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HomeMy WebLinkAbout12-4327IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. Ja - q 9 d7 C{ ljl CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF c Nr r2 v Z© x;c x --c 0 N r" D vp ? a? vs. SITHY DAWOOD 4940 SOUTHWENDLER DR MECHANICSBURG PA 17050 DEFENDANT(S) NOTICE TO DEFEND N ra You have been sued in Court. If you wish to defend against the claims set forth in the followi pages, you must take action within twenty (20) days after this Complaint and Notice is served, entering a written appearance, personally of by attorney, and filing in writing with the Court yc defenses or objections to the claims set forth against you. You are warned that if you fail to do the case may proceed without you and a judgment may be entered against you by the Court withc further notice for any money claimed in the Complaint or for any other claim or relief requested' 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG 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. 10007488 a?n? ? 10 3 . 75??/ Q ? ggY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AMERICAN EXPRESS NO. CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF vs. SITHY DAWOOD 4940 SOUTHWENDLER DR MECHANICSBURG PA 17050 DEFENDANT(S) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la deman puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues q esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por i abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamai en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perd dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJ ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR 1 ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland Co. Bar Association 32 South Bedford Street Carlisle, PA 17013 800/990-9108 FILE NO. 10007488 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF vs. SITHY DAWOOD 4940 SOUTHWENDLER DR MECHANICSBURG PA 17050 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, SITHY DAWOOD, is an adult individual, residing at 4940 SOUTHWENDLER DR, MECHANICSBURG PA 17050, CUMBERLAND County. 3. At all relevant times, American Express Centurion Bank 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. FILE NO. 10007488 b. Defendant agreed to make the "Minimum Payment" (as that term is used in the 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 Expre 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 indic on the monthly billing statements, American Express may assess additional fees per terms of the agreement. d. Defendant agreed that in the event of default, Defendant would pay all reasonable costs, 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 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 sun of $10,173.25. 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. 16. By reason of the foregoing, American Express is entitled to judgment against Defendant for breach of contract in the sum of $10,173.25, plus costs. WHEREFORE, American Express demands judgment against Defendant on Count I in the sum of $10,173.25, plus costs. FILE NO. 10007488 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 M 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 retained the statements without payment. 21. Defendant's actions as set forth above constituted an account stated between the parties for the sum of $10,173.25, 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 $10,173.25, plus 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 $10,173.25 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 reasonable value of the credit American Express provided Defendant is the sum of $10,173.25. 26. American Express believes and avers if the relief requested herein is not granted, Defendant will be unjustly enriched at American Express' expense. FILE NO. 10007488 WHEREFORE, American Express demands judgment against Defendant on Count 3 in an amount to be determined at trial. Respectfully submitted, Amy F. Doyle, Uq PA Supreme Court lb 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. 10007488 RICHARD KIER VERIFICATION ASSISTANT CUSTODIAL OF RECORDS 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: !? j))??- on behalf Express Centurion Bank RICHARD YJEM ASSISTANT CUSTODIAN OF RECORDS FILE NO. 10007488 EXHIBIT "A" Re: Green Card Account ending in: 31004 Dear Sithydawood, 01/1 We want to help you understand how yourcharge card works. This includes changes we're required to make because of new federal regulations that impact late payment fees, returned payment fees, and Penalty APRs. These changes are summarized in the table below. We're also pleased to let you know we've rewritten your Cardmember Agreement so it's simpler and easier to u and understand. We've enclosed a copy of your new Card member Agreement, which includes information on: • rates and fees for your account • the minimum payment due and how payments are applied • when interest charges apply, and when they don't • other account terms You can learn more about how to manage your card account and protect your credit with simple tips, advice, and explanations by visiting americanexpress.com/consumerresources. The following is a summary of changes to your account terms, effective August 22, 2010. More detailed information about these account terms appears on page 2 of the Cardmember Agreement. d£ MI Late Payment Fee Up to $35; however, if you do not pay for two billing periods in a row, yourfeewillbe $35or 2.99% of the past due amount, whichever is greater. Returned Payment Fee Up to $35 Penalty APR and When 27.24% It 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? IfthePenaltyAPRis 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. IMPORTANT: Seethe reverse side of this letter for information about the duration of the Penalty APR. Thank you for your Card membership. We look forward to continuing to serve you. Sincerely, American Express See reverse side thrimportant information CMAEUALE0000104 How Long will the Penalty APR Apply? If a Penalty APR currently applies to your Account, we will review it on or before February 22,2011. Beforethis review, this Penalty APR will apply unless you meet the conditions in effect priorto this change. CMAEUALE0000104 CardmemberAgreement: Part 1 of 2 As of: 01/10/2011 Green Card CardmemberName: Sithyd wood Issuer: American Express Centurion Bank Account Ending In: 1004 Fees Table Annual Membership Fee $95 Transaction Fees • Foreign Transaction 2.7% of each transaction afterconversion to US dollars. Penalty Fees • Late Payment Up to $35; however, if you do not pay for two billing periods in a row, yourfee will be $35 or 2.99%ofthe past due amount, whichever is greater. • Returned Payment Upto $35 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions CMAEUAA00000101 Page 1 of 9 How Rates and Fees Work PenaltyAPRfor The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will newtransactions •youdonotpayatleast theMinimum apply to charges added to that bala nce 15 or Payment Due by the Closing Date of the more days after we send you notice. billing period in which it is due 2 times in 12 billing periods, or We will review yourAccountevery6months a er • your payment is returned by your bank. the Penalty APR is applied. The PenaItyAPR will continue to apply until you have made timely payments with noreturned paymentsduringt e6 months being reviewed. PenaItyAPR 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 to those balances it does not already applyto. 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). Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $30 for up to 5 additional cards, then $30 for each additional card thereafter. Late Payment Up to $35 or2.99% of the amount past due. If you do not pay the Amount Due on a billing statement before the 10th day afterthe next Closing Date, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35 instead. In both cases, if you do not pay the amount past due bythe following Closing Date, we will charge, in that same billing period, the greaterof $35 or 2.99% of the amount past due. For each subsequent billing period that an amount past due remains unpaid, the fee is the greater of$35 or 2.99% of any amount past due. