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HomeMy WebLinkAbout12-6326COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank Plaintiff v. REBECCA TRAN Defendant No. I o~-~3~~ lV ~ • 121173.001/ NOTICE TO DEFEND .~, .. v r' _ 1 ~ ~ _,, u . _~ J ~ ~ t...' T i ~ 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. 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O Box 186 Harrisburg, PA 17108 1-800-692-7375 s Q,M~ ~1o3.~S~d a+~ C'~~ ag & loo COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank, : Plaintiff v. No. REBECCA TRAN, : Defendant 121173.001/ 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 F,xpress Bank FSB, a Federal Savings Bank, ("Plaintiff') is a NY business corporation having its corporate offices at 200 Vesey Street 43rd. Floor, New York NY 10285. 2. Defendant, REBECCA TRAN , is an adult individual resident of Pennsylvania who maintains an office address at 4242 Carlisle Pike, Suite 151, 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 * * * * * * * * * * * 1000. 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. 6. Defendant used the credit card with account number ending in * * * * * * * * * * * 1000, 2 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 05/26/2011 and Defendant has failed pay any amounts since that time. 10. The principal amount due at such time was $16,001.16. 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 $2.63 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. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $16,001.16 due on the account; 3 a) Interest at the per diem rate of $2.63 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. 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 4 Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $16,001.16. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $16,001.16 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 Plaintiff 21 S. 9`" Street-Suite 200 Allentown, PA l 8102 610-439-1500 Date: September 2, 2012 5 FDR815213 PALL.vl, 2/10/07 5:12 PM Page 1 F'DH b 15273 ~~~tlf-' ~•()1' ~_~ilE`il"It'`~:~`s" ~..il'C~ I~~:CP(',IilE'Clf This document and the accompanying supplemem(s) constitute }'our Agreement Please read and keep this Agreement Abide by its terms. When rou keep, sign or use the Business Card issued to you (including any renewal or replacement Business Cartlc), ory'ou use the account aswciated with this Agreement (your "Card .Account' j, you agree to the terms of this Agreement The words "you," "pour" and "yours" mean the person named tin the Business Canl and/or, where applicable, the Company. You have nx;eived this Business Cant at the request of the Company for ttse in connection with the Carl Account You wiB be called a'~Buciness Carttmember" or "Additional Canlmember."The Basic Cardrnember is the authorizing officer of the Company who authorized us to issue the Business Catd to you by sigNng the Company's applica- tion for the Card Accowtt. The term "Comport} 'means the company, corporation or Finn in whose name the Business Card Account is estab- lished. The Company'. Basic Cardmember and Additional Cardmembers agree. hoth jointly and individually, m be hound by the terms of [his Agreement The tens "Cant" refers to the American Express" Business Card issued [u yuu, all other Business Cards issued on your Carl Account. and any other device (such as Carl Account numbers) with which you may access your Card.Aaount. "We." "our" and "us" refer to American Express Bank, FSB, the issuer of your Card Account. You may use the Canl [o ohtain gtwds and services form any perswn who accepts the Card ("Purchase(s)").You agree that you will use [he Card for commeinial or business purposes. Y"ou may also use the Cant to obtain loans ("Cuh Advance(s)') through variotu means w2 may make available (eg., A7M machines) up to the applicable limits on your Account. At ourdiscre[ion, we may permit you to Vansfer balances from other accounts to yomr.Account ("Balance Transfer] s] "). A[ our discre- tion, wx niay loos wnvenience checks that yuu cwt tae to access your Account. F.ach convenience check maybe used only by the Basic Cardmember Y'ou mxv no[ use convenience checks [o pay an}• amount you owa under this Agreement or to pay xny other account you have with us or oar affiliates. Transactions you make in response to promo- tional offers from us will be subject to the terms of the promotion and this.Agreemetn All antounts charged to your Aceuunt, including Purchases, Cuh Ativxnces, Balance Transfers. cornenience checks, annual fee(s), i(any, wry amounts guaranteed by use td the Cant, other fees, and am Finance Charges, are "Charges.' .0. convenience check that we identify u having been mode payable to cuh, to yoq or to a bank. brokerage or similar asset account, or to a mortgage pnovider or insurance provider will be treated u a Cash Advance. Anyrother convenience check and/or a Balance Transfer will be treated u a Purchase, except u otherwise noted. If you make a Purchase or a Balance Transfer, or use a conven- iencecheck, that is governed by a promotional offer from tic, the Charge will he included in a Promotional Balance, unles we notityyuu oilter- w'itie. Yuu agree nut to let any person use a Cart) except a Canknember whcr e name is on it You agree to notify w if the Card is lost or stolen, or you suspea that it is being used without your permission. You agree to use the.A000Unt only for Purchases. Cuh Advances, or Balance Transfers that are lawful and are permitted under chi's Agreement W'e may issue you renewal or replacement Cards before a previously issued Card expires. If you or an Additional Cardmember authorize a thin) party to bill Charges on a recurring buffs w your Account ("Recurring Charge(s)"), we may (but arc not required to) provide such third pain' with your current Accotmt status. Card number and/or expiration date to pemtit that third pam• to continue bilBng your lccount. W'e may take such steps even il your account number changes or if we issue a renewal or replacement Card to you or an Additional Cardmember. To withdraw authorization for a Recurring Charge, you must notify the third party. The Cartl may be equipped with dte ExpressPap Feature ("F.xpressPa}•"),which enables you to make Charges without having the Cxrd "sniped" or imprinted at a participating merchant. You agree to use ExpressPay only in acconlance with our instmctions, and you agree not to attempt to get cub with FapressPa}'from any source. You may cancel the FxprrssPay feature on the Card at any time upon notice to us by calling the number on ilte back of dte Card. .A portion of your credit line maybe available w you for Cuh Advances up to your Cash Advance limit W'e ma}•, at any time and in our sole discretion, increase and/or decrease your credit Line and Cuh Advance limit. We may limit Charges at an automated teller machine ("AT>f") to [he lesser of (f) a total of 51,000 in any seven-day period, or (ii) the remaining amount of the Cuh Advance Limit on your Account, and we may impose additional limits at oar sole discretion t in addition to any limits imposed by ilte ATM's owner). Your billing statements wil I show' your credit line wtd Cash Advance limit and the unused portions of such Tine and limit u of dte statement date. Yuu agree to manage your Account sc. that your balance fur Cash Advances (including fees and Finance Charges) will not exceed the Cuh Advance limit and your overall balance (including Fees and Finance Charges) will not exceed }rour credit line. You agree m pay us, immediately upon request, the amount of any balance on }rour Aaount in excess of any applicable credit line or limit. We mserve the right to decline any attempted Charge. evRn if the Charge wrould not cause yrou to exceed your credit line or limit. We are not responsible for any losses or other consequences if x trans- action on your Account is nut approved fur any reex~n, evRn if you have suBicien[ credit available. Except u otherwise required by applicable law, we will not be responsible if any merchant refuses to honor the Canl or for any other problem y'ou may have with a merchant. We may periodically re-evaluaze your credit standing and, in connec- tion with such re-evaluation, you agree to provide us upon our request copies oFsuch documents w2 may request including, but not limited to. bank stattvnenls and tax reutms. loo promise to pay all Charges, including Charges incurred by A.dditlonal Cardmembers, on your Account This promise includes any Charge for which you or an Additional Cardrnember indicated an intent to incur the Charge, even if you or dte Additional Cardmember have not signed a charge form or presented the Card. You alw promise to pay any Charge incumd by anyone that you or an Additional Cardrrtember let use the Card, even though you have agreed not to let anyone else use the Cant. Additional Cardmembers do nut have accounts wiilr us. Instewl, they are authorized users tin [he Carl Aceount, and the Cants issued to [hero may be canceltxl by the Buic Canlmember or Company or us at any time. y'uu incur notity us to mroke an Nlditlonal Canlmembers perntiscion to use the Card Account The Company and the Buic Cardmember are responsible under this Agreement for all ttse of the Caal .Account by the Basic Cartlmember and Additional Cardmembers, and by anyone else [he Buic Cardmember or an Additional Cardmember lets use the Card. wtd dte Charges they incur will be billed to the Buic Cartlntemher. Ttte Company and ilte Buic Canbnember have this responsibility even i( they did nut intend for an rWcBBonal Canlmember, or other person, to rue [he Carl for any transtctloac. The Company and the Buic Canintember are also responsible for any losses u well u any other consequences related to or resulting from actions taken br any iltird parties authorized to act on behalf of the Contpany and the Basic Card~nemher. Nonvidtstanding the Company's and the Basic Cardmember s nspon- sihiliq for all ttse of the Card Account, by each use of the Additional Cant to incur Charges, the Additional Cardmember indicates his or her agree- ment topay usfor the Charge if the Company and/or the Basic Cardmember fail to or refuse to pay it, and wY may at our disrretion. pursue Additional Cardmembers for payment of Charges they incur or authorize even though we send bills to the Buic Cartlmember and not to Additional Cardmembers. The Company and the Buic Cardmember authorize us to provide Card Account information to Additional Cardnrembers and w discuss the Card Account with them. The Basic Cardmember agree: to rrotify each kktitional Cardnrember, at the time he or she becomes an Additional Cardmember, that we mxv receive, atom, exchange and rue informatlon about him or her in the same manner wro do with information about you, u described below in [he CONSl1MERlBLSINESSBEPORTS, TELEPHONE MOKITORING/RECORDING. and SCSPF.NSION/('ANCF.1.lATION sections of this Agreement _ r We will send bills for all Charges to the then current Buic Canlmember for the Card Account or such other person designated by the Company to receive the bills az the mailing or a-mail address provided by the Buic Cardmember. The Compwta or Buic Cardmember must notiPo us immediately of any change in the mailing or e-mail address to which we send bi'.ling suttementc or notices [hat a billing statement has been L'U 35664 (OS/07) posted ("Billing Address"). If yuu wish a Billing Address change to apply to more than one account you maintain with us, }rou must tell us. You agree that wR ma}• also update your BillingAddress iFwp receive infor- mation that your Billing Address has changed or is incorrect. 