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HomeMy WebLinkAbout12-4326r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS BANK NO. a - Ll3 a, eivi FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF C') c w C= vs. w rn . - SITHY DAWOOD r 4940 SOUTHWENDLER DR ?D r-? N MECHANICSBURG PA 17050 io = DEFENDANT(S) c ?'? NOTICE TO DEFEND -.r 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 y( 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 with, 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 HA A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFF] 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 LE( 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. 10007489 D C" 1 M -ant =- c? W 0041b3. s?da?- C #a? s93 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AMERICAN EXPRESS BANK NO. FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF Vs. SITHY DAWOOD 4940 SOUTHWENDLER DR MECHANICSBURG PA 17050 DEFENDANT(S) NOTICIA LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demar puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues c esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por 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 reclama en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede per( 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 ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEEI 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 A FILE NO. 10007489 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV N AMERICAN EXPRESS BANK NO. y3 ?? GN• FSB 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 Bank FSB (hereafter "American Express") with a 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 Bank FSB was, and is, a federally chartered ba 4. At all relevant times, Defendant was the holder of an American Express card (the "Cart 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 utili: and maintained by Defendant, and therefore, Defendant assented to the terms and conditions contained therein, and a true and correct copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A". 7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set forth in the Agreement, including the following: a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts charged to the Account. b. Defendant agreed to make the "Minimum Payment" (as that term is used in the FILE NO. 10007489 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 Exprc 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 of $1,954.88. 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 for breach of contract in the sum of $1,954.88, plus costs. WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of $1,954.88, plus costs. Count 2 - Account Stated FILE NO. 10007489 (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 v 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 1 for the sum of $1,954.88, which sum reflects the balance, less credits, if any, which were prior to the date of this complaint. WHEREFORE, American Express demands judgment against Defendant on Count 2 in sum of $1,954.88, 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 $1,954.88 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 $1,954.88. 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. 10007489 WHEREFORE, American Express demands judgment against Defendant on Count 3 in an amount to be determined at trial. Respectfully submitted, Amy F. Doyle, E K PA Supreme Cou ID 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. 10007489 VERIFICATION RICHARDAIEJ ASSISTANT CUSTOMAN I, OF RECORDS for American Express Bank FSB, the within Plaintiff, after my review of the American Express Bank FSB documents, I verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Date: on of American txpress Bank FSB RICHARD KIER ASSISTANT CUSTODIAN OF RECORDS FILE NO. 10007489 EXHIBIT "A" Cardmember Agreement: Part 1 of 2 As of: 04/30/2011 Hilton HHonors® Card Issuer: American Express Bank, FSB Cardmember Name: SITHY AWOOD Credit Limit: $2,000 (Cash Advance Limit: $400) Account Ending l1 n: 91004 Rates and Fees Table Annual Percentage Rate 2.90% introductory APR through your billing period that ends in November, 2 011. (APR) for Purchases After that, your APR will be 15.24%. This APR will vary with the market b ased on the Prime Rate. APR for Balance Transfers 2.90% introductory APR through your billing period that ends in November, 201 for transactions posted by May 30, 2011. After that, your APR for those transact ons and any other balance transfer requests that we may accept will be 15.24%. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 27.24% Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2) make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it w ill apply for at least 6 months. We will review your Account every 6 months after the P enalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will of charge you interest on purchases if you pay your entire balance by the due dat each month. We will begin charging interest on cash advances and balance transfer on the transaction date. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit car , visit the the Federal Reserve Board website of the Federal Reserve Board at bft- vi red Annual Membership Fee None Transaction Fees • Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. • Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $35 • Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See th e How we calculate interest section in Part 2. Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you do not pa the Minimum Payment Due within 60 days after its Payment Due Date. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions 349991839705951 CMAEUAOT0000004 996581 995076 Page 1 of 4 I How Rates and Fee s Work Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (ma in) to the APRs and DPRs Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/36 th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime + Margin APR DPI " Introductory Purchase n/a 2.90% 0.0( 79% Purchase Prime + 11.99% 15.24% 0.0 17% Introductory Balance Transfer n/a 2.90% 0.0( 79% Balance Transfer Prime + 11.99% 15.24% 0.0 17% Cash Advance Prime + 21.99% 25.24% 0.06 91% Penalty Prime + 23.99% 27.24% 0.07 46% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, i will apply new transactions • you do not pay at least the Minimum Payment to charges added to that balance 15 or m ore days Due by the Closing Date of the billing period in after we send you notice. which it is due, • you do not pay at least the Minimum Payment We will review your Account every 6 mon ths after Due by the Payment Due Date 2 times in 12 the Penalty APR is applied. The Penalty PR will billing periods, or continue to apply until you have made tim ely • your payment is returned by your bank. payments with no returned payments dur ng the 6 months being reviewed. Penalty APR for existing If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Dat , we can balances apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply t other balances as described above). We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee i $25. If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will no t exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR f new transactions and Penalty APR for existing balances above. Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee i $25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned paym ent fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for new tran actions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is ret rued unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Statement Copy $5 for each statement you request, except for the 3 most recent billing periods. Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotiona l offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM ope rator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charg s made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 349991839705951 CMAEUAOT0000004 996581 995076 Page 2 of 4 Supplement to the Cardmember Agreement How Your Reward Program Works ninon nnonors- How you receive points You receive 3 Hilton HHonors® bonus points Eligible purchases do NOT include: (points) for each $1 of eligible spending on your • fees or interest charges, Hilton HHonors Card from American Express balance transfers, (Card Account). cash advances, Eligible purchases are purchases for goods and purchases of traveler s checks, services minus returns and other credits. purchases or reloading of reloadabl prepaid cards, or • purchases of any cash equivalents. How you receive You receive 3 additional points (a total of 6) for You will NOT receive any additional p oints for: additional points each $1 of eligible spending on your Card • eligible spending at departments of superstores Account: or warehouse clubs. • at any property within the Hilton Worldwide Hilton Grand Vacations timeshare p urchases portfolio. and package sales. • at U.S. supermarkets, drugstores, and gas a purchase if the merchant does no submit the stations. purchase using the correct industry or • for service payments for home and wireless merchant code. A merchant with mo re than phone, cable, satellite TV, and internet service one location may submit purchases using providers. different codes. This means that pu rchases at some locations qualify for additions points, while purchases at other locations f the same merchant would not. When we transfer points We transfer the points you receive to your Hilton HHonors program account after the end of the billing period in which you received them. When you will forfeit points If the Minimum Payment Due is not paid by the Closing Date of the billing period in which t is due, you will forfeit the points you received for eligible spending during that billing period. You ay reinstate those points within the next 24 billing periods if your Card Account is not past du and you pay a $29 fee. Hilton HHonors You may receive an upgrade to the Hilton It will take about 10 to 12 weeks after the eligible Gold VIP Status HHonors Gold VIP status based on your eligible spend level is reached for your Hilton HHonors spending for the calendar year. If your eligible Gold VIP status to become effective. spending during a calendar year reaches Your upgrade will expire after 12 mon ths unless $20,000 or more, you will be upgraded to the your eligible spending during the next calendar Hilton HHonors Gold VIP status. year again qualifies you for an upgrad e. Only the Basic Cardmember will be enrolled. A calendar year is from January 1 to December 31 regardless of when you open your Card Account. Restriction on You may receive Welcome Bonus Points for opening a Card Account. If you open another Card Welcome Bonus Points Account with a higher Welcome Bonus Points awa rd, you will only get the difference betw een the first and second awards. Other things you should You will receive points only for eligible spending account. Hilton HHonors membership earning of know about this program intended for personal, family or household use. Points & Miles® and redemption of poi nts are We may change the terms of this program at our subject to HHonors Terms and Condit ions. You discretion. If you violate or abuse this program, should refer to that document for deta Is on: you may forfeit some or all of your points. how to redeem your points, We are not responsible for points after they are • Hilton HHonors right to change its terms, and rogram credited to your Hilton HHonors program other conditions that may apply tl? e Hilton account. We are also not responsible for the HHonors program. actions of Hilton on your Hilton HHonors program 349991839705951 CMAEU PSP0000202 Page 3 of 4 This page intentionally left blank. 