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Home My WebLink About12-5939COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank Plaintiff v. No. ~a- 5 l ~~ MATTHEW GAMBER Defendant 121298.001! NOTICE TO DEFEND '? r-..~ ;a~ --s a t, P~ :.~ -~~, ~ ...._.. -- ~ ~ U r _~. Y a N Ci ~.~ ^ j ,. E~. , r-.~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOt1 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVF_. A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - Telephone number 717-249-3166 s "~~a8la~e6 C_OURT_ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff v. No. MATTHEW GAMBER, Defendant 121298.001/ COMPLAINT Plaintiff, American Express Bank FSB, a Federal Savings Bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Bank FSB, a Federal Savings Bank, ("Plaintiff ') is a NY business corporation having its corporate offices at 20U Vesey Street 43rd. Fl, ,New York NY 10285. 2. Defendant, MATTHEW GAMBER, is an adult individual resident of Pennsylvania who maintains an address at 304A N SAINT JOHNS RD, CAMP HILL PA 17011. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in * * * * * * * * * * * 3003 . 5. Use of~ the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 2 6. Defendant used the credit card with account number ending in * * * * * * * * * * * 3003, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit `B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on or about 06/25/2011 and Defendant has failed pay any amounts since that time. 10. The principal amount due at such time was $12,766.8(1. 11. Plaintiff is also entitled to receive interest on the above; amount determined by applying the statutory interest rate of 6.0000% per annum to the past due balance, which currently totals $2.10 per diem. 12. Plaintiff is entitled to have 6.0000% per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 13. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorneys' fees and in this case amount to $1,000.00. 14. The instant transaction arises from a commercial account and is therefore a commercial transaction. 3 WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $12,766.80 due on the account; a) Interest at the per diem rate of $2.10 from the date of filing this Complaint until the date of Judgment; b) Reasonable attorneys' fees in the amount of $1,000.00; c) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I -Unjust Enrichment 15. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 16. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 17. Defendant received and accepted the benefit of said credit provided by Plaintiff. 18. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 19. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 20. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 21. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 4 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $12,766.80. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $12,766.80 due on the account; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. Respectfully Submitted, 7 L DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9`" Street-Suite 200 Allentown, PA 18102 610-439-1.500 Date: September 17, 2012 5 CD25139_FDR899847_pl2.gxp:FDR81~199 9/26/07 6:05 PM Page I=DR 599347 ii eic;rtnct~tSueurican [xtrtc-Cses ale en +cz,hi: This documznt and the accompanying supplement(s) constitutz your Agreement Please read and keep this Agreement. Abide by its terms. M'hen you keep, sign or use the Business Card issued to you (including any rerewa(or replacement Rosiness Cards). or yon use the account associated with this Agreement (your `Card Account"), you agree ro the leans of this Agreement. The words "you;"'your" and "VOUrs° mean the person named on the Business Card andlur, where applicable, the Company. You have received this Business Card at the request of the Company for use in omnection with the Card Account. You will be called a'Business Cardmember" or Additional Cardmember."'The Basic Cardmember is the authorizing officer of the Company who authorized us to issue the Business Card to you by signing the Company's application for the Card Account The term "Company" means the company, corpoi-alion or firm in whose name the Business Card Account is established_'Che Company, Basic Cardmember and Additional Cardmembers agree, both ioiody and individually, to he bound by the terms of this Agreement The term "Card" refers to the Amzncan Express'° Business Card issued ro you, all other Business Cards is-sued on your Caril Accomm, and any other device (such as Card Accomtt numbers) with which }'ou may access your Card Account. "We° "our° and `us" reler u+ American f-.xpress Bank, FSR, [he issuer of your Card Acmm~t i.. ntrtl ..Curl You may use the Card to obtain goods and services fran any person who aaepts the Card ("Purchase(s)"). 1'ou agree that you will use the Card tar commercial or business purposes. Sou uuty also use the Card to obtain luaus f'Cash ,1dvance(s)") through various means we mac make available e.g., A'I:til machines) up to the applicable limits on your Account_ At our discretion, we may permit you to transfer balances tram other accounts to your Account ("Balance Transfer(s)"). At our discretion, we may issue convenience checks Chat vou can use to access coot Account. Each convenience dteck may be aced only by the Basic Cardmanber. You may not use convenieuce checks to pay any amount you owe under this Agreement or to pay any other account you have with us or our aliiliates-Transactions you make in response ur promotional offers from us will be subject to the terms of the promotion and this Agreement. All amounts charged to your Account, including Purchases, Cash Advances, Balance Transfers, a>m enience checks, annual tee(s), if an}; am amounts guaranteed by use of the Card, other lees, and any finance Charges, are "Charges" A com'enience check that m•e identify as having been made payable to cash, to you, or to a ban):, brokerage or similar asset account, or Io a mortgage provider or insurance pnrvidr. will be~ treated as a Cash Advance. Any other convenience check and/or a Balance 't'ransfer will he seated as a Purchase, except as otherwise noted. If you make a Purchase or a Balance Transfer, or use a com'eniena-cheek, that is governed by a promotional offer from as, thz Charge will he included in a Promotional Balance, unless we notify you otherwtse. You agree not to let any person usz a Card except a Cardntzmber whose name is on il. 1'ou agree to notify us if the Card is lost orstnlen, or you suspect that it is hiring used without your permission. You agree to use the Accoum only for Purchases, Cash ,Advances, nr Ra?anca Transfers that are lawful crud are permitted under this Agreement We may issue you renewal or replacement Cards before a previously issued Card expires. IC}'ou or an Additional Cardmember authorize a third party to bill Charges on a recurring basis to your Account ("Recurring Charge(s)"), we may (but are not required to) provide such third party with vaur current Acurunt status, Card number andlur expiration date to permit that third parq• to continue billing cone Account. We may take such steps even ii your aecou ni number cbanges or tf we issue a renewal or uplacement Card to you or an Additional Cardmember.'fo withdraw authorization for a Rzcurrin~ Charge, you must notify the itird party t Fe~,tl€ t [rte A portion of your credit line may be available to you for Cash Advances up to your Cash Advance limit. We may, at any Iimr and in our sole discretion, increase andlur decrease your credit line and Cash Advance limit. 1Ve may limit Charges at an automated teller madtine ("ATM") to the lesser of (i) a total of S I,OOU tit am' seven-dav period, or (ii) the remaining amount of the Cash Advance limit on }'our Account, and we may impose addiuunal limits at our sole discretion (in addition to an}' limits imposed by the A"I`M~s owner). Your billing statements wilt show your credit lint and Cash Advancz limit and the unused portions of such line and limit as of the sta[emert date. 1'ou agree to manage your Account so that pour balance for Cash Advances (including fees and Finance Charges) will not exceed the Cash Advance Gmit and }'our overall balance (in iuding fees and Finance Charges) will not exceed your credit line. 1'ou agree to pay us, immediate)} upon request, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline anv attempted Charge, even if the Charge would not cause you to exceed your credit line or limit. Wr are not responsible for any losses or other consequences if a transaaimt wt your:lccount is nut approved (ur anv reason, even if you have sufficient credit available. Gxrrpt as otherwise reyuircd by applicable la.v, we will not be responsible if any merchant refuses to honor the Card or fur any other problem you may have with a merchant 1Ne may periodicalh re-evaluate your credit standing and in connection with such re-evaluation vou agree to provide us upon our request copies of such dontmrnts woe may reyuest including but not limited to bankstatements and tax returns. F+ru m i, t L> ?o Yuu promise 0.r pay all Charges, including Charges incurred by.Additional Cardmembers, tin your Aiamnt. This promise includes any Charge fur which you or an Addir.ional C.ardmemher indicated an intent to incur the Charge, even if you or the Additional Cardmember hate not signed a charge form or presented the Card. You also promise to pav any Charge incurred by anyone that vou or ate Additions! Cardmember let use the Card, even though you have agreed not to let anyone else use the Card. tif;atrr• tit I". , k;a~~..?.rr, t id~tu~n:: Additional Cardmembers du not havz accounts with us. Instead, they are authorized users on the Card Account, and the Cards issued to them may he canceled by the Basic Cardmember ur Company or us at any lime. You must notify us to revoke an Additional Cardmzmbcr's permission to use the Card .Account "fhe Company and the Basic Cardmember are responsible under this Agreement (or all use of the Card Accomtt by the Basic Cardmember and Additional Cardmembers, and by anvnne else the Basic Cardmember or an Additional Cardmember lets use the Card, and the Charges they incur will br billed to the Basic Cardmember "Che Company and the Basic Cardmember have this responsibiliq even if they did not intend for an Additional Cardmember, or other person, to use the Card for any transactions. 'fhe Company and the Basic Cardmember are also responsible for am• losses as well as any other consequences related to or resulting from actions taken by any third parties authorized io act on behalf of the Canpany and the Basic Cardmember. Notwithstanding the Company's and the Basic Cardmember's responsibility for all use oY the Card Account, by each use of the Additional Gard to incur Charges, the Additional Cardmember indicates his or her agreement to pay us fur the Charge it [hr Company and/or the Basic Cardmember fail to nr refuse to pay it, and we may, at our discretion, pursue Additional Cardmembers ir,~r payment of Charges they incur or authorize even though we send bills to the Basic Cardmember and not to Additional Cardmembers. 1'he Company and the Basic Cardmember authorize us m provide Card Account information to Additional Cardmembers and to discuss the Card Account with them. "Che Basic Cardmember agrees to notify each Additional Cardmember, a[ the time he or she becomes an Additional CD 2x139 (I U1171 Can member, that we may race ist, record, exchange and use information about him or herin the same manner we do with information about vou. as described below in the Consumer/Business Reports, Telephone Monitoring/ Recording, and Suspension/ Cancellation sections of this Agreement. Killing Statcmcnts We will send bills tier all Charges to the then currem Bali: Cardmember far the Card Aaount or such other person designated by the Company to receive the bills at the mailing ore-mail address provided by the Basic Cardmember The Company or Basic Cardmember most notifv tts immediately of any change in the mailing or e-mail address to which we send billing statements or notices that a billing statement has been posted (`Billing Address"). lEyou wish a Billing Address change to apply to more than one account you maintain with us, vou must tell us. You agree Chat we may also update your Billing Address if w-e receive information that your Billing Address has changed or is incorrect. The Compam or Basic Cardmember must also notifv us immediately of any change in the Basic's or the Compam't mailing address, telephone or fax number, the Company's name or the Company's state of incarpuralion or organization, changes to your social secw ity number or employer ID number. and any other information we may reyuest. The `New Balance" appears on tour billing statement. To determine the New Balance, we hegira with the outstanding balance nn your Account at the beginning of each billing period, called the "Previous' Balance" on the billing statement. bve add any Charges, subtract any credits or payments credited as of that billing period, and make other applicable adjustments. \tt^i1Sl brat :)mount tSmi ?.ash billing statement will reelect a Minimum Amount Due. Payment is due by the time and date shown and in the mariner prescribed on the statement. The Dtinimum Amount Due will not exceed the New Balance. Ybv may pay more than the 1~linimum Amount Due, up to the entire outstanding balance, a[ any time 'Co calculate the Minimum Amount Uue, we add togather the following amounts, round the result to the nearest whole dollar, and then add soy amount past duz~ Ia) the greatest ot: (a) 2°,h of the New Balance (excluding from the New Balance anv over-limit amount and am' late fees or over-limit fees): (b) the lesser of (i) current billed Finaricr Charges plus 1'yo of the New Balance (cxchrding from thz New Balance any over-limitamount, am late fees or over-limit Fees and finance charges), or (ii) 4`vo of the I~ew Balance; or (c) Sl s; (2) any over-limit fees added during the billing period; (3) any late fees added during the billing period; and (4) ti24th of an}' over-linitrrntount (the part of }'our New Balance in excess of your credit line). Adjusted Minimum Amount Due Summary: Ifyou consistently pay more than the M11inimum Amount Due outlined above, we may calculate your minilmum payment without any late fees, over-limit amount or the additional t% of the balance referenced tit (1)(b)(i). If we du this, and finance charges are more than 24b of the balance, we may add SL to your minimum payment. For information about how this works, read the detailed description below. Detailed Description: We may adjust the outlined caladation above by removing the Late fees in (3), the over- limit amount in (4) and "plus Igo of the New Balance" in (i)(b)(i). In the ad}usted calculation, we will exclude only the ever-limit fees from the New Balance in (1}(a). After the adjustment, if (t) is cyan) to the current billed Finance Chatgrs, we will increase vour Aiinimum Amount Due by $ Is. 1Ve will apply the adjusted c;dndation to your Account iti thesum ofyourpaymenrs (credited to your Accoum in thz xis consecutive billing periods ending with the Cbsing Date of the current billing period) is greater than Exhibit ' _~~ CD25139_FDR899847_p 12.gxp: FDR815199 9/26/07 6:05 FPM Page the Burn u(ihc titin unum Amounts Due ILx the six consecW ive billing periods ending wish the Closing llate nE the previous billing pei cod, not urine the odlusted ca]culaUon and including the amount past due in not}' the first of those six periods); • the sum of the hiinhtnnn Amounts llue is equal to the sum of your payments and it is less than or eyual to 390; the sum o(tlx Minimmn Amounts Due is zero and we used the adjusted calculation in thelast billing period svhcu }~ourMinimwn Amoum Due was not zero; or • it is the first billing pennd ending on or otter November 16, 2007, and your Account was opened before that date. if wz adjust your Minimum Amount Due, we will do so for at least six billing periods, and if we stop adjusting your Minimum Amount Due, rce will not adjust it again for at least six billing periods, regardless ofyour payment history- 1' ;,,. All payments must he sent to the payment address shown nn your billing statement and must include the remittance coupon fmm your billing statement. Yon must pay us in Lt.S. currzna-, with a singly draft or check drawn on a L[S. bank and payable in U.S. dollars, or with a negotiable instrument payable in U.S. dollars and Bearable through the U.S. banking system, or through an electronic payment method clearable through the U_S. banking system. 1'ou r Acnw nt number rmrst be included on or with all paymems. If :ve decide to accept a payment made in a U>reien currenq•, you authorize us to choose a conversion rate that is acceptable to us to cunvzrt your remittance into C.S. currency, unless a particular rrte is required by law. Payments conforming to the above «'<}uirements that we receive no later [Iran the hour sprdficd on yourbilling statement will be credited to your Account its of the day received; payments uvrforuting to the above requirements that we receive after the hour specified on your billing statement witl be credited n. your Account as of the following day. if pa}'meat does not cenlorm to the reyuiremen~s stated above, crediting maybe delayed. If this happens, additional Charges maybe imposed. We may accept late payments, partial payments or any patonent; marked as being payment in full or as being settlement of any dispute without losing any of our rights under this :lgrccment or under the law Our acceptance of any such payments does nut mean we agree try change this Agreement in any way. You agree that an acceptance of such payments will not operate as an accord and snrisfaction without our prior express written approval. Subied to applicable law, nee will apply and alinarte payments and credits arrmrg balance=and Charges art ymm An~urrr m arr}~ order and manner determined by u; rn our sole discretion. In mast cases, we wail apply and sllocate payments ~ixst to balances at lower Annual Percentage Kates (") and then :o higher APR balances, and apply Purchase credits first to the balance from which the corresponding debit originated. However; for sere icing, 'administrative, systems or other business reasons, wz may apply and allocate payments and credits ammrg balances and to Charges on your Aaomtt in :;Dena other order or mamu~r that we mac dztenniur in our sole discretion. 1'ou eater that eve have the unconditional right to r_ecrcise This discretion in a wov that is most favorable or convenient [o us. 1 i11„,`; >I{ {ef.., F ~~i!t', l..itil: .; ~ r>:ti r l When you provide a check as payment, you authorize us to ^se information t}om your check to make an electronic fund transfer from }our account or to process the payment as a check transaction. if we process your check electronically, funds maybe withdrawn from your bank or asset account as soon as the same day we receive vow-check..41so, if we process your check electronically, }ou will not receive that cancelled check with your bank or asset aecmm~t statement. ~_ Finance Charges begin to accrue cur eadt Charge as of the date the Charge is added to the Bail}' balance, as described below. if payment in full for any New Balance shown on the statement for a billing period is credited to your Account by the Faymem Duc Datr shown on that statemem, thin Finance Charges will not a~.--aye for Purchases from the date nn which payment in full nl that New Balance is credited to your Amount until the end of the billing perivd in which such payment is credited to your Account. Lr addition, Furance Charges will not accrue for Purchases during a billing period if (a) the Previous Balance shown nn the billing; statemem for that hilling peri<rd is zero or a credit balance, ur (b) payment in full for the New Balance, if am', shown on the statements covering the two immediately preceding billing periods is credited to your Account by the respective Payment Due Dates shown on those statements. For purposes of this paragraph, Purchases do not include Balance l'ransfers or convenience checks. 13. The Daily Periodic Rute ("DPR"} for Purchases and the DPK for ('ash Advances are each based on an Annual Percentage Rate ("), which may vary or which for Purchases may bz fixed asset t2rrth in the supplement. If the APR is variable, the APR is based nn the Prime Rate described below. The APR for Cash Advances is the Prime Rate plus 14.99%. A DPR is I!36ith of the APR. Your DPRs and APRs, variable or fixed, appear mr the accompan}dng supplement(s). When an APR dranges, we apply it to an}' existing balance subject to that rate. r::.'Che "Prime Rate" is determined once with respect to each billing period. The }'rime Rate for each billing period is the Prime Rate published in the Money Rates section (or successor section) of The 1Nn11 Street/ournal on (a) the first day of that billingperiod or (b}the day that is two days prior to the Closing llate of that billing period, whichever is higher. In each case, if such a day is not a customary publication day fur The WaII Sneer Journal, we will substitute the closest preceding day that is a customan publication day. If 7-he N•it11 Street )ournal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, or wz may substitute a similar reference rate at our cafe discretion. ,Anc increase or decrease to an APR resulting Crom a change in the Prime Rate takes et7ed as of the first day o(the billing period. Act increase in the Prime Rate means that the variable APRs (and corresponding DPRs} applicable to your Account wW increase and }'nu may incur higher Finance Charges and may have a higher NSinimwn Amnu nC Due- It. 'Phe DPR (and corresponding APR) on all balances may increase under the following cirarmstances: t. the DPR (and corresponding APR) o:u Purchases will increase to the Default Rate, which is a DPR that corresponds W an APR equal to the Primz Rale plus 15.99~sS, and the DPR (and corresponding APk) on Cash Advances will increase to the Default Rate, which is a DPR that corresponds to an APR equal to the Prime Rate plus 2]_99'9u, if during the Review Fzriod a payment of your Minimum Amount Due is not credited to }rwr Account by the Payment Due Date in any hvo billing periods. The "Review Period" is the period, constituting approximately one }'ear, of twelve consecutive billing periods ending with the Closing Date of the current billing period whether or not you received a statement fur each such billing period. If these llefauh Rates are applied they will apply to your Account fora minimum of twelve consecutive billing periods, beginning with the current billing period, unless you hate triggered a higher APR based on the criteria described in subsection (2) below. 2, Notwithstanding thzforegoing, the DPFt (and corresponding APR) on all balances will increase to a Default Rate whidt is a DPR [hat corresponds to an APR equal to the Prime Rate plus 21.99ro, if during the Review Period (al a payment ofyour islinimum Amount Due is oat credited to your Account by thz Payment Dur llate in any three ur more billing periods, (b) a payment ofyour Minimum Amount llue is met credited to your Account by the Paymend Due Date in asp two eooseartive billing periods, (c) a payment on your account is not honored by your bank or other finandal institution, or (d) you exceed am designated credit limit on your Account three or more tunes. If this Default Rate is applied, it will apply to your Account fort minimum of hvehe consecutive billing periods, beginning with the current billing period. T-. Wr may decide no[ to increase the DP1Lr (crud corresponding APRs) applicable to your Amount asset forth in paragraph D above. If we decide not ur do so, we still have the right to subseyvently increase the DPRs (and : on~esponding APRs) applicable to your Account in accordance with paragraph D above and the other provisions of this Agreement. Any balances transferred from another amount to this Card Account shall be governed br the terms and conditions of this Agreement, mrless uotfCied otherwise. FDR 39984; ntcrageG`arf. ,,rLa:.< ¢ r• e.;,±, i alrtrh.ihnn-,<,r t:na::-<c t`6 a rgec We use the Average I)ady Balance method to calculate Finance Charges on }'our Account. Under this method, we calculate the Finance Charges on your Accoum bl' applying the DPR to the Average Daily Balance (as described below) separately for each balance subject to Pinance Charges. Different periodic rates may be used Eor different balances. Fur example, different DPRs may tee applied to separate balances, such as Purchase, Cash Advent:..-e, and Promotional 6alancrs.'[o get the Average Daily Balance inr each balance, we (1) take the heeinning balance fur each day jinduding unpaid Finance Charges from previous billing periods), (2) add any new transactions, debits, or fees,l3) subtract any paymems or credits credited as of that clay, and (4) make any appropriate adjusnnents. For each day after the first day of the billing period, we also add an amount of interest cyual to the previous days daily balance multiplied by the DPR for the balance. This gives us the daily balance Cur the particular balance fur that clay and the beginning balance for that balance for the next clot. If this balance is negaUVe, it is considered to he urn. Then, we add. up all the daily balances for each balance for the billing period and divide the total by the number of days in the billing period. This gives us the ;lverage Gaily Balance for that balance. lfyou multiply the Average Daily balance for each balance by the number of days in the hilling period and the DPR for that balance, the result will be the Finance Charge assessed on that, balance, except for variannns caused h} rounding. The total Finance Charge for the billing period is calculated be adding the Finance Charges assessed on all balances of the Account. "Chis method of calculating the Averagz Daih' Balance and Pinance Charge results in daily compounding of Finance Charges. W'e may use mathematical formulas which produce equivalent results to calculate the Ave-rage llady Balancr, Finance Charge, and related amounts. For example, we may utilise computer programs or other computational methods that are designed to produce mathematicaEly eyuivalent results while using fewer andlor simpler computational steps than are described in this Agreement. At our discretion, we may exclude certain categories of debit txansactimts or fees [rum the calculation of thz daily balances. Unless we decd to use a later date, we add a Charge to the daily balance as follows: Wr add a Cash advance ur Purchase to the appropriate Bail}' balance as of the date of reyuest or the transadioo dote on the billing statement. Afire add a com-enience check to the appropriate daily balance as of the date of first deposit. We add a Balance Transfer other than through a convenience check to the appropriate daily balance as of the date of the reyuest. 1Ye add periodic Finance Charges to the daily balance as dcscrihed above. W'c add any other Charge to the apprupriare daily balance as of the date of the transaction. Periodic Finance Charges m z added u> the outstanding balance at the end of the hilling period for which Finance Charges are calculated. In am'such billing period we will impose a minimum Finance Charge of 30.50, which will be added to the balance with the highest APR unless, for ovr convenience and in our sole discretion, we choose to add it to a balance with a lower APR. In our sole discretion, tee also rnav round any calculations made in determining the Finance Charges nn }'our Account in am'svay that is utm'enient to us. .Any such rounding may apply W ur cause variations in your nPF:s. ,ynnu.rl Prc•. "There is no annual fee fur this Aaount. late bees 'A'e ma}' asseu a Late Fee it a payment of at least the Minimum Amount Due is not credited to your Amount by the Payment Due Date. The amount of the Late Fee depends nn the amount of thz Precious Balance un the statement on which the Late I'ee appears, as follows Previous Balance --Late Pee less than 5400 3l9 u400orgrcater 333 t t tltr r }:~c r• t 1Ne may charge the'irllowing tees to your Account, subject to applicable law. Except as otherwise Doted these fees will be added tot the Purchase Balance. Dishonored Payments: We may charge a See of 333 whenever am' check, similar instrument, or electronic payment CD2~139_FDR899847_,g;.2.gxp:FDR8"_5199 9/26/07 6:05 PM Page order that we receive as payment on }'our Acuwm is not honored upon first presentment. If a Card is presented in connection with cashing a check at an American Express Travel Sen~ice Office or other authorized location and the check is not honored, w•e may drarge a fee of Sri. (YVe will also add a Charge ro the Cash Advance balance of your Acroum in the amount of the check that was not honored.) - Stop Payment Orders: We may chargz a fee of $29 each tune we receive a reyuest to stop payment tin a convenience check drawn on vour Account. +. Over-limit Fee: We may charge a fee of $35 m ea it hitting period the New Balance nn your statement exceeds vour ardit line. d. Cash Transaction Fee for Business Checks: \Ve may charge a lee fur cash checks of the greater o13 ti of the transaction or $;. This fee is a FINANCE CHARGE. For purposes of this Agnrment, a "cash check" is any American Express Business Check you make yayable to any of the following payees cash, yourself;your company, any Additional Cardmember and brokerage acaruntsi dealerslstockbrokerslim'esunent funds/investment aaomrts. >. Balance Transfer Fee: We mac asess a transaction fee Coe each Balance "Cransfer on your Account, as disclosed in the applicable Promotional Offer ur et the time of the transaction. Phis fee, if assessed, is a Finance Charge. (~. ATM Fee: We will impose a Cee each time a Card is used to obtain cash or any other services Gum an .A'f!vl.'C'his fee will he 3% nl the amount of the cash withdrawn or other services obtained (including any additional fee imposed fur use of the ATbt by its operator), with a minimum of $S. This fee will be added to the Cash Advance balance. '*ucper"rnn!:., ~cf{aiinu In nddilion [n an} othcractions we may take under this Agreement, we may suspend or cancel your Account or any lecture offered in connection with your Account, we may reduce your credit line or each advance limit (including to a level below your outstanding balance), we may convert the nu [standing halance or am portion [hereof due to a fixed payment plan (the terms of which will be cwumunicated to }'ou upon cmwersion and which will require payment of the outstanding balance in eyua] monthly installments, including linanie charges. over a period of, at our option, up to (>0 months, and permit you to pre-pay the outstanding balance without ,pre-payment premium fix a period of time to be specified in the terms to be communicated to soul, andJnr we may suspend ur cancel the authorization of any Additional Cardmember to make Charges to your Account, at our sole discretion at am timz, with or without cause, whether or not your Account is in default, and without giving notice, subject to applicable Inw. Any such action nn our parr will not cancel your obligation «r pay all Charges due on your Account under the terms nt this Agreement in etTect at the rime of such action or as subsequently amended, and you agree to par us all such Charges despite any such action. We may advise third parties who accept the Card that [he Card(s) issued ro you andlor Additional Caalnrembers have been canceled. ICwe cancel the Card or it expires, you may nu longer use it and you must destroy it orrcturn it to us ur; if wrreyuest to a third party. If you want to cancel the Account or any Additional Cards, you must notify us and destroy the Card(s). if we agree to reinstate your Account after a cancellation, the new Agreement we send you (or, if we do not send you a new Agreement, this Agreement as it may bz amended) will govern }'our reinstated Account When we reinstate your Account, we may reinstate any Additional Cards issued in connection with vour Account, and bill you the applicable annua} fee(s). ! ir~laulP We may consider your Acawnt to be in default at any time ifyou fail to pay us any amount whin it is due, or ifyou breath soy other promise ur obligation under this .Agreement. Subiect to applicable law, we may also consider your Account to be in default at any time if any statement made by you to us in armrrrtion with this Account or any other credit program was fal.,r. or misleading; ifyou breach any promise yr obligation under any other agreement that you may have with 'as nr with am• of our affiliates; if we rzceroe int2rrmation indicating that you are bankrupt, intend to fik bankruptcy, or are unable m pa} your debts as they become due; or we receive nrformation leading us to eondude that }°ou are otherwise nut creditworthy. In evaluating your creditworthiness, you agree that we may rely tin information contained iu consumer reports, and in our discretion we may consider the amount of debt you are carrying compared to your resourczs ur am other of your credit characteristics, regardless of vmar performance on this AcconnC 1Ve may also consider your Account in default in the event of vour death. In the event of your default, and subject to am• linutations or requirements of applicable law, we may require payment of a portion of your outstanding balance greater than the Minimum Amount Due, declare the entire amount ul vour obligations ro us immediateh due and payable, and/or.cuspznd or cancel your Account andlnr any feature that may he offered in connection with thz.4aount. You agree to pay all reasonable costs, inducting reasonable attorneys' fees, incurred by us (I) in connection with tlx collection of any ;unount due on vour Account, whether or nut am arbitration, litigation, or similar proceedings are initiated; and (2) ur reasonabh' pnrteaing ourselves from any loss, harm, ur risk relating to any default on your Account. Cransacaiuns Nadi in Forii~r t; urn•rrc?s If you in yr a Charge in a foreign currency, it will bz converted into L'.S. dollar on the date it is processed by us or our agents. Unless a particular rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. Currently, the conversion cote we use for a Charge in a foreign currency is no greater than (a) the highest official umversiun rate published h}' a govzrnment agency, or (h) the highest interbank conversion rate identified by us frmn customary banking sources, on the conversion date or the prior business day, in each instance }na~easect by 2p(,. This conversion rate may differ from rafts in etTect on thz date of your Charge Charges ionvcrted by establishments (such es airlines} will be billed al the rates such establishments use. BencJlt.c grad Srrr i:ec Subject to applicable law, we have the right to add, modify or delete any benetiL service, or Feature that mac aaompany vour Account at an}' time and without notice to you. drhitr:atiou Purpose: This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) map be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision, the tern[ "Claim' means any dainr, dispute or controversy hetween you and us arising from or relating to your Aaount, this Agreement, the Electronic Ponds Transfer Services Agreement, and any other related or prior agreement that you mac have had with us, or the relationships resulting from any of the above agreements ("Agreements"), except for the validit}~, enforceability or carpe of this Arbitration Provision or the Agreements. Fnr purposes of this Arhitration Provision, "you` and °us" also includes any corporate parent, or wholly ur majority owned subsidiaries, alfi[iatrs, any licensees, predecessors, successors, assigns, any purchaser of any accounts, alt 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 ever}' kind and nature, including but not limited to, initial claims, countuiaims, cross-claims and third-party claims and claims bued upon contrail, tort, fraud and otherintentional torts. statutes, rzgulations, common law and equity. °Claim"also includes claims by or against any third parh• usin~~ or providing are}' product, service or benefit in connzition with any aauunt (inducting, but not limited [o, credit bureaus, third parties who accept the Card, third parties who use, provide or participate in fee-based or Eree henefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and a0 of their agent;, employees, directors and representatives) if and only if, such third parh' is named as a co-part}' with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term `Claim'is to be given the broadzst possible meaning that will be enforced and indudzs, by way oFexample and without imitation, any claim, dispute ur controversy that arises from or relates to (a) any of the accounts created under an}' of the.4grezmems, or any balances on an}' such accounts, (h) advertisements promotions ororal or written statements related to any such accounts, goods or services financed under any of the accounts or the terms offinancing, (c) the benefits and services related to Cardmzmbership (indnding fez-based or free benefit programs. enrollment services and reward:; FDIi S99Rd- t, programs), and (d) your application fire any account. We shall not elect to use arbitration under the Arbitration Pnrvisiun fur any Claim that you properly file and pursue in a small tlaims court of your state or municipality so Tong as the Claim is individual and pending only in that court. Initiation of Arbitration Proceeding/Selection of Administrator: Am' Claim shall he resoh~ed, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which thr Claim is re[errcd in eflect at the time the Claim is filed (the `Code"), except to the extent the Code a>nflicts with this Agreement. Claims shall be referred to either the National Arhitration Forum ("NAF") or the American Arbitration Association ("AAA'), as selected by the party electing to use arbitration. ]f a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 daps after you receive notice of our election to select the other organization listed to serve as arbitration administrator For a copy of the procedures, to file a Claim or for other infonnatinn about these organizations, contact them as follows: • NAF at P.O. Bnx 50191, Minneapolis. MN S5d05; website: tvww.arbitration-forum.com. • AAA at 335 Madison Avenue, New York, NY 10017; website: svww.adr.org. Significance of Arbitration: iF:\RBCI'kA'}TON l5 CiTOSEN BY ANY PARTY Wl"CI I f21 SPEC1"1'0.4 CLAIM, NEI"fHER YOU NOR WE WIhI. HAVE THE: RIGHT"fO LITIGATE THAT Cf,A(M IN COURT OR HAVF, A JURY TRIAL. ON THAT CLAIM. FURTHER, YOU AND WE WH.h NOT HAKE THE RIGHT TO PARTIC:IPATF IN A RE}'RfSENTATIVE Ce1P•4CITY OR 1S A h1FbIBF,R OP AN]' CLASS OP CLAIMANTS PERTAINING TO AN]' CLAIAf SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW,'C11E ARBI'I'RAI'OR•S DECISION \VILL BE FINAL .4ND BINDING. NO'I'E'fHAT' OTHER RIGH'I'S'THA'f Y0U OR 6Vf. WOULD HAVF IF 1'OI: WENT T(} C(H;RT ALSO MA'S' NOT BF, A4'AII,ABI.F. IN AI2BI"I RATION. Restrictions on Arbitration: 1F FITHF.R PART]' ELECTS TO RESOLVE A CLAIM BY AI261TRATION, THAT CLAIDi SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AL'THORIT]' FOR .ANY' CLA,IMS'f0 BE ARBffRA'fED ON 9 CLASS AC'1']ON BASI$ OR ON BASES INVOLVING CLAIMS BROUGHT-1N A PU;•:POR'I'ED REI'RFSEN'CA'f1VP. C•4PACI'I'Y ON BEHAf.P OF THE GENERAL. PUBLIC, OTHER (:ARDMF.MBF.RS OR OTHER PERSONS SIb111.ARLY SITUA1'F,D. The arbitrators authority to resolve Claims is limited to Claims between you and us alone, and the arbitrators authority to make awards is limited to awards to you and us alone. Furthermore, claims brought b}' you against us, or by us against you, may not be joined or consot}dnted in arbitration with Claims brought by or against someone other thsn you, unless agreed to in writing by all parties. No arbitration aware) or drasion will have any preclusive effect as to issues or ,;aims in any dispute with anyone who is not a named party to the arbitration. Nohvithstandingony other provision in this Agreement (including but not limited to the "Continuation' provision below) and without waiving r'uher party's right m appeal such decision, should any portion <rf this "12estridions tin Arbitration provision he deemed invalid or unenforceable, then the entire Arbitration 1'rovisinn iother than this sentence) shall. not apply. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 LJ.S.C. Sections 1-16, as it pray be amended (dre "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under tine F'AA) this Arbitration Provision shall control if it is inconsistent with the applicable Code.1'he arbitrator shall apply applicable substantive law consistent with the F.4A and applicable statutes of limitations and ,hall ftonor claims of privilege recognized at law and, at the timely reyuest of either pduty, shall provide a brief written explanation of the basis for the decision. 'the arbitration proceeding shall not be governed by any Federal or state rules of ci~ril procedure or rules ofevidence. 1?iffier party may submit a reyuest to the arbitrator to expand the scope of discovery under the applicable Code- "I'he potty submitting such a reyuztit must prm'ide a copy to the other party, who may submit objectimrs to the arbitrator with a copy of the obieitions provided to rhz requesting parry. within fifteen (iS) ~} CD25139_FDR899847_p12.gxp:FDR815199 9/26/07 6:05 PM Page days of receiving the reyucsting party's holier. "Che granting or denial of such a rcyuest will be in the sole discretion of the arbitrator, who shall notify the parties of his(her decision within twenty (20) days of the objecting party`s suhmissinn. Che arbitrator shall take reasonable steps m preserve the pricaa' of individuals, and oEhusiness matters. lodgment upon the award rendered by the arbitrator may he entered in anv curt havingjurisdiction.Tlie arbitrator's decision will be final .end binding, except fur an}' right oEappeal provided by the FAA. Flowerer, arty party can appeal that award to a three- arbitratorpanel administered by the same arhitration organization, which shall consider anew any aspect of the initial award nbjeded to by the appealing party. The appealing part}' shall have thirty (3U) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed.'I'he arbitration organization will appoint athree-arbitrator panel that will conduct an arbitration pursuant u> its Cude and issue its decision within one hundred and twenty (120) days nfthe date of the appellant's written notice. The decision of the panel shall he by majority vote and shalt be final and binding. Location o(Arbitra[iunlPa}'ment of Fees-. Am arbitration hearing that you attend shall take place in the [ederal judicial district o(}'our residence. You w-ill be responsible for paying your share, if any, of the arbitration tees (including filing, administrative, hearing andlor other fees} provided by the Code, to the extent that such fees do not exceed the amount tit the filing Eees you would have incur ed if the Claim had been brought in the state or federal court closest to roar biIIing address that would have jm~isdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part o(yuur share of the arbitration tees fur any Claim you initiate as to which you ur we seek arbitration. You will not he assessed any arbitration fees in excess otyourshare i( you do not prevail in any arbitration with us. Continuation: Thts lrbitrati n Pro~tc' r ~ ~ v o iot.,hallsunt e ienninatiun of your accounts as well as volwttary } ayment of the Account balance m full by you, any hg tl proceeding by you oc us to collect n debt owed br the other, mry bankmytcy b}' you or us, and any sale by us of your Account 1 and in the case of sale, its terms shall apply to the huger of any nt }our Account). Except as otherwise provided in the "Restrictions on Arbitration" provision shore, if any portion of this Arbitration Provision (other than the "Restrictions on Arhitration" provision) is deemed Invalid or unenforceable, it shall not im•alidate the remaining portions of this ArbiLxtion Provision, the Agrcentent or any predecessor agreement you may have had with us, each of which shall be enforceable ,,*e~gardless of such imalidih'. °Y2~c;?. Our failure to exercise any of our rights under this Agreement, our delay in enforcing any o(our rights, or our waiver of our rights on any occasion, shall not constitute a waiverot"such rights on any other occasion. ( trot sconce: lSnsln~n~s Rcpur;~ ybn authorize us to request consumer andlor business repm-ts about you, to make whatever credit im-estigations we deem appropriate, to obtain and exchange any information we may receive frmn consumer or business reports and other sources, and to use such information for any purposes, subject to applicable law. Yiru authorize us to furnish inftamatiun concerning your Account to consumer reporting agencies, or others, subject to applicable law. If tort believe information we have fm'nished about your :ferment to a consumer reporting agency is inaccurate, you should write to us at American Express Credit Bureau Unit, pO. Box 7571, Ft. Lauderdale, Fl. 3>329-?871 and identify the specific information you believe is inaaurate. You arc hereby notified that information about your Accoum that ma} have a negative impact on your credit record may be submitted to a credit reporting agency it vnu fail to ulfill the terms oI}xwr credit nbligationc. .. .~ i;a Yuu agree that from time to time we may monitor and/or record telephone calls betwaen vnu orAdditional Cardmembers and us to assure the yuality of our aismmrr sen~ice or as rryuired by applicahle law. (. sc rtff ttr}al ll~ucE "r t„trcrurncnt lyua:ir^ American Express has entered into contracts that enable the Card to be aaepted at certain federal government agencies and departments (':4gencies"). As with Card transactions at commercial establishments, whin you chowe to useyo¢r Card at an Agency, certain Choige infui oration is necessarily collected by us. Charge information from Card transactions at .Agencies may be used for processing Charges and payrnentc, hilling and collections activities and may be aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by .Agencies are published periodically in the Federal Register. hrnur:ut ce !'rod a crc Anti c e We identify insurance providers and pmd~ucts that may be of interest to you. In this role we may act on behalf of the insurance provider, as permitted by law. We receive compensation from insurance providers that may vary by prouder and product. Also, we may receive additional compensation or financial benefit when :1.'vIEX r\ssumnce Compan}' or another American Express rntih• acts as flit insurer or reinsunr for these products. The arrangements we have with providers, including the potential to insure or reinsure products, roar also in(lucnce what products and providers we identite hurler. .Any notice given by us shall be deemed given when deposited in the U.S. mail, postage prepaid, addressed to you at the latest Billing Address shown on our records. Changmi,ta• ~:. en~inCAs.,i;;nnrcu[of t(i~Agrrcn,cu! We may change the terms of or add new terms to this Agreement at any time, in accordance with applicahle law. \Ye may apply anv changed or new terms to any then-existing balances on your Account as well as to furore balances. This written Agreement is a final expression of the agreement brhveen the creditor and the debtor and the written .Agreement may nut be contradicted by evidence oEany' alleged oral a reemrnt. We ma alu s 1 >.el recto ferorassi nthis g y g Agreement and the Account at an} time without nofice to you. You ma}'not sell, asngn or transfer y- wr Account or an} of your obligations under this Agreement. .--Yssiymnrnt .:f t.7~u:r~ In the event you dispute a Charge and we credit your Account tier all or part of such disputed Charge, we automatically succeed to, and you are automatically deemed to assign and transfer to us, am' rights and claim., (excluding tort claims) that you have, had or map have against any third party for an amount equal m the amount we credited royour Amount. Afro we make such a~edit, you agree that without our consent you will nut pursue any claim against or reimbursement from suds third party for the amount that we credited to your Account, and that you will cooperate with us it wr deddc mpursue the third party f<?r the aut~ount credilr•d. Applkaldsc I arc This Agreement and your Account, and all yoestions about their legality, enforceability and interpretation, are governed by the laws of the State of L`tah (without regard tc internal principles of cmtflicts of law), and by applicable federal law. 1tie are located in Utalr, hold roar Account in Utal~~, and entered into this.4grecment with you ht Utah. AMERICAN EXPRESS BANK, FSB Io A[nerre:m P x;xr',. i arirrie?n hers Ls I hr united S4.ues. ,And It,c lerri(ones Billing disputes procedure - Keep'1'his Notice Por Future Use This notice contains important information about our billing dispute procedures. Notify Us in Case of Errors or Questions About Your Card Account Statement If you think your statement is wrong or if you need more information about a transaction on yourstatetnent, svelte us on a separate sheet of paper at the address fur hilling inquiries listed nn your statement. Write to as as .coon as possible. We must hear from you nn later than 60 days after we sent you the first statement on which the error nrproblem appeared Ynu can also telephone us, but doing so will not preserve your rights under this prosdur. FDR 599R~F' i ht your leper, give us ttte Inllowing information: • Yuur name and acamm number. • The dollar amount o(thr su.epccted error. • Cescribe the error and explain, if you can, wh}' you helieve there is an erro=. If you need more information, describe the item you are not sure about. If you have authorized us to pavvour accomrt statement aunnnatically froth yow savings, checking oc other account, you can stop the payment on any amount you think is wrong. "Co stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Procedure After we Receive your Written Notice We will acknowledge your letter within thirty (30) days, unless we hate corrected the error by then. Within ninety (9U) days, we will either correct the error or explain why we believe the statement was correct. After we receive your letter we will try to collect any amount you question or report you as delinquent We can continue to bill you for the ameruni you yurstion, including Finance Charges.lOu do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you wilt nut have to pay anv Finanoa Charges related to any yue:;tioncd amount. if we did not make a mistake, you may have. to pay Finance Charges, anc( you will have to make uy any missed payments nn the yuestioned amounts. in either case, we will send you a statement of the amount you owe and dte date that it is due. If you fail to pay the amount that we think }'ou owe, we may report you as delinquent However, it our explanation does not satisfy you and you write to us within ten (IU) days telling us that you dill refuse to pay, we must tell anvcrne we report you to that you have a question about your statement, and we will tell you the name of anyone we reported you to. We will tell anyone we report you to that the matter has been settled hehveen us when it finally i.c. ]f sve do not follow these rules, we will not collect the first w~0 of the questioned amount, even if your statement was entree[. Special Rule for Credit Card Purchases tf you have a problem with the quality of property or servues that you purchased with the Card, and you have toed in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the property or services. There are nvo limitations to this. (a) I'ou must have made the purchase in your home state ur, if not within your home state, within 100 miles of your current mailing address; and (b)'Che purhase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or ifwe mailed you the advertisement tin the property or services. 1Yote for Ohio Residents: The Ohicr laws agairzst disuimination require thatall creditors make credit equalh~ available to all creditworthy customers, and that credit reporting agencies maintain separate cmdit histories rat each individual upon reyuest. "Che Ohio Civil Rights Commission administers compliance with this law. Once you enroll in Pay By Computer, Pay Ry Phone or any other American Express Electronic Funds Transfer service (hereafter the "Program"), you will be subject to this Electronic Funds Transfer Agreement (the "EFT Agreement"). Se ope of Agreemem This P.FT Agreement avers your partidpation in the Program. In this F.FT Agreement, the words "you" and "your" refer to the Basic Cardmenther and also include all Additional Cardmembers who have enrolled in the Program.l'he words "we; °our"and "u' refer to American Express Travel Related Sen'ices Company, loc. The words "your American Express Acwuuts" refer to your card acuxuu governed by your Ca rdmemher Agreement ("Gard Account") or any other Amerka^ Express Acamnts that we permit you to enroll in the CD`15139_FDR859647_pl"1.gxp:FDR815199 9/26/07 6:05 PM Page Yrogram.'I'he words "vour Bank Account" refer to the aeawm held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words "your hank" mean the bank, securities firm or other financial institution that holds }-our Bank Aaount. The words "other options' refer m electronic pavment transfer options and/or other cash access that American Psprrss may make available from time to time, including the opltun to pay your Account bill electronically using a computer, phone or other device. Your Aanmtt is governed by the Cardmember Agreement that Is attached to this EF7 Agreement. That agreement and the capitalized terms in it also apply here. PATint'Y'at tnC( ~: ({"a Fl~J~,.i tl3i_C Each [irate you initiate a transaction under the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing hottsc ("ACIi") debit in your name on your bank Account, payable U> us or to our agent, i^ the amount of the transaction. The amount nl the transaction is the amount of the Account bill }'ou paid or other funds transfer you authorized, plus any applicable tens or charges. 1Ke may charge a Eee of 338 for each check or ACH debit drawn by us or our agent iu connection with the Program that is not honored upon first presentment, subject to applicable law. Your bank may also assns its customary charge for such itetns, if any_ ilishonorcd Rc;{.re.ts tc~r Fat ~r<en,= If any sheik or ACH debit drawn by us or our agent in connection with the Program is not honored by vour bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred to above, to the Card Accomrt orto collect themnomttfrom you- If (his happens, we may cancel vour right to purUCipate in the Prugram_ For certain Bank Aci noels, you may have a separate agreement with us nr with a pm ticipating honk, securities rirm, or other financial institution that allows a line of credit tv be accessed in the event that your Bamk 9aount contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating to that line of credit Cor the terms and conditions that govern its use. ,t ~rhi€iri fort r.raathuriz _.e r_. aa+.=.Sets=sahliitzw ='rtmtpt Rrpur;,eg You must tell us AT ONCF, if you believe a transaction under the Program has been made without }'our authorization. Telephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two days after }'ou learn about it you uotifv us that the transaction was unauthorized, wr will not hold you Liable for that transaction. In any event, even if you fail m notify us your liability for any nnauthodzrd transaction or series of related unauthorized I ransadions shall not exceed 350. if rou believe [hat someone has transferred nr may transfer money from vour Rank Account withom yermission, calla-800-5?8-4800 (within U.S.I or 1-336-393-1 I7 1 (outside U.S.) anytime, ire write::\merican Express Credit I)eparnnent. P0. Bos53830, Phoenix. Arizona 8~I}72-3830. t t!ir f,isirilit, 3: ~ i-, en+xturr--. r. i ~. If a transaefiun is not completed as you have directed or if we do not iomplere a tmnskr to or from vour Bank Account nn time in the correct amount, we will research and correct it as necessary, once you advise us. We will also reimburse you for your actual losses or damages, if anc, mused b} our error. However, there arc some exceptions. We will not be liable to you in the following instances: • if, through m? Fault of ours, ynurBank Account does not yr did not contain enough money to complete the to nsattion or the transfer would exceed an established credit limit, " iCthe funds in your Aank Account are or were at the time of the attunpted transaction subject to legal process or other encumbrance restricting the transaction; if circumstances beyond our canrol (such as fire or [food) prevent ar prevented the tranvaction, despite reasonable precautions that wr have taken; " if a technical maltuncfion known to you prevented the transaction; or any other exceptions stated in this F.FT Agreement. tl,1+1;11'+:~ ;3<lb For purposes of this F f'f Agreement, our busiurss days arc Monday through Friday. Holidays are not induded_ -(rbi!;a9iou The Card Account is governed b}' the Canlmember Agreement contained herein. The Arbitration provision contained within that agreement applies to this EF'T Agreement. Please refer to that provision as you read this FF! Agreement. Prir;t~r Elearoalc funds transfers you iniUatc pursuant to this EF'f Agreement are covered he the American Express Privacy Policy, a copy of which was given to you together +vith your American F,xpress Card. To view our Privacy Policy online, please visit americanexpress.com. t{(1N lU l nnt:t Ct t,a If for any reason rou wish to contact us about the Yrogrxnt, about your participation in the Program, or about transactions relating to the Program, write or call us as follows: Address .4merican Express Travel Related Services Company, toe, Electronic Funds Services, P0. Box 29781 S, Ft. Lauderdale, Fl. 33329-7815 or a-mail us by clicking on the Customer Service link online at ww.americanexpresacom. Telephone: 1-SOO~CASH-VOW, 24 hours a day, seven days a week. In Carr e+f tirn>rs or Qur.tine. 3haut lour Transaction. Write or call us at the number or address given above as soon as you can it you think your statement or receipt is wmong or if you need more information about a transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent you the F1RST statement on which the problem or error appeared. If you arc delayed in contacting us due to extenuating circumstances (such as a hospita(sta}), we may estcnd this 6U days tin a reasonable time. d. Tell us your name and Account number. 2. Describe [he error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 7 Tell us the dollar amount of the suspected error. If you tell us orally, w'e may require that you send us your complaint or question in writing within 10 business days` from the date you notified us. We wiR tell you the results tit" our invrstigatiuu within lU business days" after we hear from you and we will correct any error promptly. If we razed more time, however, we may take up ro d5 calendar days to investigate your complaint or question. If we decide to do this we will assure that your bank tea edits vour Bank Account within IU business days' for 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. Uwe ask you to put your,omplsint or question in writing and we do not receive it within IO business d'ays' following your oral notification, we may not recredit your Bank Atcouot. If notification of an error is recen~ed within 3U calendar da}'s after your Bank Account is opened, we will have 2(i business days to provide you with the results of our irn~estigation and correct any error, and 90 days kt complete [he investigation. If we determine that there was no error, +ve will send yeti a written explanation within three business days after the finish our investigation Upon tour reyuest we will provide you with copies of the documents that we used in our investigation. If we have provisionally recredited your Bank Account during the investigatior, and determine that there was no error, we will notify you of the date on which we will redebit your Rank Account, and the amount to be debited. You s}'iould make certain that vour Rank Aaount contains sufficient foods to cover this debit. Il it does not, we have the right to charge such amount to the Account or to collect the amount Irom you. If this happens, we may cancel your right to participate in the Program. Tern. aaercrr~ \Ne, or any bank or financial institution participattitg iu the Program, may add to or remove from the Program any or all A'CD1s or extend or limit the services provided at any location without notifying you brforehand_!n addition., we may dLscontinue the Program at any time. Your right to participate in the Program will be terminated or suspended if the Card Account is canceled er suspended, if you cancel the authorization you have given your bank to directly charge checks to your Bank Aaount, if the Rank Account from which payment will be made when you make transactions under the Program is dosed to withdrawal transactions by us ur our agents, iCyour participation in the FDR 899847 Program is inactive ti?r 18 cansecuti+c months or more, or if the Card Aaount is no longer in good standing. In addition to the foregoing, +ve may revoke your right to participate in the Program, at any time, at our sole discretion, with or without iause, subject Io applicable law. If we do gtr, we will send yon written notice, but we may nut send you the notice until after the revocation. 4Ve also have the right to deny authorization for any requested transaction, at any time, at our sole discretion, with or without cause, and without giving you notice, subject to applicable law. You may terminate your participation in the Program but you must do so by writing to us at the address disclosed in the Section of this EFT .Agreement entitled How to Cvntad Us. Prier .4areerm cots and As+ier me Er€, This EFT Agreement supersedes all prior agreements you roar have with us elating to the Program. K'e have the right to assign this EFT Agreement to a subsidiary ur affiliate company at any time. AMERICAN EXPRESS TRAVEL RELATED SERVICES COiNPANY, INC. Vote for Rlassachuaetts ResiCt~ants General Disclosure StatemenL• Any documentation pru•eidrd to you which indicates that an electronic Eunds transfer was made shall he admissible as evidence of such transfer and shall constitute prima fade proof that such transfer .vas made. The initiation b}' you of certain electrronii funds transfers frorn pour Bank Account will, except as otherwise provided in this EFT Agreement, etiectively eliminatr your ability to stop pas meet of the transfer. UNLESS O'I'FIERWISE PROVIDED IN TfIIS EH f .4GREEMENI', YOU MAY NO7' STOP P.4YMEN1' OF F.1.ECTRONIC FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY F.LF,CTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU \4r1LL N0T NEED"f0 STOP PAYMENT. Disclosure of Account Information to Third Parties: if you give us your written authorization to disclose information about you, your Account or the transactions that you rnake n? any person, that authorization; hall automatically expire q5 days after we receive it. Optional limit on Obtaiging Cash: You have the option to request that we limit the totpl amount of cash that you may obtain from ATMs in a single $ay to 550. [f von elect this option we will take all reasonable steps to comply with your request. "For Massachuse~tsrrsidrnts ltiralrrrimdaysinstcadoJ hus'iness dnys_ -I CD25139_FDR899847_p12.gxp:FDR815199 9/26/07 6:05 PM Page Description of Coverage !#e~.r the li;n rrs 4r,rxance Plan lGOrks ~4hrn a Cardmetber charges the entire cast of a covered product with his nr her Card Aciounl,' the Buyers Assurance Plan will extend the terms of the original manufacturers warnnte~ for a period of time eyual to the duration of the original manufacturer's warranty, up to one additional year, on warranties of fine years or Tess that are eligible in the li S. liar.-Yacr itc=.rclis • The Buyer s Assurance Plan mirrors manufacturers' warranties tier covered products purchased entirely with your Card Account, up to one additional year. • 11'hen your covered product's manutacmrers warranty expires, the Buyer's Assurance Ptan takes effect. The Buyer's Assurance Plan cannot pay more than the actual amount charged to }'our Card for the item or 510,000; whichever is less (not to exceed SSQ000 per Cardmember Account per polity year for all Occurrences combined). - Coverage is provided for any product malfunction, defect or damage covered by the terms of the product's original warranty I-`Occurrence') - at no extra cost. . For items charged entirely with the Card, the program administrator will decide whether to hate the item repaired or replaced, or to reimburse you (cash or credit'), not to exceed the original purchase price. The Buyer s Assurance Plan does not reimburse tilt shipping and handling expenses or installation, assembly professional advice, maintenance or nthrrservice iharges.' . 1s'here the personal property consrsts o(artides in a pair or set, this Policy shall be liable for one item in the pair or set which form the basis of claim hereunder. No product registration or enrollment is required for any covered products, inducting gifts purhased Eor others. V<bn i;t nit a_ You are covered under this Plan and coverage remains effective as long'as yon are a U.S. Resident Cardmember, that s, the American Eixpress Card has been issued to you in your ^ame, and you maintain your Permanent Residence within the ii0 Unia:d States of America, the District of Columbia, Puerto Rico or the U. S. Virgin Islands.' Your Permanent Residence is considered tour primary dwelling place. tt,, I. rnro I, iv ,.s, • Benefits writ not he paid if, om the date of Occurrence, tin the date of claim filing, or on the date ofwould-be claim paymem, any amount due on your Card Account is m?paid fa tine or more billing cycle(s) oc tour Card Account is canceled' • You must pnriide proof of purchase and satisfactory proof of the covered (hcurrencr while cmerage is in effect to qualify for benefits under the Buyers Assurance Plan. Remember to keep al(your .American Express charge receipts, original store receipts, original menufacmcers' warranties, and products requiring repair. . if you purchase an addi6ona[ service cmitmc[ or extended warranty with a product which is otherwise eligible under the Borer's Assurance Plan, and the annhined coverage provided by both the original manufacturer's warranty and the purchased service contract does nut exceed five years, then the product is eligible for coverage under the Ruyer's Assurance Plan. Thr Buyer: Assurance Plan will extend the warranty time period and mirror coverage of the original mnnufactursi warrant}' up to one additional year after both the original manufacturers warranty and the purchased stn•ice contract have expired. If, however, you purchase an American Express` Service Plan with a purhase rrom American Express Merchandise Services, the Buyers Assurance Plan will apply betbre the service plan is in effect. If the combined coverage of the original manufacturers warranty and the purchased sen~ice contract exceeds five years then the product purchased is net eligibl_~ under the Buyer's .Assurance Plan and no an er,+ge applies. FDR 8998x? • If you buy an additional service contract or an extended warranty for a armpuier, computer component or part that already comes with an original U. S, manufacturer's warranty, ^nlrss such coverage is provided from, and administered bv, the original manufacturer, un•rrige under the Buyer's Assurance Plan does not apply. Product, ~2nt t nr<ras; » products not having manufacturers' warranties valid in the U.S.; • sl the time of purchase, used, rebuilt, refurbished ur remanufactured items; • products cos'ered b} an unconditional satisfaction guarantee; . motorized vehicles (such as cars, trucks, motorcycles, boats, airplanes) and their parts, subject to high risk, combustible wear and tear, or mileage stipulations (including baltenes, carburetors, pipes, hoses, pistons. brakes, tires, or ma(ilers); . motor ized devices and their parts used for agriculture, landscaping, demolition or construction; . motorized devices and their parts which are permanent additions or fixtures to a residential or commercial building; . business fixtures, including, but not Iinritrd to, air conditioners, refrigerators, heaters; • land or buildings; • consumable or perishable items; • animals or living plants; > one-of-a-kind products which cannot be replaced; • item_c purchased for resale, professional, or commercial use; • items still under installment billing (except those purchased from American tixpress 1~[crchandise Services); and • products with manufacturers' warranties, or combined manufacturers' warranties and service plan agreements, fasting in excess nt five years. Oxarrrc ncre fiat t ar rercd . any physical damage, indudiug damage as a direct result of natural disaster or a power surge, except to the extent the manufacturers xarranty covers damage; • 0¢urrences caused by any of the lirllmving: fraud; abuse; war or hostilities' of any kind (e.g., irnosurn, rebelbon, insurrection); confiscation by order of am• government, public authority, or customs otticial; risks of contraband; illegal activity or acts; radioactive contamination; mechanical failure covered under a product recall: all Occurrences that take place outside the Buyer's Assurance Ylan coverage effective period. Hot. to Filr a Clain Remember, you need to report any OccmTence immediately, including that for gifts purchased with the Card. Remember also, you need to retain your receipts, the original manufacturer's warranty and the product requiring repair until the claim process is complete. You may also be asked a, obtain a repay estimate t. Call toll-free I-8M)-22 5-3 750 10 notih~ us of your claim (overseas, call collect al 1-303-2?3~6498)- Notec }bu roust report your dainr x•ithin 30 days (torn the date of Ocru-rence 7, The program administrator will decide whether to have the item repaired or replaced, or to reimburse you Gash or credit'), up to the amount charged to the Card, and not to exceed the original purchase price. Thr Buyer's Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, or other service charges " Note: No payment will be rnnde (rr invalid dolma or claims not substantiated in the mwmer required by the lrrsurer, 3. Y"ou must return all reyuested documentation within 6t1 days from the date of Occurrence to remain ebgible for coverage. -t. Fnr some claims, you maybe required to send in the damaged product, at your expense for further evaluation of your Bairn. Note: if requested, you nnrst send in the damaged product within 30 drtri (torn the dote o(reyuest to mnrrtin elrgihle (rr coverage. -tdciiricur:d futirr r }'cu The benefits provided under the Buyer's Assurance Plan apply only to you and additional C~ardmembers on your Account. Only you and those persons have any legal or eyuitable right, remedy, or claim to insurance proceeds and(or damages under or arising from the Buyer's Assurance Plan. Subject to the terms and conditions of the Plan, if the Cardmember is notified that am warranty has ended for any reason (such as bankruptcy of the manufacturer or other responsible party), the Buyer's Assurance Plan will continue to provide coverage not to exceed one year from the date the Cardmember is notified oEsueh an event. The Cardmember may he asked to provide proof in the form of a public announcement or other official documentation. The Buyer's Assurance Plan is underwritten h}' AMER ,Assurance Company ("Ltsurec"}, Administrative Office, Green Bay. Wisconsin. 'This donunentserves only as a description of coverage and is not a policy or aartrad of insurance; the actual terms, conditions and exclusions of Policy AX0953 ("Policy") govern the Buyer's Assurance Plan. The Policy has been issued to A.meriian F,xpress Travel KeVated Services Company, Int.. {"American Express'), the Pohryhulder. This document replaces all existing prior Descriptions of Coverage for the Buyer's Assurance Plan. Ke~nnrth (. Ciak, President Timothy Meehan, Sea'etary AMEX Assurance Compam~ AMEX Assurance Company 6717-I1-Ot 1 Fnr those eligible and cnra7ed in the Membership Rewarda program, the entire cost u/ a covered product may nlso he purdrased through redemption ofa Membership Rewwds- prugrum rzderrrptinn avii~urte 2 Credit reimbursement duet not npp! r to New }'ork Stale residents. 3. For those eligible an_d errra7ed in rlre Membership Rewards pragrant, payment or credit wilt nor exceed the original assigned vahae of the personal property received through redemption of a :Membership Rewards program redemption certificate up to the stared limits, excluding shipping and handling expenses. 4- Irnporlant note fire those enrolled in the Membership Rewards program: A Membership Rewards program redemption rerti(icate cwt only be redeemed by eligible Cwdrneniber;. Benefits rill not he paid r+-hen a Membership Rewards program redemption cert Jirare has been brursferred to nnu eligible Cardmembers and/nr nun-Cardrnemhers. S. Does trot apply to New }"nrk State residents. r r Rrs;rip ti on of ( ov~rra;>r Underwritten b}' AMEX Assurance Company, Administrative Office, 480 Milgrim Way, Green Bay, Wisconsin purchase Protection provide, coverage for Your purchases for ninety (90) days tram the date of purchase when You charge any portion of the price of the purchased item to Your Acaxmt. Y'ou will he reimbursed only fm-the amount charged to Your Aaomit. (See Description of Benefits section.) (rafi E, iYions Certain words used in this Ursa ipGon of Coverage are capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plural, the plural shall include the singula , as the context requires. Account means Your American Express Card Account. Cardmember means a person who has been issued a L`nited States of Anterice based proprietary American Express Card, which is Current and in Good Standing, and who has a Percnanenl Residence in the A) United Stales of America, clue llist riot of Columbia, Puerto Rico ur the U.S Virgin Islands. Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift cr for personal or business use and charged to Your Account. C~mpanymeans AMEX Assurance Company, and its duly authorized agents. Current and in Good Standing means a Cardmember AccouW for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. ?Master Policyholder means \meri,:an Express Travel Related Services Company, Inc. CD25139_FDR89~i847_p12.gxp:FDR815199 9/26/07 6:05 PM Page Permanent Residence means the one primary dwelling place where the Cardmember resides and W which the}' intend to return. Plan means the Police and the benefits described therein. Platinum Cardmember means a Cardmember who has a Platinum Charge Card (required to he paid in fill monthly), a Corporate Platinum Card, ur a Fidelity Nnerican Express Platinum Card. Anv other Card which may reference the Platinum namrur has Platinum colored plastic wilt not receive higher cm~erage limits ur benefits. Policy means the Group Insurance Jiaster Policy (.4X0951 issued to Ameriam F.xpres.c'I'ravel Related Sen~ices Company, Inc). We, Us, Our means the Conapany. You, Your means the Cardmember. ftr~i ription at Pcnrfk, 41'e will pay You the rxpeuse charged to Your Account up to 51,000 (or any one Covered Incident and up to 550,(N)0 Cor all Covered Incidents during a calendar yeas Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered lncidrnt oaurs with respect to property 5'ou purchased and charged to four Account. Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance ur other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the pmpem_ Ourpayment of ma}-eligible benefit amount is further contingent upon Sbur :lccoum being Current and in Gnod Standing. Only a Cardmember hrs a legal and equitable right to any insurance benefit that mar br available under this Plau. I-s ~?nsiun~ Benefits are oat payable if the lass 6.r which coverage is Bought was directly or indirectly, a=hullp ur partially, ~ontribmed to nr caused by war or any ad of cane whither declared or undedarrd; 2 any adirn• directly related to and oaurring while in the service of any armed military force of any nation state recognized by the United Nations; >. parGdpauon in a not, civil disturbance, protestor inwrrection: i ~ iolanon of a cruninal }aw, offense or infraction; >. natural disasters, inchrding, but tint limited to, hurricanes, fronds, tornados, earthquakes or any other event in the course of nature, that a.curs at the same time or in separate msmncec; +. fraud or abuse or illegal activih• of am kind by the (:ardmcmber; cunfuca:iun by any governmental authority, public au[hority, ar customs oftiual; &. negligent (ailurr of a duty to care by am' third part}' in .vhose possession the properh"purchased by a Cardmember has been temporarily placed: %. not being reasonably safeguarded b}' You; 1P. chaff from baggage not carried by hand and under Your personal superci;ion or under the supen~ision of a traveling companion kuowu by Yuu; (i, damage through alteration (including, but not limited lo, Tutting, sawing and shaping); I _. normal wear and tear; inherent product defeat nr mauufachmer's defects or normal course of play; € >_ damage or theft while under thz care and canrol of a common carrier; i-t. food spoilage; t ~. leaving property at an unoccupied construction site; or t 6. items stolen Gum motor vehicles. For resident+ of 14'ashingtun, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by any of the excluded events described below. boss will he considered to have been caused by an excluded event if the occurrences of that event directly and solely results in Iuss, or initiates a sequence of events that result in loss, regardless of the ^aiure ofany intermediate or final rventin thatseyucnce_ 'the fallowing purchases a re not covered: .. trayrlus checks, bd<ets of one kind, negotiable instruments (including, but not limited m, gift certificates, gift Bards and gift checks), cash ur its equivalent; - nnimels or living plants; ran stirrrps or coins; ~I. umsumable or perishable items with limited lile spans (including, but not limited to, perfume, Tight bulbs, batteries); ~. antique or previously owned items; h. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, equipment, parts or accessories; and stolen ox damaged property consisting of articles in a pair or sM. Coverage will be limited to no more than the value of any particular part or parts, unless the articles an wmsable individually and cannot be replaced individually, regardless of an}'special value they roa}' have had as part of a set or collection. Claims Pra+kkms If You experience a loss for which You believe a benefit is payable under this Plan, You must provide both Notice of Claim and Proof of Loss. `l'o insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain 5'our receipts and Your damaged property (if applicable) until the claim process is complete. Notice of Claim :quote of Claim should br provided to Lis within thirty (30) days of the loss. You may contact Us by calling toll-tree stateside 1-800-322- ]'_77 or, d Irum overseas, by calling culled 1-303-273-649R. Ynu may also write to Us at Purchase Protection, PO Box 402, Golden, CO 80402-(WOZ. Failure to provide Notice of Claim within thirty (30) days will nut invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time 5'ou provide Us with Notice of Claim, 4Ve will assist You with Your Proof of Loss by providing Y'ou with iustructiuns and/or documents, which You may have to complete and return to Us. You are reyuired ro cooperate with Us and provide dontmentation as requested by Us which is reyuired and necessary to process Your claim and determine if benefits are payable. Fur residents of bIissow i, no claim will be denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us. Proof of Loss Proof of L.uss requires Ynu to send Us all the information Wr request, at Your expense, in order that Your claim maybe evaluated and that We may make a drtennination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within thirty (30) days (for residents of North Dakota sixty (60) days) after Wr have. provided You with instructions andlor a claim [orm in respnnsr to Your Notice of Claim or Ynur claim maY be denied. Your Proof of Lose documentation may he mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information Vde deem necessary to determine that four claim is payable, and We will not consider that We have received complete Proof of Loss rmtil the information We have requested is recrired. Drool of Loss may require docwnenration nmsisung of, but not necessarily limited to, the Eoltowing: i. a Purchase Protection Claim Form; '. the original itemized store receipt, i. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner s or renter's insurance); -i. a photograph of andlor repair estimate for the damaged properh'; and 5. for theft and vandalism claims, a report regarding the xurlen or vandalized property must he filed with the appropriate authority before You call to file a claim render Purchase Protection. No payment will be made on claims not substantiated in the manner required by Us. If all reyuired documentation is not received within thirty (30) days (tor residents of North Dakota sixty (60} days) of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Ynur control). coverage may be denied. it is 5"our responsibility to provide all required documentation We reyuesl. You may be required to send in the damaged property at Your expense for further evaluation of 5'our claim. It requested. You must crud in the damaged properh' within FDR R99R4% thine (30) days (fur residems oCNarth Dakota slay (60) days) lawn the date of Our reyuesl h. remain eligible lur coverage. Payment of Claim A claim for benefits prodded by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determinaC:on that a claim is payable acourding to the terms of the Plan. Any payment made by Us in gaud faith pursuant to this or any other provision of this Ptan will fully discharge Us to the extent of such payment. If other insurance is availghle to }ou which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We Vvill pay only that portion of the Covered Incident benefit whicth is not reimbursed by other insurance up to Our limits, asprovided under the Urscriptiou of F~enefits section. general Pros'ision. Change of Permanent Residence If the change is to a differmrt state. 5'our Polity provisions may be adjusted to conform to the re yuirements of that state. Clerical Error A clerical error made by the Compam~ will not invalidate insurance otherwise validlyin farce nnramtinoe insurance not validly in force. Conformity with State and Federal Law If a Plan provision does not confunn to applicable provisions of State or Federal law, the Plan is hereby amended to u>mplp with such law_ Entire Contract; Representation; Change This Description o(G>ver~ge, the Policy and any applications, endorsements nn riders make up the entire contract. Any statement 5'ou drake is a representation and nut a w;arranh'. This Description 0f Coverage may be changed at any time by written agrremrnl between the h'laster Policyholder and the Compan~. Only the Yn•sident, Vice- President or Secretary ul AMIiX Assurance Cumyany may change or waive the provisinng of the Description of Coverage, No agent nr other person maykhangr the Description of Coverage or waive any of its terms- "this Description of Coverage may be changed at artty time by providing notice to You..A copy of the Policy will bemaintained -and kept by the iY1as~,ter Policyholder and may hr examined at any time. Excess Coverage If am' loss under this Polid~ is insured under any other valid and collectible pobcy, th¢n this Policy shall cover such loss, subject to its exclusions, Conditions, provisions and other terms herein, only to the extent that the amount of such loss is in access of the amount of such other insurance which is payable or paid. Fraud If amp reyuesl for benefits mtade under the Plan is determined to be fraudu(en6 yr it am" fraudulent means or devices are used by You or by anyone acting nn Your behah to obtain benefits, all benefits wilt be forttited_ 'iN'e do not provide coverage to a Cardmember who, whrdaer before or after a loss, has: I .concealed or misrepresemed any fact upon fHhieh we rely, if the concealment ur misrepresentation is matrrialand is made with the intent to deceive; or '_. u>rdeealed or misrepresented an}~ fact if the fact misrepresented o:mirihutes to the Iuss. Legal Actions 1Vo legal action may he hn>pght to recover against this Plan until suty (6U) days after Proo~of Loss has been received by Us. No such action may be brought otter three (3) years (for residents of Arkansas five (5) }{c ors and residents of Missouri ten l l0}pears) frmn the time rariuen Proof u(Luss is reyuired to be given. If a time limit of this Plan is less than allowed by the laws of the state where You lice, the liritit is extended to meet the minimum time allowed beard; la+v. Right of Recovery If We make a payment ut You under this Plan and You rea>ver an amount from anothFr, equal to or less than Our payment, You shall hold in troy; fur Ns the proceeds of the recovery and reimburse Us hr trite extent of Our pa}'rnent. If Ow~ payments exceed the maximum amount payable under the benefits of this Plan, We have tlir right to recover Gom You any amount exceeding the maximrlm ~amnunt payable. CD2`1139_FDR899847_p'_~.gxp:FDR818199 <9%26/07 6:05 PM Page Subrogation [n the event ul any pay mem under this Polio', )Vr shall be subrogated to the extent of such payment to ali Your rights of recovery. You shall axe v1e all papers required and shall do eceryKhing necessary m secure and preserve such rights, including the execution of wch document necessary to enable Us to effectively bring suit or mherwise pursue subrogation rights in Sour name. You shall do nothing m prejudicz such subrogation rights. We shall be entitled m ~ recocerv as stated in these provisions only after Ybu have been fully compensated for damages by another parts. For residents of Louisiana, the Right of Recovery, Subrogation and Excess Coverage sections are revised to reflex If the Company makes any payment under this Policy and the Cardmember has the right to recover datnagzs from another, the Company shall be subrogated to that right. liowevet; the Company right to recover is subordinate to the Cardmember's right to he fully armpensated. Termination or Cancellation Coverage will cease nn the earliest of the following: I. the date You no longer maintain a Fermanent Residence in the 50 United States of America, the District of Colwnbia, Puerto Rico or the U.S. Virgin Islands: 1. the date 1A'e determine that Sou or someone on Your behalf intentionally misrepresented or fraud occuaed; 3. the date the Pohcy fs cancelled; 4. the date You are no longer a Cardmember, . the date Ynur Account ceases to remain Current and in Good Standing; or 5. the date the Plan is not availahle in the locating where Yoo maintain a Pennanznt Residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or ancellation subject to all other arms of the Policy. The Company has the right to cancel the Pohey at any time by sending a warren nonce at least lorry five (45) days in advance to Ybu at Your last known address. The nonce will include the reason for cancellation. Empartatai arlc`:ihscn.t€ 4ni~,ru:arivn For You For those eligible and carolled in the Membership Rewards" program, benefits arc also paid when the purchased pn>pertl• is received Ihruugh the redemption u[ a Membership Rewards redemption certificate- Payment or credit will not exceed lhz original assigned value oCthe property received through redemption of a Membership Rewards redemption rertifiwte up to the stated limits, excluding shipping and handling expenses. Renefiti w•iIl not be paid when a b1embership Rewards redemption certificate has been transferred to anon-eligible Cardmember ornon- <:ardmetnbers. This Description of Coverage replaces any other llescription of Coverage that You may have previously received far Purchase Pnrtzetion. This llescription of Coverage is an important document. Please read it and keep it in a safe place. IN WITNESS 1VHEREOF, N'e have caused this Description of Coverage tube si,ned b} Our officers. Kenneth J. Ciak. President Thomas R. Moore, 5ecretaryJ. Ciak. President Thomas R. Moore, Secretary AMEX Assurance Companc Ay(F.X Assurance Compam PP-DOC-OSBN 10'_l0' `:l pEt.,rt,ia Pin ~,r.i c-r~t> „3 sire State?n iieutuci,+~ In the "Termination or Cancellation section the following is removed: The Company has the right to cancel the Pnbcy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. Md replaced with the Billowing: 'fhe Companc has the right to rrncel the Policy at any time by sendin, a written nonce nt least seventy-five (75) days in advance to Yau at Your last knawnaddress- l'hz notice will include flit reason fnrcancellation_ PP/F4V-t2DR I -KF OS.p' Il, c>[it, , "-:id:t' 1 t)I Ct'tt14 ht the Exclusions section the (allowing are remored: 4. violation of a ainunal law, offense ur infractiat: 6. fraud or abuse or illegal activity of any kind by the (:ardmembcr, :fhe Proof of Loss secGun is hereby removed in its entirety and replaced with the follo+rina.~ Proofof Loss Proofof Luss requires You to send Us all the inlinmation 11'e request, at Yuur expense, in order that Your claim may be evaluatzd and that YA`e may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proofof Loss within ninety (90) days after We have provided Y'ou with instructions and/or a claim form in response m four Notice of Clahn or Your claim maybe denied. Yuur Proof oELoss documentation may be mailed to Us at the samz address provided above fur mailing Your Notice ul Claim. Y4'e reserve the right to request all the information We deem necessary to determine that )'our claim is payable, and N'e will not consider that We have received complete Proofof i.nss until the information We have requested is received. Proofof Loss may require do vmentation consisting of, but not necessarily Ihnited to, the following: 1. Purchase Protection Claim Form: 2. the original itemized srore reieipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 9. a photograph oEandJor repair estimate fitt the damaged property; and 5. or their and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before Y'ou call to file a claim under Purchase Protection. No payment will be made on dahns not substantiated in the manner required by L's. If all required documentation is not received within ninzly (90) days of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may he denied. It is Your responsihility to provide all required documentation AVe request. You may be required to send in the damaged property at Your expense for further evaluation of Your claim. If rcyuesred, You must send in the damaged properly within ninety (90) days from the date of Our request to remain eligible fur coverage. PP-RDR I -0R OSi 07 ,tppiicalrte life Residents of the Stair aE Saoth Dakota The Legal Actions section is hereby removed in its entirety and replaced with the following: Legal Actions No legal action may he brought to recover against this Plan until sixty (60) days after Proofof Loss has been received by Us. No such action may be brought after six (ti) years from the time Proof oELoss is required to be given. PP/EW-RDRI-SD 05;07 11rp3icatrletrar Residents at flit titatr of l-err~.xmt fn fhe Termination or Cancellation section fhe• fallowing is removed: The Compaoy has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance ro You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: 1'he Company has flit right to cancel the Policy by sending a written notice at (cast forty five (45) days in advance to You at four last known address. '1 he notice will include the reason for cancellation. PPIF.W-RDR I-V'I' 0. l07 Underwritten by AMEX Assurance Company Administrative Office, De Pere, Wisconsin (Herein called "the Company") Description ref C.ovrrage Covered Persons: A person shall be a Covered Person under the Blanket Master Group Policy AX0948 (the °Polic}~') only iii 1. he or she is: a. For $100,000 coverage, a Rasic or Additional Cardmember who has any of the following Cards, or the extended payment account offered in conjunction with any of the trllowing, issued by .American Express']ravel Related Services Company, Inc or its participating subsidiaries (Express"1 in his or her name: American Fxpress` 12ewards Green Card, American Express' Preferred Rewards Green Card, American Express" Rewards Gold Card, American Express' Preferred Rewards Gold Card, American Express' Business Card, American Express' Cash Rebate Card, FDR S9rft4= a .American Esprecs' Community Business, American Gsprcss' Credit Gard American f:xpress' Investment Management .4camnt Gold Card, American Express' Costrn Cash Rebate Credit Card, The American Fxpress` Costto Card (IDC): American Express' Costto Ruaioess Card, Bank of Hawaii Credit Card from American Fttpress. Bank of Hawaii Gold Credit Card from American E:Rpress, Best Rate Card, Blue for Business tom American Esprkss, Blue [or Students'"', Rlue [rom Antcrican Express, Busir)rss Capital Line Irom OPEN fmnn American Express°, Business Gold Card from OPEN [roan .American Express", Arr(erican Express' Business Management Account from Oj'F.N from American Fxpress'"`, Business Membership Rewars s' Card, American Express' Business Purchase Account fr~m OPF,N from American Fxpress`", Bayer's Bonus Card'I Continental OnePass Credit Card Erom American Express, Corporate Card from OPEN from American Express"'including beginning with Accomtt ^umber 37134, American Express" Business Cush Rebate Card from OPEN from American Express"'', Corporate Custat Card from OPEN from American F.aprecs"', Delta Sky\4ileti Business Credit Card from OPF',N from American Fxpress"', Gold Delta SkyMiles` Rusines~ Credit Card from OPEN from American Express°', Delta Sktf~tiles' Credit Card, Delta Sk4^,'(tiles' Options Card. American Express Executive Business Card from OPEN from Ameri~han Express"', Guld American Express Portfolio Credit Card.~~Gold Card, Gold Delta SkyMilcs` Credit Card, Gold Senior Card Gold Student Card, Membership Rewards' Credit Ward from American Express, Mernhership Rewards Option~`° Credit lard from American Fxpress, National Multiple Sclerosis Credit Card, Optima' Card Aaounts, Optima' Cash Records Card, Optima` Gold Card, Optima Platinum Card, Opti a' Platinum Cash Rebate Card, Optima` Platinum Preferred l~rd, Personal Card, Personal Choice Card, Personal Senior Gard, Personal Student Card, Plathmm Cash Rebate Card, I';atinum lleha Sk}'Miles` Credit Card, Platinum ShopRitr Credit Card from American Express, Starwood Preferred Guest Crr(Lit Card from American Fxpress, The American Fxpress' Golf Card, The Fidelih• American Express' Card, The Fidelity arjterican Fxpress' Gold Card, The Hilton HHonors` Platinum Credit Card from American Express, Binghamton Savings ~ank Gold Credit Card [tutu American Express, Binghenty'n Savings Bank Business Credit Card from American fixpress, ~1he Nc•w York Knicks Card h'om American Express,'Ihe New Y{rrk Rangers Card (rom American F.xprecs, "fhe Small ~iusines Card from American Fxp}-ass; or b. For $250,000 coverag Cardmember who has a Rewa: Rewards Plus Gold Card or the offered in conjunction issued 1 Related Services Company, lot (°Amcncan Express") in his or c- For $500,000 coverage Cardmember who has a Plati^ Fxpress Platinum Card', .Ame Management Account Platimu Business Platinum Card' from Fxpress"', Lexus Platimm~ ( ar Financial Services Card, LAC extended payment account off American Express "17avel Relal participating subsidiaries ("An name on a Platinum Card Acct a Basil or Additional is Plus Gold Card, Corporate extended payment account r American Express Travel or its participating subsidiaries per name; or u Basic or Additional m Card", Fidelity American can Express' ]m~estment i Card. American Express )PEN from American :", American Fixpress Platinum )C Platimmt Card or the red in conjunction issued by d Scrviczs Company, Inc or its rrican P.:press"} in his or her d. For $1,500,000 covera~e a Rasic or Additional Cardmember who has a Cantu ion Card, .American Express" Business Centurion Card° Ergo OPEN from American Express"' or the extended payr~tent accomu offered in conjunction issued by Americ~n 1lxpress Travel Related Servtces Company, Inc. ar its p rtiupating subsidiaries ("American Express") in his order name on a Centurion Card .4acunq ur c the spouse, Domestic Partner or dependent child under age <:3 of any eligiblz person dejscribed in (a), (b), (c), (d) above: and 2. his or her Permanent R silence is in the 50 United States, District of Columbia, Pt~ertu Rico, or U S. Virgin Islands. ' Ftcfeniiioa~ A,ccidentwhenever used iry this Police means an unexpected event which causes hriun and shall also include exposure resulting from a mishjap tut a Common Carrier Conveyance in which the Cove>ir^d Person is traveling. i i CD25139_FDR899847_~L2.gxp:FDR815199 9/26!07 6:05 PM Page 9 Additional Cardmember means anv individual who has received an American Express Card at t he reyuest ul a Basic Cardmember for ose in connection with the Basic Cardmember: American Fxpress Card account. American F.zpress Card shall mean, unless otherwise specified, any of the Cards or Accounts listed above under Covered Persons. Basic Cardmember means any individual who has asked American Express to issue one or more American Express Cards and who has an American Express Card account. Common Carrier Conveyance means an air, land or water vehicle (other than a rental) licensed m carry passengers tier hire and available to the public. A trip is a Covered Trip if: 1. it is a trip taken by the Covered Person between the point of departure and the final destination as shown tin the Covered Persons ticket or verification issued by the Common Carrier Conveyance; and 2. the Covered Persons entire Care for such [rip on that Common Carrier Com~ecance has been aitually charged to a specific American Express Card account prior m any lojury. Domestic Partner means a person of the same or opposite gender who meets the following requirements, I has shared a residence with the Basic or Additional Cardmember for the last 1 Z months and plans to continue doing ur; _'. is nut married to au}' other persmr and is not committed to another Uomestic Partner; a. is at least I8 veacs old; 4. is not related to the Basic m~ Additional Cardmember by Mood closer than would bar marriage per state law; and ~. is financially interdependent with the Basic or Additional Canhnembc r and documentation of mutual financial support lode as copies of joint home ownership or lease, common Irauk accounts, credit cards or investments can he supplied. Injury means bodily injury which: t, is caused by an Accident which occurs while the Covered Person's insurance is in force under the Policy; and '. results in loss insured by the Policy; and creates a Loss due, directh• and independently of all other causes, to such accidental bodily injury. Permanent Residence means the Covered Yersnns one primary dwelling peace, where the Covered Person permanently resides. Gene•tit Amnur.i. As a benefit of Cardmembcrship. the Covered Person will iYCeive a benefit lerei o) S I tr0, 000 - $250,1X)0 - 5500,000 - SI,100,000 depending on the p'pe uj Amerir an Express Card accmnrt used ro:hurge dre Cornnunr Carrier Conveyance Jirrefor the Covered "1'np. Please refer M the Covered Persons section of this llescriptinrr of Coverage 1(you are still unsure e~hat beneJ`it level o(iovrrage applies to )•nur American Express Curd, plense contact the Cuaomer Srrvire Center toll-Free number listed nn the hack of your Card nlso shown on your Curd statement. Table of Losses ktaxitotrn btdcmnit, per (.o,a ~{-, -~rmt In no event will multiple American Fxpre.cs Cards obligate the Company to pay for more than one Loss sustained by an} one individual Covered Person as a result of am one Accident. The Companyc obligation under the Policy will he determined auording to the highest amount payable under the specific American Express Card actually used to charge the Common Carrier Conveyance fare for the Cuvend Trip as stated in the Benefit Amounts. In no event will a Loss from an Injury while coverage is in force under the Policy AXU948 obligate the Cumpan}• to pay benefits under Policy AX0949, the Compam's Business Travel Accident Insurance policy, in addition to any benefits parable by the Company under the Policy AX0948. The American Express Cards listed under this Policy do not receive coverage under Policy AX0949. Accidental ilea€b and Irisrrtrarbersueut Benefit The Company will pay the applicable benefit amoum as determined from the Table of tosses if a Covered Person suflrrs a Loss from an Injury while coverage is in force under the Policy; but only if such Loss ocatrs within 100 days after the date of the Accident which caused the Injur}'. Benefits will be paid fur the greatest Loss. In no event will the Company pay for mare than one Loss sustained by the Covered Yerson as the result of anv one Accident. lrexcrtptian of Bcuc6ta Common Carrier Benefit: This Benefit is payable iEthe Covered Person sustains Injury as a result of an Accident which occurs while riding solely as a passenger in, or boarding, or alightbrg from or being struck by a Common Carrier Conveyance used on a Covered Trp. Lxposureaud Disappearaucr If the Covered Person is unavoidably exposed to the elements because of an Accident an a Covered Trip which result in the disappearance, sinking or wrecking of the Common Carrier Conveyance, and if as a result of such exposure, the Covered Yerson suffers a Luss for which benefit arc otherwise payable under the Yoliry, such Loss will be covered under the Yolin'. If the Covered Person disappears because of an Accident on a Covered Trip which results in the disappeamoce, sinking or wrecking of the Common Carrier Conveyance, and it""the Covered Person's body has not been found within 52 weeks after the date of such Accident, it will be presumed, wbject to there being no evidence to the contrary, that the Covered Person suffered Loss of life as a result of Injury covered by the Yulicy. Cr~,~cra~e Itcyuiremcnt. .A Covered Person will be fully insured fur henelits under the Policy while taking a trip on a Common Carrier Com'evance onh'tvhen the fare has been charged to the specific eLneriean Express Card. Eligibility Cot coverage will remain in effect as long as the definition of a Covered Person is met. Loss of life 5100,000 5250,000 Premiums Disnternbermcnt I-oss of both hands or both Icct $100,000 $250,000 Lass ofone hand and one four $100,000 5:50,000 Loss of entire sight of both eves 5I00,0(k) 5250,000 Loss ofentire sight ofone eye and one hand nr one foot 5100,000 $250,000 Loss ofone hand nrooe bare 550,000 5125,0(H) hoss of entire sight of one eve 550,000 .5125,000 Table of losses LossufLife $500,000 $1.500,000 Dismembennen; Loss of both hands or both feet 5500.000 31,500,000 Loss ofone hand and one fool 5500,000 51,5W,000 Loss of entire sight of both ryes 5500,000 $L,5W,000 Loss of entire sight of one eye and nor hand ur one (not $>"00,000 51$W,U00 Loss ofone hand or one font 5250,000 575(1,000 Loss of entire sight of one rpe 525U,D00 $750,OW Loss as used above with refere nce to hand or foot means complete and permanent severanc e through or above the wrist or ankle joint, and as used with reference to eye me mo the irrecoverable to<s of the entire sigh t ofsudt eye. The premium for this coverage is payable by American Express. f.\chF+ti5i11 This Pulic}• dues not cover any Luss caused or contributed m by (1) intentionally seU-inflicted Injury, suicide or any attempt thereat, while sane; f2) war or any act of war whether declared or undeclared; however, any act committed by an agent of anY government, party, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting seeretly and not in connection with any operation of armed forces (whether militar}', naval or air forces) in the country where the Injury oavrs shall not be deemed an act of war, (31 Injury to which a contributory cause was the commission of ur attempt to commit an illegal act by ur tin behalf o(the Covered Yerson or hi.c/her beneficiaries; (4) Injury received while sen~ng as an operator ur crew member of any conveyance; (5) lojury received while driving, riding as a passenger in, boarding or alighting from a renal vehicle; or (6) sickness, physical or mental infirmiq', pregnancy, or am medical or surgical treamrent for such conditions, unless treatment of the condition is required as the direct resuh ufa covered Injury. FDR 399817 i tv f1`,'ki~ 3J rt A Basic Cardmember ma}` designate a beneficiary or change a previously designated beneficiary fnrhimself/herself and his/her spouse/Domestic Partner and dependent children who are not also Basic or Additional Cardmembers. An Additional Cardmember may designate a beneficiary Eor himself!herself and his/heY spatse(Domestic Partner a rid dependent children who are nbt also Basic or Additional Cardmembers or spouseslUorrtestic Parurrrs ur dependent children nl Basic Cardntentbcfs. No persons other than those stated above may designate onchange a previously designated beneficiary. Fur such designation or change to become effective, a written request, or>'I a fornr satisfactory ro the Company, must be filed with ~+merican Express. Such designation or change shall ta~Ce effect as of the date it was signed by the designator provjded that it has been received by American Express, but any papmaent of proceeds made by the Company prior to receipt of sgch designation of change shall fully discharge the Company tjr the extent of such payment Claims Notice of Jahn must be gi}'en to AM14F.X Assurance Company, Claims Administrative llffice, PO Box 19018. Green Bay, WI 54307-9UI8 within 2O, days after the occurrence or commencement of any Luss c~yered by the Policy, or as soon thereafter as is reasonably pos,4ible Not ice given by or nn behalf of the claimant to the Ckrmpany at itc Administrative Office, or ur any authorized a m of Ihr Cnmpanv, with information suffrcient to iden i~fy the Covered Person shall be deemed notice to the Cnmpani'. Payment of Clahns Benefits for Loss of life of the designated beneficiary. & sustained by a Covered Person }'eram, if living, otherwise to more than oar brneficiary is respective interests are not sp beneficiaries shall share equa designated, or if the designate the Covered Person, the bevel sun tying class o1 the followin 2) bhildren, equally per stirpe In determining such persr rely upon an affidavit by a me preference beneficiaries delve any such affidavit shall fully d obligations under the Policy u made, the Company has recei written notice of a valid claim mnnun[ payable to a minor m guardian. Covered Person will be paid to ~cfit fixall other Losses will be paid to the Covered 'redesignated beneficiary. If tsignated and the beneficiaries' sifted, the designated ~: lE no beneficiary has been beneficiary does not sun•ive s will he paid to the first I 1 spouse or Domestic Partner, and 3j the estate. i or persons, the Company may tber oC any of the classes of fed above. Payment haled upon :charge the Company Erom all Less, before such payment is rd at its Administrative Office ~y some other person(s). Any be paid to the minors legal lima Lirn it uu 3ct tore, IVo action at law or in eyui ~v shall be brought to recover under the Policy after the expirations of three years, five years for Centurion Card, CorporateCenturion Card"'from OPEN from American Express'"', aftej'the time written proof of loss is rcqu,ired to be furnished. ''. . fhe benefits described her~ir, are subject to all of the terms and conditions of the Policy. l'~ris Uesn~ipnon of Coverage replaces any prior Description p,f Coverage which may have been furnished in connection ~, ith the F'olio'. ~~ « ~~>~ Kenneth J. Ciak, President '~ Timothy Meehan, Seue[ary 6713-I1-OI-COE4 1Qotice to Florida Residen s Only: The benefits of the Policy providing your cnverag are governed primarily by the Laws of a state other than Flori a. 1. If, after reading tkis Description of Coverage, you are still unsure what benefit level o(cov~rage applies to yonrAmerican Express Card, please roruacf th Customer Scrvi<e Center loll- free inumberlisted on the bock ~(,vour Cnrd, also drown on your CarzP statement. Ilj ~ ~ ~ r 17,.w;.n}rtion et (.-ev era;;c ~ Car Rental Luss mid Uama e I nsurance provides [he Business Cardmember, ("Card[~tember" 1 it the Cardmember is the primary renter, (as definrd~xlawt with insurance coverage I i CD25139_FDR899847_p1"l.gxp:FDR815199 9/26/07 6:05 PM Page 10 for damage to or theft nl most Rental Autos when the Cardmember uses the Card (as described below} to charge and pay Eor an auto rental from any Commercial Car Rental Company ("Rental Company") within the geographic scope of the l'nited States, its territm~ies and possessions.-This coverage is excess insurance. Rental Auto means afour-wheeled, two-axle passenger- type mororvehicle, designed for and sold m accommodate private passenger transport o^ public roads. F4'h±+ is hh~!ibl. tar Covcr,t~r Yuu are eligible Eor coverage if: 1. You are a Rasic or Additional Cardmember and an American Express" Card or Optima' Card in association with that Card (the "Card") has been issued to you in your name; 2- You are of an account status and class that is provided Car Rental Loss and Damage Insurance as a benefit oC Cardmembership ('Cardmember°); 3. Your Card account is billed Irom a G.S operating center in U.S. dollars; and i. You maintain your Permanent Residence within the 50 United Slates of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Permanent Residence means the Covered Person's one pnman' dwelling place where the Covered Person permanently resides and intends to return. Commercial Car Rental Company ur Car Rental Company means any commercial car rental agency which rents Rental Autos.' For the purposes of this Description of Coverage, Commercial Car Rental company means "Rental Compaue° 'rdo~s to .t.air>atr ; --.overage Coverage for theft of or damage to a Rental Auto is activated when the Cardm<mber:i ,, presents his or her eligible Card ro the Rental Company to reserve the Rental Auto, by making a reservation; or by placing a hold or deposit at the time the Rental Auto is checked out; declines the full Collision Damage bVaiver or similar option (CDFF), or pay's for a partial collision danage waiver, offered by the Rental Company; - is the primary rem r, which is defined as the Cardmember, who i5 named on the written agreement with the kental Company as the person renting and taking control and possession of the Rental Auto ("Primary Renter"); and 4. uses the Card to pa}' for the entire aura rental from the Rental Company at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A lardmember, who is physically challenged and unable to operate the Rental Auto, may be the Primar}' Renter if he/she is the Cardmember entering into the rental twamction. '.y hcrt [ ost:raer Icrmnasts. Coverage for thet`t of or damage m the Rental Autu terminates when: I. the Rental Company resumes cuntrol of the Rental ~\uto. or 30 consecutive days after the Rental Auto was checked out, trlliehever is earlier, or thePohct is cancelled. !. r~th in Crr a ;i Car Rental l c ss and Damage Insurance covers eligible Rental Autos tvhrn rented under a written rental agreement slum a Rental Company for no more than 30 tzrnsecutive days. Note: In no eventslarrll iorerage be provided when the CarzLnember rents a Rental Anto 6eyand 30 consecutive days (ram the same Rental Company. regardless of w)refher the original ugreement h extended, or a new written agreement is entered into, or a new vehicle is rented. Additionally, no coverage will be provided when the Primary Renter rents a Rental Auto for more than 30 consecutive days out of a 4,-day period within the same geographic market/location (-i mile radius). F}'scat i,+-E~'. a:rcc Car Rental Loss and Damage Insurance reimburses a Cardmember for payments for damage to or theft of a Rental Auto that the Cardmember is required to make, up to the lesser of: (1) the aental cost to repair the Rental Anto, (2) the v+holesale Book value minus salvage and depreciation costs, or ,3) the purchase invoice price of the Rental Auto minus sah~age and depredatiuu costs. ;fhe urvcrage:tlso reimburses the Cardmember for reasonable charges (those charges incurred at the closest facility that arc usual and customary in the vicinity in which the Iuss ur disablemem took place) imposed be the Rental Grmpam~, such as towing or storage and Loss of Use. Loss of Use means the unacailahility of a kental Auto and consequent loss of revenue by the Rental Company due to damage or theft. Unless otherwise regitired bylaw, the Rental Company must submit a fleet utilization log indicating that during such tune: I, no other Rental Auto was available; and 2. there was a demand for a kental Auto. Car Rental Loss and Damage Insurance covers no other type of toss. Fnr example, in the event of a niliision involving the Cardmember's Rental Auto, damage to any other driver's car or the injury of an}'one or am~thing is not covered. Note: This pulley dues cwt provide liability nr an}'other ioveragesurh ns Uninsured tLlotoriKS, benefits under arm Worker Cumpenattiurr low, Disability benefits law ur other mandated Government Plans. \Fhat Ezces+Cut-wage Means Car Rental Loss and Damage hasurance is an excess insurance plan and is only available for Rental Autos rented in the U.S., its territories and possessions. This means that this excess coverage will reimburse the Cardmember unh' fur losses/expenses not covered by plans, sudt as, a partial collision damage waiver, am' personal auto in.curmcr, employers auto insurance or reimbursement plan or other sources of insurance. 1Vhen these other plans apply, a Cardmember must first seek payment or reimbursement and receive a determination based on the stated terms of such other Plans, that any such Plans do not provide coverage before this excess coverage will reimburse the C'ardmrmber. 