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a PenailtyAPR. See PenaltyAPR fornew transactions and PenaltyAPRforexistingbalances above. Returned Payment Up to $35. If your payment is returned unpaid the firsttime 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 retumed. A returned payment may also result in a Penalty APR. See PenaItyAPR f r new transactions above. Returned Check $38 if you use yourcard to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Statement Copy $5 for each statement you request, except for the 3 most recent bil ling periods. Account Re-opening $25 if yourAccount is cancelled, you ask us to re-open it, and we do so. Foreign Transaction 2.7%ofthe converted U.S. dollar amount. This fee is a finance charge. See Converting charge, 3 made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000101 Page 2of 9 Cardmember Agreement: Part 2 of 2 CD 7737 Introduction Aboutyour This document togetherwith Part 1make upthe supplements oramendmentsarealso partoftl e Cardmember Agreement CardmemberAgreement (Agreement) forthe Agreement. When you use theAccount (oryo sign Account identified on page 1 of Part 1. Any or keep the card), you agree to the terms of the Agreement. Changing the Agreement We may change this Agreement,subjectto to some terms may require 45 days advance no tice, applicable law. We may do this in response to the and we will tell you in the notice if you have the ght business, legal orcompetitive environment. to reject a change. We cannotchange certain te rms 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 issuershown on page 1 Card means any card or other device that we is sue the Agreement ofPartl. Youand your mean the person who to access your Account.A charge isanyamo unt applied for this Account and for whom we opened added to your Account, such as purchases, fee s and the Account. You and your also mean anyone who interest charges.A purchase is a charge forg ds agrees to pay for this Account. You are the Basic orservices. Cardmember. You may request a card for an To payby a certain date means to send your Additional Cardmember (see AboutAdditional Cardmembers in Part 2). payment so that we receive it and credit it to yo r Account by that date (see About your payme is in Part 2). About using our card Using the Card You may use the card to make purchases. You may not required to) tell these merchants about you also use the card at an ATM to get cash from a Account status orchanges to your card number or checking account you designate. expiration date. You must notify the merchants We decide whether to approve a charge based on directly if you want them to stop charging your how you spend and pay on this Account and other Account. accounts you have with us and our affiliates. We also Keep your card safe and don't let anyone else u ;e it. consider your credit history and your personal If yourcard is lost or stolen or your Account is ing resources that we know about. used without your permission, contact us right ay. You may arrange for certain merchants to charge You may not use yourAccountforillegal activiti es. you r Accou nt at regu lar intervals. Wemay(but are Promise to pay You promise topayall 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 Cardmembers make or permit others to make. Declined transactions We may decline to authorize a charge. Reasons we We are not responsible forany losses you incur if we may do this include suspected fraud and our do not authorize a charge. And we are not assessment of your creditworthiness. This may occur responsible if any merchant refuses toaccept t e even if yourAccount is not in default. card. About Pay Over Wemayadd features to your Account that allow you Time features to pay certain charges overtime. These features include Select & Pay Later, Sign & Travel ®and the Extended Payment Option. Select & Pay Later lets you pay a charge overtime in two ways. You may ask a travel industry merchant at the time you make the charge, or ask us afterthe charge appears on your statement. If we approve your request, we will place the charge into a Pay Over Time balance. If we decline your request, you must pay the charge in full upon receipt of your billing statement. If you enroll in Sign & Travel, we will automatically place eligible travel-related charges into a Pay Over Time balance. Some examples are airline and cruise shi p tickets, hotels, car rentals and charges made outside the U.S. If you enroll in the Extended Payment Option, we will automatically place all eligible charges into a Pay Over Time balance., charge is eligible if it equals or is more than a cei dollar amount. We will tell you this amount wher enroll, and it is subject to change. We will tell yor we change it. Certain charges are not eligible, s as cash and similartransactions. We will not place any charge into a Pay Over Tir balance if it causes the total of your Pay Over Tii balances to go over $35,000. We will tell you if N change that amount. You must pay in full all cha that are not placed into a Pay Over Time balano upon receipt of your billing statement. We may change which charges are eligible to be placed a Pay Over Time balance. CMAEUACM0000101 Page 3 of 9 About When you must pay Paymentof the New Balance isdue upon receiptof your statement. Ifa statement includes a Pay Over Time balance, itwill show a Minimum Payment Due. In this case, you must payat leastthe Minimum Payment Due by the Payment Due Date. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. Each statement also shows a Closing Date. Tt Closing Date is the last day of the billing period covered by the statement. Each Closing Date i about 30 days after the previous statement's C Date. How to make payments Make payments to us in U.S. dollars with: • a single check drawn on a U.S. bank, or • a single negotiable instrument clearable through the U.S. banking system, for example a money 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 numberon 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 bythe time disclosed in your billing statement. If we receive it after that ti e, we will credit the payment on the day afterwe receive it. If your payment does not meet the above requirements, there may be a delay in crediting our Account. This may result in late fees and additio al interest charges (see How Rates and Fees Wo on page 2 of Part1). Ifwe decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requir s us to use a particular rate. If we process a late payment, a partial payment ra payment marked with any restrictive language, that will have no effect on our rights and will not chan e this Agreement. How we apply payments and credits If a statement includes a Pay Over Time balance, it will show a Minimum Payment Due. The Minimum Payment Due is the Pay In Full New Balance plus the Pay OverTime Minimum Due. If you have a Pay Over Time balance, we generally applypayments up to the Minimum Payment Due first to the Pay Over Time Minimum Due and then to the Pay In Full New Balance. When applying a payment to the Pay Over Time Minimum Due, we apply it first to the balance with the lowest interest rate and then to balances with higher interest rat as. Afterthe Minimum Payment Due has been paid, we apply paymentstotheremaining PayOverTim bal ance. When we do this, we apply payments first the balance with the highest interest rate and then to balances with lower interest rates. In most cases, we apply a credit to the same bal - ance as the related charge. We may apply paym nt: and credits within balances, and among balan s with the same interest rate, in any orderwe choo e. About your Minimum Payment Due How we calculate your Minimum Payment Due The Minimum Payment Due is the Pay In Full amount plus any PayOverTime Minimum Due. Tocalculatethe PayOverTime MinimumDuefor each statement, we start with the highestof the following three amounts: (1)2%ofthe PayOverTime New Balance; or (2) interest charged on the statement plus I% of the PayOverTime New Balance (excluding interest on the statement), not to exceed 4% of the Pay Over Time New Balance; or (3) $20. Then we round to the nearest dollar. After that, we addany PayOverTime amountpastdue. However,your PayOverTime Minimum Due will not exceedyour PayOverTime New Balance. R "AAWL&A, Adjusting your Pay Over If you regularly pay more than the Minimum Payment Due described above, we may adjust the Pay Over Time Minimum Due Time Minimum Due in future billing periods. This may letyou make a smallerminimum payment from time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop making the adjust mentandreturn totheformula above. Ifwestart or stop making the adjust ment we will do so for at least six billing periods in a row. Toadjustthe PayOverTime Minimum Due, we will not addl%ofthe PayOverTime NewBalancein (2).Then,if (2) is the highest (but less than 40Y( of the P Over Time New Balance), we will add$15. continued onnextpa ... CMAEUACM0000101 Page 4 of 9 ... continued from previous page We will do this if oversix billing periodsthe sum of payments credited to your Pay Over Time balance is more than the sum of the Pay Over Time Minimum Dues (not adjusted, except any Pay Over Time 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 Pay Over Time Minimum Dues (not adjusted) is not more than $120 and equals the sum of payments credited to your Pay Over Time balance . However, we will not make the adjustment if he sum of the Pay OverTime Minimum Dues is zero and wedidnotadjustthe Pay Over Time Minimum ue the last time it was not zero. About interest charges on Pay Over Time balances When we charge interest For charges added at your request We charge interest on charges that are added at your request to a Pay Over Time balance as of the date the charge is added. If you pay the Account Total New Balance on a statement bythe Closing Date on the next statement, then on that next statement we will not charge interest on any Pay Over Time portion of that Account Total New Balance. Forcharges a dded automatically We charge interest on charges that are added automaticallyto a Pay Over Time balance beginning on the transaction date. However, you can avoid paying interest on those charges as described below. If you pay the Account Total New Balance on a statement by the Closing Date shown on the ne:;t statement, then on that next statement we wil I not charge interest on those charges. If you paid the Account Total Previous Balance on a statement by its Closing Date, and you pay less han the Account Total New Balance on thatstateme tby the Closing Date of the next statement, then we it l not charge interest on the portion ofautomatica y added charges that we apply your payment to. ut we will charge interest on the remaining portion f those charges. Also, we will not charge interest on automaticall added charges shown on a statement if the Account