349991839705951 CMAEUPSP0000202 Page 4 of 4 FDR 996581 Cardmember Agreement: Part 2 of 2 Ooc 27304 How Your American Express Account Works Introduction About your This document together with Part 1 make up the amendments are also part of the Agreement. When Cardmember Agreement Cardmember Agreement (Agreement) for the Account you use the Account (or you sign or keep the card), you identified on page 1 of Part 1. Any supplements or agree to the terms of the Agreement. Changing the Agreement We may change this Agreement, subject to applicable some terms may require 45 days advance n tice, and law. We may do this in response to the business, legal or we will tell you in the notice if you have the ri ght to reject competitive environment. a change. We cannot change certain terms ring the We cannot increase the interest rate on existing first year of your Cardmembership. balances except in limited circumstances. Changes to Words we use in We, us, and our mean the issuer shown on page 1 of to your Account, such as purchases, cash ad vances, the Agreement Part 1. You and your mean the person who applied for balance transfers, fees and interest charges. A this Account and for whom we opened the Account. You purchase is a charge for goods or services. cash and your also mean anyone who agrees to pay for this advance is a charge to get cash or cash equ valents. A Account. You are the Basic Cardmember. You may balance transfer is a charge to pay an amo nt you owe request a card for an Additional Cardmember (see on another credit card account. About Additional Cardmembers on page 4 of Part 2). To pay by a certain date means to send your payment Card means any card or other device that we issue to so that we receive it and credit it to your Acc unt by that access your Account. A charge is any amount added date (see About your payments on page 2 of Part 2). About using your card Using the card You may use the card to make purchases. At our status or changes to your card number or exp iration discretion, we may permit you to make cash advances or date. You must notify the merchants directly i you want balance transfers. You cannot transfer balances from any them to stop charging your Account. other account issued by us or our affiliates. Keep your card safe and don't let anyone els e use it. If You may arrange for certain merchants to charge your your card is lost or stolen or your Account is eing used Account at regular intervals. We may (but are not without your permission, contact us right awa y. You may required to) tell these merchants about your Account not use your Account for illegal activities. Promise to pay You promise to pay all charges, including: • charges you make, even if you do not present your card or sign for the transaction, • charges that other people make if you let them use your Account, and • charges that Additional Cardmembers make or permit others to make. Credit limit We assign a Credit Limit to your Account. We may make You agree to manage your Account so that: and cash advance limit part of your Credit Limit available for cash advances your Account balance (including fees and i terest) is (Cash Advance Limit). There may also be a limit on the not more than your Credit Limit, and amount you can withdraw from ATMs in a given period. your cash advance balance (including fees and The Credit Limit and Cash Advance Limit are shown on interest) is not more than your Cash Advan a Limit. page 1 of Part 1 and on each billing statement. We may approve charges that cause your Ac ount We may increase or reduce your Credit Limit and Cash balance to go over your Credit Limit. If we do this, Advance Limit. We may do so even if you pay on time we will not charge an overlimit fee. If we ask ou to and your Account is not in default. promptly pay the amount of your Account bal nce above your Credit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we may We are not responsible for any losses you in ur if we do this include suspected fraud and our assessment of do not authorize a charge. And we are not re ponsible if your creditworthiness. This may occur even if the charge any merchant refuses to accept the card. would not cause you to go over your Credit Limit and your Account is not in default. Page 1 of 10 Ahnut vnur navmantc When you must pay You must pay at least the Minimum Payment Due by the Minimum Payment Due in such time and ma nner by the Payment Due Date. The Minimum Payment Due and Payment Due Date shown on your billing st tement. Payment Due Date are shown on each billing statement. Each statement also shows a Closing Date. The Closing Each statement also states the time and manner by Date is the last day of the billing period cove red by the which you must make your payment for it to be credited statement. Each Closing Date is about 30 d ys after the as of the same day it is received. For your payment to be previous statement's Closing Date, considered on time, we must receive at least the How to make payments Make payments to us in U.S. dollars with: statement. If we receive it after that time, we will credit • a single check drawn on a U.S. bank, or the payment on the day after we receive it. • a single negotiable instrument clearable through the If your payment does not meet the above req uirements U.S. banking system, for example a money order, or there may be a delay in crediting your Acco , nt. This • an electronic payment that can be cleared through the may result in late fees and additional interes charges U.S. banking system. (see How Rates and Fees Work on page 2 f Part 1). When making a payment by mail: If we decide to accept a payment made in a oreign • make a separate payment for each account, currency, we will choose a rate to convert yo r payment • mail your payment to the address shown on the into U.S. dollars, unless the law requires us o use a payment coupon on your billing statement, and particular rate. • write your Account number on your check or negotiable instrument and include the payment coupon. If we process a late payment, a partial paym nt, or a If your payment meets the above requirements we will payment marked with any restrictive langua e, that will , credit it to your Account as of the day we receive it, as have no effect on our rights and will not char ge this long as we receive it by the time disclosed in your billing Agreement. How we apply payments Your Account may have balances with different interest • After the Minimum Payment Due has been paid, we and credits rates. For example, purchases may have a lower interest apply your payments to the balance with t l e highest rate than cash advances. If your Account has balances interest rate, and then to balances with to er interest with different interest rates, here is how we generally rates. apply payments in a billing period: In most cases, we apply a credit to the same balance • We apply your payments, up to the Minimum Payment as the related charge. For example, we apply a credit Due, first to the balance with the lowest interest rate, for a purchase to the purchase balance. We nay apply and then to balances with higher interest rates. payments and credits within balances, and a ong balances with the same interest rate, in any rcder we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the highest of the following EXA/It E. M bhtnm P4y me t Due three amounts: (1) 2°% of the New Balance (excluding late fees on the Assume ttaltyawNewftknoe Is $3,000; st is statement); or Sown (k Me example an Me mod) attd you (2) interest charged on the statement plus 1% of the heN? no /aM toes or a?raurs prat due. New Balance (excluding late fees and interest on the statement), not to exceed 4% of the New Balance; or (11) 2%x $3, OW = $60.00 (3) $15. (2) $29.57 + 1% x (53,000 - $29.57) = $50. 27 Then we add late fees on the statement, round to the (3) 615.00 nearest dollar, and add any amount past due. The ft"e ! of the three amowks is $60• However, your Minimum Payment Due will not exceed 3o the AN 0mum Pl momt Due is $60.00. your New Balance. Adjusting your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future billin g Minimum Payment Due periods. This may let you make a smaller minimum payment from time to time. But if you then do not regul rly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula bove. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1% of the New Bal ance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustm ent, we will not include any new late fees in the Minimum Payment Due. We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum P yments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will als make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Pa yments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. Version 996581 Page 2 of 10 About interest charges When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchase as described below. However, you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by the Payment Due Date, we will not charge interest on purchases. If you pay the New Balance on a statement by the Payment Due Date and then you pay less than the New Balance on the following statement by the Payment Due Date, we will not charge interest on the portion of the purchase balance that we apply that payment to. But we will charge interest on unpaid purchases, the Payment Due Date, we will not charge interest on purchases from the date of your paym nt to the Closing Date of the billing period in wh ch you made that payment. But we will charge interest on purchases from the beginning of that billing period until the date of your payment. • you pay the New Balance on each of the xt two statements by their Payment Due Dates, we will not charge interest on purchases on the following statement. If you do not pay the New Balance on a statement by the Payment Due Date and then: Also, we will not charge interest on purchases on a • you pay the New Balance on the next statement by statement if the Previous Balance on that statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories transactions-such as purchases and cash advances-may have different interest rates. Balances within category may also have different interest rates. We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance. Interest The interest charged for a balance in a billing period, except for variations caused by rounding, equals: • Average Daily Balance (ADB) x • Daily Periodic Rate (DPR) x • number of days the DPR was in effect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. If the daily balance is negative, we treat it as zero. DPR A DPR is 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. EXAMPLE: Cakulleft ha~ Assume that you horns a swo k4wiliaE rate of 15.99%, yourADB is $2,250 and there am 30 days in the bifkng period. The DPR is 15.99% + 365 days = 0.0436% The Interest is $2,250 x 0.0436% x 30 days = $29.57 Daily Balance For each day a DPR is in effect, we figure th , daily balance by: • taking the beginning balance for the day, • adding any new charges, • subtracting any payments or credits; and • making any appropriate adjustments. We add a new charge to a daily balance as f its transaction date. Beginning balance For the first day of a billing period, the beginning balance is the ending balance for the prior bi ling period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to e previous day's daily balance multiplied by the DPR fo that balance. This method of figuring the beginni g balance results in daily compounding of interest. When an interest rate changes, the new DP may come into effect during-not just at the beginning o -the billing period. When this happens, we will create a new balance and apply the new DPR to it. T get the beginning balance on the first day for this new balance, we multiply the previous day's daily balance by the old DPR and add the result to that day's daily balance. Other methods To figure the ADB and interest charges, we ay use other formulas or methods that produce equi alent results. Also, we may choose not to charge i terest on certain types of charges. Determining the We use the Prime Rate from the Money Rates section Prime Rate from any other newspaper of gen eral Prime Rate (or successor section) of The Wall Street Journal. The circulation in New York, New York. Or we ma choose to Prime Rate for each billing period is the Prime Rate use a similar published rate. published in The Wall Street Journal 2 days before the If the Prime Rate increases, variable APRs (a nd Closing Date of the billing period. corresponding DPRs) will increase. In that ca •e, you The Wall Street Journal may not publish the Prime Rate may pay more interest and may have a high Minimum on that day. If it does not, we will use the Prime Rate Payment Due. When the Prime Rate changes , the from the previous day it was published. If The Wall Street resulting changes to variable APRs take effec t as of the Journal is no longer published, we may use the first day of the billing period. Version 996581 Page 3 of 10 vu?c? unNv?aan?..nv.n. o?.v.. About Additional At your request, we may issue cards to Additional You authorize us to give Additional Cardmem ers Cardmembers Cardmembers. They do not have accounts with us but information about your Account and to discus it with they can use your Account subject to the terms of this them. Agreement. We may report an Additional Cardmember's If you want to cancel an Additional Cardmem er's right use of your Account to credit reporting agencies. to use your Account (and cancel their card) y u must You are responsible for all use of your Account by tell us. Additional Cardmembers and anyone they allow to 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 highest interbank rate we identify from custo ary in a foreign currency convert it into U.S. dollars on the date we or our agents banking sources on the conversion date or th e prior process it. Unless a particular rate is required by law, we business day. This rate may differ from rates t riat are in will choose a conversion rate that is acceptable to us for effect on the date of your charge. We will bill harges that date. The rate we use is no more than the highest converted by establishments (such as airlines ) at the official rate published by a government agency or the rates they use. Changing your You must notify us immediately if you change the: If you have more than one account, you need to notify billing address mailing address to which we send billing us separately for each account. statements; or We may update your billing address if we rece ive • e-mail address to which we send notice that your information that it has changed or is incorrect billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending We may: We may do any of these things at our discreti on, even if your Account cancel your Account, you pay on time and your Account is not in de fault. • suspend the ability to make charges, If your Account is cancelled, you must destro your • cancel or suspend any feature on your Account, and cards. • notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after a cancellation. If we do this, we may: If we do any of these, you must still pay us for all charges reinstate any additional cards issued on yo r Account, under the terms of this Agreement. charge you any applicable annual fees, an • charge you a fee for reinstating the Accoun . About default We may consider your Account to be in default if: If we consider your Account in default, we ma • you violate a provision of this Agreement, suspend your ability to make charges, • you give us false information, cancel or suspend any feature on your Acco unt, • you file for bankruptcy, require you to pay more than your Minimu Payment • you default under another agreement you have with us Due immediately, and or an affiliate, require you to pay your Account balance im ediately. • you become incapacitated or die, or • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about you, term of this Agreement. This may have a neg tive investigate your ability to pay, and obtain information impact on your credit record. about you from other sources. And you agree that we If you believe information we have given to a redit may use such information for any purposes, subject to reporting agency is incorrect, write to us at: A nerican applicable law. Express Credit Bureau Unit, P.O. Box 981537 , El You agree that we may give information about your Paso, TX 79998-1537. When you write to us, tell us Account to credit reporting agencies. We may tell a credit your Account number and the specific informa tion you reporting agency if you fail to comply with any believe is incorrect. Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing a dress on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. m il. We may contact you From time to time, we may contact you about topics of customer service or when it is required by aw. ranging from servicing to marketing offers to collecting You can choose to not receive marketing offe s from us. amounts you owe. We may monitor and record phone To do this, call us at 1-800-297-8378 or logo to calls between you (or any Additional Cardmembers on www.americanexpress.com/communications your Account) and us. We do this to ensure the quality Version 996581 Page 4 of 10 About insurance products We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or? reinsurer. non-insurance products, services or features that may Compensation may influence what products and have a fee. One of our affiliates may act on behalf providers we or our affiliates tell you about. of a provider of these products. The affiliate may be We may share information about you with o affiliates compensated for this. The insurance products are not so they can identify products that may intere st you. We offered or sold by us or on our behalf. Our affiliates may may be compensated for this information. get additional compensation when Amex Assurance How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducte from debits from your checking electronically deduct the amount from your bank or other your bank or other asset account on the sam e day account asset account. we receive your check. Also, you will not rece ive that We may process the check electronically by transmitting cancelled check with your bank or asset acco unt billing to your financial institution: statement. • the amount, If we cannot collect the funds electronically, % a may • the routing number, issue a draft against your bank or other asse account • the account number, and for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make char es without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you make charges at these a gencies, we collect certain charge information. That information may be put to routine uses such as processing, billi g and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by age ncies may be published in the Federal Register. Convenience checks Convenience checks (including balance transfer checks) the fee to the same balance that we add the are checks that we may send you to access your convenience check transaction to. Account. The following terms will apply to use of those We will charge $29 each time you ask us to top checks unless otherwise disclosed with the check. payment on a convenience check. If you use a convenience check, we may decline it. If we A convenience check is not a card. You may of use decline it, you may have to pay returned check fees or convenience checks to pay this or any other ccount other penalties to whomever you wrote the check. with us or our affiliates. If you use a conveni nce check, If you use a convenience check and we honor it, we will we will apply the: charge interest beginning as of the date we receive the cash advance APR if you make it payable cash, to check. You cannot avoid paying interest on convenience you, or to a bank, brokerage or similar asse t account, check transactions. or to a mortgage or insurance provider. We will charge a fee for each convenience check purchase APR if you make it payable to a m erchant. transaction. This fee is 3% of the transaction, with a balance transfer APR if you use it to transfe r a minimum of $5. This fee is a finance charge. We will add balance from another creditor. • penalty APR if it applies to your Account. Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion Assigning the Agreement We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notify g you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You ag a that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with s if we decide to do so. We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not give our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this Agreement % ith you in Utah. Version 996581 Page 5 of 10 Arbitration This Arbitration provision sets forth the circum- stances and procedures under which claims may be arbitrated instead of litigated in court. Definitions As used in this Arbitration provision, the term claim means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements, except for the validity, enforceability or scope of this Arbitration provision. For purposes of this Arbitration provision, you and us also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of claims. Claim includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross- claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Claim also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is a party in connection with the claim. The term claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under this 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 of Arbitration Any claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time the claim is filed (code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association (AAA), as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 30 days after you receive notice of our selection. For a copy of the code, to file a claim or for other information, contact either JAMS (1920 Main St #300, Irvine, CA 92614 or jamsadr.com) or AAA (335 Madison Ave, New York, NY 10017 or adr. org). In addition to the organizations listed above, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration subsection set forth below. Significance of Arbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL 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 IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator's authority to resolve claims is limited to claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision of this Agreement (including but not limited to the Continuation subsection below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions on Arbitration subsection be deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) shall not apply. Arbitration Procedures This Arbitration provision is made pu transactions involving interstate com shall be governed by the FAA. The a tion shall be governed by the applica except that this Agreement shall app are any conflicts. The arbitrator shall applicable substantive law consisten FAA and applicable statutes of limita honor claims of privilege recognized and, at the timely request of either p provide a brief written explanation of for the decision. The arbitration prow shall not be governed by any federal rules of civil procedure or rules of ev Any party may request that the arbitr expand the scope of discovery by do writing and copying any other parties have 15 days to make objections. Th will notify the parties of his/her decisi 20 days of any objecting party's subr The arbitrator shall take reasonable preserve privacy. The arbitrator's aw be final and binding, except for any r appeal provided by the FAA; howeve party shall have 30 days to appeal tt by notifying the arbitration organizati, any other parties in writing. The orga will then appoint a three-arbitrator pa shall consider anew any aspect of th objected to by the appealing party. T shall issue its decision, by majority v 120 days of the appealing party's wri Judgment upon any award rendered arbitrator or panel may be entered in having jurisdiction. Location of Arbitration Arbitration hearings you attend shall in the federal judicial district of your r Payment of Fees You will be responsible for paying yo if any, of the arbitration fees (includin administrative, hearing and/or other 1 only up to the amount of the filing fee would have incurred if you had brouc in the state or federal court closest tc billing address that would have had j tion. We will be responsible for any a arbitration fees. At your written reque will consider in good faith making a ti advance of all or part of your share o arbitration fees. You will not be asses arbitration fees in excess of your sha do not prevail in any arbitration with r Continuation This Arbitration provision shall surviv termination of your Account; voluntar of the Account balance in full by you; proceeding by you or us to collect a c by the other; any bankruptcy by you any sale by us of your Account (in thi of a sale, its terms shall apply to the your Account). If any portion of this A provision, except as otherwise provid the Restrictions on Arbitration subset is deemed invalid or unenforceable, i not invalidate the remaining portions provision. Version 996581 Page 6 of 10 suant to nerce and bitra- rle code, r if there apply with the ons, shall it law, rty, shall he basis eding or state fence. for ng so in who shall arbitrator in within ission. leps to rd shall iht of , either it decision n and el which decision a panel e, within en notice. y the nv court ake place sidence. r share, filing, ,es), but >you it a claim your risdic- ditional t, we mporary any sed any e if you payment my legal abt owed us; and case uver of in shall f this ¦ Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the 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: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated 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 bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we 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 may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you 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 Credit Card Purchases If you are dissatisfied with the goods services that you have purchased wit credit card, and you have tried in goo to correct the problem with the mer& may have the right not to pay the rerr amount due on the purchase. To use this right, all of the following rr true: 1. The purchase must have been m? your home state or within 100 mile current mailing address, and the p price must have been more than I Neither of these are necessary if y purchase was based on an advert we mailed to you, or if we own the that sold you the goods or service 2. You must have used your credit c the purchase. Purchases made wi advances from an ATM or with a c accesses your credit card account qualify. 3. You must not yet have fully paid fi purchase. If all of the criteria above are met anc still dissatisfied with the purchase, co writing at: American Express PO Box 981535 El Paso TX 79998-1535 While we investigate, the same rules the disputed amount as discussed at After we finish our investigation, we v our decision. At that point, if we think an amount and you do not pay, we m you as delinquent. lith Your your faith it, you ining st be e in of your 'chase 3. (Note: d for cash )ck that o not the ou are act us in Poly to we. tell you w owe (report Version 996581 Page 7 of 10 Your Agreement for Transferring Funds Electronically This EFTAgreement is between American Express Travel Related Services Company, Inc. and you, once you enroll in an Electronic Funds Transfer Service of ours (service) such as AutoPay, Pay By Computer, or Pay By Phone. This replaces any previous agreement you may have with us for the services. Words we use in this agreement In this EFT Agreement, you and your mean, in addition to the Basic Cardmember, any Additional Cardmembers who have enrolled in the service. We, our, and us mean American Express Travel Related Services Company, Inc. Your card account means the American Express card account. Your bank is the bank, securities firm, or other financial institution that holds your bank account. Your bank account is the consumer bank account you use to pay for any transactions you make through the service. VYrthdraw or withdrawal means an electronic debit or deduction of funds from your bank account. Our business days are Monday through Friday, excluding holidays. AutoPay, Pay By Computer, Pay By Phone With these services, you can initiate electronic payments to your card account. When you do so, you allow us or our agent to draw a check on or initiate an automated clearing house (ACM withdrawal from your bank account in the amount you authorize. If your bank returns a check or ACH withdrawal unpaid the first time we submit it for payment, we may cancel your right to use the service. Your bank may charge you a fee if this happens. How to contact us about the services You can call us at 1-800-IPAY-AXP for Pay By Phone and Pay By Computer questions, and at 1-800-CASH-NOW for Express Cash and AutoPay questions. You may also write to us at American Express, Electronic Funds Services, PO. Box 981531, El Paso, TX 79998-1531. How to stop AutoPay payments If you have told us to make AutoPay payments from your bank account, you can stop any of these payments by calling us at 1-800-227-4669 or writing to us at American Express, Electronic Funds Services, P.O. Box 981540, El Paso, TX 79998-1540 in time for us to receive your request at least 3 business days before the payment is scheduled to be made. We will tell you, at least 10 days before each payment, when it will be made and how much it will be. If we receive your request to stop one of these payments at least 3 business days before the payment is scheduled to be made and we do not stop it, we will be liable for your losses or damages. Unauthorized transactions Tell us AT ONCE if you believe that a transaction has been made without your permission using your card or information about your card account. Calling is the best way of keeping your possible losses down. You could lose all the money in your bank account (plus your maximum overdraft line of credit, if applicable). Call anytime at 1-800-528-4800 (or 1-336-393- 1111 collect, if not in the U.S.). You may also write to us at American Express, Electronic Funds Services, P.O. Box 981532, El Paso, TX 79998-1532. Improper transactions or payments If we do not complete a transfer to or from your bank account on time or in the correct amount, according to this EFT Agreement, we will be liable for your losses or damages. There are some exceptions. We are not liable: • if, through no fault of ours, you do not have enough money in your bank account; • if the transfer would go over the credit limit on any overdraft line you may have; • if the funds in your bank account were subject to legal process or other encumbrance that restricted the transaction; • if