71te (:ompany or Basic Cardmember must also notify us immediately of arty change in the Buic's or the Company's mailing address, telephone or fax number, the Company's name or the Company'sstate of incorpom ciao or organization, changes w your social security number or employer ID number, and any other information we may inquest. The'Tew Balance" appears on your billing sCttement. To determine the New Balance, w2 begin with the outstanding balance on your Acu>wri at the begimting of each billing period, called the "Previous Balance' on the billing statement. We add any Charges, subtract any credits or payments credited u of drat billing period, and make other applicable adjusmtents. F.ach billing statement will reflect a Ylinimum Atnounl Due. Payment is due by the time and date shown xnd in the manner prtscribed nn the statement. To calculate ilve 3finimum Amount Due w•e will add together dte following: (q any amount past due: (2) the greatest of • 1/SUth of the Kew Balance nn the Closing Date of the billing statement (ilte calculation of which is rounded to the neatest whole dollar) (fur purposes of this calculation we exclude from [he Kew Balance am overlimit fee added to your Aaount during the billing period}, • the current billed Finance Charges, or • $I> (or the New Balance if it is less than SI5): and (3) any over-limit fee added to your.Accountduringthe billing period. I[ the greatest of the three calculatlons in section (2) above is the current billed Finance Charges, then ore will add $ I i [o the calculation of the 91inimum .Amount Due. At our option, we may also include in [he ,liinimum Nmwnt Due all or pan of other tees incurred during the billing period and any part of the Kew Balance in excess of your credit line. The Minimum Amount Due will not exceed the Neu• Balance. ybu may pay more than the Minimum Amount Uue, up to the entire outstanding halance, at any time. UI payments must he sent w the payment address shown on yourbilling statement and must include the remittance coupon from yrourbilling statement. You must pay tic in C.S. currency, with a single draft or check drawn on a I:.S. bank and payable in C.S. dollars, or wiilt a negotiable instmment payable in C.S. dollars and clearable through the C.S. banking system, or through an electronic payment method deazahle through the C.S. banking system. your Accotmt number must be included tin or with all pa}ntents. if we decide to accept a payment made in a (urcign currency, yuu authorize us to chocse a conversion rite that is acceptable to us w convert your remittance inw h.S. currency, unless a particular rate is required bylaw. Payments conforming to the above requirements that w•e receive no later than the hour specified nn your hilling statement will be credited to your.Account u ol'the day receired; payments conforming to the above requirements that w•e receive efter the hourspecifiedon your billing statement will be credited to your Account ac of the following day. If payment dues not coidonn w the requirements stated above, cred- itingmay bedelayed. Bthis happens, additional Charges maybe imposed. We may accept late pamients, partial payments or any payments marked u being payment in full or u being settlement of any dispute without losing any of our rights mtder this Agreement or under the law Our acceptance of any such payments does not mean we agree to change this Agreement in any way. You agree [hat our acceptance of such payments will nut operate u an accord and satisfaction without our prior expre;,s wTi[Ien approval. SubJec! to applicable lain, we will apply and u[loulle paymenfi and credits amuuk bnlancec and Clxrryes on yourACCOUnt in anp order and manner determined by us in our sole discretion. Inmost cases, w•e will apply and allocate payments first to balances at lowYr Annual Percentage Rates ("APRs") and ilten to higher APR balances, and apply Purchase credits first to the balance fmm which the corresponding debit originated. Huw'ever, for servicing, administrative, systems or other business reawas, we may apply and allocate payments and credits among balances and to Charges on your Account in some other order ur m:mner that w•e may detern~ine in ottr sole discretion. You Exhibit "~" FDR815213_PALL.vl 2/10/07 5:12 PM Page,2 agree that tie have the unconditional right w exercLse this dixretion in a wac that is most favorable or wncenient w us. r When you provide a check as payment, yuu authorize us w use inFotrma lion from your check ro make an electronic fund Vansfer from your account or to process the payment u a check Iraitsaction. If we process your check electronically, funds may be withdrawn From your bank or asset account as srnn as rite same day w~ receitre your check. Also, if w,; process yourcheck electronically, yrou will not receisre that cancelled check with your bank or asset account statement. A Finance Charges begin to acme for each Charge as of the date the Charge is added w the daily balance, u dexribed below If payment in full for amp New Balarue shown on the statement for a hilling period is credited to your.4ccount by the Payment Due Dale shown on that statement, then Finance Charges wit I not accme For Purchases from the date on which payment in full t><dtat New Balance is cred- itetl to your Account tmtil the end of the billing period in which such payment is credited to your Account. In addition, Finance Charges will not accme for Purchases during a billing period if (a) [he Precious Balance shown on [he billing statement for that bi Iling period is zero or a credit balance, or (b) payment in full for the New' Balance, if any, shown on the statements covering the two immedi- atelypreceding billing periods is credited to your Account by rite respective Paynten[ Due Dates shown on [hose statements. For purposes of this paragraph, Purchases do not include Balance Transfers or comYnience checks. B. The Daily Periodic Rate ("DPH") for Purchases and the DPR for Cash Advances are each based on an APR, which may van', or wktich for Purchases maybe fixed asset forth in the supplement. If the APR is variable, the APR is based on the Prime Rate described below. The APR for Cash Advances is [he Prime Rate plus 145%,. A DPR is 1/36idt of the APR. Your DPRs and APRs, variable or fixed, appear on the accompan}ing supplement(s). IXfien an APR changes, wee apply it to any existing balance subject to that rate. C. The "Prime Rate" is determined once with aspect w eaeh billing period. The Prime Rate for each billing period is the Prime Rate published in the Money' Rates section (or successor section) of 7be Wall StreelJwernal on (a) dye first dayof that billing period or (b) the day that is two day3 prior to the Closing Date of that billing period, whichever is higher. In each case, if such a day is not a customary publication day for 71x' tGidl Street lournul, w2 will substitute the cbsest preceding day that is a customary publicaton day. If 7be Il'ul(SheelJorrmal ceases or stupends publication, wm may refer w the Prime Rate published in any other newspaper d' general circtdation in New fork, New York; or wm may substitute a similar reference rate at our sole dixretion. Arn increase or decrease to an APR resulting t'mm a change in the Prime Rate takes effect as of the first day o(the hilling pentd..4n increase in the Prime Rate means that the variable APRs (and corresponding DPRs) applicable to your Account will increase and you may incur higher Finance Charges and may halm a higher Minimum :4mount Due. D. The DPR (and corresponding APR) on all balances may increase under the G)Ilowin g circumsuutces: (1) The DPR (and corresponding APR) on Rirchasa will increase to the Default Rate, which is x DPR that corresponds w an APR equal to the Prime Rate plus I S.y9"ro, and the llPR (and corresponding APR) on Cash Advances will increase to rite Default Rate, which is a DPH that corresponds to an APR equal to the Prime Rate plus 21.99"',, if during rite Re\~iew Period a payruent of vour Minimum Amount Due is not credited w your .4ccoun[ by [he Payment Due Date in any two hilling perirxls. The "Review Period" is thy, peril, constituting approximately' one year; of twelve consecutive billing peritxb ending with [he Closing Dale of the current billing period, whether or not }'ou receivtd a statement for eadt such billing period. If these llefault Rates are applied, they will apply to your.4ccount I'or a minimum of twelsm consecu[ivm bit ling periods, beginning with rite current billing period, unless you have triggered a higherAPR based on the criter9atir=ceribed in sulxseetion (2) hekrw. (2)Notwi[hstandingtheloregoing, the DPR (and anrmspontbng APR) on all balances: will increase w a Default Rate which is a DPR [ha[ coreesponds to an APR equal to the Prime Rate plus 21.99, if during the Review Period (a) a payment of your Minimum.Amount Due is not credited to vour.4aount by the Payment lhre lla[e in any three or more billing periaLs, (h) a payment of your Minimum Amount Due is not rredi[ed to your Account by the Pa}merit Uue Date in am' M•o consecutive billing periods, (c) a payment on your Account is not honored by your bank or o[herfinancial institution, or (d) you exceed any FDR fi1.5213 tfesig~tated credit limit on vour.4ccount three or more Umes. If this Default Rate is applied, it will apply to rour Account for a minimum of twelve consecutive hilling periods, beginning with the current billing period. F.. We may decide not w increase the DPRs (and corresponding APRs) applicable w your Account as set Forth in paragraph D above. If wY decide not w du so, we still bare the right to subse- yuentlvincrease the DPRs (and correspondingAPRs) applicable to your Account in acconlance with paragraph D above and the other provisions of this Agreement. Any balances transferred