Yt When you mustpay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the 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 payments Make payments to us in U.S. dollars with: your billing statement. If we receive it after that time, • asinglecheckdrawnona U.S. bank, or we will credit the payment on the day afterwe • a single negotiable instrument clearable through receiveit. the U S bankin s stem for x m le g y e a pa mo ne y order, or • an electronic payment that can be cleared through the U.S. banking system. When making a payment by mail: • make a separate payment for each account, • mail your payment to the address shown on the payment coupon on your billing statement, and • write yourAccount number on your check or negotiable instrument and include the payment coupon. If your payment meets the above requirements, we will credit it to yourAccount as of the day we receive it, as long as we receive it by the time disclosed in How we apply and credits YourAccount may have balances with different interest rates. Forexample, purchases may have a 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. If your payment does not meet the above requirements, there may bee delay in crediting your Account. This may result in late fees and additional interest charges (see How Rates and Fees Work on page 2 of Part 1). If we decide to accepta payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us to use a particular rate. If we process a late payment, a partial payment, ore payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement. • After the Minimum Payment Due has been paid, we apply your payments to the balance with the highest interest rate, and then to balances with lower interest rates. Inmost cases, we applya credit tothe same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. About ourM•nimum How we calculat your Minimum Pavment Due Due To calculate the Minimum Payment Due foreach 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 morethan the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billing periods. This may letyou make a smaller minimum paymentfrom time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start orstop 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 % of the New Balance in (2). Then, if (2) is the highest (but less than 4%ofthe 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 6 of 11 CERCAN. ... 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 adjust the Minimum Payment Due the last time it was not zero. 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. on purchases. If you pay the New Balance on a statement by the Payment Due Dateand 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: payment to the Closing Date of the billing period in which you madethat 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 • you pay the New Balance on the next statement la cei v V1 C1 U Cwi udidl IUV. How we calculate interest 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 foreach balance. The total interest charged for a billing period is the sum of the interest charged on each balance. Interest The interest charged fora balance in a billing period, except forvariations 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 the ADB fora balance, we add up its daily balances. Then we divide the result by the number of days the DPR forthat 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 ofa percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 1. Assume tAef7re?rlir+taii ?irlirlave?halw aiC tb.tiil% yWA a0W#t WsM30 71» fl1** tliL9 fi; 3 1?+11h?6 tJ?31YlG , 1's SZ2SDxO.D4X%x3Qdleys==! 6T Daily Balance Foreach day a DPR is in effect, we figure the daily balance by: • taking the beginning balance for the day, • 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 first day of a billing period, the beginning balance is the ending balance for the priorbilling period, including unpaid interest. Forthe rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day sdailybalance multiplledbythe DPR forthat balance . 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 for this new balance, we multiply the previous day's daily balance by the old DPR and add the result to that day's daily balance. Othermethods To figure the ADB and interest charges, we may use otherformulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM00001 p2 Page 7 of 11 If you pay the New Balance on every statement by by the Payment Due Date, we will not charge the Payment Due Date, we will not charge interest interest on purchases from the date of your Determining the Prime Rate Cardmembers We use the Prime Rate from the Money Rates 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 Journal 2 days before the Closing Date of the billing period. The Wall StreetJournal 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 At your request, we may issue cards to Additional Cardmembers. They do not have accounts with us but they can use your Account subject to the terms ofthis 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. use the Prime Rate from any other newspaper of general circulation in New York, New York. Orwe 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. You authorize us to give Additional Cardmembers information about yourAccount and to discuss it with them. If you want to cancel an Additional Cardmember's right to use yourAccount(and cancel their card) you musttell us. Converting charges made If you make a charge in a foreign currency, we will in aforeign currency convert it into U.S. dollars on the date we orour agents process it. Unless a particular rate 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 if you change the: billingaddress mailing address to which we send billing statements; or • e-mail address to which we send notice that your billing statement is available online. Closing your Account You may close yourAccount by calling us or writing to us. Cancelling or suspending We may: yourAccount cancel your Account, • suspend the ability to make charges, • cancel orsuspend any feature on your Account, and • notify merchants that your Account has been cancelled or suspended. About default If we do any of these, you must still pay us for all charges underthe terms of this Agreement. We may consider your Accountto 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. 