Total Previous Balance on that statement iszero or a credit balance. How we calculate interest We calculate interest fora billing period by first figuring the interest on each balance. Balances within feature such as Select & Pay Later, Sign & Travel and Extended Payment Option may have diff interestrates. We use the Average Daily Balance method (including new transactions) to figure interest charges for each 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 getthe 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 11365th 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. Daily Balance For each daya DPR is in effect, we figure the dai 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 For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest oft billing period, the beginning balance is the previc day's daily balance plus an amount ofinterest a to the previous days daily balance multiplied by DPR forthat balance . This method of figuringtt beginning balance results in daily compounding interest. When an interest rate changes, the new DPR ma come into effect during not just at the begin nin( of the billing period. When this happens, we wil create a new balance and apply the new DPR to i To get the beginning balance on the first day fort) new balance, we multiply the previous day's dail, 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 i otherformulas or methods that produce equivale results. Also, we may choose not to charge intere on certain types of charges. CMAEUACM0000101 Page 5 of 9 i Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section (or successor section) of The Wall Street general circulation in New York, New York. Or e Journal. The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall StreetJoumal 2 If the Prime Rate increases, variable APRs (an( days before the Closing Date of the billing period. corresponding DPRs)will increase. Inthat cas ,you The Wall Street Journal may not publish the Prime may pay more interest and may have a higher Rate on thatday. If it does not, we will use the Prime Minimum Payment Due. When the Prime Rate Rate from the previous day it was published. If The changes, the resulting changestovariable AP s Wall Street Journal is no longer published, we may take effect as of the first day of the billing period. Other important information About Additional At your request, we may issue cardsto Additional You authorize us to give Additional Cardmemb rs Cardmembers Cardmembers. They do not have accounts with us information about yourAccountandtodiscuss i with but they can use yourAccount subject to the terms them. of this Agreement. If you want to cancel an Additional Cardmembe 's You are responsible for all use of your Account by right to use you rAccount (and cancel their card you Additional Cardmembers and anyone they allow to must tell us. use your Account. You must pay for all charges they make. Converting charges made If you make a charge in a foreign currency, we will identify from customary banking sources on the in a foreign currency convert it into U.S. dollars on the date we orour conversion date orthe prior business day. This r ate agents process it. Unless a particular rate is required may differ from rates that are in effect on the date of by law, we will choose a conversion rate that is your charge. We will bill charges converted by acceptable to us forthat date. The rate we use is no establishments (such asaidines)attherates the y more than the highest official rate published by a use. government agency orthe highest interbank rate we Changing your billing You must notify us immediately if you change the: If you have more than one account, you need to address mailing address where we send billing statements; notify us separately foreach account. or • e-mail address to which we send notice that your We may update your billing address if we receiv e billing statement is available online. information that it has changed oris incorrect. Closing your Account You may dose yourAccount by calling us orwriting to us. Cancelling or suspending We may: We may do any of these things at our discretion, yourAccount cancel your Account, even if you pay on time and yourAccountis not i • suspend the ability to make charges, default. • cancel or suspend any feature on your Account, If your Account is cancelled, you must destroy y ur and • notify merchants that your Account has been cards. We may agree to reinstate your Account fter cancelled or suspended. a cancellation. If we do this, we may: reinstate any additional cards issued on your If we do any of these, you must still pay us for all Account, charges underthe terms of this Agreement. charge you any applicable annual fees, and • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default, we may: • you violate a provision of this Agreement, suspend your ability to make charges, • you give us false information, cancel or suspend any feature onyourAccou t , • you file for bankruptcy, require you to pay more than your Minimum • you default under another agreement you have Payment Due immediately, and with us or an affiliate, require you to pay your Account balance • you become incapacitated or die, or immediately. • we believe you are unable or unwilling to pay your debts when due. Creditreports You agree that we may obtain credit reports about term of this Agreement. This may have anegativ . you, investigate your ability to pay, and obtain impact on your credit record. information about you from other sources. And you If you believe information we have given to a cre it agree that we may use such information for any purposes, subject to applicable law. reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box You agree thatwe may give information about your 981537, El Paso, TX 79998-1537. When you wri a to Account to credit reporting agencies. We may tell a us, tell us the specific information you believe is credit reporting agency if you fail to complywith any incorrect. CMAEUACM0000101 Page 6of9 Collection costs You agree to pay all reasonable costs, including attorneys'fees,thatweincurtocollect amounts youowe. Sending you notices We mail you noticesthrough the U.S. mail, postage prepaid, and addressthem to you atthe latest billing address on our records. Any notice thatwe send you this way is deemed to be given when deposited in the U.S. mail. We may contact you From time to time, we may contact you about topics to ensure the quality of customer service orwhe it ranging from servicing to marketing offers to is required bylaw. collecting amounts you owe. We may monitor and You can choose to not receive marketing offers rom record phone calls between you (or any Additional us. To do this, callus at 1-800-297-8378 or logo Cardmembers on your Account) and us. We do this to www.americanexpress.com/communications About insurance products We orour affiliates maytell you about insurance and another affiliate is the insureror reinsurer. non-insurance products, services orfeatures that Compensation may influence what products an may have a fee. One ofouraffiliatesmayacton providers we orouraffiliates tell you about. behalf ofa providerof these products. The affiliate We may share information about you with our may be compensated for this. The insurance affiliates sothey 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 or How we handle When you pay us by check, you authorize us to If we do this, your payment maybe deducted fro electronic debits from electronically deductthe amount from your bank or your bank or other asset account on thesame d y your checking account other asset account. We may process the check we receive your check. Also, you will not receive that electronically by transmitting to you r financial cancelled check with your bank or asset accoun institution: billing statement. • theamount, If we cannot collect the funds electronically, we • the routing number, ay issue a draft against your bank or other asset • the account number, and account forthe 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 of 1974 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. Changing benefits We havethe rightto add, modifyordelete any benefit or service of yourAccount at our discretion. Assigning the Agreement We may sell, transferor assign this Agreementand yourAccount. We maydo so at anytime without notifying you. You may notsell, assign or transfer your Account orany of your obligations underthis Agreement. Assigning claims If you dispute a charge with a merchant, we may You agree that you will not pursue any claim agai nst credit the Account for all or part of the disputed the merchant forthe credited amount. And you ust charge. If we do so, you assign and transfer to us all cooperate with us if we decide to do so. rights and claims (excluding tort claims) against the merchant. We do notwaive our rights We may choose to delay enforcing orto 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 lawand federal law govern this Agreement and We are located in Utah. We hold yourAccountin yourAccount. Theygovem withoutregard tointernal Utah. We entered intothis Agreementwith you in principles of conflicts of law. Utah. Arbitration This Arbitration provision sets forth the circumstances and procedures under which claims maybe arbitrated instead of litigated in cou rt. Definitions As used in this Arbitration provision, the term claim means any claim, dispute or controversy between you and us arising from CMAE UACM0000101 or relating to yourAccount, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreementthat you may have had with us, or the relationships resulting from any of the above agreements, except forthe validity, enforceability or scope of this Arbitration provision. For purposes of this Arbitration provision, youand us also includes any Page 7 of 9 corporate parent, or wholly or majority ow ec subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representative of any of the foregoing, and other persons referred to below in the definition of claim . Claim includes claims of every kind and continuedonnext ae ... continued from previous page nature, including but not limited to, initial claims, counterclaims, cross-claims and third- party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Claim also includes claims by oragainst any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is a party in connection with the claim. The term claim is to be given the broadest possible meaning thatwill be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created underany of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financi ng, (c) the benefits and services related to Cardmembership (including fee-based orfree benefit programs, enrollment services and rewards programs), and (d) your application forany account. We shall not elect to use arbitration underthis Arbitration provision for 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 ofArbkration Anyclaim shall be resolved, upon the election by you or us, by arbitration pursuant tothis Arbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time theclaimisfiled( code), except to the extent the code conflicts with this Agreement. Claims shall be referred toeitherJAMS or the American Arbitration Association ( AAA), as selected by the party electing to use arbitration. If ourselection 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. 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 orarbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended below. (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 IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE INA REPRESENTATIVE CAPACITY OR AS A MEMBER OFANY 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 BYARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT INA PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED. Thearbitrator'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, orby us against you, may not bejoined or consolidated in arbitration with claims brought by oragainst someone otherthan you, unless agreed to in writing by all 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 parry 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 (otherthan 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 that this 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 privilec recognized at law, and, at the timely req of either party, shall provide a brief writta explanation of the basis for the decision The arbitration proceeding shall not be governed by any federal or state rules o civil procedure or rules of evidence. Any part ? may request that the arbitrator expand the se pe of discovery by doing so in writing and copying any other parties, who shall hav 15 days to make objections. The arbitrator ill notify the parties of his/her decision with! n 20 days of any objecting party s submissi . 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, a her party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writ ng. The organization will then appoint athre - arbitratorpanel which shall consider an any aspect of the decision objected to by he appealing party. The panel shall issue it decision, by majority vote, within 120 da s of the appealing party's written notice. Jud ment upon any award rendered by the arbitrat r or panel may be entered in any court havin jurisdiction. Location of Arbitration Arbitration hearings you attend shall take place in the federal judicial district of you residence. Payment of Fees You will be responsible forpayingyour s are, if any, of the arbitration fees (including fili g, administrative, hearing and/orotherfees , but only up to the amount ofthe filing fees yo would have incurred if you had brought a claim in the state orfederal court closest t your billing address that would have had jurisdiction. We will be responsible for an additional arbitration fees. At yourwritten request, we will consider in good faith ma ing a temporary advance of all or part of your share of any arbitration fees. You will not be assessed any arbitration fees in excess o your share if you do not prevail in any arbitration with us. Continuation ThisArbitration provision shall survivete i nation of yourAccount; voluntary payme tof the Account balance in full by you; any leg al proceeding by you or us to collect a debt owed by the other; any bankruptcy by you or us; and any sale by us of yourAccount (in he case of a sale, its terms shall apply to the buyer of your Account). If any portion of th Arbitration provision, except as otherwise prc vided in the Restrictions on Arbitration su - section, is deemed invalid orunenforcea tile . i shall not invalidate the remaining portionI of this provision. CMAEUACM0000101 Page 8 of 9 Your Billing RightS :Keep this Document for Future Use This notice tells you about your rights and our responsibilities underthe Fair Credit Billing Act. What To Do If You Find 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 79998-1535 In your letter, give us the following information: • Accountinformation:Yournameand account number. • Dollaramount: The dollar amount of the suspected error. • Description ofproblem : 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 afterthe 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 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 After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. 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 error or explain to you why we believe the bil I is correct. While we investigate whetheror not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on thatamount. • 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 forthe remainderof your balance. • We can apply any unpaid amount against your credit limit. Afterwe finish our investigation, one of two things will happen: • lfwe 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 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 maythen report you as delinquent if you do not pay the amount we think you owe. If you receive ourexplanation 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 your bill is correct. Your Rights If You Are Dissatisfied H YourCredit Card Purchases Ifyou are dissatisfied with the goods or services that you have purchased with) credit card, and you have tried in good fi correct the problem with the merchant,) may have the right not to pay the remain amount due on the purchase. To use this right, all of the following muss true: 1. The purchase must have been made your home state orwithin 100 miles of current mailing address, and the purl price must have been more than $50. (Note: Neither of these are necessary your purchase was based on an advertisement we mailed to you, or ifv own the company that sold you the go or services. ) 2. You must have used your credit card 1 the purchase. Purchases made with c advances from an ATM orwith a checl accesses your credit card account do qualify. 3. You must not yet have fully paid forth! purchase. to If all of the criteria above are met and you are still dissatisfied with the purchase, conta us in writing at: American Express PO Box981535 El Paso TX 79998-1535 While we investigate, the same rules apl the disputed amount as discussed above Afterwe finish our investigation, we will t you ourdecision. At that point, if we think owe an amount and you do not pay, we n report you as delinquent. CMAEUACM0000101 Page 9 of 9 EXHIBIT "B" MICAN. Platinu m Card® SITHYDAWOOD Closing Date 02/17/12 New Balance $9,883.82 Minimum Payment Due $2,649.61 Includes the past due amount of $2,230.94 Payment Due Date 03/13/12 Late Payment Warning: If you do not pay your Minimum Payment Due, you may have to pay an additional late fee of up to $35.00 and your Pay Over Time 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 Pay Over And for the PayOver Time charges and each month you Time balance shown on this balance you will pay an pay... statement in about... estimated total of... Only the Minimum Payment Due 19 years $15,769 If you would like information about credit counseling services, call 1-888-733-4139. q Seepage 2 for important information about your account. Q Your account is past due. Please pay immediately. Further delinquency will be reported to credit reporting agencies. O Please note, your preset line is $9,800.00. You have spent $9,883.82 Continued on Page 3 + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon Pay by Computer Pay by Phone Account Ending 9-31 Do not staple or use paper clips amerlcanexpress.com/pbc 1-800-472-9297 Enter account number on all docun Make check payable to American Er SITHYDAWOOD 4940 SOUTHWENDLER DR tempe AZ 85285 Payment Due ate 03/1V12 New Bal ce $9,88382 Minimum Payment ue S2,649 61 ? Check here if your address or phone number has changed. Note changes on reverse side. AMERICAN EXPRESS BOX 0001 LOS ANGELES CA 90096-8000 11 11 1111111111111 11 111 11111 11 111111111111111 oil 111111111111111 P. 1/8 Account Ending 9}31004 Membership Rewards"' Poi As of 02/17/12 ? Fordetails,pleaseseeyour Membership Rewards page. Account Summary Pay In Full Portion Previous Balance $2,0 31.94 