from another account w this Card Account shall be governed by the remts and conditions ttf this Agreement. unless notified otherwise. IX~e use the Average llaily Balance method w calculate Finance Charges on }rour Account. finder this method, we calculate the Finance Charges on yourAccount by appl}ing the DPR to the Average IYaily Balance (ac dexribed below) separately for each balance subject w Finance Charges. Different periodic rates maybe used for different balances. For example, different DPRs may be applied to separate balances, such as Purchase, Cash Advance, and Promotional Balances. To get the AsRrage Daily Balance for each balance, w2 (1) take rite beginning balance for each day (including unpaid Finance Charges from previous billing periods), (2) add arty new vansac[ions, debits, or fees, (3) subtract arty payments or credies credited ac o(that day, and (4) make any appropriate adjrtst merits. For tarcb dat• after the first day oJlbe bluing period, me also add an amount of interest ~uul to thepreuious dates duilp balance muldplie,! by dx DPR /or the balance. This gives us the daily balance For the particular balance for that day and the beginning balance For that balance for the next day. If [his balance is negative, it is considered to be zero. Then, tie add up all [he daily balances for each balance for the hilling period and divide rite total by the numberof days in the billing period. This gives us the Average Daily Balance for that balance. IF you multiply the Average Daily Balance for each balance by the number of days in the billing period and the DPR for that balance, the result will he the Finance Charge assessed on that balance, except for variations caused by rounding. The wtal Finance Charge for [he billing period is calculated by adding the Finance Charges assessed on all balances cd the Account. Ibis methal of calculating dae,9r~erage Daih~ Balance oral Flnnnce Cbarge resrelts m daily compoundr'r{g n( Finance (',Yxrrges. W'e may use mathematical formulas which produce equivalent results to calculate the Average Daily Balance. Finance Charge, and related amoun6. For example, we may utilize computer programs or other computational methods that are designed ro pnxluce mathematicalh• equivalent results while ttsing lewmrand/~r simpler computational steps than are dexribtd in this Agreement. At our dixretion, we may exchtde certain categories of debit transac- tions orfees from the calculation of the daily balances. Cnless we elect w use a later date; wm add a Charge w the daily balance as fol Iowa: We add a Cash Advance or Purchase [o rite appropriate daily balance as of the date of fe9 ties[ or the transaction date tin the billing sutement. We add a convenience check w the appropriate daily balance ;ts of rite date of fi rt deposit. We add a Balance Transfer other than through a convenience check to rite appropriate daily balance as of the date of the request. WRe add periodic Finance Charges w the daily balance as described above. U'e add any other Charge to the appropriate daily balance as of [he date of the transaction. Periodic. Finance Charges are added to the outstanding balance at the end of the billing period for which Finance Charges are calculated. In anysuch billing period, wmwill impose a minimum Finance Charge of 60.50, which will be added to the balance with the highest APR unless, For our convenience and in oursole dixretion, we chexrse to add it to a balance with a lower APR. In our sole dixretioq we also mar round any calculations made in determining the Finance l:harges on yourAccount in anyway that inconvenient to us Attysuch counting may apply to or cattle variations in your UPRs There is no annual fee for this Account. We may assess a Late Fee i(a payment o(at least the Minimum Amount Uue is not credited w your Acwunt by the Payment Due Dale. The amount r><the [ate Fee depends on [he amount of thy. Previous Balance on the statement on which the Late Fee appears, as follows: PreuiourGaG:nce ~! Fie l.es than 8400 819 $400 or greater 83f3 r We may charge the follrnving feet to yourAccount, subject to applicable law Except ac otherwise noted, these fees will be added to the Purchase Balaztce- !. Uishonoral Paymtmis: U'e may charge a fee of 836 whenever an}' check, similar instrument, or electronic payment onler that we receive as payment on your Account is not honored upon first presenmtent. If a Cant is prusented in connection with cashing a check at an American Express Trarel Service Office or other authorized location and the check is not honored, we may charge a Fee o! 836. (W'e will also add a Charge w the Cash Advance balance ttf }rour Account in the antoun[ of the check that was not honored.) 3. Slop Paymerrl0rrters: ~'e may charge a fee of 82y each time we receive a request to swp pavmem ern a convenience check drawn on your lccount. 3.Ouer--limn Fee: We may charge a fee x(835 in each billing period the New Balance on your statement exceeds your credit Tine. 4. L'asb 7i•ansaUion Fee for Brsiness L'herkr We may charge a fee for cash checks of the greater oC 3 0 of [he transaction or §i. This fee is a FINANCE CHARGE. For pugxtses of [his Agreement, a "cash check" is any American F.xptcsc Business Check you make payable to any oFthe following payees: cash. yourself, your company, any Additional Cardmember and brokerage acctnmLs/ dealersrstakbro kers/investment funds/investment accounts. i. Balance 7fant{er Fee: We may assess a transaction fee for each Balance Transfer on your Account, as dixlosed in the applicable Promotional Offeror at the time of the transaction. This fee, if accessed, is a FINANCE CHARGE. 6. AT,NFee: We will impose a fee each time a Card is used w obtain cash or any otlter services from an ATM. This Ftr will be 3~ of the amount of the cash withdrawn or other xrvicas obtained (including any addi- tional tee imposed for use of the ATyt by its operator), with a minimum of Sj. This fee will he added to the Cash Advance balance. In addition to any other actions wE may take under this Agreement, we may suspend or cancel your Account or any feature offered in connec- tionwith your Account, tie ma} reduce rour credit line or cash advance limit (including to a level below youroutstanding balance), wm may commit the outstanding balance or any portion thereof due to a fixed paytnen[ plan (the temts rtf which wit I he communicated to you upon commrsion and which will require payment o><the outuanding balance in equal monthly insW Invents, including finance charges, over a peritxl o(, at our option, up to 60 months, and permit yuu wpre-pay the outstanding balance without apre-pamtent premium For a period of time to be specified in the terms to be communicated w you), and/or we may suspend or cancel the authorization of any Additional Cardmember to make (barges to yourAccount, at our sole discretion at any time. with or without cause, whether or not your Account is in default, and without giving notice, subject w applicable law. Anc such action on our part wit l not cancel your obligation ur pay all Charges due on your Account under the terms of this.Agreement in effect at the time of such action or as subsequently amended, and you agree w pay us all such Charges despite any such action We may advise third parties uito accept the Card that the Card(s) issued w you and/or Additional Cardmembers have been canceled. If we cancel the Card or i[ expires, yuu may no longer use it and you mtrst destroy it or rewm it w us or, if we request, to a third party. ]f }row want w cancel the Account or any Additional Canis, you must notify us and destroy the ford(s) lFwe agree to reinstate your Account obey a cancellation, the nt'W° Agreement wm send you (or; it we tlo not send you a new Agreement, this Agtmernent as it mar be antended) will govern your reinstated Account. When um reinstate your Account we map reinstate any Additional Cards issued in catnection with your Account, and bill you the applicable annual fee(s). .~ , We may consider your Account w be in tkfault at any time if you fail to pay us any amount when it is due, or if you breach any other promise or obligation under dos Agreement. Subject w applicable law, wm may also consider yourAccount w be in default at any time it am statement made by you to us in connection with this.4ccount or any other ctedit program was false or misleading; if yuu breach any promise or obligation under any other agreement that you may hale with to or with any of our affiliates; if we receive informa- tion indicating that yuu are bankntpt, intend w file bankniptcy, or are unable w pay yourdebts as they become due; orwm receivm information leading us to conclude that you are otherwise not creditworthy. In evalu- ating yourctmditworthiness, you agree that tie mac rely on ittformauon contained in consumer reports, and in our dixretion we may consider [he antoun[ of debt you are carving compared to your resowces or any ~} y; FDR815213_PALL.vl 2/10/07 5:12 PM Page 3 other of your credit characteristics, regardless of your performance on this Account. We may also consider your Account in default in the event of your death. In the event of }vur default, and suhject to anv limitations or require- ntents ofapplicable law, we may require payment of a portion of }'our outstanding balance greater iltan Ute Minimum Amount Due, declare the entire amount of }vur obligations W us immediately due and payable, aniVor suspend or cancel your account and/or am feature that may be t>ffered in connection with the Account.l'ou agree to pay al l reasonable costs, including reasonable attorneys fees. incurred by us (]) in comversion with the collection of any amount due on your Account, whether or not any arbivation, Iitigatioq or similar proceed- ings are initiated; and (?) in reasonably protecting oursehes from any kxs, hamt, or risk relating to any default on your account. If you incur a Charge in a Foreign currency, it will be comrerted into O.S. dollars on ilte date it is pra:essed by us or our agents finless a particular rate is requited by applicable law, }rou auiltorize us to choose a conver- sion rate that is acceptable to us for that date. Currently ilte conversion rate we use for a Charge in a Foreign currency is no greater than (a) the higftest official conversion rate published by a govemmen[ agency, or (b) the highest interbank conversion rate identified by us from customary banking sources, on the conversion date or the prior business day; in each instance increased by 2%. This conversion rate ma}' differ From rates in effect on the date of your Charge. Charges converted by establishments (such as airlines) will be billed at Ute rates such estab- lishments use. Subject to applicable