circumstances beyond our control (such as fire or flood) prevented the transaction, despite our reasonable precautions; or • if the terminal or system was not working properly and you knew about the breakdown when you started the transfer. Privacy We will disclose information to third parties about your transactions: • when necessary for completing transactions; • to comply with government agency or court orders; or • as stated in our Privacy Notice, which covers your use of the services. Arbitration The Arbitration section, in Part 2 of the Cardmember Agreement, applies to this EFT Agreement and the services. In case of errors or questions If you think your statement or receipt is wrong, or if you need more information about a transaction on your statement or receipt, call or write us as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. If you do not contact us because of certain circumstances (such as you are in the hospital), we may extend the 60-day period for a reasonable time. When you contact us: • tell us your name and account number. • describe the error or the transaction you are unsure about. Explain as clearly as you can why you believe it is an error or why you need more information. • tell us the amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days after you called us. Within 10 business days after we hear from you we will determine whether an error has occurred. We will correct any error promptly. However, if we need more time, we may take up to 45 calendar days to investigate. If we do take more time, we will credit your bank account within 10 business days (of the day we decide we need more time) for the amount you think is in error so that you will have use of the funds during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your bank account for the amount you question. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have credited your bank accoun no error, we will tell you when we will that amount from your bank account authorize us to withdraw this amount bank account. If your bank account d have enough funds to cover this with( can charge the amount to your card a collect the amount from you. If this ha we may cancel your right to use a ser We may end the services We may extend or limit the services a location without telling you ahead of ti we may stop a service at any time. We may cancel your participation in a at any time. If we do, we will write to) we may not send you the notice until cancel. Also, we may refuse to author transaction at our discretion. We will end or suspend use of a servi • you do not use it for 18 months in a • your card account is in default, • your card account is cancelled or si • you cancel the authorization you ga bank to pay for any transactions yo through the service, or • your bank account is closed to with by us or our agents. You may choose to stop using any se If you do, you must write to us at: Am Express, Electronic Funds Services, 1 981531, El Paso, TX 79998-1531. and find n. You iyour not ral, we unt or any ie. Also, but -we if: e your make Box Assignment We may assign this EFT Agreement t a subsidiary or affiliate at any time. Note for Massachusetts resi ents General disclosure statement: Any documentation given to you which shows that an electronic funds transfer was mad will be admissible as evidence of that transfer and will constitute prima facie proof that the transfer was made. Except as explained in this EFTAgre ment, if you initiate an electronic funds transf r from your bank account, you cannot stop p yment of the transfer. Unless otherwise provided i this EFT agreement, you ma not stop payment of electronic nds transfers. Therefore, do not se electronic transfers for purc ases or service unless you are satisfied that you will not need to sto payment. Disclosure of bank account information to third parties: If you give us your ritten authorization to disclose information bout you, your bank account, or the transaction that you make to any person, that authori tion will automatically expire 45 days after we receive it. Optional limit on obtaining cash: Y )u can ask us to limit the total amount of cas that you may get from ATMs in a singled to $50. If you choose this option, we will take all reasonable steps to comply with your request. Version 996581 Page 8 of 10 This page intentionally left blank. Version 996581 Page 9 of 10 T An Important Notice Concerning Cardmember Privacy This Privacy Notice is addressed to United States holders of personal American Express' Charge Cards or accou ts, Optima' Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business charge and credit cards from OPEN from American Express. This Notice explains how we collect, use and safeguard information about you and how to limit the use and disclosure of your information. In this Notice, "American Express," "we," "our," and "us" refer to American Express Travel Related Services Company, Inc., American Express Centurion Bank and American Express Bank, FSB. These entities are "Affiliates" of each ther, which are companies in the American Express family that are related to each other by common ownership or control. Our Affiliates also include publishers, travelers cheques issuers, travel agents and providers of Card-related insurance services. The cards and accounts that we issue are called "Cards" or "Card accounts." Holders of those Card accounts are called "Cardmembers" or "you(r)." What Information Do We Collect? We obtain information about you from a variety of sources. You provide us with information about yourself, for example, by completing Card applications. This includes your name, address, social security number, and income and asset information. Your use of the Card and your other transactions with us and our Affiliates provide us with additional information, such as your spending and payment history. Other sources, such as credit reporting agencies and providers of marketing information, furnish us with additional information about your credit history, purchasing preferences, and other matters. We also obtain information about you in connection with our efforts to protect against fraud. We call all of this information "Cardmember Information." What Do We Do with Cardmember Information? We use Cardmember Information in connection with delivering products and services to you. To do this it is often necessary to share it with our Affiliates and other companies we work with. These include companies that manage Card accounts, offer affinity, frequent-user, and reward programs, companies that perform marketing services and other business operations for us, and companies whose products or services are provided as a benefit of your Card account. We may also share Cardmember Information with other financial institutions with whom we jointly offer products and services. And we may disclose it to other third parties as permitted by law. For example, we disclose Cardmember Information in response to subpoenas, to credit reporting agencies, and to help prevent fraud. Information We Share with Our Affiliates You can inform us not to share with ourAffiliates credit- related information (except as permitted by law), such as your credit history as shown on a consumer report. If you make this choice, we are permitted by law to share with our Affiliates information about our transactions and experiences with you, such as your payment history. Valuable Partner Offers We work with carefully selected business partners, such as merchants that accept the Card, so that you may receive offers for their products and services. We use Cardmember Information to help make these offers more relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a Cardmember, and that you met the qualifications established for the offer. You can inform us not to send you these offers. Your Choices Please let us know if you do not want us to use y ur Cardmember Information to communicate with y u about offers, including exclusive partner offers and offe s from our Affiliates, by mail, telephone and/or e-mail, o share your credit-related information with our Affiliates, y visiting us at: www.americanexoress.com/communications. You can also inform us of your choices (except f e-mail communications) by calling us at . If you make these choices, you may not learn about pr ducts, services and features, including discounts and of er special offers, we believe may be of interest toy u and add value to your Card membership. If you have other Card accounts with us, you will eceive additional privacy notices that apply to those acc unts. Please note that any choices you make will o ly apply to this account. If you are the primary Cardmember on your Card account, any choices you make in accordance wi h this Notice will also apply to any other Cardmember o this account (except for e-mail communications). If yo make choices not to receive offers as indicated above, we may still include notices and information about the Ca and other products and services when communicatin with you about your Card account and related product and services. Information Security We use reasonable administrative, technical and physical security measures to protect your Card tuber Information. Former Customers If you cancel your Card, or your Card account(s) are closed, we will continue to treat and safeguar Cardmember Information about you as described in this Notice. For Vermont Cardmembers Only If your Card account has a Vermont billing address, we will automatically treat your account as if you had informed us not to share your credit-related information with ourAffiliates. Version 996581 Page 10 of 10 EXHIBIT "B" on HHonors® Card from American Express M The Hilt SITHYDAWOOD Closing Date 02/17/12 New Balance $1,836.96 Minimum Payment Due $72.00 Includes the past due amount of $35.00 Payment Due Date 03/13/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum 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: f you make no additional You will pay off the balance And you will pay an -harges and each month you shown on this statement in estimated total of... 3ay... about... Only the Minimum Payment Due 7 years $2,943 If you would like information about credit counseling services, call 1-888-733-4139. P See page 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. H. HHONORS P. 1i5 HILTON WORLDWIDE Account Ending P-91004 View your Hilton HHonors® point balance at hiltonhhonors.com Account Summary Previous Balance $1,(72.99 Payments/Credits $0.00 New Charges +$ 07.28 Fees + 35.00 Interest Charged + 21.69 6.96 New Balance $1:2.00 Minimum Payment Due Credit Limit Available Credit Cash Advance Limit Available Cash Days in Billing Period: 29 $ Customer Care Pay