Payments/Credits - 0.00 New Charges +$2 3.67 Fees + 0.00 New Balance = $2,3 35.61 Pay Over Time Portion Previous Balance $7,41% 7.50 Payments/Credits 0.00 New Charges +S 0.00 Fees + 0.00 Interest Charged +$ .71 New Balance = $7,5 8.21 Minimum Due $3 4.00 Account Total Previous Balance $9,5 .44 Payments/Credits - 0.00 New Charges +$2 3.67 Fees + 0.00 Interest Charged +$ .71 New Balance $9,81 3.82 Minimum Payment Due $2,64 9.61 Days in Billing Period: 29 Customer Care In- PaybyComputer amerlcanexpress.com/pbc Customer Care Pay by Phone 1-800-525-3355 1-800-472-9297 P See Page 2 for additional information. $ Amount En los 0000349991748460094 000988382000264961 15 H SITHYDAWOOD Account Ending 9-31004 218 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 ad ress 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 negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your pay ent does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electro is payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we acc pt 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 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 a act on us without our express prior written approval. We will re-present to yourfinancial 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 pay nt from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account n mber and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. Whe we process your check electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we receiv your check, and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we ma issue a draft against your deposit or other asset account for the amount of the check (2) By using Pay By Computer, Pay By Phone or any other electro is payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the am unt 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 CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on ich we charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this ba ance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying Interest: If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. We will not charge ou interest on charges added automatically to a Pay Over Time balance, or to charges that were added to a Pay Over Time balance at your request ii i prior billing periods, if you pay the Account Total New Balance by the next Closing Date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process i . We will choose a conversion rate that is acceptable to us for that date, unlessa particular rate is required by law. The conversion rate we use is nom more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the co version date or the prior business day. This rate may differfrom rates in effect on the date of your charge. Charges converted by establishments will be illed 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 folio ing 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 sen 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 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 peric calling 1-800-518-8866. Customer Care & Billing Inquiries 1-800-525-3355 Hearing Impaired International Collect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-800-525-3355 FAX: 1-800-695-9090 Car Rental Loss and Damage Insurance 1-800-338-1670 In NY: 1-800-522-1897 Travel Emergency, Worldwide Personal 1-800-345-AMEX Assistance and Fine Dining Platinum Card Travel Service and 1-800-443-7672 Fine Hotels, Resorts & Spas By Invitation Only 1-800-321-RSVP Change of Address If correct on front, do not use. • To change your address online, visit www.americanexpfess.com/updatecontactinfo • For Name, Company Name, 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 Q Website: an Mobile Site: Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGELS CA 79998-1535 90096-8000 jay Your Bill with AutoP y Avoid late fees Save time Deduct your payment from your b nk account automatically each month F mericanexpress.com/aut o y to enroll. For information on how we protect you privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. m Card® M Platinu SITHYDAWOOD Closing Date 02/17/12 p. 3/8 Account Ending 9-311004 II I IT'S NOTJUST FOR PLANES ANDTRAINS. 4i >r ,' YOUR AMERICAN EXPRESS-CARD IS WELCOMED ti.F FOR CAR RENTALS AND AT GAS STATIONS. HERTZ, EXXON AND MOBIL STATIONS WELCOME AMERICAN EXPRESS, EXPLORE MORE GREAT PLACES TO USE YOUR CARD AT AMEXNETWORK.COM/WELCOME New Charges Summary Pay In Full Pay Over Time ? To al IMTIAZ DAWOOD 9-31012 $104.47 $0.00 $104. 47 FATHIMA DAWOOD 9-31020 _ $149.20 $0.00 $149. 20 Total New Charges $253.67 $0.00 $253. 57 1 Detail ® IMTIAZDAWOOD Card Ending 9-31012 01/24/12 ITUNES MUSIC STORE IAUSTIN TX $44. )7 iTunes Music Store 01/24/12 ITUNES MUSIC STORE IAUSTIN TX $14. 99 iTunes Music Store 01/26/12 WINE & SPIRITS #2109CAMP HILL PA $44. 1 GOVERNMENT SERVICE Description LIQUOR/BEVERAG FATHIMADAWOOD ® Card Ending 9-31020 Monthly Spending Limit: $1,000 Amou it 01/20/12 PANERA BREAD #01155 MECHANICSBUR PA $6.5 5 7177663960 01/21/12 PANERA BREAD #01155 MECHANICSBUR PA $9.1 14 7177663960 01/21/12 WEGMANS #45000000045854644600 $10.0 0 5854644600 01/22/12 DUNKIN #303641 QLOCK HAVEN PA $3.8 3 570-748-6016 01/22/12 WAL-MART SUPERCENTERMILL HALL PA $9.1 6 DISCOUNT STORE 01/23/12 WAL-MART SUPERCENTERMILL HALL PA $22.0 8 DISCOUNT STORE 01/27/12 WAL-MART SUPERCENTERMILL HALL PA $17.7 9 DISCOUNT STORE 02/16/12 ACM*HYDROLYZE 866-922-9787 NJ $69. 5 866-922-9787 Continued on SITHYDAWOOD Account Ending 9-31004 p. 4/8 Fees Total Fees for this Period Interest Charged 02/17/12 Interest Charge on Pay Over Time Purchases $90171 Total Interest Charged for this Period lan 7l 2012 Fees and Interest Totals Year-to-Date Arno nt Total Fees in 2012 $0. 00 Total Interest in 2012 $187 10 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Select & Pay Later 15.24% (v) $0.00 $0. _ Sign & Travel/Extended Payment Option 15.24% (v) $7,501.20 $90Y I -- - - - Total --- ---- -- - $90. 1 (v) Variable Rate Information on Pay Over Time Features You may have access to one or more Pay Over Time Features as part of your Card account. The following are the current Annual Percentage Rates (APRs) for Pay Over Time Features. (v) indicates variable rate. For Sign & Travel, the APR is 15.24% (v). For Extended Payment Option, the APR is 15.24% (v). For Sign & Travel, the APR is 15.24% (v). Please refer to page 2 for further important information regardin youraccount annERICAN Membership Rewards First" I EXPRESS Monthly Statement and Program News MEMBERSHIP rewards p.5/8 FIRST" Prepared for SITHYDAWOOD Account Number 1M06235783 QIIAStinne Ohnirt Vnur Annnr.nt7 Total Points Balance 221528 EM membershiprewards.com Points Earned this Period 2,pg? JJ 1-800-297-1300 Il nternationalCollect:305-816-2799 Acco nt S Did You Know? u ummary Januaryl,2012-January31,2012 U P i Opening Points Balance 20,447 se o nts For Everyday Charges Use your Card for everyday purchases like i Points Earned this Period +2,081 grocer es, gas, phone bills and more, then online and use the points you earned to co er Points Used this Period 0 those charges. Learn more at membershiprewards.com/everydaycha ges Reinstated Points and Adjustments 0 Where To Stop Before You Shop Total Points Balance 22,528 Earn up to 1 OX points on 300+ brands at membershiprewards.com/earn Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Points Earned this Period may include Bonus Points. Points Transaction Detail January 1, 2012-January 31, 12 Points Earned this Period Points Activity On Bonus Points Total P ints EllgibleCharges Awarded Activity Per Card Platinum XXXX-XXXXX9-31004 390 0 390 Add'I Platinum XXXX-XXXXX9-31012 1,084 0 ,084 Add'I Platinum XXXX-XXXXX9-31020 607 0 607 Total 2,081 0 4,081 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or visi ng membershiprewards.com. Terms and Conditions of the Membership Rewards' program apply. For more information, visit membershiprewards.com/termsor call 1-800-297-1300. From overseas, call collect 305-816-2799. Prepared for SITHYDAWOOD MEMBERSHIP p. 6/8 lM06235783 PccountNumber rewards FIRST" AMERICAN Platinum Card® E16?RE55 SITHYDAWOOD Closing Date 02/17/12 p. 7/8 Account Ending 9-1004 "VFW GET THE MOST FROM YOUR MEMBERSHIP An enhanced travel experience awaits. Take advantage of your full suite of Platinum Card' travel benefits now and enjoy a more rewarding trip, beginning to end. Be sure to learn more and enroll before you go. Visit americanexpress.comfplatinum Terms, restrictions, and conditions apply. POID. AAFA:0001 J 2012 American Express Centurion Bank. Ail rights reserved. Offers are made only to Cardmembers who meet certain qualifyingg criteria. By responding you will be disclosing to the merchant that you meet tfiese criteria. SITHYDAWOOD Account Ending 9-31004 p, 8/8 DOWNLOAD FOURSQUARE AT FOURSQUARE.COM SYNC YOUR CARD AT AMERICANEXPRESS.COM/FOURSQUARE Offers are made only to Cardmembers who meet certain qualifying criteria. By responding you will be disclosing to the merchant that you meet these criteria. AMERICAN Platinum Card® EXPRESS SITHYDAWOOD Closing Date 03/19/12 New Balance $10,042.01 Minimum Payment Due $2,862.61 Includes the past due amount of $2,649.61 Payment Due Date 04/13/12 Late Payment Warning: If you do not pay your Minimum Payment Due, you may have to pay a late fee of up to $35.00 and your Pay Over Time 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 payoff the Pay Over And for the Pay Over Time charges and each month you Time balance shown on this balance you will pay an pay... statement in