law; we hate the right to add, modify or delete any benefit, service, or feature that may accompany your Account at any time and without nonce to you. Purpose: This Arbitration Provision sett forth the vin umstance_c and procedures under which Claims (as defined below) may be arbivated itutead of litigated in court. Definitions: As used in this Artrivation Provision, the [amt "Claim" means any claim, dispute or controversy between You and us arising fmm or relating to your Account, [his Agreement, the Electronic Funds Trarufer Services Agreement, and any oilier related or prior agreement ilvat you may have had with us, or the relationships recultlng from any of the above agreements ("Agreements'), except for the validity', enforceability or scope of this Arbitration Prcn'ision or the agreements. Fur purpaes of iltis Arbitration Pmvisioq "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affili- ates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of ant of the foregoing, and other persons reternd to below in ilre detini- [ion of "Claims." `Claim" includes claims of erery kind and namre, including but not limited to, initial claims, counterclaims, croso-dalnts and third-part}' claims and claims based upon contract, tort, fraud and other intentional tons, stamtes, regulations, common law and equity. "Claim" alx> includes claims by or against any Utird pam using or providing any prtxlud, service or benefit in connection with any account (including. but not limited to, credit bureaus. thinf parties who accept the Canl, third ponies wtto use, provide or participate in fee-based or free benefit programs, enrollment servicts and rewards programs. credit insurance companies, debt collectors and all of their agents, employers, directors and representatives) if and only if, such third pam is named as a co-pam with eon or us (or files a Claim with or against you or ta) in connection with a Claim asserted by you or us against ilte outer. The tens "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or wntroversy that arises From or relates to (a) any of the accowits created under any of the Agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the temts of financing, (c) the benefits and services related dt Cardmembership (including fee-haled or free benefit programs, enrollment services and rewarcLs programs), and (d) your application For any account We shall not elect w use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in x small claims court of your state or municipaliro so long ati the Claim is individual and pending only in that court. Lniticetion of.9rbitralion Proceeding/Selertion of Adntinichator Any Claim shall be resolved, upon the election by you or its, by arbiva[ion pursuant to this arbitration Provision attd die code of procedures of Uve national arbitration organizatim to w9rich ilte Claim is referted in effect at ilte time the Claim is filed (the "Code"), except to ilte extent the Code conflicts with this Agreement Claims shall l>e referred to either the lational Arbitration Foram ("NAF") or the American Arbitration Association ("AAA ), a selected by ilte pam electing to use arbitration. II a selection b}• us of either of these organizations is unac- ceptable to }rou, you shall have ilte rigln xithin 30 days after you receive notice t>f our election to select the other organization listed to serve as arbitration administrator. For a copy of Ure prcxedurec, to file a Claim or for other information about these organizations. conurcl them as follows: • N.4F at P0. P,trx i0191,11inneapolis. VIN 55405; website: wua•.ad»vation-Fomm.com. • AAA at 335 Madison Avenue. Neu' York, Ni I W I?; website: wwwadcurg Signifrumce of Arbitration: I F' ARBITRATION IS CHOSEN BY M1' PARTY WITH RF.SPF.CT TO A CLAIM, NEITHER YOU NOR WF. \V'ILh HAVE. THE. RIGHT TO LITIGATE. THAT C1.41M IN COCRT OR HAVE .A DORY TRl41.ON THAT C1.0.1M1t. FCRTHF.R, YOC MD 8'F. \L11.I. NOT HAVE. THE RIGHT TO P.4RTICIPATF. It; A RF.PRF.SF.NTATI\T, CAPACITY OR AS A MEMBER OF Ml' CUSS OF CIAIMMTS PERTAINING TO M'1' CLAI\1 SLBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW'. THE ARBITRATOR'S DECISION WILL BE FINAL Mll BINDING. NOTE THAT OTf1ER RIGHTS THAT YOU OR WE WOL'LU HAVE IF 1'00 WENT TO COIiRT AI50 S1A}' iVOT BE AV.AIIABLE IR ARBITRATIOG. Rca'hicJrons on.9rbitrution: IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATIOK. TNAT CLAIM SHALL BE .4RBITK4TED ON' M INDIVIDLAL BASIS. THERE SHALL BE NO R1GHT OR ALTHORI71' FOR M1' CLAIMS TO BF, ARBITRATED ON A C1ASS ACTION BASIS OR OK BASES I<;V01.\TRG CLAIMS RROCGHT It; A PURPORTED REPRESER- T.4T1V'F. CAPACFTY ON BF.HAIF OF THE. GF.NF.RAL PUBLIC, OTHER CARDMF.MBF.RS OR OTHER PERSONS SLV111AR1} S[TIiATF.D. The arbitrator's authority w rewlve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthemtore, claims brougln by you against tit, or be us against you, mac not be joined or consolidated in arhivation with Claims brought by or against someone other than you, unless ap~•eed to in among hr' all parties. No arbitration award or deci- sion will have arty preclusive effm ac to issues or claims in any dispute wiUt arwone wdto is not a named party to the arbitration. Notuithsumding arty other provision in iltis Agreement (including but not limited [o the `(:onlinuatirm'Arovision below) and without waiving either party's right to appeal such decision, should any portion of iltis "Ra_chiclions on ArFiilrnlron"provision be deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. Arbihation Procedures: This Arbivalion Provision is made pursuant [o a vansaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, y I:.S.C. Sections I-16, as it maybe amended (the "FAA" ). The arbitration shall be governed by the appli- cable Gx1e, except that (to the extent enforceable under [he FAA) this Arbitration Provision shall convol if it is inatnsisten[ with ilte appli- cable Code. The srbivator shall apph' applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor clams of privilege recognized at law and, u the timely request of either part}, shall provide a brie) written explanation of the basis for the decision The arbivation proceeding shall not be governed by any Federal or state rates o(citil procedure or rates of evidence. Either pam' may submit a request [o the arbitrator to expand the scope of dtscotery under the applicahle Ctxle. The party submitting such a request must provide a cop}' to [he other pam, who may submit ohjections to Ute arbitrator with a copy of the objections provided to the requesting pam, within fifteen (15) days of receiving the requesting party's' notce. The granting or denial of such a request will be in the sole discretion of the arbitrator, who shall notif}' the parties of his/her decision within twenty' (20) days of the objecting pain's submission. The arbivator shall take reasonable steps ro preserve ilte privacy of individuals, and of business matters. Judgrnem upon Ute xwarcl rendered by the arbitrator maybe enteretf in any court having jurisdiction The arbitrator i decision will be Bnal and binding, except for any right of appeal provided by the FMl However, any pam• can appeal that award m a three-arbitrator panel adminis[ertxl by the same arbitration organizatioq which shall consider anew any aspect of the initial award objected to by the appealing pam. The appealing pam shall hare iltim (30) days from the date of entry of the written arbitration award [o notify ilte arhitra- Uonorganization that it is exercising the right of appeal. The appeal 'shall be Filed wiUt the arbitra[itrn organization in the form of x dated writing. The arbitration organization will then notify the other pam that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel that will conduct an arbitration pursuant co its Code and issue its decision within one hundred and tvvenry' (I ~0) da}s of the date of the appellant's written notice. 77te deci- sion of Ute panel shall be by majority' vote and shall be final and binding. Location of Arbitrahon/Ynpmerr! o/fees: Any arbivation hearing that you attend shall take place in ilte federal judicial district of your resi- dence. You will be responsible for pacing your share, if ang of the arhivation fees (including filing, adminisvative, hearing and/or other fees) provided by the Code, w the extent that such fees do not exceed Ute amount of ilte filing fees you wrntld have inatrred if the Claim lied been brought in the state or federal cotut dostst ro your billing address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, xe will consider in good Faith making a temporary advance of all or part of your share of the arbitration tees for any Claim }rou initiate as to which you or we seek arbitration. You wi II not be assessed any arbitra- tion fees in excess of your share if }rou do not prevail in any arbivation with trs. Cmahnuation: This Arbitration Provision shall survive termination of your accounts as well as vroluntary payment of the Account balance in full by you, any legal proceeding by you or us to collect a debt owed by the other, any bankmptcy by yvu or us, artd any sale by us of your Account (and in [he case of sale. its terms shah apply to the buyer of any of yotu Account). Except tiff otherwise provided in the "Reshichats on,lrbihahar" provision above, if any portion of iltis Arbitration Provision (other than ilte "Restrictions me Arbitratron" provision) is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any predecessor agreement you may have had with us, each of which shall be enforce- able regardless of such invalidiry•- Our failure m exercise any of our rights under this Agreement, our delay in enforcing any of our rights, orour waiver of our rights on arrv occa- sion, sh:dl not constitute a waiver of such rights on any other occuion. You authodzz us to request consumer andlor business reports about you, to make whatever credit im'ectigations we deem appropriate, to obtain and exchange arty infomration we may receive fmm consumer or business npurb and other sources, and to use such iNormation for any purpoxs, subject to applicable law. y'ou authorize us to htmish information wncemingyour Account to consumer reporting agencies, orothers, subject to applicable law If you believe infomtation we have Furnished aboutyour Account to a consumer repomng agent}' is inaccurate, you should Waite to its aC American Express Credit Bureau Cttit. P0. Box ; R? I, Ft laudeniale, FL 3332}?8? I and identify the specific iNOrtnation you believe is inaaurate. Ybu are hereby notified that infunnation about your Account that may have a negative impact on yourcredit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. You agree that from time to time we may monitor and/or rewnl [ele- phonecalls