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. We may do any of these things at our discretion, even if you pay on time and your Account is not in default. If yourAccount is cancelled, you must destroy your cards. We may agree to reinstate your Account after a cancellation. If we 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 yourAccount in default, we may: • suspend your ability to make charges, • cancel or suspend any feature on your Account • require you to pay more than your Minimum Payment Due immediately, and • require you to pay yourAccount balance immediately. Collection costs: You agree to pay all reasonable costs, including attorneys' fees, that we incur to 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 for any purposes, subject to applicable law. You agree that we may give information about your Accountto 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 your Account number and the specific information you believe is incorrect. CMAEUACM0000102 Page 8 of 11 CERICAN, 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 our records. 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 contactyou about topics to ensure the qualityof customerservice orwhen it ranging from servicing to marketing offers to is required by law. collecting amounts you owe. We may monitor and You can choose to not receive marketing offers from record phone calls between you (or any Additional us. To do this, call us at 1-800-297-8378 or log on to Cardmembers on yourAccount) and us. We do this www.amedcanexpress.com/communications About insurance,products We orouraffiliates may tell you about insurance and oranother affiliate is the insurer orreinsurer. non-insurance products, services orfeatures that Compensation may influencewhat products and may have a fee. One of our affiliates may acton providers we orouraffiliates tell you about. behalf ofa providerof these products. The affiliate We may share information about you with our may be compensated forthis. The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you. We may be compensated for this behalf. Our affiliates may get additional information. compensation when Amex Assurance Company How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducted from debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day account otherasset account. we receive your check. Also, you will not receive We may processthe check electronically by that cancelled check with your bank orasset transmitting to your financial institution: account billing statement. • theamount, If we cannot collect the funds electronically, we may • the routing number, issue a draft against your bank or other asset • the account number, and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account maybe equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can callus to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at anytime. Privacy Act of19f4notice Some federal agencies may accept the card under authority of statute. When you make charges atthese 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. Conveniencech;cks Convenience checks (including balancetransfer add thefeetothesame balancethatwe add the checks) are checks thatwe may send you to access convenience check transaction to. yourAccount. The following terms will apply to use We will charge $29 each time you ask us to stop ofthose checks unless otherwise disclosed with the paymenton a convenience check. check. If you use a convenience check, we may decline it. If we decline it, you may have to pay returned check fees orother 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 Aconvenience check is nota 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, orto 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 rightto add, modify or delete any benefit, service, orfeature of your Account at our discretion. Assigning the Agreement We may sell, transfer orassign this Agreement and your Account. 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 charge with a merchant, we may creditthe Account forall or partof the disputed charge. If we do so, you assign and transferto us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant forthe credited amount. And you must cooperate with us if we decide to do so. CMAEUACM00001 p2 Page 9 of 11 We do notwaiveourrights We may choose to delay enforcing or to not exercise rights underthis Agreement. If we do this, we do not waive our rights to exercise orenforce them on any otheroccasion. Governing law Utah law and federal law govern this Agreement and your Account. 