by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-800-297-1000 1-800-472-9297 See Page 2 for additional information Because your payment was received late, you may have forfeited Hilton HHonors® bonus points earned by using your Card. Please call the number on the back of your Card or log on to your account at americanexpress.com for more information or to reinstate rewards. There is a $29.00 fee for each month of rewards you want to reinstate. Continued on Page 3 + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon a Pay by Computer Pay by Phone Account Ending 8-9'004 Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297 Enter account number on all docu ents Make check payable to American E pres SITHYDAWOOD 4940 SOUTHWENDLER DR tempe AZ 85285 Payment Du Date 03/13/12 New Balance $1,83 .96 Minimum Paymen Due $7 .00 ? Check here if your address or phone number has changed. Note changes on reverse side. AMERICAN EXPRESS BOX 0001 LOS ANGELES CA 90096-8000 111111IIu1I1111111oil 111111111II,nIIu1IL11ll,IM 11111111 $ 1 Amount Ehclos 0000349991839705951 000183696000007200 15 H SITHYDAWOOD Account Ending 8-91004 p. 2/5 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 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 a 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 accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required y 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 ect 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 payment 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. Whe 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 depositor other asset account statement. If we cannot collect the funds electro ically 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 a y other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you sped 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 CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation metho and how resulting interest charges are determined. The method we use to figure the ADB and interest results in dailycompoundingof interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if yo pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction 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 it. We will chargea fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, u less a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or th highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will se rd 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 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 perio s by calling 1-800-518-8866. Customer Care & Billing Inquiries 1-800-297-1000 Hearing Impaired International Collect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-800-297-1000 FAX: 1-800-695-9090 Express Cash 1-800-CASH-NOW In NY: 1-800-522-1897 Change of Address If correct on front, do not use. • To change your address online, visit www.americanexpress.com/updatecontactinfo • For Name, Company 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: ame Mobile Site: a Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGEL S CA 79998-1535 90096 8000 Pay Your Bill with Auto ay Avoid late fees Save time Deduct your payment from your b ank account automatically each mont Visit americanexpress.com/au pay today to enroll. For information on how we protect privacy and to set your communica and privacy choices, please visit AMERICAN The Hilton HHonors® Card from American Express EXPRESS SITHYDAWOOD Closing Date 02/17/12 H. HHONORS p. 3/5 HILTON WORLDWIDE Account Ending 8-$1004 IT'S NOT JUST FOR PLANES ANDTRAINS. YOUR AMERICAN EXPRESS-CARD IS WELCOMED FOR CAR RENTALS AND AT GAS STATIONS. m HERTZ. EXXON AND MOBIL STATIONS WELCOME AMERICAN EXPRESS. EXPLORE MORE GREAT PLACES TO USE YOUR CARD AT AMEXNETWORK.COM/WELCOME New Charges Summary T tal IMTIAZ DAWOOD 8-91012 $10 .28 Total New Charges $10 ,28 Detail ® IMTIAZDAWOOD Card Ending 8-91012 Amo unt 01120112 RED LOBSTER 195 0010MECHANICSBURG PA $5 7177631760 5.36 01/21/12 WINE & SPIRITS 2111 ENCLA PA $5 GOVERNMENT SERVICE Description LIQUOR/BEVERAG 1.92 Fees Amo unt 02/13/12 SITHYDAWOOD Late Payment Fee $31 '.00 Total Fees for this Period $31 00 Interest Charged Arno Lint 02117112 Interest Charge on Purchases $2 .69 Total Interest Charged for this Period $2 .69 2012 Fees and Interest Totals Year-to-Date Amo unt Total Fees in 2012 $3 .00 Total Interest in 2012 $44 .09 I Continued on rev rse SITHYDAWOOD Account Ending 8-91004 p. 4/5 Interest Charge Calculation i Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Inte Percentage Rate to InterestRate Ch rest arge Purchases 15.24%(v) $1,793.72 $2 1.69 Cash Advances 25.24%(v) $0.00 $ ---- ----- - --- - - .00 - - ------ -- - $2 Total .69 (v) Variable Rate Hilton HHonorsO Points Earned H. HHONORS HILTON WORLDWIDE Hilton HHonors Account Number: 936737415 AMERICAN EXPRESS The Hilton HHonors® Card from American Express H. HHONORS P. 5/5 HILTON WORLDWIDE SITHYDAWOOD Closing Date 02/17/12 Account Ending 8-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 $25 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/VP25 vente-privee With American Express '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). Extended Warranty" Part of our Relationship Caresm commitment, American Express'award-winning customer service. What if the color fades on your new flat-screen TV? Or your food processor starts rattling instead of slicing and dicing? Chances are it will happen right after the warranty runs out. Fortunately, when you use your American Express® Card for eligible purchases, membership can extend the terms of the US manufacturer's warranty up to one additional year. To learn more about this benefit included with your Card, visit americanexpress.com/extendedwarranty or call 1-800-225-3750. 'Extended Warranty is underwritten by AMEX Assurance Company, Administrative Off ice, Phoenix, AZ. Coverage is determined by the terms, conditions, and exclusions of Policy AX0953 or Policy EW-IND and is subject to change with notice. This document does not supplement or replace the Policy. 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. C'ERIC-N The Hilton HHonors® Card from American Express SITHYDAW OOD Closing Date 03/19/12 New Balance $1,895.94 Minimum Payment Due $110.00 Includes the past due amount of $72.00 Payment Due Date 04/13/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum 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: you make no additional You will payoff the balance And you will pay an harges and each month you shown on this statement in estimated total of... ay... about... Onlythe 7 ears $3,030 Minimum Payment Due y If you would like information about credit counseling services, call 1-888-733-4139. O See page 2 for important information about youraccount. WARNING: Your account is seriously past due. Please pay immediately. Continued delinquency negatively impacts your credit report and score. H. HHONORS p. 1/6 HILTON WORLDWIDE Account Ending 8}91004 View your Hilton HHonors® point balance at hiltonhhonors.com Account Summary Previous Balance Payments/Credits New Charges Fees Interest Charged $1 New Balance $1,8 95.94 Minimum Payment Due $1 10.00 Credit Limit $2,C 00.00 Available Credit $1 04.06 Cash Advance Limit $ 0.00 Available Cash $1 04.06 Days in Billing Period: 31 Customer Care Pay by Computer amencanexpress.com/pbc Customer Care Pay by Phone 1-800-297-1000 1-800-472-9297 See Page 2 for additional information Continued on Page 3 + Pleasefold on the perforation below, detach and return with your payment + ® Payment Coupon Pay by Computer Pay by Phone Account Ending 8-5 Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297 Enter account number on all docu Make check payable to American I SITHYDAWOOD 4940 SOUTHWENDLER DR tempe AZ 85285 Payment Due Date 04/13/12 New Balance $1,89 .94 Minimum Paymen :Due $11.00 ? Check here if your address or phone number has changed. Note changes on reverse side. AMERICAN EXPRESS BOX 0001 LOS ANGELES CA 90096-8000 S Amount 0000349991839705951 000189594000011000 15 H SITHYDAWOOD Account Ending 8-91004 a. 2/6 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 mus 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 ac 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 y 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 ct 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 may be withdrawn from your deposit or other asset account as soon as the same day we receiv your check, and you will not receive that cancelled check with your depositor other asset account statement. If we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or an other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on hich we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in dailycompoundingof interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if yo pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers be inning on the transaction 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 t. We will chargea fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, un ess a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in a ect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period folic wing 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 Y4)ur Account maybe 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 1-800-297-1000 Hearing Impaired International Collect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-800-297-1000 FAX: 1-800-695-9090 Express Cash 1-800-CASH-NOW In NY: 1-800-522-1897 Changeof 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: america Mobile Site: ame Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGEL CA 79998-1535 90096-8000 Pay Your Bill with Auto ay Avoid late fees Save time Deduct your payment from your b ank account automatically each mont Visit americanexpress.com/aut today to enroll. For information on how we protect privacy and to set your communica and privacy choices, please visit www.americanexpress.com/privi -j AMERICAN The Hilton HHonors® Card from American Express EXPRESS SITHYDAWOOD Closing Date 03/19/12 H. HHONORS 3/6 HILTON WORLDWIDE Account Ending 8-9x004 See If Your Purchases Are Protected On-The-Go .x..,,. Check to see if your purchases can be protected Your CardBelx.fits O from damage or theft. Use your smartphone to see which benefits come with your Card. ' Learn how at americanexpress.com/mobile. Fees 03/13/12 Late Payment Fee $35 .00 Total Fees for this Period $35 .00 Interest Charged Amo nt 03/19/12 Interest Charge on Purchases $21 98 Total Interest Charged for this Period $2 98 2012 Fees and Interest Totals Year-to-Date Amo unt Total Fees in 2012 $7C .00 Total Interest in 2012 $6E .07 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance5ubject