between you or,kklitional Canlmembers and to w assure the qualityof ourcustomerservice or as required by applicable law American Express has entered into convacts that enable ilte Card to be accepted at certain federal government agencies and t~parunenn ("Agencies"). As with Cant transactions at commercial establishmenn. when you choose w use your Cant at an Agency, certain Charge infor- mation is necessarily collected by us. Charge itifomtation from Canf transactors at Agencies may be used for processing Charges and payments, billing and collections activities and maybe aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by Agencies are published periodically in the Federal Register. Ne identity insurance providers and products that mac be of interest to you. In Utis role we may act on behalf of the insurance provider; as permitted bylaw. \Ye receive compensation fmm insurance pnniders that may vary by provider and product ,Viso, we may receive additional compensation or financial. benefit when AMEX Assurance Company or another American Exprtss entity acts as the insurer or reinsurer far these products. The arrangements w'e have with providers, includbtg the powt- tial unsure orcoinsure products ma} also influence what products and providers we identity. Arty notice given by us 'shall be deemed given when deposited in the t;.S. mail, pwtage prepaid, addressed to you at the laust Billing Address shown on our rcconls. ~} F))R815213_PALL. vl 2/10/07 5:12 PM Page 4 IX~e may change the terms of or add note terms to dtis Agreement at any time, in accordance with applicable law. We may apply any changed or new terms to arty then existing balartces on your.4ccount as well as ro luutre balances. This written Agreement is x (trial expression of the agreement between the creditor and the debtor and the written Agreement may not be contradicted by evidence of am alleged oral agreement. W'e may also sell, vansfer or assign this.4greement and the Account xt any time without notice to you. You may not sell, assig~t or transfer tour Account or any of your obligations under this Agreement. In the event you dispute a Charge and w2 credit your Account for all or part of such disputed Charge, wY automatically succeed to, and you are aummaticaly deemed to assign artd vansfer to us, any rights and claims (excluding tort claims) that }vu have, had or may have against any thin) party fur an arnamt equal to the amount we credited to your Account. AFter we make such credit, you agree thu without our consent ynu will nut pursue any claim against or reimbursement from such third parr-for the amount that w>e credited to }roar Account, and that you will cooperate with us ff wt decide to pursue the third pam~ for [he aninWl Cfedlted. This Agreement and your Account, and all questions about their legality, enforceability and interpretation, are governed by the Ixws uF the State of Ctah (without regard to internal principles of conflicts of law), and by applicable federal law. We are located in Utah, hold your.4ccount in 1; rah, utd entered into this Agrtroment with you in Ctah. AMERICM Et(PRESS RAhK, FSB TO AAERICAN EXPRESS CARDMEMBERS IN THE UNITED STATES AND TTS TERRITORIES. BILLING DISPUTES PROCEDURE - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information ahouuturhilling dispute pnxxxlures. If you think your statement iswrong or if you need more information about a vansu;tion on yourstatement write us on a separate sheet of paper at the address for billing inquiries listed on your statement. Write to us u soon a possible. We must hear fmm you nu later than 60 days after we sent you the first statement on which the error or problem appeared. You can alw telephone us, but doing str will not presen~e vour rights under this pro edure. In your letter, give us the following information: • Your name and account number. • The dollar anromu of the suspected error. • Describe the error and explain, if you can, why you believe dtere is an error If you need more informatioq describe the item you ate not sure about. If you have authnriztd us w pay your account statement automau- callyfrom your savings, checking or other account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us dtree business days before the automatic payment is scheduled to occur We will acknowledge your letter within Ihirtv (30) days, unless we have corrected rite error b}'then. Within ninety (90) days, we will either correct dte error or explain wiry we believe the statement wu wrrect. .After we receive your letter, w2 w41I tn~ to col lest any amount you ques- oon or report you u delinquent We can continue to bill you for the amount you question, including Finance Charges.l'ou do nut have to pay any questiattxl amount while we are investigating, but you are still obligated to pay the pans of your statement that arc no[ in queston. If we find that w•e made x mistake on your statement you will nut have [o pay any Finance Charges related to any questioned amount If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned antounts_ In either case, we will send you a statement of the amount you owe and the date that it is due. if you fail to pay dte amount [hat we think you owe, wE may report you u delinquent. HowereS if our explutation does not satisfy you and }'ou write [o us within ten (10) days telling us that you still infuse to pay; we must tell arnrone wx report }rou to that you have a question about your statement, and we will tell you the name of am'one u2 reported you tn. We will tell anyone we report you to that the matter has been settled between us uiten it finally is If we do not follow dtese rules, we will not collect the first 3i0 of the questioned amount, even if vourstatement was correct. If you have a problem with the qualin• of propem' or services that you purchased with the Carl, and you have tried in good Faith to correct the problem with the merchant, rou roap not hate to pay the remaining amount due on the propem' or senices. There are two limitations to this: (a) You must have mule the purchase in}'our home state or, if not within vour home state. within 100 miles [)[vour currem mailing adtlrcss; and (b) The purchase puce must have been more than 550. These limitations do not apply if we own or operate the merchant. or if ue mailed }rou the advertisement for the property or services. Note for Ohio Residents: 71te Ohio laws against discrimination require that all creditors make credit equally available to all credit- wrorthy ctsu>mea, and that credit reporting agencies maintain separate credit histories on each individual upon request Tjte Ohio Civil Rights Commission administers compliance with [his law. A{;rt~etn<rttf 13hlttr~t°r f-:n~~luu~ntit~ r au<? '>tu+rrn•.ttr I•.zttir~.l?~a; ~ I(el:~te~cl`~~cr,ir~t C:nntp.tu~. (trr~ t.<<rn°er~ut ~ }.c~rtro~~iF j' li ttc~ Ir';.iit~if:'7 .`~[`CSI<'t'~ ONCE YOU ENROLL IN PAY BF COMPUTER, PAY BY PHONE OR ANY OTHER AMERICAN EXPRESS ELECTRONIC FUNDS TRANSFER SERVICE (HEREAFTER THE "PROGRAM"), You WILL BE SUBJECT TO TNIS ELECTRONIC FU!YDS TRANSFER AGREEMENT (THE "EFT AGREEMENT"). This EFT Agreement covers vour participation in the Program. In this EFT Agreement the wools "you" and "your" refer w the Basic Cardrnember and also include all Additional Cardmemberswho have enrolled in the Program. The wools "we," `our" and "us" refer to American F,xprecs TraseI Related Services Company. Inc Tfte wools "your American Express Accounts' refer to your can( account govemetl by your Cardmember Agreement ("Carl Account") or am other Americus Express Accounts that we permit you to enroll in the Program. The words "your Bank Account ' refer to the account held by a bank. securities Firnt or other financial institution From which payment will be made when you make traztsactions under the Program. The urords 'your battle" mean thehank, securities firm orother financial institution that holds your Bank Account. The words `otter options' refer to electronic payment transfer options aneVur other cub access that American Express may make available from time w Ume, including the option to pay your Hccoun[ bill electronically using a computer, phone orother device. YourAccount is governed by dte Cardmember Agreement that is attached to this EFT Agreement That agreement and the capitalized temts in it also apply here. Each time you initiate a transaction under the Program, yrou instinct and authorize tts or our agent to draw a check or initiate an automated clearing house ("ACH ') debit in your name on }roar Rank Account payable to us or to our agent, in the amount of the transaction. The atnount of the transaction is the anwunt of the Account bill you paid or other funtLs transfer you audwrized, plus any applicable fees nr charges. We ma7 charge a fee of S381or each check or ACH debit drawn by to or our agent in connection with the Program that is not honored upon first presentment subject w applicable law. lour bank may also uses its customary charge for such items, if any. If any check orACH debit drawn by us or our agent in connection with the Program is not honored by vour bank, wY have the right ro charge the amount of any such transaction. and the dishonored payment fee referred to above, to the Card Account or ro collect the amount fmm you. It this happens, we may cancel your right to participate in the Program. For certain Rank Accounts, you may have a separate agreement with us or witlt a participating battle, securities (trot, or other finartcial insti- tuvon that allows a line of credit [o be accessed in the event drat vour Bank Account contains insufficient funds to make payment to us. You should refer w the appropriate agreement relating [o that line of credit for the terms and condiunns that govern its use. You must tell us AT ONCF, if you believe a transactlon under the Program hu been made widtout your authorization. Telephoning is the best way of minimizing possible losses. if a transaction wu unautho- rued, and within two days after you loam about it you notifi tts that the transaction wu unauthorized, we will not hold you liable (or that trans anion. In any Brent even if you fail to north' us, your liability far any unauttorized transaction or series of related unauthorized transactions shall not exceed SSQ l(you beliere that wroeone has transferted or may vansfer money From your Bank Accoum without pemtission, calla ~S(K)- 538-4800 (within LLSJ or I-33f~393 I I1 I (outside U.SJ anytime, or write:.American Express Credit Department PO. Box 53830, Phoenix, Arizona 850?2-3830. If a transaction is not completed as you have directed or if we do not complete a vansfer to or From your Bank Account on time in the correct amount we will research and correct