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 provision sets forth the circumstances and procedures under which claims may be arbitrated instead of litigated in court. Definitions As used in thisArbit ation provision, the term claim means any cl im, dispute or controversy betwe n you and us arising from or relating toyourA count, this Agreement, the Electronic Fund Transfer Services Agreement, and anj other related or prior agreement that you may have had with us, or the relationships re, ?ulting from any of the above agreements, exceptforthe validity, enforceability orsc pe of this Arbitration provision. Forpur ses of this Arbitration provision, youand s also includes any corporate parent, o wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directo s and representatives of any of the foregoing and otherpersons referred to below in e definition of claims. Claim includes claims of every kind and nature, including but not limited to, initial claims, counterclai s, cross-claimsand third- party claims and claims based upon contract, tort, fraud and other Intentional torts, statutes, regulations,commonlawandequity. Claim also includes claims by oragainst any third party using orproviding any product, service or benefit in connection with any account (including, but not lir{iited to, credit bureaus, third parties who accept the card, third parties who use, provide or participate in fee-based orfreebenefit progr ms, enrollment services and rewards progra s, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if a d only if, such third party is a party in connecti n with the claim. The term claim is to be gi en the broadest possible meaningth twill be enforced and includes, by way ofgxample and without limitation, any claim,I dispute or controversy that arises from or relates to (a) any of the accounts created under any of the agreements, or any alances on any such accounts, (b)advert sements, promotions or oral orwrittenstate entsrelatedtoanysuch accounts, goods orservices financed under any of the accounts rthe terms of financing, (c) the benefits and services related to Cardmembership(i cludingfee-basedorfree benefit programs, enrollment services and rewards programs), ¢nd (d) your application for any account. We :hall not elect to use arbitration under this! Arbitration provision for CMAEUACM00001 any claim that you properly file and pursue in a small claims court of your state or municipality so long as the claim is individual and 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 afteryou receive notice of ourselection. Fora copy of the code, to file a claim orfor other information, contact either: JAMS (1920 Main St #300, Irvine, CA 92614 or jamsadr.com) orAAA (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, or to an 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 IS CHOSEN BY ANY PARTYWITH RESPECT TOACLAIM, NEITHERYOU NOR WE WILL HAVETHE RIGHTTO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOTHAVETHE RIGHTTO PARTICIPATE I N A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPTAS SET FORTH BELOW, THEARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENTTO COURTALSO 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 Page 10 of 11 RIGHT OR AUTHORITY FORANYCLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS ORON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITYON BEHALF OFTHE GENERAL PUBLIC, OTHER CARDMEMBERS OROTHER PERSONS SIMILARLY SITUATED. The arbitrator's authority to resolve claims is limited to claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by 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 byall parties. No arbitration award ordecision 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 This Arbitration 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 thatthis Agreement shall apply if there are any conflicts. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, 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 forthe decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure 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 arbitrator will 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. continued on next page... AMERICAN E?RE55 ... continued from previous page The organization will then appoint a 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 vote, within 120 days of the appealing party's written notice. Judgment upon any award ren eredbythearbitratoror panel may be enter in any court having jurisdiction. Location of Arbitration Arbitration hearings ou attend shall take place in the federal j0dicial district of your 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 ofthe filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address that would have had jurisdiction. We will be responsible for any additional arbitration fees. At yourwritten request, we will consider in 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 arbitration with us. Continuation This Arbitration provision shall survive termination ofyourAccount; 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 ofyourAccount (in the caseofa sale, its terms shall applyto the buyerofyourAccount). 