1-eh+rses \r.t C-os<red Car kental Lass and Damage lnsurance dots not cover rentals of: L expensive cars, which means cars with an original manufacturers suggested retail price of Si0,01N1 nr more when neW; ?. exotic cars regardless of year or value, including but not limited to Chevrolet Corvette, Toyota Supra, Mazda Ra-7, Dodge Viper and Stealth, Plymouth Prowler Mitsubishi 3000 Gl', Nissan 301}LX, Jaguar %)S, Acura NSK, Mercedes SL, SLK, S Coupe and E320 Coupe and Convernble, BMW M3, Z3 and B Series, Cadillac Allante. All Purschr, Ferrari, Lnrnborghini, Maserati, Aston Martin, l.nms, Bugatti, Vector, Shelby Cobra, Bentley, Rolls Royer; trucks, pick-ups, cargo vans, custom vans; t fill-sized vans, including but not limited to Pori Econolinr or Club Wagon, Chevy Van or Sportvan, Gr\4C Vandura and Rally, Dodge Ram Vans and Ram \Vagon; 5. vehicles which have been customized ur modified from the manufacturers factory specifications except for drivers assistance equipment for the physically challenged; ti, vehicles used for hire or uimmercial purposes; -. mini-vans used for commercial hire; dote: Passenger eNini-bans (nut Carga ,Mimi-YunsJ ivitJr Jdctory spec Jizd seating c aparit y of 8 passengers or less, including but not limited to Dodge Cararan, Plymouth L'oyager, fiord lt5ndstar and .Nissan quest are rovrred when rented fire persnnrrl or business use only. K. antique cars which means cars that an 20 years old or have not teen manufactured for 10 or more tears; 9. lhnousines tti. full-sized sport utility vehicles indudilig but not limited to ChevruledGMC Suburban,lahoe and Yukon, ford Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus LX4~0, Range Raver or Cul]-sized Lord Bronco; 1 t. sport/utility vehicles when driven °uff-road";and Note: Compact sporthrniity vehicles. including but net limited to Ford F.xplarer, jeep Grand Cherokee, !Vi.uan Pafl finder, Toyota Four Runner, Chevrolet Blazer and f,urxr Trooper and Rodeo are covered when driven nrr paved roads. t 2 off-road vehicles, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any other vehicle which is nut a Rental Auto. 1 cease^, iA'af Cu. erect Car kental Loss and Damage lnsurance does nut cover losses caused by or contributed to by: 1. operation of the Rental Auto in violation of the terms and conditions of the Rental Compam' agreement (including but nut limited to losses occunSng when: a person not permitted to operate the vehicle pursuant to terms of the rental }:DR 89984' agreement was in possession ter cuntrol oCthe vehicle; ur, driving the vehicle outside o! the authorized rental territory); 2. leased or mini-leased vehicles; .i, costs attributed to the k;ummerdal Car Rental Carnpanvs normal course of r)oing business; d. intentional damage; ~. illegal activity, such aslossrs where the Rental Au[o was used for, or involved in illegal activiq• or felony; r, pre-existing condition , damage or defect; ". alcohol intoxication m the part of the driver, as defined in tl'ne state where the .Accide t oaurred; ,~. voluntarily taking an} rug or acting under the influence or effect of that dru (unless taken as prescribed or administered by a Doctor); 9, war or military activit~~; i 0. radioactivity; t t .confiscation by author h~; 7 2. wear and tear, indudit g gradual deterioration; 7 3. damage which is due rid confined to freezing, mechanical or electrical brew down ur failure unless such damage results from a theft a vered by the Policy; id. failure to return keVS t the Rental Company when the vehicle is stolen; S C~. theft or damage to mr cured vehicles; i 5. theft of or damage w c yes (flats or blowouts), unless damaged by Fre, malicious m .,chief, vandalism, orstolen, unless the loss is coincident wl h and from the same cause as other loss covered by the Poli v; and G. off-road operation of t e vehicle. Car Rental toss and Dam ge Insurance does not cover, and benefits will not he paid tor: r. sales tax related to rep it of damages, unless reimbursement of such sales t ~ is reytrired bylaw; 2. damage to any vehicle t[her than the Rental Auto; J. damage to any proprrt ~ other than the Renta] Auto, owner's property, or items not nennaneody attached to the Rental Auto; 1. the injury of anyone o~ anything; "s. expenses assumed, w2 ved or paid fur by the Rental Company or its insurer; expenses covered bt t e Cardmember's personal auto insurer, employer or empluve~s insurer, or authorized driver's insurer; value added tax ur sim~;ar tax, unless reimbursement of such tax is required by law; :. diminishment of unfurl 'a. any Rental Auto used f~r hire or commercial purposes; and 7 t1. depreciation, unless reimhursement for depreciation is required by law. Fiov; to File a Claim Notification of damage, in luding rrndalism, theft, or an accident must be reported to t e appropriate law enforcement agency as soon as reasonably ossible. This requirement applies regardless of whether t e Rental Auto is invoh~ed with other vehicles. Failure to notif ~ may result in denial of benefits. If a loss occurs, a Cardme~ber should promptly notify the Car Rental Luss and Damage iaims knit full free at (800) 338- 1670 in the U.S. only or call (4 ~U) 911-2950 from other toe ations worldwide. If the tail rc of a Cardmember to promptly report a lux, pretudi~es the rights of the Insurer, the claim maybe denied. A representative will anstv~r any questions a Cardmember may have and will send the Ca dntemher a claim form with insuvctions. Complete and si a the claim form. Written proof of loss, which includes the etas n form and all other requested documentation (listed hrluw),Imust be received within 60 days following the date of the damn{}~e or theh hy: American Express Car Rental loss and llamage (Maims Unit, P.O. Box, 94729, Cleveland, Ohio 44101-4,'29.1 the proof of Iuss and other documentation is not receivedwithin 6(1 days of the date of loss, coverage maybe denied. Required documemation ray consist of, but is not limited to: i. our signed and compleged claim form: an itemized repair bill;'. }. a cop}' of charge slip for [he rental of the Renta) Auto, Rental Auto contract or conchs e-generated receipt [o Show rental was charged and paid fo~ with an American F.xpreas Card; t_ a police report (:f appli~ahle>: photos of the damaged brhiele. it available; CD2~139_FDR899847_p12.gxp:FDR8"5199 9/26/07 6:05 PM Page 11 tr. a mp}• of the Cardmcmbcr's, authorized drh~er's or employer's auto insurance an'erage, ur a notarized letter stating no insurance; ?. a cup}' of all claim dncumznts and correspondence, provided by the Car Rental Company; R- a cope of the Remal Conpany's utilization log; '~ a copy of the driver;c license of the Cardmember and/or authorized driver-unless the driver's license nwnber shows on he rental agreenrnc x). a cope of the written rental agreement, Ermtt and back, which documents whin the Rental Auto was checked out and checked in; and t t, information pertaining to other available insurance nwerage(s). Cardmember cooperation with issues related to their benefits is required. If all required documentation is not received within 180 days of the date of loss (except for documentation which has ua been furnished for reasons beyond the (:ardmember s arntrol), coverage may he denied_ Han•, Renck is a;c E`.ic All Car Rental Loss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember, except that payment may be made, at the discretion of the Insurer, jointly to the Cardmember and the Commercial Car Rental Company when the Car kental Company has not bern reimbursed for the covered toes ur damage, or the Cardmember has nut validly cosigned hisiher payments to the Rental Company or any other party- Note: Benefits u~iR not be paid i( on the date o(lass, nn the drtte n(doim liking, or are the daM o(potentinl dahn payment, rrny nrnount due art Yirur Gerd amount is post due or 1bur Card is arncelled.~ t In thz event ofa payment under this Pnliey, the Insurer is entitled to all the rights of recocen~ that the Cardmember, G> whom payment was made, has against another: That Cardmember must sign and deliver to the Insurer any Legal papers relating ;c. that recovery, do whatever else is necessar}' to help the Insurer exercise those rights and do nothing after loss to harm the htsureri rights. When a Cardmember or Commercial Car Rem al Company has been paid damages under Policy, Nn. AX0925, and at.su recovers Frnm another; [he amount recovered from the other shall be held by that Cardmember nr Commercial Car Rental Company in tract for the Insurer and reimbursed to [he extent of the Insureri payment. As a condition precedent to coverage, the Cardmember is required- and has a duty to fully cooperate with the Insurer in :mv investigations. subrogation matters or legal proceedings by providing nrpies ofany and all legal notices and any and all statements, including sworn statements and contributing any other papers and dncumznts to reasonably assist in the disposition of the legal mattes "~ shb ., cane. I ~;rt 1~t7. ¢r 11 h' n a Cardmember n served with suit andlor summons papers relating W a Car Rental Lnss and Damage claim, the Cardmember must nutifi (see address and phone number under Claims Notice seetionl and provide copies of the suitor summons papers to the Car Kental Luss and Damage claims unit within I. days of when the Cardmembuis served. Failure to comply may result in denial of benefits. .iddiiiotral Irati~r rn,;litrr; l..r S++u This coverage rs underwritten be Ab:EX Assurance Comyam ("Insurer'-) through insurance Volicy AX0925 (Ihz "Policy") issued to American fxprecsTravel Kelated Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Police may be changed or terminated. This L>escsiption of l uczrage fs an important documznt. Please keep it in a safe place. Although it describes the present form of insurance as it exists at the time of printing, this documznt is not the Policy or contract of insurance. The benefits described in this document are subject to all of the terms, conditions and exdu+ions ofthe Policy issued by the underwriter. Thrs documznt replaces any prior Description of Coverage underhe Pulicv which may have been furnished to the Cardm~nber. ~~ ~~ ~~~ Kenneth J- Ciak, President Paul R. Johnston, tiecrrtarv AMEX Assurance Company AMEX Assurance Company CRLD[-DOC-DSBN 1I/OS L Fnr those eligible and enrolled in Membership Kewards, f(a Memberhip Rewords redzrnptfon rerti(icate is used, inrergge u provided ortlp to Rental Autos rented ire the United States. 2- When used in conjunction with a hlentbership Rewards redemption certffiinte, the participating Car Rental Corrrpanies arc firnitcd to Hcrt<, National and Budget. 3. If eligible and enrolled in.Membership Rewards, coverage is also uctfvaled when the Cardmember (1) preserus a Aembership Rewards redemption certificate and (2j uses n Mernberslrip Rewords redemption cerri(icute ut a purtripatfng Comrueria( Car Rental Company Important note for those enrolled in Membership Rex•ards: A ,ilrmberhip Rewards redemptior certificate can only be redeemed by eligihle Cardmemhers. Benefits will not be paid when a .Mzurbershfp Rewards redemption certificate has been trap Jeered tonon-eligible Cardmembers andlor norrQrrdmembers. 4. Uaes not apply to New Ybrk State residents. D<scriptianofCovrsgeRidett•,t(`~-(~~ _.- Applicable for OSBN and OSBN Platinum Cardmembers Additional lnfotnration for OSBN and OSBN Platinum Cardmembers Under Vehicles Nol Covered, item number 3. is replaced with the following: Car Rental Loss and Damage Insurance does not cover rentals nL ;. cargo vans, custom vans; In all other respects, the provisions and conditions of the Description oECoverage remain the same. CRLDI-RDR 1 11105 Additional Tn form:ation ii?r Rc.idcuts of Loutsrarra The Rights of Recovery section is replaced with the following: if the Company makes any payment under this Policy and the Cardmember has the tight to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the CardmembeLs right to be fully compensated. CRLDI-RDRI-LA I If05 additional Information fire R, ~kleu is of Swath Dakota Under Losses Not Covered, item number 5. is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: ';- vi~latlonofcrtminallaw,orcommissionofncrimutxl act, whether cited or charged; Under Losses Not Covered, item nwnber 7. is replaced with the following: Car Rental Lnss and Damage Insurance does not cover losses caused by or contributed to hy: 'i. consumption of alcohol at or in excess of the legal blood alcohol level for a felony conviction in the state or locality in which the Accident occurred; CRLDI-RDRI-SD l1f(h Additional lnfar'rvatinn !ur Resideuls r,f Gerntom Under Losses Not Covered, the following item is hereby removed: '. alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; CRLDI-RDRI-VT I I/OS Additional Infimaatian Wr itcsidrnts nt lti isconsin Under Losses Nut Covered, the ti?llowing items are hereby removed: 5. illegal activity, such as losses where the Renta(Auto was used for, or involved in illegal activity or felony; 7. alcohol intoxication on the part of the driver, as dzfined in the state where the Accident occurred; &. voluntarily taking any drag or acting under thz influence or effect of that drug (unless taken as prescribed or administered by a Dodorl; Under I•osses Not Covered, the following item is added: 18. the use of the Rental Auto for unlawful purposes, or for transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or wnirolled substance analog, or a combination thereof, or under the influence nY any other drug to a degree which renders him or her incapablz o[ sagely driving, or under PDR 8998{: the combined influence of an intoxicant and any other drug to a degree which renders him of her incapablz of safely driving, or any use of the motor yehidl' in a rcddess manner CRLDI-RDRI-11'I IIlO~ ' 'ch!=+irrnaI laforrnaflan Ire ~t. rt"esi lirginia Coder How Benefits are aid, the Footnote, to the note that reads Note: BeneJits?rfll not be data ufctairn (fling, aeon the any amount riue an }i>ur Car isiaucetled, is hereby revised Does not apply to 1Vest V residents. CRLDI-RDRI-N'V 11/0~ rid i(, en the dote alto<s, on the re of potential claim payment, ~.ccnunt is post due or Yonr Card read as Jollnws ~inia and New Ynrk State Description of Coverage }r~r„ dre Ilag}, t c insaran -. "i.rrz ts.,;{as 1 he Arnencan Express Ca d Baggage Insurance Plan f 'Plan") provides certain cove age against Luss or damage to checkzd and carry-nn baggag of yours and of Eligible Persons (sec W ho is Covered) when (ommon Carrier tickets are charged to your eligible Amer can Esprzss Card nr another eligibleAaount. ',, iiu:, 1ou Benefit i Coverage is in effect for El gihle Persons during their travel on a Common Carrier when t e ticket for the trip (one-way or nxmd-trip) is charged to roar eligihle American Express Card or another eligible Amount. C veragr during a Covered Trip for each Eligible Person coda rs: • Up to $I,'S0 for carry-, n baggage and certain carry-on peesonal elTects while t ese covered itzms are on hoard the Common Carrier; a d = Up to 5500 for checked aggage, i n F.XCF.SS of checked baggage coverage pmvi zd b}'Common Carriers. Vote: For A'ew York State r silents there is u SIQ000 aggregate maximum limit,(or, (f filigihfe Persons per Covered Frip. If the Common Carrier tic ct for ca h LliKible Person is charged in advance of going d r city ro'he temrinal to board the (:ommon Can~ier, the baggge of each Eligible Person is also covered foe ' t}p to $1,250 while the F~ligible Person is going directl}'to or leaving directh from he terminal on a Covered Trip while travzling as a pass •n~er in a land Common Carrier (such as a taxi, bus, airy rt limousine) or in a scheduled helicopter operated as a ;ommon. Carrier. ~- Up to $1,20 while the igible Pelson 3s in a terminal fur the purpose of boarding nr immediately after disembarking from a Ct ninon Currier on a Covered Trip. I Important Defini(i:ut fir Eh i)€„r ;,6mrcrf Corrragc American Express Car or Accowrt means a Basic or .Additional American Ex ?ress Card, Business Travel Account, ,4irlinc Billing count or a'frcasurcr's Card, and the extended payment account, if any, otFered in conjunction with any of hest; all issued by American Express Travel Related S n'ices Company, Inc. or its participating subsidiarie Olmeriean Express'] and which is eligible for cove age wider this Plan. • Cmnmon Carrier mean an air, land or water vehicle licznsed to carry pawn ers fur hire (such as planes, trains, ships, and buses). Common Carriers do not include rented or private vehicles, or hotel or other courtesy cehides fix wh h no tare is paid. Covered Trip means a i iy tar which the Common Carrier ticket has been c urged to an eligible dmeric:m Express Card account or another Account. Each Common Carrier ticket on>tihrtrs a separatz Covered Trip. Rte "terms to Rno,r • Benefits will not he paid 1, on the rlatz of occurrence of Loss or damage or un [h dote of claim filing, any amount ofyour America i F!xpress Card or another eligible Account used to barge the Common Carrier ticket(s) for the Covered rip is gal unpaid for two billing periods or; Ib) your American E.xprzss Card or another eligible Account is Cann- r d i CD25139_FDR899847_p12.gxp:FDR815199 9/26/0 6:05 PM Page 12 Rv checked baggage, this is ERCL~SS coverage. The Plan months Crom the dale of ocean cote of Lass or damage, only supplements a Common Carriec's liability fur or your claim will be denied. checked baggage up to the baggage's full valne (defined ,Additioaal trtfirnuatinn far Sot, as total original cuss 1 or $500, whichever is Imver. (For The American Express Card Baggage Insurance Plan is example, if your Loss of checked baggage nn a Covered underwritten by AMEX Assurance Company ("Insurer"), Trip is 52,000 and the Common Carrier reimburses you ,1dministrativeOftice, De Pere, 11'ismnsin. This document only $ I,OIK), the Ylan will reimburse you for up to $500.) sen•es only as a Description of Coverage and is not a Pulic}' or . (,aims for checked baggage can he processed and paid contra, of insurance, [he actual Terms, Conditions and only after the Common Carrier responsible for the Loss Exclusions ul Policy AX0400 ("Policy") govern the Baggage or darnage has sealed arFd paid fur the claim against it. if Insurance Plan. The Policy has been issued to American the Common Carrier completely denies your claim, there Express Travel Belated Services Company, Inc. b.' AStEX will he no reimhmsemem for Loss nr damage under this Assurance Company and is on file at the offices of American Plan unless the sole reason for denial is the specific Express. This document replaces all existing prior Descriptions exclusion of a particular item(s) (e.g., camera) under the of Coverage for the American Express Card Baggage Insurance Common Carriers contract of carriage. Plan. . Poe carry-on baggage (baggage not checked with a / ~ Common Carrirrh claims will be payable uu the basis of ',~(`!"_. 9 ~~ ~~ the actual cash value (actual cash value is defined as the replacement cost at the time of Loss or damage, less Kenneth J. Ciak, President Timothy Meehan, Secretary depreciation). AMEY Assurance Company may, at its AMEX Assurance Company ,AIv1EX Assurance Company option, elect to repair or replace the covered baggage 6~f37-12-02 (CP) with property of like kind and quality, subject [o L Does rrof apply to New fork State residents. settlement based on actual cash vahtr. Items ee~ith 5t~c vial Li nr tafurn> Coverage lirrhigh-nsk items is Limited to a combined maximum of S2>0 for each Eligible Person fur each Covered Trip. These high-risk items include, but are not limited G>, ,jewelry, sporting equipment, photographic or electronic equipmeot, computers and audioh~isual equipment. t1or<<rt N'tt <rt . ";oi t ~~,~.; n: Business contents ur effects: umbrellas; hats; coats: cash or its equivalent, credit cards, securities: tickets and documents contact lenses; artificial teeth and limbs; plants and animals; household effects ;items used or displayed in a household, not of a personal nature, such as silverware, art objects, bedding and linens); automobiles; rnotorcydes; boats or other conveyances. However, bicrdrs checked as baggage and coats packed in checked m tang -on baggage are covered according to the checked and earn on baggage coverages described above. There is no :overage for Loss or damage: caused by war, civil war or radioactive amtaminaunn; contributed to or caused by voluntary umseng or contributed to or caused by confiscation or requisition by Customs or ocher governmental authority. i1 ho f9 C ncrre_ You are considered to be an Eligible Person under this Plan iE t. Fou are: (u) an Amenean Express Cardmember who has an Arnericarr Express Card or Account issued by American Express in your name; or (b) an employee (or other authorized person) of an entity which has a Rusines_c Travel Account, Airline Billing Account ur "treasurer's Card issued to it by American Express and are eligible to hate your Common Carrier tam dtarged to that Account; ur (c) the spouse or dependent child under age 23 of any Eligible Person described in (a) or (b) abcw'e: and ~. ]'ou arc a resident of the United Stales of .America or one uFits territories or pacsessiuns and the American Express Card aceumu or other Account used is billed in the United Mates. iiceu in i 41c a it :au i. To ensure prompt processing of }'our claim, you need to report any lust or damaged baggage inuuediate]}t as follows: For checked baggage, you must file a written report of the Loss or damage with the Common Carrier before leaving the terminal For carry-on baggage, you nntst file a written report of the Loss or damage with a local law enforcement agency. 1•ou must retain all written report< and mceipts until the final claim determination has been made. _. Call toll-free 1-SDO-ti45-9700 (overseas, call 1-303-273-6498) to report your claim to the claims department and obtain a Baggage Insurance Plan Claim Form. +. Complete and sign the Baggage Insurance Plan Claim Form and return it with the documentation as requested in the claim them. Please note the following: Your claim will VOT he processed wail all these required do vments are received. R You must return your completed claim form and required documents promptly, but not later than six FDR 39984' i ~ AiMERtCPN EtwaESs <- 2007 Amcric.~tn Express I Business Managgement Accounts"" APPALACHIAN WC50D DSN MATTHEW S GAMBER Closing Date 07/08/12 New Balance Minimum Payment Due Includes the past due amount of $2,237.00 Payment Due Date --- - $12,776.80 $2,430.00 08/02/12 See page 2 for important information about your account. Your account has been cancelled and suspended. ' a p. 1I5 SM Account Ending 6-63003 ~--- Earn points on all of your -- -1 I ! purchases, everywhere you use ~ I I the Card. I ~! Visit open.americanexpress.com/ I l smallbusinessrewards j Account Summary _ ___ _ w iousBalance $12,741.80 ~ Payments/Credits -$0.00 i New Charges +$0.00 Fees +$35.00 Interest Charged +$0.00 New Balance Minimum Payment Due- $12,776.80 52,430.00 I ~ Credit Limit $11,800.00 it I Available Credit $0.00 'I !i Cash Advance Limit $0.00 I Available Cash $0.00 Days in Billing Period: 31 i, Customer Care Pay by Computer ~ 1' C open.com/pbc -- - Customer Care Pay by Phone 1-800-521-6121 1-800-472-9297 O See page 2 for additional information. + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon ~ Pay by Computer Do not staple or use paper clips open.com/pbc MATTHEW S GAMBER APPALACHIAN WOOD DSN 304A N ST JOHNS RD CAMP HILL PA 1 701 1-6820 ~nr~~~nr~~~ruru~~rn~~r~~n~u~nr~r~~~ru~~rur~rr~~~rn) New Balance $12,776.80 Minimum Payment Due $2,430.00 Payment Due Date 08/02/12 AMERICAN EXPRESS Check here if your address or P•O. BOX 1270 phone numberhaschanged. NEWARK NJ 07101-1270 Note changeson reverse side. Illrrrlrrr'rrrllllrrrrrrllrrrllrllrllrr'lllrrrlrrrl~lrrrrlr'II 0000349991D59841619 001277680000243000 04 ri Pay by Phone Account Ending 6-63003 1-800-472-9297 Enter account number onalldocuments. Makecheck payableto American Express. S Amount Enclosed Exhibit "~» MATTHEW S GAMBER Account Ending 6-63003 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 S p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearablethrough the US banking systern. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion race that is acceptable to us, unless a particular rate is required bylaw. 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 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 number and check serial number to yourfinancial institution, unless the check is not processable electronicallyor a lesscostly process is available. When 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 financial 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 any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or 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 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 method and how resulting interest charges are determined. The method weusetocalculatetheADBandinterestresultsindailycompoundingofinserest. Paying Interest: Your due date is at least 25 days after the Closing Date of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction 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 charges 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 orthe highest interbank rate we identify from customary banking sources on the conversion date or the prior businessday. 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 send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. New York residents may contact the New York Banking Department to obtain a comparative listing of c redit card rates, fees and grace periods by calling 1-800-518-8866. Customer Care & Billing Inquiries 1-800-521-6121 Hearing Impaired InternationalCollect 1-623-492-7719 TTY:1-800-221-9950 Large Print & Braille Statements 1-800-521-6121 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. S[reet Address Ciry, State Zip Code Area Code and Home Phone Area Code and Work Phone Email Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Pay Your Bill with AutoPay • Avoid late fees • Save time Deduct your payment from your bank account automatically each month Visit amencanexpress.com/autopsy today to enroll. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.a m e rica nexp ress.com/privacy. Business Managgement Accounts"" APPALACHIAN W60D DSN MATTHEW S GAMBER Closing Date 07/08/12 ' e p.3/5 ®SM Account Ending 6-63003 Fees Amount 07/02/12 Late Payment Fee $35.00 Total Fees for this Period $35.00 Amount Total Interest Charged for this Period $0.00 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 $280.00 Total Interest in 2012 $1,612.43 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual 13alance5ubject Interest Percentage Rate to Interest Rate Charge Purchases 27.244'0 (v) $0.00 $0.00 Cash Advances 27.244'0 (v) $0.00 $0.00 Special Balance Transfer --_- - _ -- 27.244'0 (v) $0.00 _ __ _ _ __ - _ $0.00 Total $0.00 (v) Variable Rate MATTHEW S GAMBER Account Ending 6-63003 p. a/5 OPEN Savingss"" Summary Prepared For Account Ending MATTHEW S GAMBER 6-63003 APPALACHIAN WOOD DSN p. 515 ~ -- I ~ Savings this Billing Period Savings Since January 2012 ~~ 0.00 0.00 I To start saving today, visit www.open.com/opensavings and learn more about the OPEN Savings program and participating merchants VERIFICATION I, Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C".S.A. Sec. 4904 relating to unsworn falsification to authorities. By: Demetrios H. Tsarouhis, Esquire Date: September 17, 2012 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff m 0'p of ?'umbrri? ? OFFICE C' THES64ERIFF Jody S Smith Chief Deputy Richard W Stewart Solicitor 2212 OCT 16 AM 9: 02 Ot'ltVEiRi..AN GUU' '`° PENNSYLVANIA American Express Bank, FSB Case Number Matthew Gamber 2012-5939 SHERIFF'S RETURN OF SERVICE 10/02/2012 04:21 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2012 at 1621 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew Gamber, by making known unto himself personally, at 304A N. St. Johns Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ?? - RYAI[BURGE , EP SHERIFF COST: $43.00 October 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySute Sheriff, 7eleosoft, Inc. r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.PENNSYLVANIA CIVIL ACTION--LAW American Express Bank FSB,a Federal Savings Banks, Plaintiff Lo V. No. 2012-5939 <�, HE CD =r CA) MATTHEW GAMBER, Defendant k 121298.0411 REPLY TO NEW MATTER Plaintiff,American Express Bank FSB,a Federal Savings Bank,by and through its counsel, Demetrios H.Tsarouhis,files this Reply to New Matter and avers as follows: 23.No response required. 24. Denied Defendant sets forth a conclusion of law to which no response is required. 25. Denied. Defendant sets forth a conclusion of law to which no response is required. 26. Denied. Defendant sets forth a conclusion of law to which no response is required. 27. Denied. Defendant sets forth a conclusion of law to which no response is required. WHEREFORE,Plaintiff requests judgment in its favor and against Defendant as follows: a} Judgment in the amount of$11496.43 due on the account; b) Costs of suit; and 1 Respectfully Submitted, 1 EMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9h Street—Suite 200 Allentown, PA 18102 610-439-1500 Date: March 19, 2013 121298.001 2 i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff V. No. 2012-5939 MATTHEW GAMBER, Defendant • 121298.001/ CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Reply to New Matter has been served by United States first-class mail,postage prepaid,upon the individual(s)at the address indicated below: MATTHEW GAMBER 304A N SAINT JOHNS RD CAMP HILL PA 17011 Respectfully Submitted, METRIOS H. TSAROUHIS Attorney for Defendants Attorney ID # 88513 21 S. 9`' Street Allentown, PA 18102 610-439-1500 DATE: March 19, 2013 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff(s) ' ;*v V. No. 2012-5939 �v © °ca MATTHEW GAMBER, z o Defendant(s) 121298.001 -t MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff, American Express Bank FSB, a Federal Savings Bank, moves pursuant to Pa. R.C.P.No. 1034 for judgment on the pleadings and in support hereof overs: 1. Plaintiff filed a Complaint against MATTHEW GAMBER (hereinafter the "Defendant") and a true and correct copy is attached as Exhibit"A". 2. Defendant filed an Answer,a true and correct copy of which is attached as Exhibit"B". 3. Defendant's general denials of the allegations are improper under PA. R.C.P. No. 1029(c)and constitutes an admission of the allegations in as much as the Defendant must know whether the allegations are true or false(See attached Memorandum of Law). 4. Defendant fails to set forth any facts supporting the defense and the defense is accordingly insufficient as a matter of law. 5. In addition, Defendant failed to supply any meaningful response to the averments set forth in Plaintiff's Complaint. 6. Paragraph 13 of Plaintiff's Complaint states that the total past due amount owing is $11,496.43. This averment as admitted since no meaningful response was provided by the Defendant. 7. The pleadings are closed and time exists within which to dispose of this motion so as not to delay trial. 8. There are no genuine issues of material fact to be tried. 9. Plaintiff is entitled to judgment as a matter of law on the pleadings. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $11,496.43 due on the account; b) Costs of suit; c) Any other relief as the Court deems just and appropriate. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attomedy for Plaintiff 21 S. 9 Street—Suite 200 Allentown, PA 18102 610-439-1500 Date: March 19, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff(s) . V. No.2012-5939 MATTHEW GAMBER, Defendant(s) 121298.001 MEMORANDUM IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS ISSUES I. WHAT MUST BE SHOWN TO BE GRANTED JUDGMENT ON THE PLEADINGS? lI. HAVE THOUGH ELEMENTS BEEN SHOWN IN THE PRESENT CASE? ARGUMENT I. A motion for judgment on the pleadings is in the nature of a demurrer or may only be granted where the material facts are at issue and law is so clear that trial would be fruitless. A motion for judgment on the pleadings is governed by Pa. R.C.P.No. 1034 which says: Rule 1034. Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any part may move for judgment on the pleadings (b) The court shall enter such judgment or order as shall be proper on the pleadings." A motion for judgment on the pleadings is in the nature of a demurrer in which all of the non-movants wall-pleaded allegations are viewed as true, Ridge v. State Employees' Retirement Bd. 690 A2d 1312 (Pa. Cmth 1997); Simon v. Commonwealth Pa. 659 A2d 631 (Pa. Cmth. 1995). A motion for judgment on the pleadings may not be granted unless the movants' right to succeed is certain and the case is so free from doubt that trial would clearly be a fruitless exercise. Shirla v. Javan 454 Pa. Super 131, 684 A2d 1088 (1996) app. gtd. 548 Pa. 682, 699 A2d 736 (1997) app. dism. as improv. granted 551 Pa. 587, 712 A2d 281 (1998); Commonwealth v. Rainbow Associates 138 Cmth. 58, 587 A2d 357 (1991); Ridge v. State Employees Retirements Bd. supra. In the present case, the Answer only pleads a general denial to the Plaintiffs claim. Denials in the pleadings are governed by Pa. R.C.P. No. 1029 which says in part: "Rule 1029. Denials.Effect of Failure to Deny. (a) A responsive pleadings shall admit or deny each averment of fact in the preceding pleadings or any part hereof to which it is responsive. A party denying only a part of an averment shall specify as much of it as is admitted and shall deny the remainder. Admission and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied as set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. (d) Averments in a pleading to which no responsive pleading is required shall be deemed to be denied. (e) To an action seeking monetary relief for bodily injury, death or property damage..." Most cases revolve around defendant's denial under Pa. R.C.P. No. 1029(c). It has long been the law that denial pursuant to Rule 1029(c) while be considered a general denial and therefore an admission if it is clear that the party answering must know if the allegations are true or not Cercone v. Cercone 254 Pa. Super. 381, 386 A2d; (19/8); Commonwealth v. Rainbow Associates supra; Wisconsin Trust Co. v. First Wisconsin Trust Co. v. Strausser 439 Pa. Super. 192, 653 A2d 688 (1995). In the present case, the Defendant has failed to supply any meaningful responses to the averments set forth in Plaintiffs Complaint and should be deemed admitted. The seminal averment constituting the amount due of$11,496.43 has been admitted as well. Defendant has admitted all of the other averments except for Paragraph 20, 21, 22 to which no genuine issue of material fact is raised as the amount due. The Complaint alleges that Plaintiff extended credit to the Defendant, Defendant used such credit and has now failed to pay the past due balances on the same, and that a balance is now due in the amount of$11,496.43. Plaintiff and Defendant are equally familiar with the transaction. The defendant must know if the contract was created, if the credit was in fact used, and if payment was made. First Wisconsin Trust Co. v. Strausser, supra.; Cercone v. Cercone supra. It cannot be allowed to drag this matter to trial unless there is a factual defense. CONCLUSION There are no factual issues that need to be tried. The Plaintiff's right to succeed is certain and judgment on the pleadings should be granted. WHEREFORE,Plaintiff requests judgment in its favor and against Defendants as follows: a) Judgment in the amount of$11,496.43 due on the account; b) Costs of suit; C) Any other relief as the Court deems just and appropriate Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9 Street—Suite 200 Allentown, PA 18102 610-439-1500 Date: March 19, 2013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION —LAW American Express Bank FSB, a Federal Savings Bank Plaintiff V. No S9 3q Gal - 9 MATTHEW GAMBER Defendant 121298001/ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - Telephone number 717-249-3166 Exhibit COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION —LA W American Express Bank FSB, a Federal Savings Bank, Plaintiff V. ' No. MATTHEW GAMBER, Defendant 121298001/ COMPLAINT Plaintiff,American Express Bank FSB, a Federal Savings Bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: I. Plaintiff, American Express Bank FSB,a Federal Savings Bank,("Plaintiff)is a NY business corporation having its corporate offices at 200 Vesey Street 43rd. Fl, , New York NY 10285. 2. Defendant, MATTHEW GAMBER, is an adult individual resident of Pennsylvania who maintains an address at 304A N SAINT JOHNS RD, CAMP HILL PA 17011. 3. At all relevant times herein,Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in ***********3003. 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 2 6. Defendant used the credit card with account number ending in ***********300--).for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit "B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. r 9. The account became delinquent on or about 06/25/2011 and Defendant has failed pay any amounts since that time. 10. The principal amount due at such time was $12,766.80. 11. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.0000%per annum to the past due balance, which currently totals $2.10 per diem. 12. Plaintiff is entitled to have 6.0000%per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 13. Pursuant to the terms of the Agreement,Defendant is liable to Plaintiff for court costs and reasonable attorneys' fees and in this case amount to $1,000.00. 14. "the instant transaction arises from a commercial account and is therefore a commercial transaction. 3 WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of$12,766.80 due on the account; a) Interest at the per diem rate of$2.10 from the date of filing this Complaint until the date of Judgment; b) Reasonable attorneys' fees in the amount of$1,000.00; C) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I - Unjust Enrichment 15. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 16. At Defendant's request,Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 17. Defendant received and accepted the benefit of said credit provided by Plaintiff. 18. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 19. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 20. At all times material hereto,Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 21. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 4 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $12,766.80. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of$12,766.80 due on the account; b) Costs of suit; and C) Any other relief as the Court deems just and appropriate. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for PIaintiff 21 S. 9`h Street—Suite 200 Allentown, PA 18102 610-439-1500 Date: September 17, 2012 5 C-D25139_FDR899847 oI2-c3an:FaR515199 9/26/07 6:05 P14 Page 1 Ci125119 m I FDR 699547 7ct•AF tZi 4CJ) "'Buslness i It Ard Agreement ��f-loss Ni ume to,ltncrican F%vr -.i.,ni,a�:I'll-.cr•hiil Cre lit t me Cardmember,that we may receive,record.exchange and use This document and the accompanying supplement(s) A portion of your credit line may be available to eou for information about him or her in the same manner we do with constitute your.agreement.Please read and keep this Cash Advances up to your Cash Advance limit We may,at any information about you,as described below in the Agreement.Abide by its terms.When you keep,sign or use the time and in our sole discretion,increase andior decrease your ConsumerfRusiness Reports,Telephone Monitoring/ Business Card issued to you(including any renewal of credit line and Cash Advance limit.We may limit Charges at an Recording,and Suspension!Cancellation sections of this replacement Business Cards),or you use the account associated automated teller machine("ATM")to the lesser of(i)a total of Agreement. with this Agreement(your"Card Accuum").you agree to the s1,000 in any seven-day period,or(it)the remaining amount Billing titaieuurtts terns of this Agreement.