it u nerxssary, once you advise ta. 41'e will also reimburse you for wort actual Itxsses or damages, if arty, caused by nor error. However. there ;ue some exceptions. We will not be liable to you in the (allowing instances: • it. though no fault of ours, your Bank Account does not or did not contain enough money to complete the a ansaction or the tratufer would exceed an established credit limit; • if the funds in }roar Bank Account are or were at the time of the attempted transaction subject to legal process or other encumbrance restricting the trartsaction; • ifcircumstanrxsbe}rondourcontrol(suchasfireorHtwd)preventnr prevented [he transaction, despite reasonable precautions [hat we have taken; • if a technical malfunction known to y'ou prevented the transacton; • or any other exceptlons stated in this EFT Agreement. ~. Fur purposes of this EFTl4greementour business days are Monday through Friday. Holidays arc nut included, The Card Account is governed by the CardmemberAgreemen[contained herein. The Arbitration provision contained widtin that agreement applits to [his F.FTAgreement. Please refer [n that provision as you read this EFT Agreement. F.lecvonic funds transfers }rou initiate pursuant to this F.FT Agreement are crnered by'the American Express Privacy Policy, a copy oFwhich w•as given to ynu wgedter with yrourArnericart Express Carl. To view our Privacy Polity' online, please visit antericanexpress.com. Address: American Express Travel Related Services Company, Inc., Electronic Funds Services, P.U. Rox zy?8I i, FL Lauderdale, FL $3329 ?81 i or e-mail us by clicking on the Customer Service link online at www.americanexpress.com. Telephone: I-800 CASH-KOW; 24 hours a day, seven days a wEek. Write or call us at the mm~ber or address given above u soon u }rou cart if you think your statement or receipt is wrong or if you need more infor motion about a transaction listed on your statement or receipt. We must hear fmm you no later than 60 da}s after we sent wu the F1RST state- ment on which the problem or eror appeared.lf }rou are delayed in contacting us due to extenuating circumstances (such u a hospital stay[, wn may extend d»s (iU days for a reasonable time. I. Tell us your name utd Account number. 2. Describe the error or the transaction ynu are unsure atwut and explain u clearly u you can why you believe it is an error or why you need more information. 3. Tell us [he dollar amount of the suspected error. II you tell trs orally we may require that you send us your complaint or question in writing within ] 0 business days' from the date you noti- fied us. We will tell you the results of our imastigauon within 10 business days` after we hear fmm you and we will correct any error promptty. II we need more tlme, however, we roxy take up w 45 calendar days to investigate your complaint or question. If we decide to do [his we will assure that your bank recredits your Bank Account within ]0 btainecs days' fnr the amount you think is in error, scr [ha[ you wiB have the use of the money during the time it takes us to complete our investigation. If we ask }rou to put }roar complaint or question in writing and we do not receive it within 10 business days' following your oral notificaion, w>' may not recredit }roar Bank Account. IF notification of an error is received wid»n 30 calendar days after your Rank Account is opened, we will have 20 business days to provide ynu with [he results of our investigation and correct any error and 90 days to complete the investigation. If we determine that there wu no error. we will send you a written explanation within [bore business days after we finish our investgaton. Cpon }roar request we will provide sou with copies of dte documents that I FDR815213_PALL.vl 2/10/0,7 5:12 PM Page 5 w•e used in our im~estigation. ll we have provisionalh~ recredited your Bank Account during Ute investigation and determine that there was no error, we wit I nouly you ref the date on which we will redebit your Bank Account and [he anwunt to he debited. Y'ou should make certain that your Bank Accoum contains sufficient funds to cover this debit. if it does not, wee have the rigln to charge such umtunt to the Arcrwnt or [u collect the amount from you, If this happens, w~e ma}• cancel your right w participate in the Program. lC'e, or anv hank or financial institution participating in Ute Program. may old to or remove fmm the Program any or al I ATMs or extend or limit Ute services provided at xny location without notifying you before- hand. Inaddition. we maydiscontinue the Program at anytime. Your right to participate in the Program will be terminated or suspended if the Card Account is canceled or atspended, if you cancel the authorization you bare given your bank to directly charge checks to your Bank Account, i(tlte Bank Account Fmm which payment will he made when you make transactions under Ute Program is dosed to with- drawal transactions by us or our agents, if your participation in the Program is inactive for 18 catsecutive months or more, or if Ute Card Accotmt is no longer in good standing. In ackiition to the foregoing. we may revoke vour right to participate in the Program, at anc time, at our sole discretiou, with or without cause, subject to applicable law If tie do so, we will send you written notice, but we may not send you the notice untl abet the [evocation. We also hatre the right to dens' authorization for any requested transaction, at arty time. at our wle discretion, with or without cause, and wittout Biting you notice, subject to applicable law You may terminate yoty participation in [he Pmgrarn but you must d[r so by writing to us at [he address disclosed in the Section of this F,FT Agreement entitled "HOW TO CONTACT CS. ' This F.FT Agreement supersedes all poor agreements you may hate with tts relating to the Progrant. li'e hate [he riglu to assign this F.FT Agreement w a subsidiary or aBiliate company at any tlme. :1NERICAN EXPRESS TRAVEL REIATED SERV7CFS COWIPANY, INC. General Disclosure Statement. Any documentation provided to y'ou which indicates that art electronic funds transferwu made shall be admissible ac evidence o(such transfer and shall constitute prima facie proof that such transfer was made. The initiation b}' you of certain elxwnic funds transfers fmm your Bank Account will, except as otherwise provided in this EFT l4greement, effectiveh~ eliminate your abilin• to stop pa}vnent of the transfer. UNLESS OTHERYG9SE PROVIllED IN THIS EfTAGREEYtENT,1'OC 1tAY NOT STOP PAY•:NE\T OF EIt:CTRONiC FUNUS TRANSFERS; THF.REFORE,1'OC SHOULD NOT EMPLOY F.fE(.TRONIC ACCESS FOR PCRCHASES OR SF.RY9CF.S ITIF.SSYOC ARF. SATISFIF.UTHATYOU U'11J. NOT NEED TO STOP PA}'NF.NT. Disclosure of Account Information to Third Parties. IFyou give us your written authorization to disclose information about you, }'our Account or dte transactions Utat you make to any person, [hat authorization shall amomatically expire 45 days afterwe receive it. Optional Limit on Obtaining lash. You have the option to requed tlrat uE limit dte total amount t$ cash Utat you may obtain from ATV1s in a single day to 550. IFyou elect this option we will take all reasonable steps to wmply with your request 'For 1lassachusetts residents 10 calendar day's instead of business days. Iftt• I'urrlttts, 1'rttt~<~ti~ru 1'i.ru How the Purchase Protection Plan Works W7ren an Americart Express" Cardmember charges a wverxt purchase with his or her Cana account.' the Purchase Protection Plan protects that item for 9(1 days from the date of purchase if it is stolen or accidenWly damaged, including vandalism. The coverage is limited to $1,000, per Occurrence, up to 550,000 per Cardmember account per policy year, and is in EXCESS of other sources of indemnity. • 1[ems of perwnal propem puchasel worldwide with the Cant are covered, including gjfd purchased for others. • As a Cardmember, yrour purchase is covered for )U dayR from Ute date t>f purchase when you charge any portion of Ute price of the purchased item with your Card account' You will only he reimbursed for the amount charged to your Card. • The Rtrchase Protection Plan provides coverage fur up to 51,000 per Occurrenceuf thehoraccidenW damage. includingyxndalism, ("Occurrence"}, not to exceed 550,006 per C,ardmemher amount per pulic}•vear. -- • The program administrator will decide whether to have the item repaired or replaced, or to reimburse you (cash or crtdie) up to the arnount charged to the Card, and not to exceed the original purchase price.' The Purchase Protection Plan does not reimburse for shipping and hurdling expenses or installation. assembly, or other service charges. loo are wvrred under this Plan and coverage remains effective u long as, you are a G.S. resident Cardmember. Ufa[ is, the American Express Card has been issued to you in your nante, and you maintain vour pennarrerrt rtsitlence within the 50 United States r>(Arnerica, [he District of Columbia, Puerto Rico, or the L'.S. Virgin Islands.' Ytwr permanent residence is considered your priman dwelling. • Benefits uill not be paid if, nn the date of Occtrrence, nn the date of claim filing, or on the date t><would-he claim pa}•ment any amount due on your Cant account is unpaid for one or more bit ling cycle(s) or your Cartl awtwnt is canceled " • You must provide pretof of purchase and satisfactory proof of the theft. aceidental damage, including vandalism, while coverage is in effect [o qualify for payment under the Purchase Protection Plan. Remember to keep all your American Express charge receipts, orig- inal skrre receipts, utd dunaged items. • Coverage under the Purchase Protection Plan is EXCESS; this means that if, at the time of Occurrence, you have other valid and collectible insurance or indemnity- such as but not limited to homeowner's or renter's insurance -the Purchase Protection Plan will cover that amount not covered b)'such other insurance or indemnity, up w the limits of the Rirchase Protection Plan. • Product rebates, discounts or money receivtd From lowest price comparison programs will be deducted from the original cost of the item. • travelees checks, Gekeb of any kind, negotiable instruments (such as gift certificates, gift cards and giR checks}, cash or its equicalenC • animas or living plants; • consumable orperishable items with limited life spans (such as, but not limited toperfume. light bulbs, batteries); • at the time of purchase, used, rebuilt. refurbished, or remanttlactured items; • if Ute damaged or stolen item consizu t>f anides in a pair or set coverage will be limited to no more than the value of any particular part Departs, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value the anidels) may have had u