to Interest Rate Inte Cha est ge Purchases 15.24%(v) $1,855.27 $21 98 Cash Advances 25.24%(v) $0.00 $( .00 Total $23 .98 M Variable Rate Hilton HHonors® Points Earned Hilton HHonors Account Number: 936737415 H. HHONORS HILTON WORLDWIDE Current Period Year t Date Total HHonors Points Earned 0 95 Continued on SITHYDAWOOD Account Ending 8-91004 Your qualifying Year-to-Date spend on your Hilton HHonors® Card is $139.00. To qualify for Hilton HHonors Gold VIP Status, you need to have $20,000 qualified spend by December 31 st. o. 4/6 As of 03/19/12, you have 322 forfeited points availablefor reinstatement. AMERICAN The Hilton HHonors® Card from American Express E?RE55 SITHYDAWOOD Closing Date 03/19/12 H. HHONORS p. 5/6 HILTON WORLDWIDE Account Ending 8-$1004 s Tweet your way to savings with American Express Turn your Tweets into exclusive offers loaded directly to your Card! No coupons. No printouts. Sync your eligible American Express® Card with Twitter Tweet special offer #hashtags to load exclusive offers directly to your Card Save with an automatic statement credit when you make a qualified purchase in store or online with your synced Card Get started by syncing your Card at americanexpress.com/twitter Download a QR reader for your Smartphone and scan this code or visit americanexpress.com/twitter m , 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. SITHYDAWOOD Account Ending 8-91004 p. 6/6 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 americanexpmss com/VP2S vente-privee with American Express _ "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). IT'S NOT JUST FOR BIG THINGS. 0 YOUR AMERICAN EXPRESSaCARD IS PERFECT FOR YOUR WEEKLY GROCERY RUN. Rt' SUPERMARKETS ALL OVER TOWN WELCO E E M AM RICAN EXPRESS. y EXPLORE MORE GREAT PLACES YOUR CARD IS WELCOMED AT AMEXNETWORK.COM/WELCOME Check Your AMGRIC^N1EXweess Extended Warranty' Yot,r Card Benefiits While You Shop 13xIiandW Warranty > Before buying that new camera, use your smartphone to check if Extended Warranty' Purchase Protedion > is available on purchases with your Card. CarRentefLoss and Damage lnsurance > Learn how at a mericanexpress.com/mobile. Extended Warranty is underwritten by AMEX Assurance Company, Administrative Office, Phoenix, AZ. Coverage is determined by the terms, conditions, and exclusio of Policy AX0953 or Policy EW-IND and is subject to change with notice. This document does not supplement or replace the Policy. > Offers are made only to Cardmembers who meet certain qualifying criteria. By responding you will y a disclosing to the merchant that you meet these criteria. AMERICAN The Hilton HHonors® Card from American Express EXPRESS SITHYDAWOOD Closing Date 04/18/12 New Balance $1,954.88 Minimum Payment Due $149.00 Includes the past due amount of $110.00 Payment Due Date 05/13/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum 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: you make no additional You will pay off the balance And you will pay an harges and each month you shown on this statement in estimated total of... )ay... about... Only the 7 $3,116 Minimum Payment Due years H. HHONORS HILTON WORLDWIDE Account Ending View your Hilton HHonors® point balance at hiltonhhonors.com p. 1/11 004 Account Summary Previous Balance $1,8 95.94 Payments/Credits 0.00 New Charges 0.00 Fees +$ 35.00 Interest Charged +$ 23.94 New Balance $1,9 54.88 Minimum Payment Due $1 . 19.00 Credit Limit $2, 0.00 Available Credit 5.12 Cash Advance Limit $0.00 Available Cash 0.00 Days in Billing Period: 30 If you would like information about credit counseling services, call 1-888-733-4139. P Seepage 2 for important information about your account. Q Your account is past due. Pay the past due amount immediately. D See Page 5 for Important Changes to Your Account Terms D See Page 7 for an important Notice about Electronic Payments from Savings Accounts Customer Care PaybyComputer nexpress.com/pbc amencanexpress.com/pbc Customer Care Pay by Phone 1-800-297-1000 1-800-472-9297 q See Page 2 for additional information 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 8- Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297 Enter account number on all docl Make check payable to American SITHYDAWOOD Payment Due Date 4940 SOUTHWENDLER DR 05/13/12 tempe AZ 85285 New Ba ante $1,959.88 Minimum Paymen Due $14P.00 IIII"IIIIIIIIIIIII?rIJlll'I'III""IIIrIJIII'1'III'IIIIIIIIIII AMERICAN EXPRESS $ ? Check here if your addressor BOX 0001 phone number has hanged. LOS ANGELES CA 90096-8000 Note changes ges on on reverse side. Amount Note ch 0000349991839705951 000195488000014900 15 H SITHYDAWOOD Account Ending 8-91004 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 wit a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your pay writ does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we 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 y law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your 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 yourfinancial institution, unless the check is not processable electronically or a less costly process is available. Whe we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or ally other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other assetaccount you specif 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 CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on hich we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation meth and how resulting interest charges are determined. The method we use to figure the ADB and interest results in doilycompoundingof interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if yo pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers be inning on the transaction 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 chargea fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will se d 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 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 perio s by calling 1-800-518-8866. Customer Care & Billing Inquiries 1-800-297-1000 Hearing Impaired International Collect 1-336-393-1111 TTY: 1-800-221-9950 Large Print & Braille Statements 1-800-297-1000 FAX: 1-800-695-9090 Express Cash 1-800-CASH-NOW In NY: 1-800-522-1897 Change of Address if correct on front, do not use. • To change your address online, visit www.americanexpress.com/updatecontactinfo • For Name, Company 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: america Mobile Site: ame Customer Care & Billing Inquiries Payments P.O. BOX 981535 BOX 0001 EL PASO, TX LOS ANGEL S CA 79998-1535 90096-8000 Pay Your Bill with Auto ay Avoid late fees Save time Deduct your payment from your bank account automatically each mon Visit american*xpress.com/aul today to enroll. For information on how we protect privacy and to set your communica and privacy choices, please visit - - T AMERICAN The Hilton HHonors® Card from American Express H. HHONORS p. 3/11 EXPRESS HILTON WORLDWIDE SITHYDAWOOD Closing Date 04/18/12 Account Ending 8-01004 See Page 9 for an important Privacy Notice and the following page for important notices about Your Billing Rights and Electronic Fund Transfer Error Resolution. Fees Amount 04/13/12 Late Payment Fee $3 S.00 Total Fees for this Period $35.00 1 Interest Charged 04/18/12 Interest Charge on Purchases $23.94 Total Interest Charged for this Period $2194 2012 Fees and Interest Totals Year-to-Date Amo unt Total Fees in 2012 $101 _ 1.00 Total Interest in 2012 $92 .01 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance5ubject Inte Percentage Rate to Interest Rate Cha est rge Purchases 15.24%(v) $1,913.28 $2 194 Cash Advances 25.24%(v) $0.00 $ .00 Total $23 .94 M Variable Rate Hilton HHonors® Points Earned N. HHONORS HILTON WORLDWIDE Hilton HHonors Account Number: 936737415 Current Period Year t Date Total Manors Points Earned 0 95 Your qualifying Year-to-Date spend on your Hilton HHonors® Card is $139.00. To qualify for Hilton HHonors Gold VIP Status, you need to have $20,000 qualified spend by December 31 st. As of 04/18/12, you have 322 forfeited points availablefor reinstatement. SITHYDAWOOD Account Ending 8-91004 o.4/11 The Hilton HHonors® Card from American Express H. HHONORS 1).5/11 ORLDWIDE rRCA HILTON W SITHYDAWOOD Closing Date 04/18/12 Account Ending 8-91004 Summary of Changes We're making changes to how some American Express cards and benefits work. These changes go into effect July 1, 2012 unless otherwise noted. The table below summarizes changes that affect your card account and benefits. See the reverse side of this page for changes to your Cardmember Agreement. Minimum Payment Due The minimum amount due will generally be 1% of your New Balance plus finance charges, but not less than $35. The new calculation is shown in the Minimum Payment Due section on the reverse side. 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. State Law Changes We're making some amendments to address various state laws. Reward Points If you forfeit points for making a late payment, you may choose to reinstate the Reinstatement Fee for $35 (previously, $29). See the reverse side for the Detail of Changes to Your Cardmember Agreement SC042 BP/CCSGCOB/0 12 SITHYDAWOOD Account Ending 8-91004 Detail of Changes to Your Cardmember Agreement We're revising your Cardmember Agreement as described below. Any language in your Cardmember Agreem that conflicts with these changes is replaced fully and completely. Language not changed by this notice remaii in full force and effect. These changes apply to existing and future balances on your account. We encourage to read this notice, share it with additional cardmembers on your account, and file it for future reference. Minimum Payment Effective July 1, 2012, the Adjusting your Minimum Payment Due section in Part 2 of your Cardmember Agreement is deleted and the How we calculate your Minimum Payment Due section is replaced with: To calculate the Minimum Payment Due for each statement, we start with the higher of: 1) interest charged on the statement plus 1% of the New Balance (excluding any overlimit amount, penalty fees and interest on the statement); or 2) $35. Then we add any penalty fees shown on the statement and 1/24th of any overlimit amount, round to the nearest dollar, and add any amount past due. Your Minimum Payment Due may also include any additional amount specified in a promotional offer. Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time. EXAMPLE: Assume that your New Balance is $3, 000, interest is $29.57, and you have no overlimit amount, penalty fees, or amounts past due. 