-fhe words"you:—your"and'vours" of the Cash Advance limit on your Account,and we may N'e will send bills for all Charges to the then current Basic mean the person named on the Business Card and/or,where impose additional limits at our sole discretion(in addition to Cardmember for the Card Account or such other person applicable,the Company.You have received this Business Gard any limits imposed by the ATMs owner).Your billing designated by the Company to receive the bills at the mailing at the request of the Company for use in connection with the statements will show your crtdit line and Cash Advance limit or e-mail address provided by the Basic Cardmember The Card Account.You will be called a"Business Cardmember"or and the unused portions of such line and limit as of the Company or Basic Cardmember must notify,its immediately of "Additional Cardmember•The Basic Cardmember is the statement date.You agree to manage your Account so that your any change in the mailing or e-mail address to which we send authorizing officer of the Company who authorized us to issue balance for Cash Advances(including fees and Finance billing statements or notices that a billing statement has been the Business Card to you by signing the Company's application Charges)wdl not exceed the Cash Advance limit and your posted("Billing Address").If you wish a Billing Address for the Card Account.The term"Company"means the overall balance(including fees and Finance Charges)will not change to apply to more than one account you maintain with company,corporation or firm in whose name the Business exceed your credit line.You agree to pay us,immediately upon us,you must tell us.You agree that we may also update your Card Account is established-"the Company,Basic Cardmember request,the amount of any balance on your Account in excess gelling Address if we receive information that your Billing and Additional Cardmembers agree,both iointh•and of any applicable credit line or limit.We reserve the right to Address has changed m is incorrect.The Company or Basic individually,to he bound by the temps of this.Agreement.The decline any attempted Charge,even if the Charge would not Cardmember must also notify,us immediately of any change in term"Card"refers to the American Express'Business Card cause you to exceed your credit line or limit. the Basic's or the Companys mailing address,telephone or fax issued to you,all other Business Cards issued on your Card We are not responsible for any losses or other consequences number,the Company's name or the Company's state of Account,and any other device(such as Card Account 9 a transaction on your Account is not approved for any incorporation or organization,changes to your social security numbers)with which you mat,access your Card account. reason,even if you have sufficient credit available.Except as number or empluyer 1D number,and any other information we bur"and"us"«fer to American Express Bank,FSR,the otherwise required by applicable lave,we will not be may request. issuer of)our Card Account responsible if any merchant refuses to honor the Card or for The"New Balance"appears on your billing statement To Girt,flu e 1r.i any other problem you may have with a merchant determine the New Balance.we begin with the outstanding You may use the Card to obrim goods and services from N4 may periodically re-evaluate your credit standing and balance on your Account at the beginning of each billing n connection with such re-evaluation vnur agree to provide us period,called the"Previous Balance'on the billing statement any person who accepts the Card('Purchase(s)").l or si You agree Upon our request copies of such documents we may request P g that you will use the Card for commercial or business P q P 1 We add any Charges,subtract any credits or payments credited purposes.You may also use the Card to obtain loans("Cash including but not limited to bank statements and tax returns. as of that billing period,and make other applicable Advance(sy')through various means we may make available Prnmisc iu Pay adjustments. (e.g.,ATM machines)up to the applicable limits on your You promise to pay all Charges,including Charges incurred Minimum Amount live Account.At our disunion,wt.mar permit you to transfer by.Additional Cardmember,on your Aaount.'I'his promise Each hilling statement will reflect a Minimum Amount balances from other accounts Ut rnur Account("Balance includes any Charge for which you or an Additional Due. Payment is due by the time and date shown and in the Transfer(s)")-At our discretion,we may issue convenience Cardmember indicated an intent to incur the Charge,even if manner prescribed on the statement. The Minimum Amount checks that you can use to access your Account.Each you or the Additional Cardmember have not signed a charge Due will not exceed the New Balance You may pay more than convenience check may be used only by the Basic form or presented the Card.You also promise to pay any the blinimutu Amount Due,up to the entire outstanding Cardmember.You may not use convenience checks to pay any Charge incurred by anyone that you or an Additional balance,at any time.'Io calculate the Minimum Amount Due, amount you owe under this.Agreement or to pay any other Cardmember let use the Card,even though you have agreed we add together the following amounts,round the result fu the account you have with us or our affiliates."Transactions you not to let anyone else use the Card. nearest whole dollar,and then add any amount past due: make in response to promotional offers from us will he subject mans of and Rrr.pnnsibi)ite tier I' >i ,,-.xt ddiumttl (1)the greatest M: to the terms of the promotion and this Agreement C arlme,mh,.r; (a)2%of the New Balance(excluding from the New All amounts charged to ynur Account,including Purchases, Additional Cardmembers do not have accounts with us. Balance any over-limit amount and any late fees or Cash Advances,Balance Transfers,convenience checks,annual instead,they are authorized users on the Card Account,and over-limit fees); fee(s),if any,any amounts guaranteed by use of the Card,other the Cards issued to them may be canceled by the Basic (b)the lesser of: fees,and any Finance Charges,are"Charges"A convenience Cardmember or Company or us at any time You must notify (i)current billed Finance Charges plus IS of the New check that we identify as having been made payable to cash,to us to revoke an Additional Cardmember's permission to use Balance(excluding from the New Balance any you,or to a bank,brokerage or similar asset account,or to a the Card Account.The Company and the Basic Cardmember over-limit amount,any late fees or over-limit fees mortgage provider or insurance provider will be treated as a are responsible under this Agreement for at]use of the Card and finance charges),or Cash Advance.Any other convenience check and/or a Balance Account by the Basic Cardmember and Additional f ii)4X,of the New Balance:or Transfer will he treated as a Purchase,except as otherwise Cardmembers,and by anyone else the Basic Cardmember or (c)515; noted.If you make a purchase or a Balance Transfer,or use a an Additional Cardmember lets Use the Card,and the Charges (2)any over-limit fees added during the billing period; convenience check that is governed by a promotional offer they incur will be billed to the Basic Cardmember.The (3)any late fees added during the billing period;and from us,the Charge will be included in a Promotional Balance. Company and the Basic Cardmember have this responsibility (4)1124th of any over-limit amount(the part of your New unless we notify you otherwise even if they did not intend for an Additional Cudmember,or Balance in excess of your credit line). You agree not to let any person use a Card except a other person,to use the Card for any transaciians.The Adjusted Minimum Amount Due Cardmember whose name is on it.You agree to notify us if the Company and the Basic Cardmember are also responsible for Summary:If you consistently pay more than the Card is lust or stolen,or you suspect that it is bring used any losses as well as any other consequences related to or Minimum Amount Due outlined above,we mac calculate your w shout your permission.You agree to use the Account only for resulting from actions taken by any third parties authorized to minimum pa)•tnent without any late fees,over-limit amount or Purchases,Cash Advances,or Balance Transfers that are lawful act on behalf of the Company and the Basic Cardmember. the additional 1%of the balance referenced in(1)(b)(i). If we and are permitted under this Agreement We may issue You Notwithstanding the Company's and the Basic do this,and finance charges are more than 2%of the balance, renewal or replacement Cards before a previously issued Card Cardmember's responsibility for all use of the Card Account,by we may add 515 to vnur minimum payment. For information expires. each use of the Additional Card to incur Charges,the about how this works,read the detailed description below. If you or an Additional Cardmember authorize a third Additional Cardmember indicates his or her agreement to pay Detailed Description:We may adjust the outlined pity to ball Charger on a recurring basis to your Account us for the Charge if the Company and/or the Basic calculation above by removing the late fees in(3),the over- ("Recurring Charge(s)"),we may(but are not required to) Cardmember fail to or refuse to pay it,and we may,at our limit amount in(4)and"plus 190 of the New Balance"in provide such third party with vnur current Account status, discretion,pursue Additional Cardmembers for ayment of Card number andior expiration date to permit that third art' P P over-lima I e the adjusted calculation,we will exclude only the P P party Charges they incur or authorize even though we send bills to truer-limit fees from the New Balance in(1)(a) After the to continue billing your Accou nt.We may take such steps even the Basic Cardmember and not to Additional Cardmembers. adjustment,if(1)is equal to the current billed Finance if your account number changes or if we issue a renewal or The Company and the Basic Cardmember authorize us to Charges,we will increase your Minimum Amount Due by S15. replacement Card to you or an:additional Cardmember.To provide Card Account information to Additional We will apply the adjusted calculation to your Account it withdraw authorization for a Recurring Charge,you must Cardmembers and to discuss the Card Account with them notify the third arty. •the sum of your payments(credited to your Account m y P The Basic Cardmerber agrees to noiify each Additional the six consecutive billing periods ending with the Cardmember,at the time he or she becomes an Additional Closing Date of the current billing period)is greater than I -- Exhibit " � CD2r_,:39_FM89984 2 rig ;xp:FDRe 15199 9126107 6 0 FZr Page 2 ` !hc sum of the,Mirnim;un Arnot,no Duc(for the six (a)the Prcynius Balance shoran on the billing siatcment for ,e i,, -.,,, . tt�.-„i t consecutive billing f,ej wa, ending taffy thr('losing Date that biting peritxl is zero or a credit balam e.or(b)payment in C'harcc, of iheprevious billing perio&not using the adjusted full for the New Balance,if any shown nn the statements We use the Average Daily Balance method in calculate caJcu latiun and including the amount past due in only covering the two immediately preceding billing periods is Finance Charges tin your Account.Under this method,we the fr mst of those sic periods;; credited to moor Account by the reapectivc Payment Due Dates calculate the Finance Charges on your Account by applying the the sum of the NI immutn Amounts Due is equal to the shown on those statements.For purposes of this paragraph. DPR to the Average Daily Balance(as described below) sum of your payments and it is less than or equal to$90; Purchases do not include Balance Transfers or convenience separately for each balance subject to Finance Charges. the surn of the l linimuin Amounts Due is zero and we checks. Different periodi;rates mar he used for different balances.For used the adjusted rah:ulai ion im ilic last billing period 8 The Dith•Periodic Rate(°DPR'•)for Purchases and the example,different DPRs may be applied to separate balances, when tour Minimum Amount Do(was not zero;or DPR fur Cash Advances areeacb based nn an Annual such as Purchase,Cash Advance,and Promotional Balances.TO it is the first billing period ending on ur alter November Percentage Ralc("),which may vary or which for Purchases get the Average Daih Balance for each balance,we(1)take the 16,2007,and your Account was opened before that date. may be fixed as set forth in the supplement.if the APR is beginning balance far each day(including unpaid Finance If we adjust your Minimum Amount Due,we will do so for variable,the APR is based on the Prime Rate described Wow. Charges from previous billing periods),(2)add any new it least six billing periods,and if we,stop adjusting your The APR for Cash Advances is the Prime Rate plus 14.9996.A transactions,debits,or fees,(3)subtract any payments or Mi umum Amount Due,we m11 not adjust it again for at least DPR is 1 1365th of the APR.Your DPRs and APRs,variable or credits credited as of that day,and(4}make any appropriate s x billing periods,regardless of your payment history fixed,appear on the accompanying supplement(s).When an adjustments.For each day after the first dal'of the billing Payments APR change's,we apply it to any existing balance subject to that period,hire also add an amount of interest equal to the precious All payments must be scat to the payment address shown rate. days daily balance multiplied by the DPR for the balance.This on your billing statement and must include the remittance r,The"Prime Rate"Is determined once with respect to gives us the daily balance for the particular balance for that day coupon from your billing statement.You must pay us in U.S. each billing period.The Prime Rate for each billing period is and the beginning balance for that balance for the next day.If currency,with a single draft or check drawn on a U.S.bank and the Prime Rate published in the Money Rates section(or this balance is negative,it is considered to he urn.Then,we payable in U.S.dollars,or with a negotiable instrument payable successor section)of The Wall Street Journal on(a)the first day add up all the daily balances for each balance for the billing in U.S.dollars and clearable through the U.S.banking system, of that billing period or(b)the day that is two days prior to the period and divide the total by the number of days in the billing or through an electronic payment method clearable through Closing Date of that billing period,whichever is higher.In each period.This gives us the average Daily Balance for that the U.S.banking system You r Account number must be case,ifsuch a day is not a customary publication day for Tire balance. included on or with all payments If we decide to accept a Wall Street Journal,we will substitute the closest preceding day Ifyotr multiply the Average Daily Balance for each balance payment made in a foreign currency,you authorize us or that is a custoiary publication day.if The Wail Street Journal by the number of days in the billing period and the DPR for choose a conversion rate that is acceptable fir us to convert your ceases or suspends publication,we may refer to the Prime Rate that balance,the result will be the Finance Charge assessed on remittance into US.currency,unless a par€icular rate is published to any other newspaper of general circulation in New that balance,except for variations caused by rounding.The required by law. York,New York,or we maysubstitute a similar reference rate at total Finance Charge for the billing period is calculated by Payments conforming to the above requirements that we our sole discretion.Any increase or decrease to an APR adding the Finance Charges assessed on all balances of the receive no later than the hour specified on your billing resulting front a change in the Prune Rate takes effect as of the Account.This method of calculating the Average Daily Balance statement witlbe credited to your Account as of the day first day of the billing period.Art increase in the Prime Rate and Finance Charge results in daily compounding of finance received;payments confornung to the above requirements that means that the variable APRs(acid corresponding DPRs) Charges.We may use mathematical formulas which produce we receive after the hour specified on your billing statement applicable to your Account will increase and you may incur equivalent results to calculate the Average Dally Balance, will be credited to your Account as of tire.following day. higher Finance Charges and may have a higher Minimum Finance Charge,and related xmuunts.For example,we may If payment does not conform to the requirements stated Amount Due. utilize computer programs or other computational methods above,crediting may be delayed.11 this happens,additional It The DPR(and corresponding APR)on all balances may that are designed to produce mathematically equivalent results Charges may be imposed.We may accept late payments,partjat increase under the following circumstances: while using fewer and/or simpler computational steps than are payments or any paynntnts marked as being payment in full or I- the DPR(and corresponding APR)on Purchases will described in this Agreement as bring settlement of any dispute without losing any of our increase to the Default Rate,which is a DPR that corresponds At our discretion,we may exclude certain categories of rights under this Agreement or under the law.Our acceptancc to an APR equal to the Prince Rate plus 15.99%,and the DPR debit transactions or fees from the calculation of the daily of any such payments dues met mean wr agree to change this (and corespuoding APR)an Cash Advances will increase to balances.Unless we elect to use a later date,we add a Chagec to Agreement in any way.You agrrr that an acceptance of such the Default Rate,which is a DPR that corresponds to an APR the daily balance as follows:We add a Cash Advance or payments will not operate as an accord and satisfaction equal to the Prime Rate plus 21.99%,ifduring the Review Purchase to the appropriate daily balance as of the date of without our prim express written approval- Period a payment of your lvtintmum Amount Due is not request or the transaction date on the biltingstatement.We Subject to applicable law,we n•ih apply axJ alter:ate credited in your Account by the Payment Due Date in any tivia add a convenience check to the appropriate daily balance as of paprnents and credits among haiances and Charges on)vur billing periods.The"Review Period"is the period,constituting the date of first deposit.We add a Balance Transfer other than Ac,punt in any order and manner krerrruned by us in our sole ipProximarely one year,of twelve consecutive billing periods through a convenience check to the appropriate darrly balance discretion,in most cases,we will apply and allocate payments ending with the Closing Date of the current billing period, as of the date of the request.We add periodic Finance Charges first to balances at lower Annual Percentage Rates(")and then whether or our you received a statement for each such billing to the daily balance as described above.We add any other to higher APR balances,and apply Purchase credits first to the Period If these Default Rates are applied,they will apply to Charge to the appropriate daily balance as of the date of the balance from which the corresp mding debit ungmated. your Account for a minimum of twelve consecutive billing transaction However,for servicing,administrative,systems or other periods,beginning with the current billing period,unless you Periodic Finance Charges are added to the outstanding business reasons,we may apply and allocate payments and have triggered a higher APR based on the criteria described in balance at the end of the billing period for which Finance credits among balances and to Charges on your Account in subsection(2)below.. Charges are calculated.In any such billing period,we will some other order or manner that we may detennue in our sole '_ Notwithstanding the foregoing,the DPR(and impose a minimum Finance Charge of$0.517,which will be discretion.You agree that we lace the unconditional right to cot responding APR)on all balances will increase to a Default added to the balance with the highest APR unless,for our exercise this discretion in a way:hat is must favorable or Rate which is a DPR that corresponds to an APR equal to the convenience and in our sole discretion,we choose to add it to a convenient to us. Prime Rate plus 21.99%,if during the Review Period(a)a balarrce with a lower APR.In our sole discretion,we 3150 may aynient of vour Minimum Amount Due is not credited to round any calculations made in determining the Finance ,tutfiar4rstic,rr.ur F.tectzvnic?)ebim tie F,),tr t=)ii•c6ing Jr• vour Account b the Payment Due Date in an three 0r more Charges on your Account in any way that is convenient to us ;aouut Y Y y Y When you provide a check as payment,you authorize us to billing periods,(b)a payment of your Minimum Amount Due Any such rounding may apply to or cause variations in your use information from your check to make air electronic fund is not credited to your Account by the Payment Due Date in DPRs. transfer from your account or to process the payment as a any twoconsecutive bitting periods,(c)a payment on your Annual Fees check transaction.If we process your check electronically, account is not honored by yourbank or other financial There is no annual fee for this Account. funds may be withdrawn from your bank or asset account as institution,or(d)you exceed any designated credit limit on your Account three or more times.If this Default Rate rs Latt Fens Dori as the same clay wr receive y<wr check.Also,if we process We may assess a late Fee if a payment of at least the your check electronically,you will not receive that cancelled applied,it will apply to your Account for a minunum of twelve Minimum Amount Due is not credited to vour Account by the check with your bank or asset account statement, consecutive billing periods,beginning with the current billing payment Due Date.The amount of the Izte Fee depends an the period F iarsru C barges amount of the Previous Balance on the statement on which the A.Finance Charges begin to accrue for each Charge as !'..We may decide not to increase the DPRs(and of Late Fee appears,as follows: the date the Charge is added to the daily balance,as described corresponding APRs)applicable to your Account as set forth in Previous Balance—.Late Fer heluw.If payment in full for any New Balance shown on the paragraph D above.If we decide not to do so,we still have the Liss than 544 $19 statement for a billing period is credited to your Account by right to subsequently increase the DPRs(and corresponding $400 or greater 538 the Payment Due Date shown on that statement,then Finance APRs)applicable to your Account in accordance with OQicr 34 es Charges will not accrue for Purchases from the date on which Paragraph D above and the other provisions of this Agreement. .Any balances transferred(r0tn another accatint to this Card We mar charge the following fees to your Account,subiecr payment in full of that New Balance is incited to i vour Account shall be governed by the terms and conditions of this to applicable law.Except as otherwise noted,these fees will be Account until the end of the bccou period di which such added tot the Purchase Balance. payment is credited to your Account.In addition.Finance Agreement,unless notified otherwise. i Dishonored Payments:We may charge a fee of S38 Charges will not accrue fur Purchases during a lidling period if whenever any check,similar instrument,or electronic payment FDR 899847 2 is025139_.Fr7 299847--p121gxp:FDR8I5I9° 9126/07 6:05 F_. P29e 3 � 1 order th.rt we receive as payment on your Account is not edit!+•or by In etst�ating y'uur.rrditwor hiness,t'ou aSrci prngr:uns),and(dl}'our appbcatiun for any account.lh'c shalE honored upon first presentment- that wr may r0v on information cumamed in consumer not elect to use arbitration under the Arbitration Provision for f a Card is presented in connection with cashing a check at report.,and in our discretion we may consider the amount of any Claim that you property file and pursue in a small claims an American Express Travel Service Office or other authorized debt You are carrying compared w your resources or am other court ofyour state or municipality bit long as the Claim is ffi we may charge a fee of atyour credit charactensmcs,regardless of your pertormance individual and pending only in that court. location and thrchzck is not honored, Proceeding/Selection S38.(We will also add a Charge to the Cash Advance balance of mi this.Accmint tyre may also consider your Account in default Initiation of Arbitration Administrator:Any Claim shall he v/ ,Upon election yout Account in the amount of the check that was not in the event of your death. honored) In the ecru of your default,and`subject to am•imtitanans by you or us,by arbitration pursuant to this Arbitration Stop Payment Orders:we may charge a Ice of 529 each or regtiirelocuts of applicable law,we may require pay Local of a Provision and the code of procedures of the national n of our outstanding balance greater than the arbitration organization to which the Claim is referred in effect tune we receives request to stop payment on a convenience portio check drawn on your Account. Minimum Amount Due,declare the entire amount of your at the time the Claim is filed(the"Code'),except to the extent 7. Over-limit Fer.We may charge a fee af535 in each obligations to us immediately due and payable,andlnr suspend the Code conflicts with this Agreement.Claims shall be billing period the New Balance on your statement exceeds your or cancel your Account and/or any feature that may he Offered referred to either the National Arbitration Forum("NAF")or credit Tine. in connection with the Account.YOU agree to pay all reasonable the American Arbitration Association("AAA"),as selected by .1. Cash Transaction Fee for Business Checks:Y•te may costs,including reasonable at fees,incurred b)'us(1) the party electing to use arbitration.If a uleaion by us of charge a fee forcash checks of the greater of 3%of the tit connection with the collection of any amount due on your either of these Organizations is unacceptable toyou,you shall transaction or 35.This fee is a FINANCE CHARGE.For Account,whether or not any arbitration,litigation,or similar have the right within 30 days after you receive notice of our purposes of this Agreement,a"cash check"is any American proceedings are initiated;and(2)in reasonably protecting election to select the other organization listed to serve as Express Business Check you make payable to any of the ourselves from any loss,harm,or risk relating to any default on arbitration administrator.For a copy of the procedures,to file a following payees:cash,yourself,your company,any Additional your Account. Claim or for other information abort these organizations, Cardmember and brokerage accounts! contact them as follows: Truosactioiie)'iadr in lnceign Cot rertcics dealerststockb rokerstinvestmem fundstinvestment accounts. NAF at P.O.Box 50191,Minneapolis,MN 55405; If you incur a Charge in a foreign currency.it will be weltshe:wwwubitration-forum.com. Balance Transfer Fee:We may assess a transaction fee converted into U.S.dollars on the date it is processed by its or AAA at 335 Madison Avenue,New York,NY 10017; for each Balance Transfer on your Account,as disclosed in the our agents.Unless a particular rate is required by applicable website:www.adrorg. applicable Promotional Offer or at the time of the transactiva- law.you authorize us to choose a conversion rate that is Significance of Arbitration:IF ARBITRATION IS "Phis fiw,if assessed,is a Finance Charge, act eptable io us for that date_Currently,the conversion rate we L,, ATM Fee:We will impose a fee each time a Card is used use for a Charge in a foreign currency is no greater than(a)the CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, obtain cash or any other set vices from an.ATM.This fee will NEITHER YOU NOR WE WILL HAVE THE RICH w f TO highest official conversion rate published by a government LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL. he 3°1,of the amount of the cash withdrawn or other services agency,or(b)the highest interbank conversion rate identified ON THAT CLAIM-FURTHER,YOU AND WE WILL NOT obtained(including any additional fee imposed for use of the by us from customary banking sources,on the conversion date HAVE THE RIGHT TO PARTICIPATE IN A ATM by its operator),with a minimum of$5.This fee will be or the prior business day,in each instance increased by 24o REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY added to the Cash Advance balance. This conversion rate may differ from rates in effect on the date ':u•pension Cancellation ofyour Charge.Charges converted by establishments(such as CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.EXCEPT AS SET FORTH In addition to any other actions we may take under this airlines)will be billed at the rates such establishments use. BELOW THE ARBITRATOR'S DECISION WILL BE FINAL Agreement,we may suspend nrcanerl your Account nrany Hcnefitsan:ISciIi,", AND BINDING.NOTE THATOTHER RIGHTS THAT YOU feature offered in connection with your Account,we may Subject to applicable law,we have the right to add,modify OR WE WOULD HAVE IF YOU WENT TO COURT ALSO reduce your credit line or cash advance limit(including to a or delete any benefit,service,or Feature that may accompany MAY NOT BE AVAILABLE IN ARBITRATION. level below your outstanding balance),we may convert the your Account at any time and without notice to YOU Restrictions on Arbitration:IF EITHER PARTY ELECTS outstanding balance or any portion thereof due to a fixed h rhitt:.tii.o TO RESOLVE A CLAIM BY ARBITRATION,THAT CLAIM payment plan(the terms of which will be communicated to purpose:l his Arbitration Pruvision,ets forth the SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. you upon conversion and which will require payment of tee circumstances and procedures under which Claims(as defined THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY Outstanding balance in equal monthly installments,including l}— below)may be arbitrated instead of litigated in court. CLAIMS'1'O BE ARBI'1`RA'I'ED ON A CLASS ACTION BASIS finance charges,over a period of,at our option,up to 60 Definitions:As used in this Arbitration Provision.the OR ON BASES INVOLVING CLAIMS BROUGHT IN A months,and permit you to pre-pay the outstanding balance tern!"Clain'means any claim,dispute or controversy between PURPORTED REPREsFNTAT'iVE CAPACITY ON BEHALF OF without a pre-payment premium for a period of time to be specified in the terms to be communicated toyou)^and/or we you and is arising from or relating to your Account,this THE GENERAL PUBLIC,OTHER CARDMEMBERS OR may suspender cancel the authorization of any Additional Agreement,the Electronic Funds Transfer Services Agreement, OTHER PERSONS SIMILARLY SITUATED.The arbitrators r a y suspend to hake Charges to your Account,at on sole and any other related or prior agrcentent that you may have authority to resolve Claims is limited to Claims between you Carelmimt start time,with or without cause,whether or not had with us,or the relationships resulting from any of the and its alone,and the arbitrator's authority to make awards is above agreements(':Agreements•'),except for the validity, limited to awards to you and its alone.Furthermore,claims your Account it in default,and without giving notice,subject enforceability or scope of this Arbitration Provision Or the brought by you against us,or by us against you,may not be to applicable law-Any such action on our part will not cancel Agreements.for purposes of this Arbitration R'ovision,'you" joined or consolidated in arbitration with Claims brought by or tout erms oft his to pay all Charges due On your Account under the terms Of this Agreement in effect at the time of such action and"us"also includes any corporate parent,or wholly Or against someone other than you,unless agreed to in writing by or as subsequently amended,and you agree to pay us Ott such majority owned subsidiaries,al(iliaies,any hrensees, all parties.No arbitration award or decision wilt have any Charges despite any such action.We may advise p third parties predecessors,successors.assigns,any purchaser of any preclusive effect as to issues or claims in any dispute with who accept the Card that the Card(s)issued to you and/or accounts,all agents,employees,directors and representatives anyone who is not a named party to the arbitration. of any of the fortgoing,and other persons referred to below in Notwithstanding any other provision in this Agreement Additional Cardmtmbers have been canceled-If vve cancel the Card or it expires,you may no longer use it and you must the definition of"Claims"°Claim"includes claims of eser}' (includingbi t not limited to the"Continuation"provision destroy it or return it to us or,if we request,to a third party,If kind and nature,including but not limited to,initial claims, below)and without waiving either party's right to appeal sucli you want tocaneel the Account or any Additional Cards you counterclaims,cross-claims and third-party claims and claims decision,should any portion of this"Restrictions on must antify us and destroy the Card(s).o anbased upon contract,tort,fraud and other intentional torts. Arbitratiod'provision be deemed invalid or unci forceable, if we agree to reinstate your Account after a cancellation, statutes,regulations,common law and equity."Claim"also then the entire Arbitration Provision(Other than this sentence) {or,if we do not send you a includes claims by or against any third party using or providing shall not apply. the new Agreement we send you new Agreement,this Agreement(o it may be amended)wilt any product,service or benefit in connection with any account Arbitration Procedures:This Arbitration Provision is as govern your reinstated Account.When we reinstate your (including,but no limited to,credit bureaus,third parties who made pursuant to a transaction involving interstate commerce, Account,we may reinstate any Additional Cards issued in accept the Card,third parties who use,provide or participate in and shall be governed by the Federal Arbitration Act,9 U.S.C. connection with your Account,and bill you the applicable tee-based or free benefit programs,enrollment sery ices and Sections 1-16,as it may be amended(the"FAA').The annual fee(s). rewards programs,credit insurance companies,debt collectors arbitration shall be governed by the applicable Code,except and all of their agents,employees,directors and that(to the extent enforceable under the FAA)this Arbitration Detault representatives)if and only if,such third party is named as a Provision shall control if it is inconsistent with the applicable We may consider your Account to he in default at any time co-parr-with you or its(or Cites a Claim with or against you or Code.The arbitrator shall apply applicable substantive law if you fail to pay its any amount when it is due,or if you breach us)in connection with a Claim asserted by you or as against consistent with the FAA and applicable statutes of limitations any other promise or obligation under this agreement. the other.The term"Claim"is to be given the broadest possible and shall honor claims of privilege recognized at law and,at Subject to applicable law,we may also consider your meaning chat will be enforced and includes,by way of example the timely request of either parry,shall provide a brief written Account to be in default at any time if any statement made by and!without limitation,any claim,dispute or can mwi-sy that explanation of the basis for the decision.The arbitration you to us in connection with this Account or any other credit arises from or relates to(a)any of the accounts created under proceeding shall not be governed by any Federal or state rates program.vas false or misleading;if you breach any promise or any of the Agreements,or any balances on any such accounts, of civil procedure or rues of evidence.Either party may submit obligation under any other agreement that you may have with (h)advertisements,promotions or oral or rvritten statements a request to the arbitrator to expand the scope of discovery us or with any of our affiliates;if we receive information related to any such accounts,goods or services financed tinder under the applicable Code.The party submitting such a indicating that you are bankrupt,intend to file bankruptcy,or any of the accounts or the teens of financing,(c)the benefits request must provide a copy to the other party,who may are unable to pay your debts as they become duet or we receive and services related to Cardmembership(including fee,based submit objections to the arbitrator with a copy of the information leading us to conclude that you are otherwise not or free benefit programs,enrollment services and rewards objections provided to the requesting party,within fifteen(15) FDR 899847 3 ICD25139_FDR899847_p1?.gxp:FDRST5199 9/26/07 6:05 PM Page days of rccco,oig the•requesting party's Hoot,.I fie grantii;K or Cardmernbers and us to assure the quality of ou r t n5iptnCl hr tour letter,give us the following information denial u(such a request will be in the sole discretion of the service or as required by applicable law, Your name and account number arbitrator,vvhn shall notify the parties of histher dreisMn t'sc of C sect tie rrai Gn,cnumciit 1;ICm;, The dollar amount of the suspected error. within twenty(20)days of the objecting party's submission. American Express has entered into contracts that enable Describe the error and explain,if you can,why you The arbitrator shall take reasonable steps to preserve the the Card to be accepted at certain federal government agencies believe there is an error.if you need more information, privacy of individuals,and of business matters.ludgment upon and departments("Agencies").As with Card transactions at describe the item you are not sure about. the award rendered by the arbitrator may be entered in any commercial establishments.when}you choose ro use your Card if you have authorized its to pay your account statement court having jurisdiction.The arbitrator's decision will be final at an Agency.certain Charge information is necessarily. automatically from your savings,checking or other account, and finding,except for any right of appeal provided by the collected by us.Charge information(rum Card transactions at You can stop the payment on any amount you think is wrung. FAA.however,any party can appeal that award to a three- Agencies may hr used for processing Charges and payments, 'In slop the payment your letter must reach us three business arbitrator panel administered by the same arbitration billing and collections activities and may he aggregated fur clays before the automatic payment is scheduled to occur. organzation,which shall consider anew any aspect of the reporting,analysis and marketing activities.Additional Procedure After we Receive your Written Notice initial award objected to by the appealing party.The appealing "routine uses"of Charge information by Agencies are We will acknowledge your letter within thirty(30)days, party-shall have thirty(30)days from the date of entry of the published periodically in the Federal Register. unless we have corrected the error by then.Within ninety(90) written arbitration award to notify the arbitration organization days,we will either correct the error or explain why we believe that it is exercising the right of appeal.The appeal shall be filed l n.