about... estimated total of... Only the Minimum Payment Due 19 years $15,920 If you would like information about credit counseling services, call 1-888-733-4139. P Seepage 2 for important information about your account. © WARNING: Your account is seriously past due. Please pay immediately. Continued delinquency negatively impacts your credit report and score. See Pages for Important Changes to Your Account Terms and Benefits O Please note, your preset line is $9,800.00. You have spent $10,042.01. P. 1/11 Account Ending 9}31004 Membership Rewards* As of 03/19/12 For details, please see your Membership Rewards page. Account Summary Pay In Full Portion Previous Balance $2,3 B5.61 Payments/Credits - 0.00 New Charges + 0.00 Fees +$ .00 New Balance = $2,3 5.61 Pay Over Time Portion Previous Balance $7,5- 8.21 Payments/Credits 0.00 New Charges + 0.00 Fees + 0.00 Interest Charged +$ 8.19 New Balance = $7, 6.40 Minimum Due $ 7.00 Account Total Previous Balance $9,8 3.82 Payments/Credits - 0.00 New Charges + 0.00 Fees +$ 0.00 Interest Charged +$ .19 New Balance $10,04 2.01 Minimum Payment Due $2,86 2.61 Days in Billing Period: 31 Customer Care Pay by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-800-525-3355 1 800 472 9297 See Page 2 for additional information. + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon Pay by Computer Pay by Phone Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 SITHYDAWOOD 4940 SOUTHWENDLER DR tempe AZ 85285 Account Ending 9-31 4 Enter account number on all docum nt! Make check payable to American Ex res AMERICAN EXPRESS El Check here if your address or BOX 0001 phone number has changed. LOS ANGELES CA 90096-8000 Note changes on reverse side. 111111111111111111111111 Payment Due at( 04/1112 New Bala ce $10,042.01 Minimum Pavment of S Amount I 0000349991748460094 001004201000286261 15 H SITHYDAWOOD Account Ending 9-31004 p.2/11 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 a dress 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 mu t 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 negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your pay ent does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electr nic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we ac ept 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 efi ect 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 pay ent from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account n tuber and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. Whe 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 financial 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 electro is 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 hich we charge interest for Pay Over Time balances 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 daily compounding of interest. Paying Interest if you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. We will not charge you interest on charges added automatically to a Pay Over rime balance, or to charges that were added to a Pay Over Time balance at your request i prior billing periods, if you pay the Account Total New Balance by the next Closing Date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process . We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is nom re than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the co version date or the prior businessday. This rate may differfrom rates in effect on the date of your charge. Charges converted by establishments will be filled 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 period by calling 1-800-518-8866. Customer Care & Billing Inquiries 1-800-525-3355 Hearing Impaired IntemationalCollect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-800-525-3355 FAX: 1-800-695-9090 Car Rental Loss and Damage Insurance 1-800-338-1670 In NY: 1-800-522-1897 Travel Emergency, Worldwide Personal 1-800-345-AMEX Assistance and Fine Dining Platinum Card Travel Service and 1-800-443-7672 Fine Hotels, Resorts & Spas By Invitation Only 1-800-321-RSVP Change of Address If correct on front, do not use. • To change your address online, visit www.americanexpress.com/updatecontactinfo • For Name, Company Name, 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.co Mobile Site: amexmobile.co Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGELE CA 79998-1535 90096-8000 Pay Your Bill with AutoP y Avoid late fees Save time Deduct your payment from your b nk account automatically each month F mericanexpress.com/auto ay to enroll. For information on how we protect you privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. AMERICAN Platinum Card" EXPRESS ' p. 3/11 SITHYDAWOOD Closing Date 03/19/12 Account Ending 9-$1004 Fees 03/08/12 50 Day Late Payment Fee $25.00 03/19/12 60 Day Late Payment Fee $31;.00 Total Fees for this Period Interest Charged 03/19/12 Interest Charge on Pay Over Time Purchases $9 .19 Total Interest Charged for this Period $9 .19 2012 Fees and Interest Totals Year-to-Date Amo unt Total Fees in 2012 $60 .00 Total Interest in 2012 $28 29 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 Select & Pay Later 15.24%(v) $0.00 $0 0 Sign & Travel/Extended Payment Option 15.24% (v) $7,595.61 $98 19 Total $98,19 M Variable Rate Important Notice - Information on Pay Over Time Features Please refer to page 2 for further importan You may have access to one or more Pay Over Time Features as part of your Card account. The following are the current information regardi Annual Percentage Rates (APRs) for Pay Over Time Features. (v) indicates variable rate. your account For Sign & Travel, the APR is 15.24% (v). For Extended Payment Option, the APR is 15.24% (v). For Sign & Travel, the APR is 15.24% (v). SITHYDAWOOD Account Ending 9-31004 p. 4/11 AMERIVW Platinum Card" EXPRESS SITHYDAWOOD Closing Date 03/19/12 Summary of Changes We're making changes to how some American Express cards and benefits work. p. 5/11 Account Ending 9-11004 The following is a summary of changes to important terms of your account. The detailed changes to your Cardmember Agreement appear on the reverse side of this page. How to avoid the change to Paving Interest on Pay Over Time features: You have the right to reject this change. If you do, your enrollment in these features will be cancelled and you will not be able to extend paym( on any new transactions. If you reject this change, it won't apply to your Pay Over Time balance and you'll still able to pay it down over time. To reject this change call us at 1-855-865-1451, or from outside the U.S. or Canada call us collect at 1-336-393-1111. You must reject this change no later than Spm Eastern time on May 18, 2012. Revised' term effectlw May 19, 2012 Paying Interest If you have a Pay Over Time balance, your due date is at least 25 days after the (on Pay Over Time close of each billing period. We will begin charging interest on transactions added t Features) a Pay Over Time balance as of the date they are added. However, we will not char interest on charges added to a Pay Over Time balance automatically (for example, Sign & Travel and Extended Payment Option) if you pay the Account Total New Balance by the due date each month. Additional information about the change to Paving Interest: We are changing when we charge interest on Pay Over Time features. If you pay in full each month, this change will not affect you. If you pay balances over time and then pay in full, we will charge interest until the day we receive your payment. Previously, we would n t have charged interest (except for new Select & Pay Later transactions) in the month you paid your balance in full. This means you will pay more interest on Pay Over Time balances. Revised term effective July 1, 2012 Minimum Monthly The minimum amount due for Pay Over Time features will generally be 1 % of your Payment Pay Over Time New Balance plus finance changes, but not less than $35. The new (for Pay Over Time calculation is shown in the Minimum Monthly Payment section on the reverse side. Features) This change may increase your minimum monthly payment. If you make automatic payments in a fixed amount, please review your statements and adjust your payments as necessary. ATM Withdrawals The limit on ATM withdrawals for Zync and Green Card accounts will be $3,000 in a (Zync, Green, Gold Cards 30-day period (previously, $1,000 in a 7-day period). The limit for Gold Card accoun only) will be $8,500 in a 30-day period (previously, $2,500 in a 7-day period). Membership Rewards We will charge $35 to reinstate points forfeited for late payment (previously, $29). Reinstatement Fee (Program enrollees only) Membership Rewards Rewards Plus Gold Cardmembers will earn 1 point for every dollar spent at a hotel Bonus Points with a frequent guest program that participates in Membership Rewards (previously, t (Rewards Plus Gold only) was 2 points in the first year of Cardmembership and 1.5 points thereafter). State Law Changes I We're making some amendments to address various state laws. 11 See the reverse side for the Detail of Changes to Your Agreements. S0115 BP/FY101/CYCB1 SITHYDAWOOD Account Ending 9-31004 Detail of Changes to Your Agreements We're revising agreements governing your account terms and benefits as described below. Any language in agreements that conflicts with these changes is replaced fully and completely. Language not changed by this notice remains in full force and effect. These changes apply to existing and future balances on your account. encourage you to read this notice, share it with additional