part of a set or collection; • permanent household and/or business Fixtures, including but not limited to carpeting, flooring and/or tile; • businessfix4ures,including, but nut limited to airconditionen, refrigerators, heaters; • custom hospital, medical and dental eyuipment and devices; • rare stamps or wins; • antigtte, previously owned items; • itemspurchasedforre~ale; • items still under installment billing (except those purchased fmm American Express 12erchandise Services); • motorized tehicles and watercraft, aircraft, and motorcycles or theirmotors, equipment parts or accesseme ; • items ranted, leased or borrowed [or which you will be held respoasibte. a • items krstormisplaced; • itemsstolenFrommotorvehicles; • items not reasonably safeguarded by you (forexanrple, unlocked or unattendtxl items stolen From public lactlities will not be covered); • items stolen fmm baggage not carried by hand under vour personal supervision or under the supervision t>f a tmvelingcompanion known by you; • itemsttiatyoudamagethroughalteration(includingcutting, sawing, and shaping); • items d,unaged due to normal wear and tear, inherent product defect or normal worse of play (such as, but nut limited to, golf and tennis balls); rkcurrences caused by any of the following: • Fraud; • abttse; • natural disaster including but not limited to flood, earthquake, tomade or hurricane; • wazorhostilities oFany kind (e.g., invasion, rebellion, insurrection); • confiscatirxr by order of any government. public auUtoriry. or customs official; • risks of contraband: • illegalactivin•oracts; • radioactivrecontamination; • items lost, dantaged, or stolen under Ute care and contml of a third party or common carrier. • rnanufacmrercc~fects; • items at an unoccupied conamction site. Remember, to insure prompt processing of vour claim,r'ou need to report anv theft, damage immediately following Ute date of the Occurrence, including for gifts purchaxd with the Card. Remember alw, you need to retain your receipts and yourdarnaged item (if reyuired) until the dtim process is complete. 1. Calltoll-free I-800-322-1277 w report your claim (overseas, call collect at I-303-273-6d9B). Note: ]bu mr~,ct reportyorn cGrirn rrtilbin 30daysfrom the date of Ouurrence. 2. You may be sent a Purchase Protection Claim Form which you must complete, front and back, sign, and return to the claims once wiUt the follaving reyuirtd dceument< (keep copies for yrour own records): • theAmericanExpresschazgereceipt: • theotiginaliremizerlstorcreceipt, • theinsuraricededarationfonnsforyourothersourcesofinsur- ance or indemnity (e.g., homeowner's or renter's insurance): • a photograph of and/or repair estimate for the damaged item (daruage claims only); and • for Ureft and vandalism claims, a report regarding the stolen or vandalized items must Ire filed wiUt the appropriate authority before you call to file a claim with the Purchase Protection Plan. Note: You mast rehrrn igaY complelrrl claim form and rer]uirtrl documenk wid~in 60 dot's from the rtate ojOccurrenee to remain eligible jor cormrage. 3. The pmgram administrator will decide whether to have Ute item repaired or replaced, or to reimburse you (cash or credit') up to the amount charged Ice the Cant, and not to exceed the original purchase price. The Ptuchase Protection flan does not reimburse for shipping and handling expenses, or installation, assembly, or outer service charges.' Note:.No prCwment rrdll be nrnde for invalid dorms rm ore anP clainac not srrbstan[iated m the mrmner required by the brsurer. 4. Fordamage claims, you may be required to send in the damaged item(s), at your expense. for Further evaluation of your claim. Note: !f requested, Too nursl.reruf ire the rtamaged ftern rzathr'n 30 stays from the date ojraluest to renmin eligible jor wr~eruge. The benefits provided under the Purchase Protection Plan apply only to yroa Otdv you has[ anv legal or equitable right, remedy, or claim to insurance proceeds and/or damages under or arising from the Purchase Protection Plan. All reasonable and practical steps must he taken to avoid or lessen any dtance of property covered by the Purchase Protection Platt being stolen ordamaged. V+'hen a benefit has been paid under the Purchase Protection Plan. the Insurer becomes subrogated, to the extent of such pa}vnent, to all your rights and remedies against any responsible party. Upon our request, you must provide us reasonable assistance, including signing documents if necessary to bring suit in your none. The Purchase Protection Plan is undenvrit[ert hyAVtEX Assurance Canpany ("insurer'), Athninistrative OIPice, Green Ray, Wiswrsin. This doctment senses only as a description r>t wverage and is nut a policy or wntrac[ of insurance; the actual temts. conditions and exclusions of Police AXOy51 ("Pohc}~') govern Ute Purchase Protection Plan. The Polic}• ltas been issued ro American Express Travel Related Services Company, Inc. ("N nerican F'_xpress ),the Polinitolrler Ti»s document replaces all existing prior llescriptions d' Ca>'rage for tite Purchase Protection Plan. ~ C~ ~~~ Kenneth J. Ciak, President [imothp Jleehan, Secretary A'vfEX 4ssurance Company .A.MEX Assurance Company b72G 1 I-Ul 1. For thane eligible rntd enrolled err dae;ttembersbip Rewarzfs• program, the cost ofn covered product nray also be purchased throagb rctlemplirrn of a ,Ncmrber;chip Rerznrds c'ertifre'ate. 2. Frn• !hare eligible and enrolled nr the;6/embersMp Rewards program. benefits are also paid when tbeprrrdiaced item is received through the reden:ptiom nf,ifemberohip Rewards redemp- Imn cerlrficate. FDR615213_PALL. vl 2/10/07 5:12 PM Page 6 3. Credit reimbur?emPrtl d0ec nv[ apply to here fork .Gate rPS!(lenlc. 4 For !prise ehgihle and enrolled m the ~4fernbrrship Rerenrds pmgranr. pr?t'nrent or aedr7 will not exceed for origrnnl assigned slue oJtbe personal properA' reu'<rvr! through retknnption q/u tfembenlN(r Reuurdc re~lemtption certific(tle itp to tbe.claterl limits. erdutGng shi/rping and handling exyetrses. 5. /mpnrt(mt note firs tbare enrolled in 1be,Nentbersinp Rewards pragmm: A,ttenrbrrsbip Rewards redc'ntption certific'ak' urn onlf be redeemed b~ eligible L'mdmentbers. Benefits rcr!! not be pai(I u~ben a Mentbersbip Rewards redentphon cerTifrcate bas beery traucferred to nrnr-efigible Cantmembers and/or non- Crrrdmembers 6. Does not apple to ,New York SWk revtilentc. ,' When elirdble and emmlled in tbe,Nembcrsbip Reu~anis program, proof q(aaignPrl a+(ue pluc'ed on such pmpe'rtt' u~/~en wing Membership Rerenrds redemption crrbfcute. mucl be submitted in addition to the otbrr r~uirert documents. ijrequtste(/ t'--s How the Buyer's Assurance Plan Works u--'hen a Canlntemher charges the entire cat of a [cured product with his or her Card account' the Buyers Assurance Plan will extend the terms of the original manufacturer i warranty for a period of time equal to the duration of the original manufacturer's warranty, up to one addi- tional }rear, tut warranties of five }ears or less that are eligible in the C.S. • The Buyer's Assurance Plan minors manufacturers' warranties for covered products purchased entirely with your Carl account, up to one additional }'ear. • When }'our covered product's manufacturer's warranty expires, the Buyer's Assurance Plan takes effect. The Buyer's Assurance Plan cannot pay more than the actual amount charged to your Card for the item or S 10.(x10: whichever is less (not to exceed S50,OW per Cardmember acwunt per policy year for all Occurrences combinetp. • Coverage is provided for any prxlud malfunction. defect or damage covered by the terms of the praluct's original warranty ("Occurrence") -- at no extra cat. • For items charged entirely with the Cana, the program :ulministrator will decide whether to have the item repaired or replaced, or to reim- burseyou (cash or credit), not to exceed the original purchase price. The Buyer'sAssurance Plan dues not reimburse for shipping and handling expenses orinstallatioq assemhly, professional advice. maintenance or odter service charges.' • lGfiere the pervmal propem consists of ankles in a pair or set, this Polic}'sh;dl be liable fur one item in the pair or set which loan the basis of claim hereunder • No product registratirnt or enrolbnent is required for any covered products, including gifts purchased for others. You are wverexl orator dtis Plan and coverage remains effective at lung as you are a C.S. Resident Carlmember, [hat is, the American Express Card has been issued w you in your name, and you maintain yotu permanent residence with in the 50 United States of Nnerica, the District of Columbia, Puerto Rico or dte C.S. Virgin Islands.' Your permanent residence is wnsi~red your priman' dwelling place. • Benefits will nut be paid B, on the date of Occurrence, on the date of claim fi ling, or on the date ofwould-be claim pamtent, any amount due on your Card account is unpaid for one or more billing cycle(s) or your Cart! account is canceled.' • You must provide proof oFpurchase and satisfacmrv proof of the soured Occurrence while coverage is in effect to qualify for benefits under the Buser ~ hssurance Plan. Remember to keep all your .American Express charge receipts, original store retzipts, original manufacturers warranties. and pralucts reyuiring repair. • Ifyoupurohaseanadditionalseniceconuaaorextendedwamann' with a product which is otherwise eligible under the &ryer's Assurance Plan, and the combined courage provided by bout the original manufacturer's warranty and the purchased service contact does not exceed five years, then the product is eligible for courage under the Royer i.Asvirance Plan. The Buyer Assurance Plan wit l extend the warranty time period and mirror courageof the original manufacturers' warranty up w one additional year after both the original manidacnuer'swamanry and thepurchased servicecontract hau expired. If, howeur, eon purchase an American Express" Service Platt with a purchase from American Express Merchandise Services, the Buyer's Assurance Plan will apply before the Service Plan is in effect If the combined [outrage of the original manufacturer's warranty and the purchased service contract exceeds five years then the product purchased is not el igible under the Buyer's Assurance Plan and no courage applies. • If you buy an acklitional service contract or an extended wamann' for a computer, wmputer component or part that already comes with an original t'.S. Manufacturer c warranty, unless such courage is providtd Irom and administered b} [he original manufacnirer, coverage under the Buyer's Assurance Plan dues not apply. • products nix haling manufacturers warranties valid in the O.S.; • at the time of purchase, used, rebuilt, refurbished