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 Billing Rights :Keep this Document for Future Use This notice tells you about your rights and our responsibilities under theFairCreditBilling Act. What To Do If You Hind a Mistake on Your Statement If you think there is an error on your statement, write to us at: American Express PO Box 981535 El Paso TX 79990-1535 In your letter, give us the following information: • Account information: Your name and account number. • Dollaramount: The dollar amount of the suspected error. • Description ofpro¢lem:Ifyouthinkthereis an error on your bill, describe what you believe iswrong and why you believe it is a mistake. You must contact usr. • Within 60 days aft6rthe error appeared on yourstatement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may cal us, but if you do we are not required to investigate anypotential errors and you may have to pay the amount in question. What Wi I I Happen After We Receive Your Letter When we receive your letter, we must do two While we investigate whether or not there has been an error: • We cannot try to collect theamountin 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. After we finish our investigation, one of two things will happen: • Ifwe made a mistake : You will not have to pay the amount in question orany interest or other fees related to that amount. • If we do not believe there was a mistake You will have to pay the 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 as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you mustwrite 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. things: If we do not follow all of the rules above, you 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 amountdue on the purchase. To usethis right, all of the following must be true: 1. The purchase must have been made in your home state or within 100milesofyour 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 orwith a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid forthe 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 EI Paso TX 79998-1535 While we investigate, the same rules apply to the disputed amountas 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 1. Within 30 days of receiving your letter, we do not have to pay the first $50 of the amount report you as delinquent. must tell you that *a received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct: the errororexplain to you why we believe the bill is correct. CMAEUACM0000102 Page 11 of 11 EXHIBIT "B" on HHonors® Card from American Express ECRMAN. The Hilt SHAWN P GELSDORF Closing Date 11/15/11 New Balance $9,995.28 Minimum' Payment Due $1,240.00 Includes the past due amount of $1,040.00 Payment Due Date 12/10/11 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Ne 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 Payment 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 20 $20,377 Minimum Payment Due years If you would like information about credit counseling services, call 1-888-733-4139. Seepage 2 for important information about your account. Your account is past due and overlimit. Pay at least $1,240.00, plus any additional charges incurred on your account since the date of this billing statement. If you would like to receive e-mail alerts about payments, spending or fraud protection, you can sign up at americanexpress.com/alerts. O This statement 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 + H. HHONORS p. 1f3 HILTON WORLDWIDE Account Ending 2-31009 View your Hilton HHonors® point balance at hiltonhhonors.com Account Summary Previous Balance $9,995.28 Payments/Credits -$0.00 New Charges +$0.00 Fees +$0.00 Interest Charged +$0.00 New Balance $9,995.281 Minimum Payment Due $1,240.00 J Credit Limit $9,700.00 Available Credit $0.00 Cash Advance Limit $0.00 Available Cash $0.00 Days in Billing Period: 30 Customer Care Pay by Computer 1 amencanexpress.com/pbc J Customer Care Pay by Phone 1-800-297-1000 1-800-472-9297 O See Page 2 for additional information. ® Payment Coupon Pay by Computer Pay by Phone Do not staplelor use paper clips amerlcanexpress.com/pbc 1-800-472-9297 ?Il?llllllylilirl?llrl???l?llllll??rr?lrr?rl?llllrl?l?lll?llll?l SHAWN P GELSDORF 17 ROBIN CT MECHANICSBURG PA 17055-4371 Account Ending 2-31009 Enter account number on all documents. Make check payable to American Express. Payment Due Date 12/10/11 New Balance $9,995.28 Minimum Payment Due $1,240.00 III'IIIIIII?II11?'III'III'Irlrl?rrrlrliil?l'??IIII?'1?1?I11???1 Check here if your address or AMERICAN EXPRESS phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK NJ 07101-1270 Amount Enclosed 0000349990747905240 000999528000124000 12 H SHAWN P GELSDORF Account Ending 2-31009 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 made 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-present to 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 depositor 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 not receive that cancelled check with your deposit or 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 doilycompoundingofinterest. 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 glue date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign CurrencyC 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 chargea fe?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 required 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 identify 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 charge. 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 balanceyou 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 Care & Billing Inquiries International Collect Large Prin & Braille Statements Express Cash 1-800-297-1000 Hearing Impaired 1-336-393-1111 TTY: 1-800-221-9950 1-800-297-1000 FAX: 1-800-695-9090 1-800-CASH-NOW In NY: 1-800-522-1897 Change of Address If correct on front, do not use. To change your address online, visit www.americanexpress.com/updatecontactinfo For Name, Company Nome, and Foreign Address or Phone changes, please call Customer Care. Please print clearly in blue or black ink only in the boxes provided. Street Address City, State Zip Code Area Code and Home Phone Area Code and Work Phone Email Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Pay Your Bill with AutoPay Avoid late fees Save time Deduct your payment from your bank account automatically each month Visit americanexpress.com/autopay? today to enroll. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. Fees Amount Total Fees for this Period $0.00 AMERICAN The Hilton HHonors® Card from American Express H. HHONORS p. 3/3 HILTON WORLDWIDE E1?RE55 SHAWN P GELSDORF Closing Date 11/15/11 Account Ending 2-31009 Interest Charged Amount Total Interest Charged for this Period $0.00 2011 Fees and Interest Totals Year-to-Date Amount Total Fees in 2011 $100.00 Total Interest in 2011 $1,216.97 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases ____1'5.24%(v) $0.00 $0.00 Cash Advances 25.24%(y) $0.00 $0.00 Total $0.00 (v) Variable Rate Hilton HHdnorsO Points Earned H. HHONORS HILTON WORLDWIDE Hilton HHonors Account Number: 868838535 Current Period Year to Date Points Earned for Eligible Spend 0 _ 721 Total Bonus Points Earned 0 718 Total HHonors Points Earned 0 1,439 Your qualifying Year?to-Date spend on your Hilton HHonors® Card is $240.00. To qualify for Hilton HHonors Gold VIP Status, you need to have $20,000 qualified spend by December 31st. As of 11/15/11, you have 1,177 forfeited points available for reinstatement. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor y. ? a OFFICE OF THE S?xER1FF I . i EI ?ett', i'? • American Express Bank, FSB vs. Shawn Patrick Gelsdorf Case Number 2012-3318 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 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (6 CountySuite Shenff. Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS BANK FSB No. 2012-03318 Plaintiff/Petitioner C") N C c vs. SHAWN GELSDORF Defendant(s)/Respondent(s) z? -<> cm PRAECIPE FOR JUDGMENT ?n ? Please enter Judgment in favor of Plaintiff and against Defendant, SHAWN GE2p LRPl failure to answer the Complaint. --+ (X) Amount due $9,995.28 TOTAL $9,995.28, plus costs and statutory interest from the date of Judamei ?i Was (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 o 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 his/her Attorney of Record, if any, after the default occurred and at least ten days prior to tt of the filing of this praecipe and a copy of the not c attached. DATE: l0 Amy F. Doyle, qui e PA Supreme Court ID 87062 Doyle Legal Services, LLC 11 East Market St., Suite 102 York, PA 17401 $' 6 , ` 717-885-0718 / 877-202-9420 G%U 717-885-0726 (facsimile) CV.g !?OSS' Counsel for Plaintiff ?-4 ° • NOW VO`l? 2012, JUDGM T IS E AS AB r Prothonotary lerk, Civil Division BY: Deputy date Q? 30f0.S 3.3 ,, I Vt 6'k &A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS No. 2012-03318 BANK FSB 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: Amy F' Doyle, P. ire _- PA Supreme rt 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 ti _' On this, the U day of 2012, before me, the undersigned officer, personally appeared Amy F. Doyle, known to me o 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 MMMOM&M OF Pewr MVANI4 Notarial Seal Corbney Moreland, Notary Public Sprkp Garden TWp., York County My Comm ulon Expires Nov. 23, 2013 Member, Pwrwlvania Association of Nolvin 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 1 FAX: 717-885-0726 1 adoyle@doylels.com June 26, 2012 SHAWN GELSDORF 17 ROBIN CT MECHANICSBURG PA 17055 RE: AMERICAN EXPRESS BANK FSB vs. SHAWN GELSDORF Docket No. 2012-03318 Dear Shawn Gelsdorf: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of ivil Procedure. Sincerely, Amy F. Doyle 987 2 Doyle Legal Se es, LLC 11 East Market St., Suite 102 York, PA 17401 adoyle@doylels.com (717) 885-0718 (877) 202-9420 (717) 885-0726 (facsimile) Enclosure 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 BANK FSB 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. 2012-03318 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 OUR 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. Do?ll¢ #3062 Doyle Legal ervices, LLC 11 East Market St., Suite 102 York, PA 17401 adoyle@doylels.com (717) 885-0718 (877) 202-9420 (717) 885-0726 (facsimile) File: 10007035 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS No. 2012-03318 BANK FSB 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 BANK, FSB 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 J Amy F. Doyle, uire 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS No. 2012-03318 BANK FSB Plaintiff/Petitioner vs. SHAWN GELSDORF Defendant(s)/Respondent(s) NOTICE OF JUDGMENT (X) Notice is hereby given that a Judgment in the abov -captioned matter has been ent against you in the amount of $9,995.28 on captioned , 2012, pl costs and statutory interest from the date of Judgment. (X) A copy of all documents filed with the Prothonot . in su ort o e within 'udgn is/are attached. If you have any questions regarding this Notice, pl*se contact the filing party. Amy F. Doyle(F squire 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. 2012-03318 BANK FSB Plaintiff/Petitioner rz vs. ° SHAWN GELSDORF Defendant(s)/Respondent(s) zc:) :;>n � PRAECIPE FOR ENTRY OF APPEARANCE y> ' TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, with regard to the above matter. Respectfully submitted, Amy F. Doyle, Eodire PA Supreme Court ID 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