cardmembers on your account, and file it for future reference. Paying Interest As of the effective date shown on the preceding page, the When we charge interest subsection of the About interest charges on Pay Over Time balances section in Part 2 of your Cardmember Agreement is replaced o the following: For transactions added to pay over time balances at your request (for example, Select & Pay Later), we charge interest from the date they are added to a pay over time balance until they are paid. For transactions added automatically to a pay over time balance (for example, Sign & Travel and Extended Payment Option), we charge interest from the transaction date until they are paid. However, we will not charge interest on these transactions if: • your Pay Over Time Previous Balance for the billing period is zero; or • you paid the Account Total Previous Balance for each of the previous two billing periods in full by the closing date shown on their respective statements. Minimum Monthly Payment Effective July 1, 2012, the Adjusting your Pay Over Time Minimum Due section in Part 2 of your Cardmember Agreement is deleted and the How we calculate your Minimum Payment Due section is replaced with: The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. To calculate the Pay Over Time Minimum Due for each statement, we start with the higher of: 1) interest charged on the statement plus 11% of the Pay Over Time New Balance (excluding interest on the statement); or 2) $35. Then we round to the nearest dollar and add any Pay Over Time amount past due. Your Pay Over Time Minimum Due will not exceed your Pay Over Time New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time. EXAMPLE. Assume that you have a Pay Over Time New Balance of $3, 000, interest of $29.57, no amounts past due, and a $400 Pay In Full amount. 1) $29.57 + 1% x ($3,000 - $29.57) _ $59.27 2) $35 The higher of (1) or (2) is $59.27, which rounds to $59.00. The Pay Over Time Minimum Due of $59.00 plus the Pay in Full amount of $400 together make up the Minimum Payment Due of $459.00. ATM Withdrawals Effective July 1, 2012, the Limits on withdrawals section of your Agreement for Transferring Funds Electrc is amended by replacing each instance of "$1,000 in a 7-day period" with "$3,000 in a 30-day period" and replacing each instance of "$2,500 in a 7-day period" with "$8,500 in a 30-day period". Membership Rewards Reinstatement Fee Effective July 1, 2012, in Paragraph 2 of the Point Forfeiture for Late Payment section of the Membership Rewards Terms & Conditions, 129" is replaced with "$35". Continued on next page p. 6/11 S01C1 AMERICAN Platinum Card® EXPRESS SITHYDAWOOD Closing Date 03/19/12 p. 7/11 Account Ending 9-11004 Membership Rewards Bonus Points Rewards Plus Gold Cardmembers will earn 1 point for every dollar spent at a hotel with a frequent guest progr n that participates in Membership Rewards (previously, it was 2 points in the first year of Cardmembership and .5 points thereafter). Accordingly, effective July 1, 2012, we're removing "or hotel" from the third sentence of the 1110, Accrual section of the Membership Rewards Terms & Conditions. State Law Changes Effective July 1, 2012, we're adding "to the extent permitted by federal and applicable state law" immediately "we may" in the second sentence of the About default subsection in Part 2 of your Cardmember Agreement. also adding the following sentence to the end of the first paragraph of the Governing Law subsection: "In add if your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to your accoi we elect to offer your card account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article." S01C1 SITHYDAWOOD Account Ending 9-31004 P 8/11 AMERICAN Membership Rewards FirstO MEMBERSHIP EGRESS Monthly Statement and Program News rewards p. 9"' FIRST' I Prepared for SITHYDAWOOD Account Number IM06235783 Questions About Your Account?i l Total Points Balance 22,7J membershiprewards.com En [Points Earned this Period 255 1-800-297-1300 International Collect: 305-816-2799 Account Sum Did You Know? mary February 1, 2012 - February 29, 2012 P i U Opening Points Balance 22,528 se o nts For EverydayCharges Use your Card for everyday purchases like Points Earned this Period +255 groceries, gas, phone bills and more, then online and use the points you earned to co er Points Used this Period 0 those charges. Learn more at membershiprewards.com/everydaycha ges Reinstated Points and Adjustments 0 Where To Stop Before You Shop Total Points Balance 22,783 Earn up to 10X points on 300+ brands at membershiprewards.com/earn I Points Earned this Period are pending until chargesare paid in full and all your accounts are in good standing. Points Earned this Period may include Bonus Points. Points Transaction Detail February 1, 2012- February 29, 2 012 Points Earned this Period Points Activity On Bonus Points Total P ints Eligible Charges Awarded Activity Per Card Platinum 0 0 0 XXXX-XXXXX9-31004 Add'I Platinum XXXX-XXXXX9-31012 105 0 105 Add'I Platinum XXXX-XXXXX9-31020 150 0 150 Total 255 p 255 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or visa ng membershiprewards.com. Terms and Conditionsof the Membership Rewards* program apply. For more information, visit membershiprewards.com/termsor call 1-800-297-1300. From overseas, call collect 305-816-2799. Prepared for SITHYDAWOOD MEMBERSHIP P. 1011 Membership Revvar&O IM06235783 Account Number rewards FIRST' annERIfAN Platinum Card" ExPRE55 SITHYDAWOOD Closing Date 03/19/12 P. 11/11 Account Ending 9-P1004 ARE YOU A MEMBER? VENTE-PRIVEE AND AMERICAN EXPRESS HAVE PARTNERED TO BRING YOU ACCESS TO DESIGNER SALES AT UP TO 70% OFF Receive a;2S AMERICAN EXPRESS STATEMENT CREDIT when you spend $50 or more on your first vente-privee purchase through March 31, 2012. Become a member today at americanexpress.com/VP2S vente-privee with American Express ic? 'Terms and conditions may apply. Please visit americanexpress.com/vP25 for complete terms and conditions. Promotion valid through 3/31/2012,11:59 PM (EST). M Platinum Card® SITHYDAW OOD Closing Date 04/18/12 New Balance $10,173.25 Minimum Payment Due $3,052.61 Includes the past due amount of $2,862.61 Payment Due Date 05/13/12 Late Payment Warning: If you do not pay your Minimum Payment Due, you may have to pay a late fee of up to $35.00 and your Pay Over Time 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 payoff the Pay Over And for the PayOver Time charges and each month you Time balance shown on this balance you will pay an pay statement in about... estimated total of... Only the Minimum Payment Due 19 years $15,953 1T you wouio like intormation about credit counseling services, call 1-888-733-4139. q See page 2 for important information about your account. Q Your account is cancelled and is seriously past due. Pay the past due amount immediately. Continued on Page 3 + Please fold on the perforation below, detach and return with your payment + p. 1/7 Account Ending 9-31004 Membership Rewards® As of 04/18/12 For details, please see your Membership Rewards page Account Summary_ Pay In Full Portion Previous Balance $ ,395.61 Payments/Credits -$0.00 New Charges +$0.00 Fees $35.00 New Balance = $ ,430.61 Pay Over Time Portion Previous Balance $ 646.40 Payments/Credits -$0.00 New Charges +$0.00 Fees +$0.00 Interest Charged $96.24 New Balance = $7, 742.64 Minimum Due 622.00 Account Total Previous Balance $10,4 142.01 Payments/Credits -$0.00 New Charges $0.00 Fees +! ;35.00 Interest Charged +! ;96.24 New Balance $10, Minimum Payment Due $3,1 Days in Billing Period: 30 CrjWj;1:Payy stomer Care by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-800-525-3355 1-800-472-9297 O See Page 2 for additional information ® Payment Coupon Pay by Computer Pay by Phone Account Ending 9-3 Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 Enter account number on all docu Make check payable to American I SITHYDAWOOD 4940 SOLITHWENDLER DR tempe AZ 85285 Payment Due ate 05/13(12 New Bal ncE $10,173.25 Minimum PavmPnr iia 1'I'I?I'lll?l'1111'IIII?1'??"I'I?I??I'???Illlllll?lell?llrllll?? Check here if your address or AMERICAN EXPRESS $ phone number has changed. BOX 0001 Amount I Note changes on reverse side. LOS ANGELES CA 90096-8000 1 0000349991748460094 001017325000305261 15 H SITHYDAWOOD Account Ending 9-31004 p. 2/7 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 m st also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bankand payable in US dollars, or it a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your pa ent does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Elect onic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we a cept 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 ect 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 pay ent from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account umber and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. Wh n we process your check electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we recei a your check, and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we m y issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electr nic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the a ount 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 hich we charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this lance computation method and how resulting interest charges are determined. The method we use to figure the ADO and interest results in daily compoun ding of interest. Paying Interest: If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. We will not charg you interest on charges added automatically to a Pay Over Time balance, or to charges that were added to a Pay Over Time balance at your request in prior billing periods, if you pay the Account Total New Balance by the next Closing Date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents proces it. We will choose a conversion rate that is acceptable to us for that date, unlessa particular rate is required bylaw. The conversion rate we use is no ore than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the c nversion date or the prior businessday. This rate may differfrom rates in effect on the date of your charge. Charges converted by establishments will b 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 se 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 y ur 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 period by calling 1-800-518-8866. Customer Care & Billing Inquiries International Collect Large Print & Braille Statements Car Rental Loss and Damage Insurance Travel Emergency, Worldwide Personal Assistance and Fine Dining Platinum Card Travel Service and Fine Hotels, Resorts & Spas By Invitation Only 1-800-525-3355 1-336-393-1111 1-800-525-3355 1-800-338-1670 1-800-345-AMEX 1-800-443-7672 1-800-321-RSVP 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 address online, visit www.americanexpress.com/updatecontactinfo • For Name, Company Name, 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: an Mobile Site: Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGELS CA 79998-1535 90096-8000 ' Pay Your Bill with AutoP y Avoid late fees Save time Deduct your payment from your b nk account automatically each mont h Visit americanexpress.com/aut today to enroll. y For information on how we protect you privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. AMERICAN Platinum Card® EXPRESS SITHYDAWOOD Closing Date 04/18/12 Account Ending O Notice of Changesto Your Membership Rewards* Program Account Effective July 1, 2012, InterContinental Hotel Group will no longer be a point transfer hotel partner in the Membership Rewards program. Any Membership Rewards point transfer redemptions for Priority Club Points must be made by June 30, 2012. These redemptions will be considered final, non-refundable, and subject to the Priority Club program terms and conditions. As always, you can redeem points for nights at InterContinental Hotel Group properties, including brands such asCrowne Plaza* Hotels and Resorts, Holiday Inn', Intercontinental® Hotels and Resorts using Membership Rewards Pay with Points. You can also transfer points into otherfrequent guest programs, including Best Western Rewards', Choice Privileges', Hilton HHonors' and Starwood Preferred Guest'. To use points for hotel stays, please visit membershiprewards.com/travel. See Page 5 for an Important Notice about Electronic Payments from Savings Accounts O Please note, your preset line is $9,800.00. You have spent $10,173.25. Because your payment was received late, you may have MEMBERSHIP forfeited Membership Rewards® points. Please visit our rewards' website at americanexpress.com/rewards or call 1-800-AXP-EARN (297-3276) for more information or to reinstate points. There is a $29.00 fee for each month of points you want to reinstate. Fees p. 3/7 004 Arno 04/18/12 Late Payment Fee $35 nt 00 Total Fees for this Period $35. DO Interest Charged Amo nt 04/18/12 Interest Charge on Pay Over Time Purchases $96. 4 Total Interest Charged for this Period $96. 4 2012 Fees and Interest Totals Year-to-Date Amou t Total Fees in 2012 $95. 00 Total Interest in 2012 $381. 3 Continued on SITHYDAWOOD Account Ending 9-31004 p. 4/7 [interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance Subject to Interest Rate Inte Cha rest rge Select & Pay Later _ 15.24% (v) $0.00 $ .00 _ Sign & Travel/Extended Payment Option _ 15.24% (v) $7,692.81 $96 .24 Total $9( .24 M Variable Rate Important Notice Information on Pay Over Time Features You may have access to one or more Pay Over Time Features as part of your Card account. The following are the current Annual Percentage Rates (APRs) for Pay Over Time Features. (v) indicates variable rate. Please refer to pag for further imports information regardi your account 2 it ng For Sign & Travel, the APR is 15.24% (v). For Extended Payment Option, the APR is 15.24% (v). For Sign & Travel, the APR is 15.24% (v). AMERICAN Platinum Card® EXPRESS SITHYDAWOOD Closing Date 04/18/12 Notice about Electronic Payments from Savings Accounts Account Ending This notice applies to you if you enrolled in American Express's Pay by Computer or Pay by Phone service us a savings account. If you enrolled using a checking account, no action is required. At this time, American Express is only able to process Pay by Phone and Pay by Computer payments from checking accounts. If you enrolled using a savings account, you must update your bank account informaN to provide a checking account for future payments. If you would like to confirm that you are making payments through your checking account or need to update yc bank account information, log in to your American Express account at americanexpress.com or call us at the number on the back of your card. If you don't provide a checking account, future payments may be processed incorrectly or returned by your bank. p. 5/7 004 SPB42 BP/PBPPBC1/041! SITHYDAWOOD Account Ending 9-31004 p. 6/77 CERICM Membership Rewards First" MEMBERSHIP p 717 Monthly Statement and Program News rewards FIRST" Prepared for SITHYDAWOOD Account Number 1M06235783 Questions About Your Account? Total Points Balance 20,7021 Joints Earned this Period -2,081 m bershiprewards.com [Ei: _ 1-800-297-1300 International Collect: 305-816-2799 Did You Know? Account Summary March 1, 2012 - March 31, 2012 j Use Points For Everyday Charges Opening Points Balance 22,783 Use your Card for everyday purchases like groceries, gas, phone bills and more, then Points Earned this Period -2,081 online and use the points you earned to c those charges. Learn more at Points Used this Period 0 I membershiprewards.com/everydaych I Reinstated Points and Adjustments 0 i Where To Stop Before You Shop Earn up to 1 OX points on 300+ brands at Total Points Balance 20,702 i membershiprewards.com/earn Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Points Earned this Period may include Bonus Points. Points Transaction Detail March 1, 2012 - March 31, 012 Points Earned this Period Forfeited Points Points Activity On Bonus Points Due To Total oints Eligible Charges Awarded Late Payment Activity Pei - Card Platinum 0 0 -390 -390 XXXX-XXXXX9-31004 03/2012 Add'I Platinum 0 0 -1,084 1,084 XXXX-XXXXX9-31012 03/2012 Add'I Platinum 0 0 -607 -607 XXXX-XXXXX9-31020 03/2012 Total 0 0 -2,081 2,081 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred o redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or vis ing membershiprewards.com. Terms and Conditions of the Membership Rewards* program apply. For more information, visit membershiprewards.com/termsor call 1-800-297-1300. From overseas, call collect 305-816-2799. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor "i P f T HE'_a i i 21Q AUG -7 AM 9: 02 CUMBERLAND COUNTY PENNSYLVANIA 'i'608m 01 cumber" OFFICE , F T,E Sw RIFF American Express Bank, FSB vs. Sithy Dawood Case Number 2012-4327 SHERIFF'S RETURN OF SERVICE 07/31/2012 06:30 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 31, 2012 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sithy Dawood, by making known unto himself personally, at 1427 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing t him personally the said true and correct copy of the same. RYAN BURGETT, SHERIFF COST: $38.00 August 03, 2012 SO ANSWERS, 4rz "? R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc., 1 i IN THE ~QMIr'Af1 COURT OF ~ IY1~Qi1(~COL~T`~ _ t ~ ,.. ~ sTATEO~ P~nJ~~ g . ~ ~ ~~= ~" ~TF~~c~? i. !' . l! ~~ l2 A!!G 20 ~~ ~~ 38 i! ~t1M~ER~.ANU ~~~ i '~~. ` ANI~ .(1 ~$ ~m2r7 CA.n ~c~E ~a~s34R: I ~ ~ ~~~ f? cxPass game ~S8 ~~ ~5. i .~ ~ ~ r ~~ i ;.~~ S i a~,oan O 0 i i %~rr>,v~~ To co-nv-~ :, t I i~w 1hC aCiti11~8Dt in the abo'~C stvlo@ tx~e i3D aosvva tht Pl~ietlff's Ccxnolai~8 as fieltowrs: t! f' ..1 0~ o not a c, cod ~x chi u~ (n~fiereo L' r~.~ '` -; ~t ~ axe yin -~-~,no h ~'i~ra.nc.~~.l h~ ~~~..ca.~oe. T S ~ is l~ -~ . ! : ©t ~ ~ ~ ~ c1 `~`" ~e~. ~ ~~ 0 ro , ~.n~rr to a.rn C~ux~ran'~ ~ ~ P 1 ,~ ~ ~ ~~~ Q f ~ ~ ~~ znr~ 11:ec~ i r~ r- ,~.olo~ t 1 am , --{-fin, ~Co SQ.~ttIQ -~h;~ ou ~s ~~ l ~' ~, -~ circ~oc~,r,r 4E (~ ~sQ i t "~ liESOeCTFlI11v lil!!llt.~!2`-~_ ~ E ~ s d l~.~q~ . ~~ E t% ;, ((i, the tmdersi ha~eby ~ t!~ I have sa,-ai me ~'hietiff ar ~ attonky wilb a cgow ofth~ P~~ by iJS I mtii, postage pre-Qwid, oa this the~~a~-v of Ubt:10i 2 } mail, postage axe-Qaici. an tiyis ti~day ot'~ X12 i~ I ~_ { '. lJ~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS No. 2012-04327 CENTURION BANK ' _ Plaintiff/Petitioner x- c c vs. , yv SITHY DAWOOD �p C:)..., Defendant(s)/Respondent(s) 79� N {0 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, with regard to the above matter. Respectfully submitted, Amy F. Doyfellsq3Ae PA Supreme 6ourt 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK Plaintiff/Petitioner vs. SITHY DAWOOD Defendant(s) /Respondent(s) No. 2012 -04327 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above - captioned action as Settled, Discontinued, and Ended. Respectfully submitted, 11A, i Am Esqu re 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