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. State Law Changes Effective July 1, 2012, we're adding "to the extent permitted by federal and applicable state law" immediately E "we may" in the second sentence of the About default subsection in Part 2 of your Cardmember Agreement. We're also adding the following sentence to the end of the first paragraph of the Governing Law subsection: Ii addition, if your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to yo account, we elect to offer your card account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article." Reward Points Reinstatement Fee Effective July 1, 2012, in the When you will forfeit points section of How Your Reward Program Works, in a Supplement to the Cardmember Agreement, "$29" is replaced with "$35". p. 6/11 SC042 BP/CCSGCOB/0412 The Hilton HHonors® Card from American Express AMERICAN EXPRESS SITHYDAWOOD Closing Date 04/18/12 H. HHONORS HILTON WORLDWIDE Account Ending 8-9 Notice about Electronic Payments from Savings Accounts p. 7/11 This notice applies to you if you enrolled in American Express's Pay by Computer or Pay by Phone service usi 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 information 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 yo r 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. SPB42 BP/PBPPBC1/0412 SITHYDAWOOD Account Ending 8-91004 0.10/11 Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the 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 PO Box 981535, El Paso TX 79998-1535. In your letter, give us the following information: • Account information.. Your name and account number. • Dollar amount The dollar amount of the suspected error. • Description of problem. If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mista You must contact us: • Within 60 days after the error appeared on your statement. • 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 an 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 correcU the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we 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 u send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay th amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If y 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 With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct th problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at PO Box 981535, El Paso TX 79998-1535. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may reps you as delinquent. SPC30 BP/PRVCCSG/0310 -1 SITHYDAWOOD Account Ending 8-91004 p 8/11 AMERICAN EXPRESS The Hilton HHonors® Card from American Express SITHYDAWOOD Closing Date 04/18/12 An Important Notice Concerning Cardmember Privacy H. HHONORS HILTON WORLDWIDE Account Ending 8-911004 This Privacy Notice is addressed to United States holders of personal American Express Charge Cards or accounts, Optin Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business charge and credit cards from OPEN from American Express. This Notice explains how we collect, use and safeguard information aboi you and how to limit the use and disclosure of your information. In this Notice, "American Express," "we," "our," and "us" refer to American Express Travel Related Services Company, Inc., American Express Centurion Bank and American Express Bank, FSB. These entities are "Affiliates" of each other, which 2 companies in the American Express family that are related to each other by common ownership or control. Our Affiliates a include publishers, travelers cheque issuers, travel agents and providers of Card-related insurance services. The cards an accounts that we issue are called "Cards" or "Card accounts." Holders of those Card accounts are called "Cardmembers" of "you(r)." What Information Do We Collect? We obtain information about you from a variety of sources. You provide us with information about yourself, for example, by completing Card applications. This includes your name, address, social security number, and income and asset information. Your use of the Card and your other transactions with us and our Affiliates provide us with additional information, such as your spending and payment history. Other sources, such as credit reporting agencies and providers of marketing information, furnish us with additional information about your credit history, purchasing preferences, and other matters. We also obtain information about you in connection with our efforts to protect against fraud. We call all of this information "Cardmember Information." What Do We Do with Cardmember Information? We use Cardmember Information in connection with delivering products and services to you. To do this it is often necessary to share it with our Affiliates and other companies we work with. These include companies that manage Card accounts, offer affinity, frequent-user, and reward programs, companies that perform marketing services and other business operations for us, and companies whose products or services are provided as a benefit of your Card account. We may also share Cardmember Information with other financial institutions with whom we jointly offer products and services. And we may disclose it to other third parties as permitted by law. For example, we disclose Cardmember Information in response to subpoenas, to credit reporting agencies, and to help prevent fraud. Information We Share with Our Affiliates You can inform us not to share with our Affiliates credit-related information (except as permitted by law), such as your credit history as shown on a consumer report. If you make this choice, we are permitted by law to share with our Affiliates information about our transactions and experiences with you, such as your payment history. Valuable Partner Offers We work with carefully selected business partners, such as merchants that accept the Card, so that you may receive offers for their products and services. We use Cardmember Information to help make these offers more relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a Cardmemb r, and that you met the qualifications established for the offe . You can inform us not to send you these offers. Your Choices Please let us know if you do not want us to use your Cardmember Information to communicate with you about offers, including exclusive partner offers and offers from our Affiliates, by mail, telephone and/or e-mail, or share your credit-related information with our Affiliates, by visiting us t: www.americanexpress.com/communications. You can also inform us of your choices (except for e-mail communications) by calling us at 1-800-297-8378. If you make these choices, you may not learn about products, services and features, including discounts and other speci 1 offers, we believe may be of interest to you and add value to your Card membership. If you have other Card accounts with us, you will receive additional privacy notices that apply to those accounts. Please note that any choices you make will only apply to this account. If you are the primary Cardmember on your Card account, any choices you make in accordance with this Notice will Is( apply to any other Cardmember on this account (except f e-mail communications). If you make choices not to receive offers as indicated above, we may still include notices and information about the Card and other products and services when communicating with you about your Card account arid related products and services. Information Security We use reasonable administrative, technical and physical security measures to protect your Cardmember Informatio . Former Customers If you cancel your Card, or your Card account(s) are we will continue to treat and safeguard Cardmember Information about you as described in this Notice. For Vermont Cardmembers Only If your Card account has a Vermont billing address, we wi automatically treat your account as if you had informed us not to share your credit-related information with our Affiliates. SPC30 BP/PRVCCSG/03110 The Hilton HHonors® Card from American Express H. HHONORS AMERICAN HILTON WORLDWIDE EXPRESS SITHYDAWOOD Closing Date 04/18/12 Account Ending Annual EFT Error Resolution Notice This notice is to inform you about how you should notify us of errors or questions regarding any electronic fund transfers you initiate using yo American Express Card, including Express Cash transactions, or electronic payments you make to American Express using Pay By Phone, Pay By Computer, or any other American Express electronic payment service. In case of errors or questions about your Electronic Transfers, please contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. You can telephone us at 1-800-IPAY-AXP for Pa Phone and Pay By Computer questions, and at 1-800-CASH-NOW for Express Cash and Automatic Payment questions. Alternatively, yot, may write to us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso, TX 79998-1531, or contact us online at www.americanexpress.com/inquirycenter. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or question arose. When you contact us, please provide the following information: (1) Your name and card account number. (2) Description of the error or the transfer you are unsure about. Explain as clearly as you can wh' you believe it is an error or why you need more information. (3) The dollar amount of the suspected error. If you notify us by phone, we may require that you send us your complaint or question in writing within 10 business days of the call. We wil determine whether an error occurred within 10 business days and will correct any error promptly. If we need more time, however, we may up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your bank account within 10 business days fo the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we a you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For error involving point-of-sale or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell yo the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have credited your bank account and there was no error, we will tell you when we will withdraw that amount from your bank account aI You authorize us to withdraw this amount from your bank account. If your bank account does not have enough funds to cover this withdra% we can charge the amount to your card account or collect the amount from you. If this happens, we may cancel your right to use our electr transfer services. p. 11/11 004 By SPC30 BP/PRVCCSG/0310 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??a??a at +Csmb?rt??? OFFICE OF THE SHERIFF PR THO 'HE E Y2 AUG -1 AM 9: U U pE"NSYLVAN A American Express Bank, FSB vs. Sithy Dawood Case Numb 2012-4326 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, 1?z N C' RONNY R ANDERSON, SHERIFF c) CeuntySuite Sheriff, TeleOSOft. 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