+nran c Products Notice with the arbitration organization in the form of a dated We identify insurance providers and products that may be the statement was correct. writing.The arbitration organization will then notify the other of interest to you.In this role we may act on behalf of the After we receive your letter,we will try to collect arty party that the award has been appealed.The arbitration insurance provider,as permitted by law.We receive amount you question or report you as delinquent.We can organization will appoint a three-arbitrator panel that will compensation from insurance providers that may vary-by continue to bill you for the amount you question,including induct an arbitration pursuant to its Code and issue its provider and product.Also,we may receive additional Finance Charges.You do not have to pay any questioned decision within one hundred and twenty(120)days of the date compensation or financial benefit when AMEX Assurance amount white we are investigating,but you are still obligated to of the appellants written notice.The decision of the panel shall Company or another American Express entity acts as the Pay the parts of your statement that are not in question. be by majority vote and shall be final and binding. insurer or reinsurer for these products.The arrangements we if we find that we made a mistake on your statement,You Location of Arbitration/Payment of Fees:Any have with providers,including the potential to insure or will not have to pay any Finance Charges related to any arbitration hearing that you attend shall take place in the reinsure products,may also influence what products and questioned amount If we did not make a mistake,you may federal judicial district of your residence.You will be providers we identify. have to pay Finance Charges,and you will have to make up any responsible for paying your share,if any,of the arbitration fees Notices missed payments on the questioned amounts.In either case, {including tiling,administrative,hearing and/or other fees) Any notice given by us shall be deemed given when we will send you a statement of the amount you owe and the provided by the Code,to the extent that such fees do not deposited in the US.mail,postage prepaid,addressed to you at date that it is due. exceed the amount of the filing fees you would have incurred if the latest Billing Address shown on our records. If you fail to pay the amount that we think you owe,we may report you as delinquent.However,if our explanation does not he Claim had been brought in the state or federal court closest Changing;till.Agrcvnwent.AsAgnment of th!,%gr: to,W' satisfy you and you write to us within ten(10)days telling us to your billing address that would have jurisdiction over the We may change the terms of or add new terns«)this that you still refuse to pay,we must tell anyone we report you Claim.We will be responsible for paying the remainder of any Agreement at any time,in accordance with applicable Iaw,We to that you have a question about your statement,and we will arbitration fees.At your written request,we will consider in may apply any changed or new terms to any them existing tell you the name of anyone we reported you to.We will tell good faith making a temporary advance of all ur part of your balances on your Account as well as to tuner balances.This anyone we report you to that the matter has been settled share of the arbitration tees for any Claim you initiate as to written Agreement is a final expression of the agreement between us when it finally Ls. which you or we seek arbitration.You will not he assessed any between the creditor and the debtor and the written If we do not follow these rules,we will not collect the first arbitration tees in excess of your share if you do not prevail in Agreement may not be contradicted by evidence ugany alleged x50 of the questioned amount,even if your statement was any arbitration with us. oral agreement.We may also sell,transfer or assign this correct. Continuation:This Arbitration Provision shalt sun ivr Agreement and the Account at any time without notice to You termination of your accounts as well as voluntary payment of You may not sell,assign or transfer your Account or any of Sped al Rule for Credit Card Purchases the Account balance in full by you,any legal proceeding by you your obligations under this Agreement. if gnu have e problem with the quality of property or or us to collect a debt owed by the other,any bankruptcy by services that you purchased with the Card,and you have tried you or us,and any sale by us of your Account(and in the case Assignment of C mains in good faith to correct the problem with the merchant,you of sale,its terms shall apply to the buyer of any of your In the event you dispute a Charge and we credit your may not have to pay the remaining amount due on the Account Ea ce i as otherwise provided in the"Restrictions on Account for all or part of such disputed Charge,w't' property P p ( rty or services.There are two limitations to this.(a)You Arbitration"provision above,if any portion of this Arbitration automatically succeed to,and you are automatically deemed to must have made the purchase in your home state or,if not Provision(other than the"Restrictions on Arbitration" assign and transfer to us,any rights and claims(excluding ton within your home state,within]W miles of your current provision)is deemed invalid or unenforceable,it shall not claims)that you have,had or may have against any third party mailing address,and(b)The purchase price must have been invalidate the remaining portions of this Arbitration Provision, for an amount equal to the amount we credited to your more than$50, the Agreement or any predecessor agreement you may have Account.After we make such credit,you agree that without our These limitations do not apply if we own or operate the had with us,each of which shall be enforceable regardless of consent you will not pursue any claim against or merchant,or dwe mailed you the advertisement for the such invalidity, reimbursement front such third parry for the amount that we property or services. it;aicer credited to your Account,and that you will cooperate with us if Note for Ohio Residents:The Ohio laws against we decide to pursue the third party for the amount credited discrimination require that all creditors make credit equally Our failure to exercise any of our rights under this Agreement,our delay in anforcing any of our rights,or our Applicahle I aw available to all creditworthy customers,and that credit waiver of our rights on any occasion,shall not constitute a This Agreement and your Account,and all questions about reporting agencies maintain separate credit histories oil each waiver of such rights on any other occasion. their legality,enforceability and interpretation,are governed by individual upon request.The Ohio Civil Rights Commission the laws of theState of Utah(without regard to internal administers compliance with this law. t:nr,sLmer:[+usin ss Reports principles of conflicts of law),and by applicable federal law.We You authorize us to request consumer and/or business as located in Utah,hold your Account in Utah,and entered repots about you to make whatever credit investigations we into this Agreement with you in Utah. deem appropriate,to obtain and exchange any information we may receive from consumer or business reports and other AMERICAN EXPRESS BANK,FSB sources,and to use such information fur any P uc P oses,subject to applicable lawn. 7o American Ifxprces Cardmcrnbern ire,he flitted�nrr.ti You authorize us to furnish information concerning your And Its 1crritnries Once you enroll in Pay By Computer,Pay By Phone or any Account to consumer reporting agencies,or others,subject to Billing disputes procedure-Keep This Notice For Futtue other American Express Electronic Funds Transfer service applicable law.If you believe information we have furnished Use (hereafter the"Program"),you will be subject to this about your Account to a consumer reporting agency is This notice contains important information about our Electronic Funds Transfer Agreement(the"EFT inaccurate,you should write to us at.American Express Credit billing dispute procedures. Agreement"), Bureau Unit,P0.Box 7871,Ft.Lauderdale,FL 33329-7871 and Notify Us in Case of Errors or Questions About Your Card Scope of Agreement identify the specific information)you believe is inaccurate. Account Statement This EFT Agreement covers your participation in the You are hereby notified that information about your If you think your statement is wrong or if you need more Program.In this EFT Agreement,the words"you"and"your" Account that may have a negative impact tin your credit record information about a transaction on your statement,write us on refer to the Basic Cardmember and also include all Additional may be submined to a credit reporting agency if you fail to a separate sheet of paper at the address for billing inquiries Cardmembers who have enrolled in the Program.The words fulfill the terms of your credit obligations. listed on your statement.Write to us as soon as possible.We "we:"our"and"tie refer to American Express Travel Related fc-idpfiarrr:Pgi mitorin !%rcmrdhri; must hear from you no later than 60 days after we sent you the Services Company,Inc.The words or American Express You agree that from time to tune we may monitor and/or first statement on which the error rr prohlem appeared.You Accounts"refer to your card account governed by your record telephone calls between you or Additional can also telephone us,but doing so will not preserve your Cardmember Agreement("Card Account")or any other rights under this procedure. American Express Accounts that we permit you to enroll in the FDR 899847 4 CD251 9_FDRrt99F47__J>12.gxl,:FDR815i-9 9/26/07 6:05 PM Page 5_(f�e I Program.'fhe svords'lyour Bank Account'refer to ihr a taunt q ri:::::a I:.is Program is inactire for I8 eunsecmice months or more,or d held by a back,seturines firm or other tinan ial institution 'the Card Account is governed by the Cardmember the Card Account is no longer in good standing. hom which pvmeni will be made when you make Agreement contained herein.The Arbitration provision In addition to the foregoing,we may revokeyour right it) transaction;under the Program.The words'yuur bank"mean contained within that agreement applies to this EFT participate in the Program,at anv time,at our sole discretion, the bank,securities firm or other financial institution that Agreement.Please refer to that provision as you read this EFT with or without cause,subject to applicable law.if w•e do so,sve holds your Rank Account.The wards"other options"refer to Agreement will send you written notice,but we may not send you the electronic payment transfer options and/or other cash access prlv,;v. notice until after the revocation We also have the right to deny that.American Express may make available from time to dine. Electronic funds transfers you initiate pursuant to this EFT authorization for any requested transaction,at any tune,at our including theopoon to pay your Account bill electronically Agreement are covered by the.American Express Private sole discretion,with or without cause,and without giving you using a computer,phone or other device. Policy,a copy of which was given to you together with your notice,subject to applicable law.You may terminate your Your Account is governed by the Cardmember Agreement American Express Card.To slew our Privacy Policy online, participation in the Program but you most do so by writing to that is attached to this EFT Agreement.That agreement and please visit americanexpress.com. us at the address disclosed in the Section of this F.FT the capitalized terms in it also apply here. }'[act fit t anlUtl f Agreement entitled How to Contact Us.1, Pa"ment to,I sh Transacts°r" If for any reason you wish to contact us about the Program, Prior Agreements and A>sieaneents Each timeyou initiate a transaction nuclei the Program, about your participation in the Program,or about transactions This EFT Agreement supersedes all prior agreements you YOU instruct and authorize us or our agent to draw a check or relating nr the Program,write or call us as follows: may have with us relating to the Program.We have the right to initiate an automated clearing house("ACH')debit in your Address American Express Travel Related Services assign this EFT Agreement to a subsidiary or affiliate company name on your Bank Account,payable to us or to our agent,in Company,inc.,Electronic Funds Services,P.O.Box 297815,Ft. at any time. the amount ofthe transaction The amount ofthe transaction Lauderdale,FL 33329-7815 or e-mail us byclicking on the AMERICAN EXPRESS TRAVEL RELATED SERVICES is the amount of the Account bill you paid or other funds Customer Service link online at ww.americanexpress-com. COMPANY,INC. transfer you authorized,plus any applicable fees or charges. Telephone:1 800-CASH-NOW,24 hours a day,seven days a W'e may charge a fee of S38 for each check or ACH debit week. Note for Adamachusctts Residents drawn by us or our agent in connection with the Program that General Disclosure Statement:An documentation is not honored upon first presentment,subject to applicable 111 Case of Errors ar Questions About Sour Trvisacticros y such for f e lase.Your bank may also assess its customary char h Write or call us at the number or address given above as provided to you which indicates that an electronic funds g transfer was made shall be admissible as evidence of such items,if any. soon as you can if sou think your statement or receipt is wrong or if you need more information about a transaction listed on transfer and shall constitute prima facie proof that such Dishulaofed Requests for Pamn your'statement transfer was made. tatement or receipt.We must hear from you no later than If any check or ACH debit drawn by us or our agent in 60 days after we sent you the FIRST statement on which the The initiation by you of certain electronic Funds transfers connection with the Program is not honored by your bank,we problem or error appeared.If you are delayed in contacting us from your Bank Account will,except as otherwise provided in have the right to charge the amount of any such transaction, due to extenuating circumstances(such as a hospital stay),wr this EFT Agreement,effectively eliminate your ability to stop and the dishonored payment fee referred to above,to the Card payment ofthe transfer. may extend this 60 days for a reasonable time. Account or to collect the amount from you.If this happens,we f, I'rfl us your name and Account number- UNLESS OTHERWISE PROVIDED IN IIIIS EFT may cancel your right to participate in the Program_ 2. Describe the error or the transaction you are unsure AGREEMENT,YOU MAY NOT STOP PAYMENT OF For certain Bank Accounts,you may have a separate ELECTRONIC FUNDS TRANSFERS;THEREFORE,YOU about,and explain as clearly as you can why you believe it is an agreement with us or with a participating hank,securities error or why you need more information. SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR firm,or other financial institution that allows a line of credit to 3. Tell us the dollar amount of the suspected error. PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED be accessed in the event that your Bank Account contains If you tell us orally,we may require that you send us your THAT YOU WILL NOT NEED TO STOP PAYMENT. insufficient funds to make payment to us.You should refer to ll Disclosure of Account information to Third Parties:If complaint or question in writing within I business days' m fro the appropriate agreement relating to that line of credit for the the date you notified us. you give us your written authorization to disclose information terms and conditions that govern its use We will tell you the results of our investigation within 10 about you,your Account or the transactions that you make to IJ.vbdity;m t-nsmtho!;c <!1,.t r;,+sti:,:v:;•.nu ;,!•.:+sbiht,nt business days'after we hear from),no and we will correct any anyperson,that authorization shall automatically expire 45 Prompt Rrpornnst error promptly.If we need more time,however,we may rake up days after we receive it. You must tell us AT ONCE if you believe a transaction to 45 calendar days to investigate your complaint or question. Optional Limit on Obtaining Cash:You have the option under the Program has been made without your authorization. If we decide to do this we will assure that your bank recredits to request that we limit the total amount of cash that you may Telephoning is the best way of minimizing possible losses.If a your Bank Account within 10 business days'for the amount obtain from ATMs in a single day to 350.if you elect this transaction was unauthorized,and within two days after you you think is in error,so that you twill have the use of the money option we will take all reasonable steps to comply with your learn about it you notify us that the transaction was during the time it takes us to complete our investigation.If we request. unauthorized,we will not hold lout liable for that transaction. ask you to put your complaint or question in writing and we do "For Massachusetts n,sidenrs 111, drrys instrad t f In any event,even if you fail to notify us your liability for am not receive it within 10 business days following your oral Business duels. unauthorized transac'unn or series of related unauthorized notification,we may,not recredif your Bank Account. transactions shall not exceed$50-If you believe that someone if notification of an errur is received within 30 calendar has transferred or may transfer money from your Bank days after your Bank Account is opened,we will have 20 Account without permission,call:]-800-528-4800(within U.S.) business days to provide you with the results ofour or 1-336-393-It 11(outside U.S.)anytime,or write:American investigation and correct any error,and 90 days to complete Express Credit Department,PO.Box 53830,Phoenix,Arizona the investigation 85072-3830 If we determine that there was no error,we w•JI send you a Our Eiabilit<for lrupaiper If nsacttuus or Pasments written explanation within three business days after we finish If a transaction is not completed as you have directed or if nor investigation.Upon your request we will provide you with we do not complete a transfer to or from your Bank Account on copies of the documents that we used in our investigation.If time in the correct amount,we will research and correct it as we have provisionally recredited your Bank Account during the necessary,once you advise us.We will also reimburse you for investigation and determine that there was no error,we will your actual losses or damages,if any,caused by our error. notify You of the date on which we will redebit your Bank However,there are some exceptions We will not be liable to Account,and the amount to be debited.You should make you in the following instances: certain that your Bank Account contains sufficient funds to if,thrrurgh no fault of ours,your Bank Account does not cover this debit.if it does not,we have the right to charge such or did not contain enough money to complete the amount to the Account or to collect the amount from you.If transaction or the transfer would exceed an established this happens,we may cancel your right to participate in the credit limit; Program. if the funds in your Bank Account are or were at the time 'it nnination of the attempted transaction subject to legal process or ale,or any bank or financial institution participaturg in the other encumbrance restricting the transaction; Program,may add to or remove from the Program any or all if circumstances beyond ou.control(such as fire or ATMs or extend or limit the services provided at any location flood)prevent or prevented the transaction,despite without notifying you beforehand.in addition,we may reasonable precautions that we have taken; discontinue the Program at any time- if a tech nical malfunction known to you prevented the Your right to participate in the Program will be terminated transaction; or suspended if the Card Account is canceled or suspended,if or any other exceptions stated in this EFT Agreement, you cancel the authorization you have given your bank to ftu si rte>,Day directly charge checks to your Bank Account,if the Bank For purposes of this EFT Agreement,our business days are Account from which payment will bemade when you make Vlonday through Friday.Holidays are not included_ transactions under the Program is closed to withdrawal transactions by us or our agents,if your participation in the FOR 899847 5 �CDE S139_FDR899847_pi2.gxp:FL'R815199 9/26107 6:C5 PPi �Ras:e E r If eou bLy an zdd:tional,Crylrr'contract or an extended The benefits provided under the Buyers Assurance Plan warrant y for z computer,computer component or part apply only m you and additional Cardmembers on your that already comes s th an original US.manufacturer's .Account.Only you and chose persons have any legal or Description of Coverage way ram y,unless,uch coverage is provided from,and equitable right,remedy,or claim to insurance proceeds and/or 4, kiwi 7,v"ur.n ce Plan tt'ork, administered be,theortguial manufacturer,coverage damages underor arising from the Buyer's Assurance Plan. When a Cardmember charges the entire cost of a Covered under the Buyer's.Assurance Plan does not apply. Subiect it,the terms and conditions of the Plan,if the product with his or her Card Account,'the Buyers assurance 1'roda(t•- m,�(;' Cardmember is notified that any warranty has ended for any Plan will extend the terms of the original manufacturer's produu.,tea having manufacturers'warranties valid in reason(such as bankruptcy of the manufacturer or other warranty(or a period of time equal to the duration of the the!'S: responsible party),the Buyer's Assurance Plan will continue to original manufacturer's warranty,up to one additional year,on at the time of purchase,used,rebuilt,refurbished or provide coverage,not it)exceed one year from the date the warranties of five years or less that are eligible in the U.S. remanufactured items; Cardrnember is notified of such an event.The Cardmember Hen,Yon BJit products covered by an unconditional satisfaction may be asked to provide prnof in the form of a public The Buyer's Assurance Plan mirrors manufacturers' guarantee; announcement or other official documentation. warranties for covered products purchased entirely with motorized vehicles(such as cars,trucks,motorcycles, The Buyer's Assurance Plan is underwritten by AMEX your Card Account,up to one additional year. boats,airplanes)and their parts,subject to high risk, Assurance Company("Insurer"),Administrative Office,Green When your covered products manufacturers warranty combustible-car and tear,or mileage stipulations Bay,Wisconsin.This document serves only as a description of expires,die Buyer's Assurance Plan takes effect.The (including batteries,carburetors,pipes,hoses,pistons, coverage and is not a policy or cotttrad of insurance;the actual Buyer's Assurance Plan cannot pay more than the actual brakes,tires,or mufflers); terms,conditions and exclusions of Policy AX0953('Policy.1) amount charged to your Card for the item or S10,000; motorized devices and their parts used for agriculture, govern the Buyer's Assurance Plan.The Policy has been issued whichever is less(not to exceed$50,000 per landscaping,demolition or construction; to American Express Travel Related Services Company,Inc. Cardmember Account per policy year for all motorized devices and their parts which are permanent ("American Express"),the Policyholder.This document Occurrences combined). additions or fixtures to a residential or commercial replaces all existing prior Descriptions of Coverage for the Coverage is provided for any product malfunction,defect building; Buyer's Assurance Plan. or damage covered by the terms of the products original business fixtures,including,but not limited to,air warranty("Occurrence')-at no extra cost. conditioners,refrigerators,heaters; For items charged entirely with the Card,the program land or buildings: administrator will decide whether to have the item consumable or perishable items; Kenneth J.Ciak,President 'I imothy Meehan,Secretary repaired or replaced,or to reimburse you(cash or animals or living plants; AMEX Assurance Company AMEX Assurance Company credit'),not to exceed the original purchase price The one-of-a-kind products which cannot be replaced; 6717-11-01 Buyers Assurance Plan does not reimburse for shipping items purchased for resale,professional,or commercial 1 For those eligible and enrolled in the Membership Rewards and handling expenses or installation,assembly, use, pnwant,the entire cost of a covered product may also be prufess)nnal advice,maintenance or other service items still under instalbnent billing(except those purchased through redemption of a,kIcnbership Rewards charges' purchased from.American Express Merchandise program rerfenrption certificate. Where the personal property consists of articles in a pair Services);and 2 Credit reimbursement does not apply to New York State or set,this Policy shall be liable for one item in the pair products with manufacturers'warranties,or combined residerrts. or set which form the basis of daim hereunder manufacturers'warranties and service plan agreements, 3. For those eligible and enrolled in the Membership Rewards No product registration orenrollment is required for any lasting in excess of five years- program,payment or credit will ant exceed the original assigned covered products,including gifts purchased for others, Oecur,en•es ;,•rt..•rrsd value ofthe personal property received through redemption oja Membership Rewards program redemption certificate up to the \Ftau is Cn,geed any physical damage,including damage as a direct result stated limits,excluding shipping and handling expenses. You are covered under this Plan and coverage remains of natural disaster or a power surge,except to the extent 4. Important note fur those enrolled in the Membership effective as long as you are a U.S.Resident Cardmember,that the manufacturer's warranty covers damage; Rewards program:A Membership Rewards program redemption is,the American Express Card has been issued to you in your Occurrences caused by any of the following:fraud; certificate can only be redeemed byehgible Cardmembers. name,and you maintain your Permanent Residence within the abuse;war or hostilities of any kind(e.g.,invasion, Benefits will not be paid whet)a Membership Res•ard<program 50 United States of America,the District of Columbia.Puerto rebellion,insurrection);confiscation hyorder of am• redemption certificate has been transferred emsh to ern and spre Rico or the U.S Virgin lslands.` government,public authority,or customs official:risks redemption ce aud/ar non-been tnemhers. Your Permanent Residence is considered your primary of contraband:illegal activity or acts;radioactive C Does not apply to New Car York Stole residents. dwelling place. contamination; 5. n.:lean,',Rnos, mechanical failure covered under product recall; Benefits will not be paid if,on the date of Occurrence,on all Occurrences that take place outside the Buyer's the date of claim filing,or on the date of would-be claim Assurance Plan coverage effective period Dellyiption of Cnyera�e payment,any amount due on your Card Account is ilo,to Flt:,(L,in Underwritten by AMEX Assurance Company, unpaid for one or more billing cycle(s)or your Card Remember,you need to report any Occurrence Administrative Office,480 Pilgrim Way,Green Bay, Account is canceled.' immediately,including that for gifts purchased with the Card. Wisconsin You must provide proof of purchase and.satisfactory Remember also,you need to retain your receipts,the original proof of the covered Occurrence while coverage is in manufacturer's warrant and the product requiring repair until Purchase Protection provides coverage se when r purchases effect to qualify for benefits under the Buyers Assurance the claim process is complete You may also be asked to obtain for ninny(90)days from the date of purchase when You Plan Remember to keep all your American Express a repair estimate. Accrue any portion a the price of the purchased item[c Your charge receipts,original store receipts,original I Call toll-free I-800-22 -3750 to notif•us of your claim Account.you will be reimbursed only for the amount charged manufacturers'warranties,and products re uuinv } to four Account (See Description of Benefits section) P q (overseas,call collect at t-303-273-6498). repair Note:lou must report your(faint within 30day:c from the Detiuitions If you purchase an additional service contract or date ufOc(urrence. Certain words used in this Description of Coverage are extended warranty with a product which is otherwise 2. The program administrator will decide whether to have capitalized throughout and have special meanings. Wherever eligible under the Buyers Assurance Plan,and the used herein,the singular shaft include the plural,the plural g P Y 6 the item repaired a replaced,or to reimburse you(cash or shall include the singular,as the context requires. combined coverage provided b both the original credit'),up to the amount charged to the Card,and not to manufacturer's warranty and the purchased service exceed the original purchase price The Buyers Assurance Plan Account means Your American Express Card Account. contract does not exceed five years,then the product is does not reimburse for shipping and handling expenses or Cardmember means a person who has been issued a eligible for coverage under the Buyer's Assurance Plan. United States of America based proprietary American Express installation,assembly,or other service charges.' Card,which is Current and in Good Standurg,and who has a The Buyers Assurance Plan will extend the warranty Note:No payment will be made or invalid claims or claims time period and mirror coverage of the original p f Ycrmastrnl Residence n the i0 United States of America,the not substantiated in the manner required by the Drsur .r manufacturers warranty up to one additional year after District of Culumbia,Puerto Rico or the U.S.Virgin Islands.both the original manufacntrers warranty and the hw must return all requested documentation within 60 Covered incident means the theft of,or damage,whether Y Purchased srn�ice contras[have expired If,however,you coveradays from the date of Occurrenge. ce to remain eligible for b accident or vandalism,to any one item of property . purchase an American Express`Service Plan with a purchased worldwide as a gift or for personal or business use purchase from American Express Merchandise Services, -1 For some claims,you may be required to send in the and charged to Your Account. the Buyer's Assurance Plan will apply before the service damaged product,al your expense,for further evaluation of Company means.AMEX Assurance Company,and its duly plan is in effect.If the combined coverage of the original Yuur claim, authorized agents. manufacturer's warranty and the purchased service Note:](requested,you must send ire the damaged product Current and in Good Standing means a Cardrnember contract exceeds five years then the product purchased is within 30 days from the dote of request to rentain eligible for Account for which the monthly nummurn requirement has nut eligible under the Buyer s.Assurance Plan and no coverage, been paid prior to the date in which the claim is payable. o coverage applies. :?daition-d Ini::trmatio,r for Fns Master Policyholder means American Express Travel Related Services Company,Inc. FOR 899847 6 ` ICD2SI39_FD]3899847_p12.gxp:FDR815199 S/26107 6:05 PM Page Permanent Residence means the one primary dwelling 3 rare stamps or coins; thin•(30)days(fur residents of North Daktua sixty f 60)dae.$) place where the Cardmember resides and to which they intend -i. consumable or perishable items with limited lite.span, from the date of Our requcsi to remain eligible for euxcrage. to return. (including,but not limited to,perfume light bulbs,liaieries); Plan means the Policy and the benefits described therein. 5. antique or previously owned items; Payment of Claim Platinum Cardmember means a Cardmember who has a n. motorized vehicles a` watercraft,aircraft,and A claim for benefits provided by this Plan will be paid upon Our receipt and revie Platimmm Charge Card(required to be paid in full monthly),a motorcycles or their motors,equipment,parts or accessories, w of Your complete Proof of Loss Corporate Platinum Card,or a Fidelity American Express and documentation and Our determination that a claim is payable Platinum Card. Any other Card which may reference the stolen or damaged pr perty consisting of articles in a according to the terns of the Plan. Platinum name or has Platinum colored plastic will not receive pair or set Coverage will be hin tied to no more than the value Ant'payment made by Us in good faith pursuant to this or higher coverage limits a benefits. of any particular part or parts,unless the articles are wnusable any umber provision of this Plan will fully discharge Us to the extent of such payment. Policy means the Group insurance Master Policy(.4X0951 individually and cannot he replaced individually,regardless u( issued to American Express Travel Related Services Company, any special value they may have had as part of a set or If other insurance is available nr You which provides the Inc.). collection, same or similar coverage as that provided by this Plan,this Plan becomes excess and VVe will pay only that portion of the We,Us,Our means the Company. Claims Provisions You,Your means the Cardmember. If You experience a loss for which You believe a benefit is Covered Incident benefit which is not reimbursed by other Ile:criptir>rt of Brnefi is payable under this Plan,You must provide both Notice of Insurance up to Our limits,as provided under the Description We will pay You the expense charged to Your Account up to Claim and Proof of Loss. of Benefits section. S 1,000 for any one Covered Incident and up to 550,000 for all To insure prompt processing of your claim,report any theft (general protision, Covered Incidents during a calendar year. Purchase Protection or damage immediately following the date of the Covered Change of Permanent Residence provides benefits,for ninety(90)days frnm the date of Incident,including for gifts purchased with the(lard. Retain If the change is to a different state,Your Policy provisions purchase,if a Covered Incident occurs with respect to property Your receipts and Your damaged property(if applicable)until may be adjusted to conform to the requirements of that state. You purchased and charged to Your Account.Our benefit the claim process is complete. Clerical Error payment will not include shipping and handling expenses or Notice of Claim A clerical error made by the Company will not invalidate installation,assembly,professional advice,maintenance or Notice of Claim should be provided to Us within thim•(30) insurance otherwise validly in force nor continue insurance not other service charges or any product rebates,discounts or days of the lost.You may contact Us by calling toll-free validly in force. money received from lowest price comparison programs that stateside 1-800-322-1277 or,if tram overseas,by calling collect Conformity with State and Federal Law reduced the original cost of the property- 1-303-273-6498.Ynu may also write to Us at Purchase Our payment of any eligible benefit amount is further Protection,PO Box 402,Golden,CO 80402-0402. If a Plan provision does not conform to applicable contingent upon Your Account being Current and in Good Failure to provide Notice of Claim within thirty(30)days Provisions of State or Federal law,the Plan is hereby amended Standing, will not invalidate a claim or reduce am-benefit payment that to comply with such law. Only a Cardmember has a legal and equitable right to any may be found to be eligible,if it can be shown that it was Entire Contract;Representation;Change insurance benefit that may be available under this Plan. provided as soon as reasonably possible.At the time You This Description of Coverage,the Policy and any I Allusion, provide Us with Notice of Claim,We will assist You with Your applications,endorsements or riders makeup the entire Benefits are not payable if the loss for which coverage is Proof of Loss by providing You with instructions and/or contract.Any statement You make is a representation and not sought was directly or indirectly,wholly or partially, documents,which You may have to complete and return to Us a warranty. This Description of Coverage may be changed at contributed to or caused by You are required to cooperate with Us and provide any tone by written agreement between the Master I war or any act of war,whether declared or undeclared; documentation as requested by Us which is required and Policyholder and the Company.Only the President.Vice- ', any activity-directly related to and occurring while in necessary to process Your claim and determine if benefits are President or Secretary of AMEX Assurance Company may the service of am'armed m i(ary force of any nation state payable, change or waive the provisions of the Description of Coverage- recognized by the United Nations; For residents of Missouri,no claim will be denied based No agent or other person may change the Description of '. participation in a riot,civil disturbance,protest or upon Your failure to provide notice within such specified time, Coverage or waive any of its terms.This Description of insurrection; unless this failure operates to prcjudice the right of Us. Coverage may be changed at any time by providing notice to violation Lila criminal law,offense or infraction; Proof of Loss You.A copy of the Policy will be maintained and kept by the 5. natural disasters,including,but not limited to, Proof of Lms requires You to send Us all the information Master Policyholder and may be exaunined at any time. hurricanes,floods,tornados,earthquakes or any other event in We request,at Your expense,in order that Yourchim mac he Excess Coverage the course of nature,that occurs at the gone time or in separate evaluated and that We may make a determination as to It any loss under this Policy is insured under any other instances; whether the claim may be paid. You must provide Us with valid and collectible policy,then this Policy shall cover such t,. fraud or abuse or illegal activity of am'kind by the satisfactory Proof of Loss within thirty(30)days(fur residents loss,subject to its exclusions,conditions,provisions and other Cardmember, of North Dakota sixty(60)days)after We have provided You terms herein,only to the extent that the amount of such loss is cunfiscaIion by any governmental authority,public with instructions and/or a claim form in response to Your in excess of the amount of such other insurance which is authority,or customs official; Notice of Claim or Your claim maybe denied Your Proof of Payable or paid. *. negligent failure of a duty to care by any third party in Loss documentation may he mailed to Us at the same address Fraud whose possesmnn the property purchased by a Cardmember provided above for mailing Your Notice of Claim We reserve If any request for benefits made under the Plan is has been temporarily placed; the right to request all the information We deem necessary to determined to be fraudulent,or it any fraudulent means or not being reasonably safeguarded by You; determine that Your claim is payable,and We will not consider devices are used by You or by anyone acting on Your behalt to i 0. theft from baggage not carried by hand and under Your that Wre have received complete Proof of Loss until the obtain benefits,all benefits will be forfeited. personal supervision or under the supervision of a traveling information We have requested is received. We do not provide coverage to a Cardmember who, companion known by You; Proof of Loss may require documentation consisting of,but whether before or after a loss,has: I.concealed or 1 1. damage through alteration(including,but not limited not necessarily limited to,the following misrepresented any fact upon which we rely,if the to,cutting,sawing and shaping); 1. a Purchase Protection Claim Form; concealment or misrepresentation is material and is trade with 12. normal wear and tear,inherent product detect or 2. the original itemized store receipt; the intent to deceive-,or 2.concealed or misrepresented any manufacturer's defects or normal course of play; 3. the insurance declaration forms for Your other sources fact if the fact misrepresented contributes to the toct. 13. damage or theft while under the care and control of a of insurance or indemnity(e.g.,homeowner's or renter's common carrier, insurance); Legal Actions I I. food spuilage; No legal action may be brought to recover against this Plan -I.at an unoccupied cuns 1 leaving proper!}' a photograph of and/or repair estimate for the damaged until sixty(60)days after Proof of Loss has been received by leaving site;or property;and 16 items stolen from motor vehicles. for theft and vandalism claims,a report regarding the Us.No such action may be brought after three(3)years(for For residents of Washington,the first paragraph of this stolen or vandalized property muss[be filed with the g residents of years) t five(6)years and residents s is required section is removed and replaced with the following:We will not appropriate authority before You call to fife a claim under ten(l0)years)Crum the time written Proof of loss is required pay for loss caused by any of the excluded events described Purchase Protection. [o be given. below. Loss will be considered to have been caused by an No payment will be made on claims not substantiated in 1t a time re limit of this Plan m Tess than allowed by the laws of excluded event if the occurrences of that event directly and the manner required by Us. the state where You live,the limit is extended to meet the solely results in loss,or initiates a sequence of events that result If all required documentation is not received within ill it[y minimum time allowed bvsuch lave. in loss,regardless of the nature of any intermediate or final (30)days(for residents of North Dakota sixty(60)days)of the Right of Recovery event in that sequence, date of the Covered Incident(except for documentation which It We make a payment to You under this Plan and You Pu cha>cr::'soI(.rev.r ed has not been furnished for reasons beyond Your control), recover m amount from another,equal io or less than Our The following purchases are not covered: coverage may be denied.It is Your responsibility to proNnde all payment,You shall hold in trust for Us the proceeds of the t travelers checks,tickets of any kind,negotiable required documentation We request. recovery and reimburse Us to the extent of Our payment.If instruments(including,but not limited to,gift certificates,gift You may be required to send fn the damaged property at Our payments exceed the maximum amount payable under the cards and gift checks),cash or its equivalent; Your expense for further evaluation of Your claim.It benefits of this Plan,We have the right to recover from You any _. animals or living plants; requested,You must send in the damaged property within amount exceeding the maximum amount payable. FDR 899847 7 —4— C1325139.-FD'r59924 i plc. x FDR815i 99 9!26/07 6:05 PM Page b _. 4 p Subrogation Proofof Loss American Express'Commit nit e Business,American Ex press' In the event of an,payment under this Police,We shall be Proof of Loss requires You t send Us all the information Credit Card.Amrrican Express'Investment Management subrogated to the extent of such payment to all Your rights of We request,at Your expense,in order that Your claim may be Account Gold Card,American Express'Costco Cash Rebate recovery. You shall execute all papers required and shall du evaluated and that lire may make a determination as t» Credit Card,The American Express'Costco Card(IDC): everything necessary insecure and preserve such rights, whether the claim maybe paid You must provide Us with American Express'Costco Business Card.Bank of Hawaii including the execution of such documents necessary to enable satisfactory Proof of Loss within ninety(90)days after'Ne have Credit Card from American Express,Bank of Hawaii Gold Us to effectively bring suit or otherwise pursue subrog3bon provided You with instructions and./or a claim form in Credit Card from American Express,Best Rate Card,Blue for rights in Your name You shall du nothing to prejudice such response to four Notice of Clain or Your claim may be denied Business from.Junerican Express,Blue for Students",Blue subrogauun rights. Your Proofof Loss documentation may be mailed to Us at the from American Express,Business Capital Line from OPEN iVe shall be entitled Ina recovery as stated in these saute address provided above for mailing Your Notice of Clain. from American Express'",Business Gold Card from OPEN provisions only alter You hayc been fully compensated for We reserve the right to request all the information We deem fmm American Express"',American Express'Business damages by another party. necessary to determine that Your claim is payable,and We will Management Account from OPEN from American Express", For residents of Louisiana,the Right of Recovery, not consider that We have received complete Proof of Lnss Business Membership Rewards'Card,American Express' Subrogation and Excess Coverage sections are revised to until the information We have requested is received. Business Purchase Account from OPEN from American reflect: if the Company makes any payment under this Policy Proof of Loss may require documentation consisting at,but Express"',Buyer's Bonus Card,Continental OnePass Credit and the Cardi rcruber has the right to recover damages from not necessarily limited to,the following: 1.Purchase Card from American Express,Corporate Card fmm OPEN another,the Company shall be subrogated to that right. Protection Claim Form;2.the original itemized store receipt; from American Express"'including beginning with Account However,the Company's right to recover is subordinate to the 3.the insurance declaration forms for Your other sources of number 37134,Amencan Express'Business Cash Rebate Card Cardmember's right to be fully compensated insurance or indemnity(e.g.,homeowner's or renters from OPEN from American Express",Corporate Costco Card Termination or Cancellation insurance);4-a photograph of and/or repair estimate for the from OPEN from American Express",Delia SkyMiles' Coverage will cease on the earliest of the following: 1.the damaged property;and S.or theft and vandalism claims a Business Credit Card from OPEN from American Exprms", date You no longer maintain a Permanent Residence in the 50 report regarding the stolen or vandalized property must be Gold Delta SkyNlifes'Business Credit Card from OPEN from United States of America,the District of Columbia,Puerto Rico filed with the appropriate authority before You call to file a American Express"'.Delta Skybliles'Credit Card,Delta or the U.S.Virgin Islands;2.the date We determine that You or claim under Purchase Protection. SkvNljles'Options Card,American Express Executive Business someone on Your behalf intentionally misrepresented or fraud No payment will be made on claims not substantiated in Card from OPEN from American Express Gold American occurred; 3 the date file PuliC%l is cancelled:4-the date You the manner required by Us. Express Portfolio Credit Card,Gold Card,Gold Delta SkyMdes' are no longer a Cardmember;5-the date Your Account ceases If all required docwnentation is not received within ninety Credit Card,Gold Senior Card,Gold Student Card, to remain Cu Trent and in Good Standing;or 6.the date the (90)days of the date of the Covered incident(except for Membership Rewards'Credit Card from American Express, Plan is not available in the local ion where You maintain a documentation which has not been furnished for reasons Membership Rewards Option`s'Credit Card from American Permanent Residence. beyond Your control),coverage may he denied.It is Your Express,National Multiple Sckrosis Credit Card,Optima-Card Termination or Cancellation of coverage will not prejudice responsibility to provide all required documentation We Accounts,Optima'Cash Rewards Card,Optima'Gold Card, any claun originating prior to termination or cancellation request. Optima'Platinum Card,Optima'Platinum Cash Rebate Card, subject to all other terms of the policy. You may be required to send in the damaged property at Optima'Platinum Preferred Card,Personal Card,Personal The Company has file right In cancel the Policy at any time Your expense for further evaluation of Yuur claim.If Choice Card,Personal Senior Card,Personal Student Card, by sending a written notice at least forty five(45)days in requested,You must send in the damaged property within Platinum Cash Rebate Card,Platinum Delta SkzIDliles'Credit advance to Ycru at Your last known address The notice will ninety(90)days from the date of Our request to remain eligible Card,Platinum ShopRite Credit Card from American Express, include the reason for cancellation, for coverage. Starwo od Preferred Guest Credit Card from American Fxprrsx, Inrparlant A,!,htion.d inla111I.Aivn 1-or Yoo PP-RDRI-OR 05/07 The American Express'Gulf Card,The Fidelity American For those eligible and enrolled m the Membership Applicable far Resident.,of the State of South Dakoia Express'Card,The Fidelity American Fxpre-ss'Gold Card,The Rewards'program.benefits are also paid when die purchased The Legal Actions section is hereby removed in its entirety HHonors'Platinum Credit Card from American property is received through the redemption of a Membership and replaced with the following: Express.Binghamton Savings Bank Gold Credit Card from Rewards redemption certificate. Payment or credit will not Legal Actions American Express.Binghamton Savings Bank Business Credit Card from American Express,'the New York Knicks Card from exceed the original assigned value of the property received No legal action may be brought to recover against(his Plan American Express,The New York Rangers Card from through redemption of a Nlembeiship Rewards redemption until sixty(60)days after Proofof Loss has been received by American Express,The Small Business Card from American certificate up to the slated limits.excluding shipping and Us.No such action may be brought after six(6)years from the Express:or handling expenses. Benefits will not be paid when a time Proof of Loss is required to be Given. F. For$250,000 coverage,a Basic or Additional Membership Rewards redemption certificate has been PP/EV,-RDRI-SD 05/07 Cardmember who has a Rewards Plus Gold Card,Corporate Cardinernb to anon-eligible Cardmember or non- al>plicat:le for Rrsideats of the State of rinnorot Rewards Plus Gold Card or the extended payment account Caroms Desis In the Termination or Cancellation section the hollowing offered in conjunction issued by American Express Travel 'this Dex rCover g Coverage replaces any ether is removed: Related Services Company,inc.or its participating subsidiaries Description of Governor that You may have previously received for Purchase Prntzaior. o•a any time (American Express")The Company has the right to cancel the Policy " ill his or her name;or by sending a written notice at least forty five(45)days in c For$500,000 coverage,a Basic or Additional This Description of Coverage an important advance to You at Your last known address. The notice will Cardmember who has a platinum Card',Fidelity American document.Please read it and keep it in a safe place. include the reason for cancellation IN WITNESS WHEREOF,Fire have caused this Description Express Platinum Card`,American Express'investment And replaced with the following: Management Account Platinum Card.American Express of Coverage to be signed by Our officers: The Company has the right to cancel the Policy by sending Business Platinum Card'from OPEN from American Y_.ed; a written notice at least forty live(45)days in advance to You at Express",Lexrrs Platinum Card',American Express Platinum Your last known address. The notice will include the reason for Financial Services Card,1AC/iDC Platinum Card or the Kenneth) Ciak.President Thomas R.Moore,Secretary cancellation, extended payment account offered in conjunction issued by AMEX Assurance Compam AMEX Assurance Company PP/EW-RDRI-VT 05/07 American Express Travel Related Services Company,inc.or its PP-D0C-CSBN 102/0 ' participating subsidianes("American F xpress")in his or her 1' t f i�l name on a Platinum Card Account;or 3p In cab! main s io nor Cale lSlate nt ection ke ;1. For$1,500,OOO coverage,a Basic or Additional In the Trrrnination tar Cancellation section the following is removed: Cardmember who has a Centurion Card,American Express' Underwritten by AMEX Assurance Company Business Centurion Card'from OPEN from American The Company has the tight to cancel the Policy at any time Administrative Office,De Pere,Wisconsin Express`or the extended payment account offered in by sending a written unlace at feast forte five(45)oats in advance to You at Your fast known address.The notice will (Herein called"the Company") conjunction issued by American Express Travel Related include the reason for cancellation. Description of Co%crage Services Company,hic.or its participating subsidiaries And replaced with the following: Covered Persons:A person shall be a Covered Person under ("American Express")in his or her name on a Centurion Card The Company has the right to cancel the Policy at any time the Blanket Master Group Policy AX0948(the'Poticy)only if: Account;or by srndin�a written notice aL least seventy-five(75)days in 1. he or she is: e. the spouse,Domestic Partner or dependent child under advance to Yuu at Your last known address.The notice will a. For$100,000 coverage,a Basic or Additional age 23 of any eligible person described in(a),(b),(Q,(d) include the reason for cancellation. Cardmember who has any of the following Cards,or the above;and PP/F W-RDR 1-F1'05107 extended payment account offered in conjunction with any of 2 its or her Permanent Residence is or the 30 United the following,issued by Arerican Express Travel Related States,District of Columbia,Puerto Rico,or U.S.Virgin ,1pl;Lcziac our hc::idrn:,o;ttis-Gate nl Uregwa Services Company,Inc.or its participating subsidiaries Islands. In the Exclusions section the following are removed:4. (Express")in his or her name:American Express'Rewards Detimilii>ns violation of s i nminal law,offense or infraction;6.f tar Green Card,American Express'Preferred Rewards Green Accident whenever used in this Policy means an abuse or illegal activity of any kind by the<:ard ncnbrr; Card,American Express'Rewards Gold Card,American unexpected event which causes Injury and shall also include The Proof of Loss section is hereby removed in its entirety Express'Preferred Rewards Gold Card,American Express' exposure resulting from a mishap on a Common Carrier and replaced w th the following Business Card,American Express'Cash Rebate Card, Conveyance in which the Covered Person is traveling. FDR 599847 8 CD2513 9.-F-DR 5°3847 2-qXP:FE)R815199 9/2b76-1 6:05 PM Page Additional Carthiceralhicr means any inds%idual who,ha, received an A Merit an Lxpr<s,,Cwd at I he request tit a Bass, Nl;,wn I list hid'o iso jn I's I i I c4i F'T"'n A Basic'(artmember may designate a hentficiary or Cardmember for use in connection with the Basic In no event will multiple American Fxpress Cards obligate change a Previously designated beneticiary for himself/herself Cardmember's Arnett,an Express Card account. the Company to pay far more than tine loss sustained by any and h6lher sputisciDorrestit:Partner and dependent children American Express Card shall mean,unfessritherwoe one individual Covered Person as a result of any one Accident. who are not also Basic or Additional Carchrinembers,An specified,any at the Cards or Accounts listed above under The Company's obligation under the Policy will beeletermined Additional Cardmember may designate a beneficiary Covered Persons, according to the highest amount payable under the specific for himself/herselfand his/her spouse/Domestic Partner and Basic Cardmember means any individual who has asked American Express Card actually used to charge the Cowman dependent children who are not also Basic or Additional American Express to issue one or more American Express Carrier Conveyance farm for the Covered Trip as stated in the Cardrucinbers tit spouses/Domestic Partners or dependent Cards and ,ho has an American Express Card account. Benefit Amounts. children of Basic Cardruembers.No persons other than those Common Carrier Conveyance means an air,land or water In no cent will a Loss from an Injury while coverage is in stated above may designate or change a previously designated vehicle(other than a rental)licensed to carry passengers far force under the Policy AX0948 obligate the Company to pay beneficiary.For such designation or change in bec'me hire and available to the public. benefits tinder Policy AX0949,the Company's Business Travel effective,a written request,on a form satisfactory to the A trip is a Covered Trip it. Accident Insurance policy,in addition to any benefits payable Company,must be filed with American Express.Such 1. it is a trip taken by the Covered Person between the by the Company under the Policy AX0948.The American designation or change shall take effect as of the date it was point of departure and the finial destination as shown on the Express Cards listed under this Policy do not receive coverage signed by the designator provided that it has been received by Covered Persoifs ticket or verification issued by the Common under Policy AX0949 American Express,but any Payment of proceeds made by the Carrier Conveyance;and At:culcir(al Death and Ilisincribernicrit Benefit Company prior to receipt of such designation of change shall 2. the Covered farrsorts entire fare for such trip on that The Company will pay the applicable benefit amount as fully discharge the Company to the extent of such payment. Common Carrier Conveyance has been actually charged to a specific American Express Card account prior to any Injury. determined from the Table of Losses ifa Covered Person Claims suffers a Loss from an Injury while coverage is in force under Notice of claim must be given to AMEX Assurance Domestic Partner meant a person of the same or opposite the Policy;but only if such Loss occurs within 100 days after Company,Claims Administrative Office.ft)Box 19018,Green gender who incets the following requirements: the date of the Accident which caused the Injury.Benefits will Bay,WI 54307-9019 within 20 days,after the occurrence or 1. has shared a residence with the Basic or Additional. be paid for the greatest Loss.In no event will the Company pay commencement of any Loss covered by the Policy,or as soon Cardmember for the last 12 months and plans to continue for more than one Loss sustained be the Covered Person as the thereafter as is reasonably possible Notice given by or on doing so; result of any one Accident, behalf of the claimant to the Company at its Administrative 2. is not married to any other person and is not committed to another Domestic Partner; Description(it Bctjelif` Office,Or to any authorized agent of the Company,with 3. is at least IS years old; Common Carrier Benefit:This Benefit is payable ifthe information sufficient to identify the Covered Person shall he A. is not related to the Basic or Additional Cardmember by Covered Person sustains Injury as a result ofan Accident which deemed notice to the Company. blood closer than would bar marriage per state law;and occurs while riding solely as a passenger in,or boarding,or Payment of Claims 5. is financially interdependent with the Basic or alighting from or being struck by a Coinnion Carrier Benefits for Loss of life of a Covered Person will be paid to r Conveyance used an a Covered"Frig.Additional Cardinernber and documentation of mutual the designated berieficiary.Benefits for all other Losses financial support such as copies of joint home ownership Or f.ipes-sure and Disappearance sustained by 3 Covered Person will be paid it)the Covered lease,common bank accounts,credit cards or investments can If the Covered Person is unavoidably exposed to the person,if living,otherwise to the designated beneficiary.if be supplied. elements because of an Accident on a Covered Trip which more than cmeberieficiary is designated and the beneficiaries' Injury means bodily injury which- results in the disappearance,sinking or wrecking of the respective interests are not specified,the designated 1. is caused by in Accident which occurs while the Common Carrier Conveyance,and if as a result of such beneficiaries shall share equally.If no beneficiary has been Covered Person's insurance is in force under the Policy;and exposure,the Covered Person suffers a Loss for which benefits designated,or if the designated beneficiary does not survive 2. results Loss insured by the Policy;and are otherwise payable under the Policy,such Loss will be the Covered Person,the benefits will be paid to the first create-,a Loss tine,directly and independently of all covered under the Policy, surviving class of the following:I f spouse or Domestic Partner; other causes,to such accidental bodily injury- If the Covered person disappears because of an Accident no 2)children,equally perstirpes;and 3)the estate. Permanent Residence means the Covered Persons tine a Covered Trip which results in the disappearance,sinking or In determining such person or persons,the Company may primary dwelling place,where the Covered Person wrecking of the Common Carrier Conveyance,and if the rely upon an affidavit by a member of arty of the classes of permanently resides Covered Person%body has not been found within 52 weeks preference beneficiaries described above-Payment based upon Bettef-it Ano""It, after the date of such Accident,it will be presumed,subject to any such affidavit shall fully discharge the Company from all As a benefit irf CardinernberAp.the Covered Pier:;on nnsif there being no evidence to the contrary.that the Covered obligations under the Policy unless,ottore such payment is receive a benefit letel til S100,000-S250,000-5500,000- Person suffered Loss Of life 353 result of Injury covered by the trade,the Company has received at its Administrative Office 51,500,000 depending on the type of American Express Card Policy. written notice ofa valid claim by some other person(s).Any account used to s hinge rite Common Carrier Conveyan(efirrefor f itlerage Requiremovs amount payable to a minor may be paid to the marines legal guardian. ?Ire Covered I Tip.Please refer it)the Covered Persons section a'f A Covered Person will he fully insured for benefits under this DescriptiDti ril(ocerage ffy(iu are still utisti�u,hattenej*iI the Policy while taking a trip on a Common Carrier Time Limit on Actions level of- coverage applies to your American Fxpjess Card,please Conveyance only when the fare has been charged to the No action at law or in equity shalt be brought to recover contact tire CiortirnerService retner tall free member hired an specific American Express Card-Eligibility for coverage will tinder the Policy after the expirations of three years,five years the back o(your Caret,also shown on pour Card startmetit, remain in effect as long as the definition of a Covered Person is for Centurion Card,Corporate Centurion Card'from OPEN Lbleofl. 5� met. from American Express''",after the tune written proof ofloss is Loss of Life $100,000 $250M0 Preancons required to be furnished. Dismemberment The premium for this coverage is payable by American The benefits described herein are subject to all of the terms Loss of both hands or both feet $100, and conditions of the Policy. 000 S250.000 Express. This Description of Coverage Loss of one hand and One foot sli)(000 5'50,000 1 Wit'i"11% replaces any prior Description of Coverage winch may have Loss Of entire sight of birth eyes $100,000 S250,000 been furnished in connection with the Policy. This Policy not cover any Loss caused or contributed Loss of entire sight of one eye 10 by(1)inten'tionally self-inflicted Injury,suicide or any and one hand nr one foot 5100,000 $250,000 attempt thereat,while sane;(2)war Or any act of war whether Loss of one hand or one foot sso,fw $ 2-5,0M declared or undeclared;however,any act committed by an Kenneth).Ciak,President Timothy.Meehan,Secretary Loss of entire sight of one eye $50,000 S;25,0G0 agent of any gniternment,party,or faction engaged in war, 6713-11-01-COM Table of hostilities,or other warlike operations provided such agent is Notice to Florida Residents Only:The benefits of the Lass of Life 5500,000 SI—W.tsito acting secretly and not in connection with any operation of Policy providing your coverage arc governed primarily by the Dismemberment armed forces(whether military,naval or air forces)in the laws of a state other than Florida. Loss of both hands or hot It feet $500.000 51 500,000 cou nt ry where the Injury occurs shall not be deemed an act of 1. If,cifter reading this Description of Coverage, are still Loss of one hand and one foot 6500,000 S 1,500m0 war;(3)Injury to which a contributory cause was the unsure what benefit level of coverage applies to your American Loss of entire ire sight of both eyes 5500'000 S 1,500,w1 commission of or attempt to commit an illegal act by or on Express Card,please contact the Customer Service Center job. Loss of entire sight of one eye behalf of the Covered Person or his/her beneficiaries;(4)Injury I free number listed on the back nilyarn Card,alisoshown are Your and one hand or one toot $5001000 61.500,000 received while serving as an operator or crew member of any Card statement. Loss of one hand or one font 5250,000 S750,00f) Conveyance;(5)Injury received while driving,riding ass Loss of entire sight of one $250.000 $750,000 passenger in,boarding or alighting from a rental vehicle;or(6) Loss as used above with reference to hand or foot means sickness,physical or mental infirmity,pregnancy,or any complete and permanent severance through or above the wrist medical or surgical treatment for such conditions,unless or ankle joint,and as used with reference to eye means the treatment of the condition is required as the direct result ofa Description of Cmer"ge irrecoverable loss of the entire sight of such eye covered Injury- Car Rental Loss and Damage Insurance provides the Business Cardmember,(`Cardmember")if the Cardmember is the primary renter,(as defined below)with insurance coverage FDR 899847 9 iCD25139_FDR899647_p12.gxp:FDR615190 9!:'6107 6:05 PM Paae 10,+ fur damage m or theft of most Rental Auto.r,hen:he the closest facility dial are usual and customary in the nionuv agreement was in possession of control of the vehicle.ur, Cardmember uses the Card(as described below)fir charge 2nd in which the loss or disablement took place)impwwd he the driving the vehicle outside of the authorized rental territory): pay for an auto rental from any Commercial Car Rental Rental Companv,such as lowing or storage and Loss of Use. '. leased or mini-leased vehicles; Company("Rental Company")within the getgraphic scope of Lacs of Use means the unavailahihty of a Rental Auto and i costs attributed to the Commercial Car Rental the United States,its territories and possessions'This coverage consequent loss of revenue by the Rental Company due to Coin'party's normal course of doing business; is excess insurance. damage or theft.Unless otherwise required by law,the Rental I. intentional damage; Rental Auto means a four-wheeled,two-axle passenger- Company must submit a fleet utilization log indicating that > illegal activity such as losses where the Rental Auto was type motor vehicle,designed for and sold to accommodate during such time: used for,or involved in illegal activity or felony; Private passenger transport on public roads. i, no other Rental Auto was available;and l, pre-existing conditions,damage or defect; WhO is Elipible for Coverage 2. there was a demand for a Rental Auto. alcohol intoxication on the part of the driver,as defined You are eligible for coverage if: Car Rental Loss and Damage Insurance covers no other in the state where the Accident occurred; 1. You are a Basic or Additional Cardmember and on type of loss.For example,in the event of a collision involving 3. voluntarily taking any drug or acting under the American Express'Card or Optima'Card in association with the Cardmember s Rental Auto,damage to any other driver's influence or effect of that drug(unless taken as prescribed or that Card(the"Card")has been issued to you in your name; car or the injury of anyone or anything is not covered. administered by a Doctor); 2. You are of an account status and class that is provided Note:This policy dues not provide liability or any other 9. war or military activity; Car Rental Loss and Damage Insurance as a benefit of coverage su,h as Uninsured Alororists,benefits under an), 101 radioactivity; Cardmembership("Cardmember"); Worker's Compensation laiv,Disability benefits law or other 11-confiscation by authority; 3. Your-Card account is billed from a U.S.operating center mandated Government Plans. 12.wear and tear,including gradual deterioration; in U.S.dollars;and ''what Escess Coverage'+scans 13.damage which is due and confined to freezing, 4. You maintain your Permanent Residence within the 50 Car Rental Loss and Damage insurance is an excess mechanical or electrical breakdown or failure unless such United States of America,the District of Columbia,Puerto Rico insurance plan and is only available for Rental Autos rented in damage results from a theft covered by the Policy; or the U.S.Virgin Islands. the U.S.,its territories and possessions.This means that this 14.failure to return keys to the Rental Company when the Permanent Residence means the Covered Perso[is one excess coverage will reimburse the Cardmember only for vehicle is stolen; primary dwelling place where the Covered Person permanently losses/expenses not covered by plans,such as,a partial 15.theft or damage to unsecured vehicles; resides and intends to return. collision damage waiver,any personal auto insurance, 16.theft of or damage to tires(flats or blowouts),unless Commercial Car Rental Company or Car Rental employers auto insurance or reimbursement plan or other damaged by fire,malicious mixhieE,vandalism,or stolen, Company nxaac any commercial car renal agency which sou rtes of insurance-When these other plans apply,a unless the loss is coincident with and front the same cause as rents Rental Autos.'For the purposes of this Description of Cardmember must first seek payment nr reinbursemem and other loss covered by the Policy;and Coverage,Commercial Car Rental company means"Rental receive a determination based on the stated terms of such other 17.off-mad operation of the vehicle. Company.' Plans,that any such Plans do not provide coverage before this Car Rental Loss and Damage insurance does not cover,and liovv to Aveiro([•Coverage excess coverage will reimburse the Cardmember. benefits will not be paid for: Coverage fur theft of or damage to a Rental Awo is Vchirles Not C,overeJ 1. sales tax related to repair ofdamages,unless activated when the Cardmember.3 Car Rental Loss and Damage Insurance does not coyer reimbursement of such sales tax is required by law; 1. presents his or her eligible Card to the Rental Company rentals ref. ?. damage to any vehicle other than the Rental Auto; to reserve the Rental Ault),by making a reservation;or by 1. expensive cars,which means cars with an original 3. damage to any property other than the Rental Auto, placing a hold or deposit at the time the Rental Auto is checked manufacturers suggested retail price of 550,000 or more when ,Write>s property,or items not permanently attached to the out; new; Rental Auto; 2. declines the full Collision Damage Waiver or similar 2- exotic cars regardless of year or value,including but not 1. the injury of anyone or anything; Option(CDNV),or pays for a partial collision damage waiver, limited to Chevrolet Corvette.Toyota Supra,Mazda Roc-7, 5. expenses assumed,waived or paid for by the Rental offered by the Rental Company; Dodge Viper and Stealth,PIvmuudv Prowler,Mitsubishi 3000 Company or its insurer; >. is the primary renter,which is defined as the (3-1,Nissan 3007X,Jaguar X)S,Acura NSX,Mercedes S1,SLK, 6 expenses covered by the Cardmember>s personal auto Cardmember,who is named on the written agreement frith the S Coupe and E320 Coupe and Convertible,BMW M3,Z3 and S usurer,employer or employer's insurer,or authorized driver's Rental Company as the person renting and taking control and Series,Cadillac Allante.All Porsche,Ferrari,Lamborghim, insurer; possession ofthe Rental Auto("Primary Renter".);and Maserati,Aston Martin,LOms,Bugatti,Vector,Shelby Cobra, value added tax ar similar tax,unless reimbursement of 4. uses the Card to pay for the entire auto rental from the Bentley,Rolls Royce; such tax is required by law; Rental Company at the time Of vehicle return. ; trucks,pick-ups,cargo vans,custom cats; S. diminishment of value; Coverage continues in effect while the Cardmember 1 fall-sized vans,including but not limited to Ford and 9- any Rental Auto used for hire or commercial purposes; remains in control and possession of the Rental Auru.A Econoline or Club Wagon,Chevy Van or Sporivan.GMC Cardmember,who is physically challenged and unable to Vandura and Rally,)lodge Rain fans and Ran[Wagon; 10,depreciation,unless reimbursement fordepreciation is operate the Rental Auto,may he the Primary Renter if he/she is 3. vehicles which have been customized or modified from required by law. the Cardmember s ber entering inhn the rental transaction the manufacturers factory specifications for driven Ihq,to Fife a Claim Whc[r Coverage rcrinincti<:,c assistance equipment for the physically challenged; Notification of damage,including vandalism,theft,or an Coverage for theft of or damage to the Rental Auto 0, vehicles used for hire or commercial purposes; accident must be reported to the appropriate law enforcement terminates when: -, mini-vans used for commercial hire: agency as soon as reasonably possible.This requirement 1. the Rental Company resumes control of the Rental Note:Passenger Mini Vans(not Cargo Atniri-tans)rvitit applies regardless of whether the Rental Auto is involved with Auto,or 30 consecutive days after the Rental Auto was checked factory specPied seating capacity of 8 passnrgers or less, other vehicles.Faihue to notifi may result in denial of benefits. ou t,whichever is earlier;or including but not limited to Dodge Caravan.Plymouth Voyager, If a loss occurs,a Cardmember should promptly notify the the Policy is cancelled Ford Et indstar ant!Nissan Quest are covered when rented for Car Rental Loss and Damage Claims Unit hull free at(800_)338- Lcngth(it Co wa•rage personal or business use omfly 1670 in the U.S.only or can(4 0)914.2950 from other Car Rental Loss and Damage Insurance covers eligible 8. antique cars,which means cars that are 20 years old or locations worldwide_if the failure of a Cardmember to Rental Autos when rented under a written rental agreement have not been manufactured for 10 or more years; promptly report a loss prejudices the rights of the Insurer,the from a Rental Company for no more than 30 consecutive days- 4. iimousines; claim may be denied Note:hi naevent shall coverage be provided when the 11).full-sized sport utility vehicles including but not li nited A representative will answer any questions a Cardmember Cardmember rents it Rental Auto beyond 30 consecutive days to Chevrolet/GAIC Suburban,Tahoe and Yukon,Ford may have and win send the Cardmember a claim form with from the same Rental Company,regardless of;vhethe tire • Expedition,Lincoln Navigator,Toyota Land Cruiser.Lexus instructions.Complete and sign the claim form.Written proof IX450,Range Rover or full-sized Ford Bronco; of loss,which includes the claim form and all other requested entered!agreement is extended,or a new written agreement is 11.sporUutility vehicles when driven"off-road";and (listed below),must be received within 60 days entered into,ova new vehicle is rented documentation ) Additionally,no coverage will be provided when the Note:Compact sport/utility vehicles,including bill not fulluwing the date of the damage or theft by:American Express Primary Renter rents a Rental Auto for more than 30 limited to Ford Explorer,Jeep Grand Cherokee,Nissan Car Rental Loss and Damage Claims Unit,P.O.Box,94729, consecutive days out of a 45-day period within the same Pathfinder,Toyota Four Runner;Chevrolet Blazer and fsuzu Cleveland,Ohio 44101-4729.If the proofof loss and other geographic maiket/location(75 mile radius). Trooper and Rodeo are rovered when driven on paved roads. documentation is not received within 60 days of the date of 12.off-road vehicles,motorcycles,mopeds,recreational loss,coverage may be denied. What is l'"[rreo vehicles,golf or motorized carts,campers.trailers and any Required documentation may consist of,but is not limited Car Rental Loss and Damage Insurance reimburses a Other vehicle which is not a Rental Auto. to: Cardmember for payments for damage to or theft of a Rental tosses\ut Cor-erect 1. our signed and completed claim form; Auto that the Cardmember is required to make,up to the lesser 2. an itemized repair bill; Of-(1)the acm al cost to repair the Rental Auto,(2)the Car Rental Loss and Damage Insurance dues our cover ;. a COPY of charge slip for the rental of the Rental Auto, or wholesale Book value minus salvage and depreciation costs, losses caused by or contributed by: 1. operation of the Rental Auto in violation of the term; Rental Auto Contract or machine-generated receipt to shorn (.3)the purchase invoice price of the Rental Auto mints salvage and conditions of the Rental Company agreement(including rental was charged and paid for with an American Express and depreciation costs.The coverage also reimburses the Card; Cardmember for reasonable charges(those charges incurred at but not limited to losses occurring when:a person not permitted to operate the vehicle pursuant to terms of the rental t a police report(if applicable?: photos of the damaged vehicle,if available; FDR 899847 10 CD25139-_FDR899847_T,I,'-gxp:;=DR815199 9/26107 6:05 PM Page 7' a copy of the Cardin,mbcr's,authorized driver.,or Kenneth f Ciak,President fart R Johnston.Secrelari the combined influence ofan intoxicant and any other drug to employer's auto insurance coverage,or a notarized letter AMEX Assurance Company ,AMLX As urance C:ompanv a degree which renders him or her incapable o{safely driving, stating no insurance; CRLDLDOC-OSBN 11105 or ant,use of the motor vehicle in a reckless manner. a copy of all claim documents and correspondence. } Far those eligible and rnra+lted irr,Menrbership He,vart;,r/a CRLDI-RDRI-WI 11105 provided by the Car Rental Company; _ MemberskzpRew ards redemption crrtifireurno'ed,carerageis '+"tiE='•=liniorzrrztion for Resiclrrtt"rllrir>tl-isrinia 8. a copy of the Rental Coense of utilization lug: provided only to Rental Autos rented rot the United States. Under Now Benefits are Paid,the Footnote,to the note 5'. n copy of the dnvrr's license of the Cardmember and/or p y 2 When used in conjunction rvrtlr a Alrmbersltip Rewards that reads: authorized clever,unless the driver's license number shows on redemption certificate,the participating Car Rental Conopwries Nate:Benefits-7dl not be paid if,o of the date of loss,on the the rental agreenthe are limited to Hertz,National and Budget tittle of,lain filing,or on the date gfpotemiul rloinr payment, I Q•a copy nos w w-ri the rental agreement.(runt and back ; /f eligible acrd enrolled in dlernberslnp Rewards,craverage is ant�runount(fur art Your Card accomrt i'c part due or Your Card which documents when the Rental Auto was checked out and also activated when the Cardmember f l)presorts a Airmbership is cancelled,is hereby revised to read as follows: checked in;and It.mformat ion pertaining to other available insurance Rewards redemption certificate and(Z,)uses a Membership Does not apply to West Virginia and New York State coverage(s). Rewards redemption certificate at a participating Commercial residents. Cardmember cooperation with issues related to their Car Rental Company Important note Rewards: for those enrolled to CRLDi-RDRI-WV 11105 benefits is rewired.clot!requited documentation is not Membership A Membership Rewards redemption III received within 180 days of the date of loss(except for certificate can only be redeemed by eligible Cardmembers. 9 documentation which has not been furnished for reasons Benefts will not be paid when a Membership Rewards Y beyond the Cardmembers control),coverage may be denie& redemption certificatehas been transferred to non-eligible Cardmembersandlornnn-Cardmembers. u Desert g How Benefit,are Patti Pon of coverage All Car Rental Loss and Damage Insurance payments d. Lives not apply to New York Stare residents. Ho+.•[he Baggage Insurance Plan ttiurks reimbursable under the policy are payable to the Cardmember; Description of Coverage Rider fur Poli.F AX092.; The American Express Card Baggage insurance Plan except that payment may be made,at the discretion of the Applicable for DON and OSBN Platinum Cardmembers ("Plan')Provides certain coverage against Loss ordamage to Insurer,joindv to the Cardmember and the Commercial Car Additional Information for OSBN and OSBN Platinum checked and carry-on baggage of yours and of Eligible Persons Rental Company when the Car Rental Company has not been Cardmembers (see Who is Covered)when Common Carrier tickets are reimbursed for the covered loss or damage,or the Under Vehicles Not Covered,item number 3.is replaced charged to your eligible American F.xpre-ss Card or another Cardmember has not validly assigned his/her payments to the with the following: eligible Account. Rental Company or any wher party. Car Rental Loss and Damage Insurance does not cover lit"`You Benefit Note:Benefits wilt riot be paid f an the date oaf fax,on the rentah of Coverage is in effect for Eligible Persons during their travel date of:taim Tling or on the date of potential claim payment, z, cargo vans,custom vans; on a Common Carrier when the ticket for the trip(one-way or arty amount clue on Your Card at ionnt is past due or)our Card In all other respects,the provisions and conditions of the round-trip)is charged to your eligible American Express Card is cancelled.' Description of Coverage remain the same. or another eligible Account.Coverage during a Covered Trip Rights of 14cur(1 CRLDI-RDRI 11105 for each Eligible Person includes: in the event ofa payment under this Policy,the Insurer is additional information file R,,,jdcuts of fo(usram=. Up to$1,250 for carry-on baggage and certain carry-on entitled to all the ri hts of recovery that the Cardmember,to personal effects while these covered items are on board g The Rights of Recovery section is replaced with the whom payment was made,has against another.That {allowing: the Common Carrier-and Up to$500 fur checked baggage,in FXCF.SS of checked Cardmember must sign and deliver to the Insurer any legal If the Company makes any payment under this Policy and papers relating to that recovery,do whatever else is necessary aggage coverage provided by Common Carriers. Y the Cardmember has the right to recover damages from Note:For New York State residents.there is a 510,000 to help the Insurer exercise those rights and do nothing after another,the Company shall be subrogatrd to that right. loss to harm Lbe Insurer's rights, aggregate maximum limit for all Eligible Persons per Covered � However,the Company's right to recover is subordinate to the When a Cardmember or Commercial Car Rental Company Cardmembers right to be fully compensated. Trip has been aid damn es under Policy,No.AX0925,and also If the Common Carrier ticket for reeh Eligible Person is P g Y CRLDI-RDRI-LA I tlQS charged in advance o(going directly to the terminal to board shallhe from another,the amount recovered from a r Rental Infnrntanart for l.czidctats of Svu;h I!Al ofa the Common Carrier,the baggage of each Eligible Person is Shall he held 5r that Cardmember or Commercial Car Rental g1t b B Company in t rust for the Insurer and reimbursed to the extent Under Losses Not Cowered,Item number 5,is replaced also covered tier: of the Insurer's with the following:payment Up to$1,250 while the Eligible Person is going directly to As a condition precedent to coverage,the Cardmember is Car Rental Loss and Damage Insurance does not cover or leaving directly from the terminal on a Covered Trip required,and has a duty to fully cooperate with the Insurer in losses caused by or contributed to by while traveling as'a passenger in a land Common Carrier any imrstigations,subrogation matters ur legal proceedings by 1'1 violation ofcriminal law,or commission Ufa criminal (such as a taxi,bus,airport limousine)or in a scheduled providing copses of any and all legal ounces and any and all act,whether cited or charged; helicopter operated as a Common Carrier. .statements,indudin t sworn statements and contributing an Under Losses Not Covered,item number 7,is replaced Up to$1,250 while the Eligible Person is in a terminal for y with the following: other papers and documents to reasonably assist in the the purpose of boarding or immediately after disposition of the legal matter. Car Rental Lass and Damage Instance does not cover disembarking from a Common Carrier on a Covered losses caused by or contributed to hy: Trip otit3,-.rti"""i 1`-yhi s``i"" ?- consumption of alcohol at or in excess of the legal blood I t When a Cardmember is served with suit and/or summons alcohol level for a felony conviction in the state or locality in 'r fiottaol Delinitions in this Oesiription of Coverage papers relating to a Car Rental Lass and Damage claim,the which the Accident occurred; American Express Card or Account means a Basic or Cardmember must notify(see address and phone number CRLDI-RDRI-SD 11103 Additional American Express Card,Business Travel under Claims Notice section)and provide copies of the suit or Account,Airline Billing Account or a'1'rcasurer's lard, summons papers to the Car Rental Loss and Damage claims Additional Infirrniatiun Nu Re st&nis,a Wrinorrt and the extended payment account,if any,offered in unit within 15 days of when the Cardmember is served.Failure Under Losses Not Covered,the following item is hereby conjunction with any of these;all issued by American removed: F.x r c Crimp any,comply may result in denial of henefrts. _ p es,Travel Related Services Cnm any,Inc.or its alcohol intoxication on the part of the driver,as defined participating subsidiaries("American Express")and Additional Information tier}ruu hn the state where the Accident occurred; which is eligible for coverage under this Plan. This coverage is underwritten by AbIEX Assurance CRLDI-RDRI-VT 11105 Common Carrier means an air,land or water rthftlt Company issued through insurance velRelate 1S (the Additional information for Residents rat it iseonsirr, licensed to carry passengers for hire(such as plants, Policy")issued to American Expres 'fravtl Related Services Under Losses Not Covered,the following items are hereby trains,ships,and buses).Common Carriers do not Company,Inc.and its participating subsidiaries,affiliates and removed: include rented or private vehicles,or hotel or other licensees.The Polity may be changed or terminated. 5. illegal activity,such as fosses where the Rental Auto was courtesy vehicles for which no fare is paid. This D it i n a safe of Coverage o g important s the present used for,or involved in illegal activity or felony; Covered Trip means a trip tier which the Common Please keep it in a safe place.Although i[describes the present Carrier ticket has been char e for of insurance as it exists at the time of printing,this alcohol intoxication on the part of the driver,as defined g d to an eligible American in the state where the Accident occurred; Express Card account or another Account.Each document is not tic•Policy or contract meet ate Subject to a The 8 voluntarily taking any drug or acting under the Common Carrier ticket constitutes a separate Covered benefits deuriMd in Ill's document are subject to all of the influence or effect of that drug(unless taken as prescribed or Trip terms,conditions and exclusions of the policy issued by flit amini I stered b a Doctor); underwriter.This document replaces any prior Description of y Kee Terms to Ittrtxtt Coverage under the Policy which may have been furnished to Under Losses Not Covered,the following item is added: Benefits will not be paid if,on the date of occurrence of the Cardmember 18.the use of the Rental Auto for unlawful purposes,or for Lola or damage or on the date of claim riling,any transportation of liquor in violation of lacy,or while the driver amount of your American Express Card or another is under the influence of an intoxicant or a controlled eligible Account used to charge the Common Carrier substance or controlled substance analog,or a combination Ocket(s)for the Covered Trip is(a)unpaid for two billing thereof,or under the influence of any other drug to a degree periods or,(b)your American Express Card or another which renders him nr her incapable of safely driving,or under eligible Account is canceled` FDR 899847 11 f ICD2S139_r-DR&F98S'_p➢.2�-Gxp:FDR815199 9/26;0 6:05 PM Page 12?-}Im-}-- II ` For checked hageaec.this is 1:XCLSS coverage.']he Plan months from the dale of occ unence of Loss or damage, - only >upplemenis a Common Carriers liability for or your claim will be denied. checked baggage up to the haggages full value(defined as nrlal nrigtnal;u,i l or 55(x),whichever is lower.(For Additional tnli.rruatinn i..r io-r: example,If your I oss of checked baggage on a Covered The American Express Card Baggage Insurance Plan is Trip iss2,0(x)and the Common Carrier reimburses sou underwritten by AMEX Assurance Company("Insurer"), oat}•$I,Olxi,the Plan .ill reimburse you for up to?50(1.) Administrative Office,De Pere.Wisconsin.This document Claims for checked n mll re can reimburse processed and paid serves only as a Description of Coverage and is not a Policy or only after the Common Carrier responsible for the Loss contract of insurance;the actual lams,Condit ions and or damage has settled and paid for the claim against it.If Exclusions of Policy AX0400("Policy")govern the Baggage the Common Carrier completely denies your claim,there Insurance Plan.The Policy has been issued to American vvi11 bent)reimhursrment for Loss or damage under this Express Travel Related Services Company,Inc.by AMEX Plan unless the sole reason for denial is the specific Assurance Company and is on file at the offices of American exclusion of a pacnatfar item(s)(t.g.,camera)under the Express.This document replaces all existing prior Descriptions of Coverage for the American Express Card Baggage Insurance Common of a Carnerscontrictofcarriage.t. Pfau For carry-on baggage(baggage not checked with a Common Carried-losers will be payable de the basis of / �<� �i/ the actual cash value(actual cash value is defined as the replacement cost at the time of Loss ordamage,less Kenneth J.Ciak,President Timothy Meehan,Secretary depreciation).AMEX Assurance Company may,at its AMEX Assurance Company AMEX Assurance Company option,elect to repair or replace the covered baggage 6437-12-02(CP) with property of like kind and quality,subject to 1. Does not apply to New York State residents. settlement based on actual cash value. !tents with\pedal Limitation; Coverage for high-risk sterns is limited to a combined maximum of 5250 for each Eligible Person for each Covered Trip.These high-risk items include,but are not limited to, jewelry,spornng equipment,photographic or electronic equipment,computers and audioh•isual equipment. \lore•of 15 to ai e,N,i(._rrcd Business contents or effects:umbrellas;hats;coals;cash or its equivalent;credit cards;securities;tickets and documents; contact lenses;artificial tenth and limbs;plants and animals; household effeus(items used or displayed in a household,not of a personal nature,such as silverware,art objects,bedding and linens);automobiles;motorcycles;boats or other conveyances.However,bicycles checked as baggage and coats packed in checked or Carry an baggage are covered according to the checked and cam-on baggage coverages described above. There is no cover age for Loss or damage:caused by war, civil svar or radioactive contamination;contributed to or caused by voluntary consent;or contributed to or caused ht• confiscation or requicition M•Customs or other governmental author Irv. llha i5 t.o,•rI d You are considered to be an Eligible Person under this Plan if: 1. You are:(a)an American Express Cardmember who has an.American Express Gard or Account issued by American Express in your name;or(h)an employee(or other authorized person)of an entire which has a Business Travel Account, Airline Rifling Account or Treasurers Card issued to it by American Express and are eligible to have Your Common Carrier fare charged to that Account;or(c)the spouse or dependent child under age 23 of any Eligible Person described to(a)or(b)above;and 2. You area resident of the United States of.America or tine of its territories nr possessions and the American Express Card account or other Account used is billed in the United States. Now to File a Ckutu I. "1'o ensure prompt processing of your claim,you need to report any lust or damaged baggage immediately,as follows. • For checked baggage,you must file a written report of the Loss or damage with the Common Carrier before leaving the terminal. For carry-on baggage,you must file a written report of the Loss or damage with a local law enforcement agency.. You must retain all written reports and receipts until the final claim determination has been made. Cali toll free l-SW 615-9700(overseas,call 1-303-273-6499)to report your claim to the claims department and obtain a Baggage Insurance Plan Claim Form. . Complete and sign the Baggage Insurance Plan Claim Form and return it with the documentation as requested in the claim form.Please note the following: Your claim will NOT be processed until all these required documents are received. You must return your completed claim form and required documents Promptly,but not later than six A7NEAttAd D<PRES� FFR 9999.17 12 n,2007 American Express Business Management Accounts" • F 1i5 APPALACHIAN WOOD DSN ' su P MATTHEW S CAMBER Closing Date 07/08/12 — Account Ending 6-63003 -- -- ----- J Earn points on all of your New Balance $12,776.80 purchases,everywhere you use Minimum Payment Due $2,430.00 ( the Card. Visit open.americanexpress.com/ Includes the past due amount of$2,237.00 I smallbusinessrewards Payment Due Date 08/02/12 _, Account Summary Previous Balance $12,741.80 Payments/Credits -$0.00 New Charges +$0.00 i Fees +$35.00 Interest Charged +$0.00 New Balance $12,776.80 D Seepage 2 for important information about your account. Minimum Payment Due $2,430.00 f i Credit Limit I O Your account has been cancelled and suspended. $tt,800.0o Available Credit $0.00 Cash Advance Limit $0.00 ' Available Cash $0.00 Days in Billing Period: 31 Customer Care PaybyComputer open.com/pbc Customer Care Pay by Phone 1-800-521-6121 1-800-472-9297 DSee page 2 for additional information. + Pleasefold on the perforation below,detach and return with yourpayment + ®Payment Coupon Pay by Computer Pay by Phone Account Ending 6-63003 Do not staple or use paper clips Im open.com/pbc 121-800-472-9297 Enter account number on all documents. Make check payableto American Express. MATTHEW S GAMBER APPALACHIAN WOOD DSN Payment Due Date 304A N ST JOHNS RD 08/02/12 CAMP HILL PA 17011-6820 New Balance $12,776.80 Minimum Payment Due $2,430.00 AMERICAN EXPRESS El Check here if your address or P.O.BOX 1270 $ phone number has changed. NEWARK NJ 07101-1270 Amount Enclosed Note changes on reverse side. 11111 lisp 11 1111 1 1 111 LMi11i1 Exhibit " � 0000349991059841619 001277680000243000 04 r{ _ MATTHEW 8GAK«BER 4uonu Ending 6-63083 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 addressto becreditedasof theday it isreceived. Payments we receive after 5 p.m.will notbeciedited toyourAccount until the next day. Payments must also: (1)include the remittance coupon from your statement; (2)be made with a single check drawn on a US bankand payable in US dollars,or with a negotiable instrument payable in US dollars and clearable through the US banking system;and(3)include your Account number.If your payment does not meet all of the above requirements,crediting may be delayed and you may incur late payment feesand additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollarsand 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,unlessa particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid, Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permism to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number and check serial number to your financial institution,unless the check is not processable electronically or a less costly process is available.When we process your check electronically,your payment 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 financial account statement- if we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other 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 after8:00 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)tv calculate the balance nn which we charge interest on your Account.Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to calculate the AD8 and interest results in dailycompoundingotinterest Payipgintemest:Your due date i,m least zs days after the Closing Date or each billing period.we,wVomcba interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and(unless otherwise disclosed)balance transfers beginning un the transaction date- Foreign Currency Ch If you make a Charge in foreign will convert it into oS dollars the date we or our agents process it. We will charge a fee of 2.7%of the converted US dollar amount.We will choose a conversion rate that is acceptable to us for that date,unless a particular rate°required by law.The conversion rate we use'^""more than the highest official rate published by a government agency or the highest /^tenmnx rate we identify from customary banking sources on the conversion date or the prior businessclay.This rate may differ from rates in effect ov the date m 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 tf)e six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a check for the credit balance within uodays if the amount i,$1umo,more, Credit may report information about your Account m credit bureaus.Late payments,missed payments,m other defaults vnyour � Account may uereflected/n your credit,cport. / New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates,fees and grace by calling 1-800-518-8866. Customer Care&Billing Inquiries 1-800-521-6121 Hearing Impaired Website:americanexpress.com InternationalCoillect 1-623-492-7719 TTY:1-800-221-9950 Mobile Site: amexmobile.com Large Print&Braille Statements 1-800-521-6121 FAX:1-800-695-9090 Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 CustomerCare &Billing Inquiries Payments P.O.BOX 981535 P.O.BOX 1270 EL PASO,TX NEWARK NJ 79998-1535 07101-1270 Changeof Address If correct on front,do not use. Pay Your Bill with AutoPay ^s change your address online,visit ^ For Name.Company Name,and Foreign Address",Phone changes,please call Customer Care. Avoid late fees ^Please print clearly m blue=black ink only m the boxes provided. Save time Deduct your payment from your bank Svm*^auey account automatically each month Visitame.icanexpires..cmlautopay City,State t E.d nraoll- zipc"o Area Code and Home Phone Area Code and Work Phone For information m"how°e protect your privacy and m set your communication Email and privacy choices,please visit °°w°°edc°"expre==om/n^,aw. Business Management Account'" ! e APPALACHIAN W60D DSN p.3/5 MATTHEW S GAMBER Closing Date 07/08/12 Account Ending 6-63003 Fees Amount 07102112 Late Payment Fee $35.00 Total Fees for this Period $35.00 Interest Charged Amount Total Interest Charged for this Period $0.00 2012 Fees and Interest Totals Year-to-Date -----------------------—------------—---- ----------------- Amount Total Fees in 2012 - --— ---- ---------- - $280.00 ota I I merest in 2012 ---------------- -- ——----- --------- —--- --- --- -- -- ----- ---- -- --- $1,612.43 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 27.24%(v) $0.00 $0.00 Cash Advances 27.24%(v) $0.00 $0.00 Special Balance Transfer - 27.24%(v) $0.00 $0.00 Total -- — (v)Variable Rate $0.00 MATTHEW S GAMBER Account Ending 6-63003 p.4/5 x wr OPEN Savings."" Summary P 5s Prepared to, Account Ending '•e , MATTHEW S GAMBER 6-63003 APPALACHIAN WOOD DSN �I Savings this Billing Period Savings Since January 2012 i i 0.00 0.00 I To start saving today,visit www.open.com/opensavings and learn more about the OPEN Savings program and participating merchants VERIFICATION 1, Demetrios H. Tsarouhis, Esquire, verily that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client.I make this verification because my client is unavailable to sign this document at this time.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unswom falsification to authorities. By: Demetrios H. Tsarouhis, Esquire Date: September 17, 2012 6 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary' s Office Receipt Date 9/24/2012 Carlisle, Pa 17013 Receipt Time 14 : 19 :39 Receipt No. 281066 AMERICAN EXPRESS BANK FSB (VS) CAMBER MATTHEW Case Number 2012-05939 Received of PD BY ATTY TSAROUHIS BH Total Non-Cash. . . . . + 103 . 75 Check# 2171 Total Cash. . . . . . . . . + . 00 Change . . . . . . . . . . . . . - . 00 Receipt total . . . . . . _ $103 . 75 ------ - -- - - ---- ------ - -- Distribution Of Payment --------- -- - - -- ------------- Transaction Description Payment Amount COMPLAINT 65 .25 CUMBERLAND CO GENERAL FUND TAX ON CMPLT . 50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 9 . 50 CUMBERLAND CO GENERAL FUND AUTOMATION 5 . 00 CUMBERLAND CO AUTOMATION FUND JCP FEE 23 . 50 BUREAU OF RECEIPTS AND CONTROL $103 . 75 AT\4ERJCAN EXPRESS BANK, : IN THE COURT OF COMMON PLEAS FSB. A Federal Savings Bank : OF CUMBERALND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION MATTHEW GAMBER —M CD Defendant No. 2012-5939 DEFENDANTS' ANSWER TO COMPLAINT CD r; 1. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the matters set forth in paragraph I of Plaintiff-s Complaint,therefore,such allegations are denied. 2. Admitted. 3. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the matters set forth in paragraph 3 of Plaintiffs Complaint,therefore, such allegations are denied, 4. Admitted, 5. The allegations in paragraph 5 reference a written document which speaks for itself. 6- It is admitted that Defendant used the card ending in 3 03. The remaining allegations contained in paragraph 6 of Plaintiff's Complaint reference a written document which speaks for itself. 7. Denied as stated. It is admitted that Defendant received statements -fi-orn Plaintiff. Defendant is without recollection as to whether a statement was sent every month. 8. The allegations contained in paragraph 8 of Plaintiffs Complaint constitute a E~ legal conclusion to which no response is required. 9. The allegations contained in paragraph 9 of Plaintiff's Complaint constitute legal conclusions to which no response is required. By way of ftu-ther response, Plaintiff is not aware of exactly when lie made his last payment to Plaintiff. and strict proof is demanded at trial. 10. Amer reasonable investigation, Defendant is without information Or knowledge sufficient to form a belief as to the matters set forth in paragraph 10 of Plaintiff's Complaint, therefore, such allegations are denied, 11. The allegations contained in paragraph 11 of Plaintiff's Complaint constitute legal conclusions to which no response is necessary. . 12. The allegations contained in paragraph 12 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. 13. The allegations contained in paragraph 133 of Plaintiff's Complaint constitute legal conclusions to which no response is necessary. 14. The allegations contained in paragraph 14 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. By way of further response, Defendant does not recall whether he used the account exclusively for commercial transactions. and strict proof is demanded at trial, WHEREFORE. Defendant respectfully requests the Court to enter judgment in his favor and against the Plaintiff. COUNT 11 15. Defendant incorporates the preceding -paragraphs as though set forth here at length. 2 16. The allegations contained in paragraph 16 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. 17. It is admitted that Defendant used the card provided by Plaintiff. 18. Admitted. 19. It is admitted that Defendant permitted Plaintiff to provide credit to Defendant. By way of further response, the remaining allegations contained in paragraph 19 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. 20. The allegations contained in paragraph 20 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. 21. The allegations contained in paragraph 21 of Plaintiff's Complaint constitute legal conclusions to which no response is necessary. 22. The allegations contained in paragraph 22 of Plaintiffs Complaint constitute legal conclusions to which no response is necessary. , WHEREFORE, Defendant respectfully requests the Court to enter judgment in his favor and against the Plaintiff. NEW MATTER 23. Defendant hereby incorporates the preceding paragraphs as though set forth here at length. 24. Plaintiffs Compla'nt fails to state a claim upon which relief may'b' e granted. 25. Plaintiffs Complaint may be barred by the applicable statute of limitat' ions. 3 26. Plaintiffs Complaint may be barred by the doctrine of accord and satisfaction. 27. Plaintiffs Complaint may be barred by the doctrine of payment. WHEREFORE. Defendant respectfully requests the Court to enter judgment in his favor and against the Plaintiff. DATED: November 16, 2012 a 4 VERIFICATION I. Matthew Gamber, hereby verify that the statements contained in the foregoing doewnent are true and accurate based upon my knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to itnsworn falsification to authorities. DATED: November 16, 2012 eewamber 5 CERTIFICATE OF SERVICE I, Matthew Gamber, hereby verify that on this date a true and correct copy of the foregoing document was seined tipon the person and in the manner indicated below: Service by First Class Mail Demetrios H. Tsarouhis, Esquire 21 S. 01 Street Allentown, PA 18102 DATED: November 16, 2012 atthew Gamber 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION–LAW American Express Bank FSB,a Federal Savings Bank, Plaintiff(s) V. No.2012-5939 MATTHEW GAMBER, Defendant(s) 12129SA l CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Motion for Judgment On The Pleadings and Memorandum in Support has been served by United States first-class mail,postage prepaid,upon the individual(s)at the address indicated below: MATTHEW GAMBER 304A N SAINT JOHNS RD CAMP HILL PA 17011 Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9 Street—Suite 200 Allentown,PA 18102 610439-1500 Date: March 19, 2013 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tVM new -- Argument Court.) C— r T j- CAPTION OF CASEr (entire caption must be stated in full) O-1i American Express Bank FSB, a Federal Savings Bank 'r"c) 'c7 C3 VS. .tom' Matthew Gamber No. 5939 2012 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): I MOi .A -;I T7WLt Y14 k1 oA 4u. �[e�dngs 2. Identify all counsel who will argue cases: (a) for plaintiffs: Demetrios Tsarouhis, 21 S 9th Street, Allentown Pa 18102 (Name and Address) (b) for defendants: Mathew Gamber, Pro Se, 304A Saint Johns Rd, Camp Hill PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: ignature Print your name Plaintiff Date: 6/10/2013 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. �Ctc,� lt1°� �� aq rasS r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff V. No. 2012-5939 MATTHEW GAMBER, Defendant 121298.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: MATTHEW GAMBER 304A N SAINT JOHNS RD CAMP HILL PA 17011 Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attorney for Defendants Attorney ID # 88513 21 S. 9th Street Allentown, PA 18102 610-439-1500 DATE: June 18, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW 0 r:a American Express Bank FSB, a Federal c. , Savings Bank , -4 s (7)c�" r - Plaintiff rrl" (1),- C ' co ..-ACD V. No. 2012-5939 -11 7,, - In vn C ,. MATTHEW GAMBER, Defendant —4 ci _ -fir 121298.001 MOTION TO APPROVE STIPULATION 1. Plaintiff filed its Complaint on or about 09/07/2012. 2. Defendant has filed an Answer on 11/16/2012. 3. The parties have agreed that in lieu of lengthy and costly litigation, they would settle the dispute. The terms of the settlement are more fully set forth in the Stipulation for Judgment attached hereto as Exhibit A and incorporated herein by reference. WHEREFORE, Plaintiff and Defendant hereby respectfully request that this Honorable Court grant this Motion and approve the terms and conditions of the Stipulation annexed thereto. Respectfully Submitted: TSAROUHIS LAW GROUP Date: -2- l9 ' Zo/% By: Dem os Tsarouhis, Esq. 21 S. Ninth Street Allentown, PA, 18102 Telephone 610-439-1500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA CIVIL ACTION — LAW American Express Bank FSB, a Federal Savings Bank Plaintiff v. MATTHEW GAMBER Defendant : No. 2012-5939 121298.001 STIPULATION FOR JUDGMENT COMES NOW Plaintiff, American Express Bank FSB, a Federal Savings Bank ("Plaintiff') by and through its attorney, Demetrios Tsarouhis, Esq. and Defendant, MATTHEW GAMBER ("Defendant"), hereby stipulate and agree as follows: 1. Plaintiff filed its Complaint on or about 09/07/2012. 2. The allegations contained in Plaintiffs Complaint are true and that judgment shall be entered in favor of Plaintiff and against Defendant for the principal balance plus court costs for a total of $11,250.63. 3. The parties understand and agree American Express is required to file a form 1099C with the Internal Revenue Service for any cancelled debt $600.00 or more. 4. Execution on the judgment shall be stayed against Defendant provided Defendant pays 3 monthly payments of $100.00, 3 monthly payments of $200.00, and 3 monthly payments of $700.00 until the amount of $3,000.00 is paid in full. The initial payment shall be paid on or before July 15, 2014 and each additional monthly payments shall be due by the fifteenth (15) day of each month thereafter. As long as timely payments are made, the payments shall apply to the sum of $11,250.63. All payments should be certified funds made payable and forwarded to: "Demetrios Tsarouhis, IOLTA-COLLECTIONS" 21 South Ninth Street, Allentown, PA 18102. Once the $3,000.00 has been paid in full, the above matter shall be marked as Settled, Discontinued and Ended with the court. Should the Defendant default in any provision of this Agreement or default in the repayment of the debt at any time, then the full amount of the judgment, $11,250.63 shall become immediately due and owing, and LET EXECUTION ISSUE THEREFORE. 5. For this agreement to be valid, a copy of it must be received electronically via email (tlg(a,pacollections.com) or fax (610-465-8844) immediately and delivery of a hardcopy bearing original signatures to our office (21 S. 9th Street, Allentown, PA 18102) within 5 days of June 27, 2014. Date: By: Respectfully Submitted: TSAROUHIS LAW GROUP Demetrios Tsarouhis, Esq. 21 S. Ninth Street Allentown, PA, 18102 Telephone 610-439-1500 TTHEW GAMBER IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Bank FSB, a Federal Savings Bank Plaintiff V. MATTHEW GAMBER Defendant No. 2012-5939 121298.001 C7) Co) C74 cn ORDER FOR JUDGMENT Now on this /0 day ofY-0..W , 2011, Plaintiff, American Express Bank FSB, a Federal Savings Bank, "Plaintiff') by and through its attorney, Demetrios Tsarouhis, Esq., and MATTHEW GAMBER ("Defendant"), and upon consideration of the parties Stipulation for Judgment, it is THEREFORE ORDERED, ADJUDGED AND DECREED that judgment is hereby entered in favor of Plaintiff and against Defendant for the principal sum of $11,250.63; It is FURTHER ORDERED, ADJUDGED AND DECREED that execution on the judgment shall be stayed against Defendant provided Defendant pays 3 monthly payments of $100.00, 3 monthly payments of $200.00, and 3 monthly payments of $700.00 until the amount of $3,000.00 is paid in full. The initial payment shall be paid on or before July 15, 2014 and each additional monthly payments shall be due by the fifteenth (15) day of each month thereafter. As long as timely payments are made, the payments shall apply to the sum of $11,250.63. All payments should be certified funds made payable and forwarded to: "Demetrios Tsarouhis, IOLTA- COLLECTIONS" 21 South Ninth Street, Allentown, PA 18102. Once the $3,000.00 has been paid in full, the above matter shall be marked as Settled, Discontinued and Ended with the court. Should the Defendant default in any provision of this Agreement or default in the repayment of the debt at any time, then the full amount of the judgment, $11,250.63 shall become immediately due and owing, and LET EXECUTION ISSUE THEREFORE. BY THE COURT: Co'es n1'LL Z. Tsc•s i-•i.,civ G',et.. 4/i%y