or remanufacmred items; • pnxluctc corered by an unconditional satisfaction guarantee; • motorized uhicles (such as cars, trucks, motorcycles, boats, airplanes) and theirparts, subject to high risk, combustlble wear and tear. or mileage stipulations (including hattenes, carburetors, pipes, hose[, piston's, brakes, tires. or mufflers); • motorized devices and their parts used for agriculture. landscaping, demolitiwr or conswction; • mowri.txd devices and their pans which are permanent additions or fixtures to a residential or commercial building; • businessfixhtres.inchtdingbmnotlimitedtoairwnditioners, refngerxtors, heaters: • IandorbuildingS; • comsumableorperishableitems; • animalsorlivingplants: • one of a kind productti which [armor be replaced; • i[emspurchasedfortesale; • items still under installment billing (except those purchased Imm .Amedcan fxpresc Merchandise Services); and • produc's with manufacturers' warranties, or combined manufac- mirer's warranuesand service plan agreements, lasting in excess of fin years. • any physical damage, including damage ac a direct result of natural disaster or a power surge, except w the extent the manufacturer's warranty' covers damage; Occurrences caused br any of the following: • fraud; • abuse; • war or hatllities of arty kind (e.g, invasion, rebellion, insurrection); • confiscation by onfer of any government, public authority, or customs official. • risks of contraband; • illegal :icdvin or acts; • radioacuvecontantinauon; • mechanical failure covered underproduc[ recall; • all Occurrences that take place outside the Buyer's Assurance Platt courage effective period. Remember, you need to report any Occurrence immediately, including [hat for gilts purchased with the Card. Remember also, you need to retain your receipts, the original manufacturer's warranty and dte product requiring repair until the claim process is complete. You may also be asked ui obtain a repair estimate. 1. Call toll 1rce I -800-225-3750 tit notify its of your claim (orerseas, cal l collect at f-303-273-6498). Note: fbu mwl report t'orn' claim untMn 30 dut'sjrtm the date of Qccnrrem e. ?. The program adininistratorwillclecide whether to hau the item repaired or replaced, or to reimburse you (cash or credit') up to the anwunt' charged to the Card, and not to exceed the original purchase price. Buyer's Assurance Plan does not reimburse for shipping and handling expenses or installation, assembly, or odter service charge[? Note: No,oayn:er:t tiff! be made jot irrinHd claims or claims not substantiated m the manner reyitired by the brsurer 3. You must remm all reyuesred documentation within 60 days from the date of Ikcurrence to remain eligible for coverage. 4. For some claims, you maybe required to send in the damaged product. at your expense, for further evaluation of your daint. Note: lfrrrjuestal. you must send in the damaged produU untMn 30 datsjrom the d(ue rjrory:tesl m rcmrain eligible jot correrage. The benclirs provided under the Buyer's Assurance Plan applyotily to you and additional Cardmembers on your account Orily you and those persons hau any legal or equitable right, remedy, or claim to insurance proceeds and/or damages under or arising From the Buyer's Assurance Plot. Subject to dte terms and conditions of the Plan, if the Cardrnember is notified that any warrann• has ended for anc reason (such as banlwptn of the manufacturer or other responsible pam•), the Bu}'er t Assurance Plan will continue to provide coverage, not to exteed one year from the dare the Carhnember is notified of such an event. The fanlmember mxv he asked w provide proof in the form of a public announcement or other official documentation. The Buyer i Assurance Plan is underwri [[en by AV1EX Assurance Company (`Insurer"),Administrative Office Green Bag Wiscancin. This document serves only as a deccrip[ion of coverage acid is not a policy or contract of insurance; the actual teens. rnndiuons and exclusions of Policy AX0953 ("Policy'') goum the Hucer's Assurance Plan. The Policy has been issued to American F.zpress Traul Related Services Company, htc. ("American Express"), the Policyholder This document replaces ail existing prior Descriptlotu o(Coverage for [he Buyer s Assurance Plan. ;fig ~ ~~~ Kenneth J. Ciak President Timothy Meehan, Secretary AMEX Assurance Company AMEX Assurance Company 6717-II-OI 1. For tlxzce eligible acrd enrolled in the -Nemtberchip Rercards• program, the etrlrre cast of a ravered pratuct tray rtlso be purrhusrd through rcxlemptir»r of a ;Ilembersbrp Rewards TC'(le)nptt'o1J fXJ'hfLltte. 2. Credit reimburserneia! does not spelt to Neu• York 37ate revrdenls. ~. For thane eligible rout enrolled in the:ltembrrslaip Rewatdfi p%gram, payment or credit ail/ not erceeri tbe original asvigned vabce of the perromd prry~erh' received tbrorrgh rcrtemptimr oja ,4lennbersbip Rerenrds redemption crrtijicute up to the stated /imik, exclurh'ng sMppiug and hurrdlinq egrcmce. 9. Important note jar tbace enrolled in the Afrmbersbip Rewatdc• program: A Membership Rewurrts redemption rertifiarte urn onh' be redeemed bt' eligible Gtrdmembers. Benefi6 u^ill not be paid when a;ttemherslrip Rewards redemptiar certifrutte bas been hunsferred tonon-eligible Cmdmemberr and/or nan- G'rrnimembers. S. Dais not app[y fo Neu' Birk Slute reculents. ~` lt)(},O1)O-:~?.ii).tiU(f -- ~:;fpfP.(f(tfi- .~1,$(}(}.pOt)"1'r,tErl l<r,iilr:nt 1n~tn-anri I'ndnzr rith~^ be iVl i~ t ', ,umrn ~ t-,rtul~;t try tdutini~b-.a[rtr l)![7rr, ttr i`.r:-. tl ;~r~,~r:=irr (Nrrrirr raflcd "tfu~ t .o~rt~„u~.. DESCR1PI70N OF COVERAGE A person shall be a Coured Person under [he Blanket Master Group Policy.AX0948 ('[he Polity") ooh' iE ]. he or she is: a For $'10(1,000 [storage, a Basic or Additional Cardmember who has any of the following Cant[, or the extended pa}mrent account offered in conjunction with am of following, issued by American Expresc'Ii-auI Related Services Company, Inc. ur its patticipatlng subsidiaries ("American Exprtci') in his or her name: American Express°' Business Card, American Express" Cash Rebate Card, American Express'` Communin• Business, The American Express Costco Card (IllC), .American Express" Catco Business Card, Nuerican Express Catco Cash Rebate Card, American Express" Credit Card, American Express" Investment Management Account Gold Cant, .0.merican Express° Preferred Rewan$ Green Card, Nnerican F.xpress• Preferred Rewards Gold Card, American Express° Rewanls Guld Card. American Express'° Rewards Green Cana, Bank d Hawaii Credit Card Fmm American Express. Bank of Hawaii Gold Credit Card from American Express, Best Rate Carl, Blue for Business from American Express, Blue for Students`", Blue from American Express, Binghamton Savings Bank Gold Credit Card from American Express, Binghamton Savings Battk Business Credit f„tni lmrn American F.xpnss, Business Capital fine from OPEN from American Express'", Bitsinecs Gold Card from OPEN from American Express'", Business Management Account from OPEN from American Express'", Business Membership Reutards• Card, Baines Purchase Account from OPEN from American Express`", Buyer's Bonus Card, Continental OnePass Credit Card from American Exprs, Business Card from OPEN from American Express`" including beginning with account number 37134; Baines Cacti Rebate Credit Card Irom OPEN from American F.xpresc'"~, Business Ctxtco Cant from OPEN from American Express`", Delta SkyVfiles" Business Credit Cant from OPEN from American Express ". Delta SkyMilec® Credit Carl, ~} FDR815213_PALL.vl 2/10/07 5:12 PM Page 7 Iklta Sky:Miles° Options Credit Card, Eaecutirm Business Card from OPEC; from Mrerican Express'". Gold American Express PoNolio Credit Card, Gold Card. Gold Iklta SMltile<° Credit Card, Gold llelta SkyNiles° Business Credit Cant fmm OPEN fmm America[[ Express'", Gold Senior Cattl, Guld Student Carl, ,Men:bershyr Rercurds" Credit Cant fmm American Express, ,Ncnnbersbip Rew•urds Options'" Credit Cant from American Express, National Multiple Sclerosis Credit Card. Optima° Card Accoun6, Optima° Cash Rewards Card, Optima° Gold Carl, (>puma° Platinum Card, Optima°' Platinum Cash Rebate Card, Optima" Platinum Preferred Card, Personal Card, Personal Choice Card. Personal Senior Card, Personal Student Card, Platinum Cash Rebate Card, Platinwn Delta SkyMilec" Card, Platinum ShupRite Credit Card from American Express, Starwvod Preferred Guest Card trom.American F.xpresc, The American Express" Got[ Cank. The Fidelity American Express" Card. The Fidelity American Exprtx "Gold Card, The Hilwn HHonors° Platinum Credit Card from American Express, The New York Anick Card from American Express, The Newyork Rangers Card from American Express, The Small Business Card From American F.xpre_ss; or b. For$?5QrNloco+,erage,aBasicorAdditionalCatdmem6rrwhohas a Rewards Plus Gold Card, Corporate Rewards Plus Gold Carcl or the extertderk payment account offered in conjunt2ion issued hr' American Fxpre¢ Traul Related Services Company, loc. or its participating subsidiaries ("American Express") in his orhernante; or c. For$500.OOOcorrrage,aBasicorAddidonalC,ardnxmberwttohas a Platinum Card". FidelityAmerican Express Platinwn Card°. Mterican F~grress" Invesmtatt Management Accown Platinum Card, Arerican ExprrssBusinrss Platinum ('ard° from (1PEN Fmm American Expresses'. I exus Platinum Card°', American Ergaess Platinwn Financial Seniors Cani.1AC/fDC Platinum Cant or der extended payment atxxwnt offered in conjttrtc[ion issued by American Express Traul Related Senias Company, loc. or its participating subsidiaries ("American Express") in his or her name on a Platinum Card AmowtC. or d. For$ISOQ,(X10cnrmrage.aBasicorAdditiaralhardmemberwho has a Cxnmriwt Card, American F,xpress° Business Carturion Card" fmm OPEN fmm AmericanF.xpresr- or theextrndtvlpayment account ttffered in conjunction issued by American Express Trarrl Related Services Company, loc. or its participating subsidiaies ('American Express") in his or her name on a Centurion Card Amount; or e. the spouse,DanesUcPartnerordependerttchildwtderagel3ofany eBgible person described in (a), (b), (c), (d) estrous and 1. his or her Pemranent Residence is in Ote 50 United States, District of Columbia, PtterRr Rico, or l!.S. Yirgin Islands. "Acddrnt"whenever used in this Polic}• means an unexpected event which causes Injury and shall also include exposure resulting from a mishap on a Common Carrier Conveyance in which the Loured Person is traveling. "Additional fardmember" means any individual who has received an American F.xpresc Card xt dte request of a Basic Cxrdmember For rue in connection with the Basic Carlmember's American Express Cant account. "American Express Cazd"shah mean, unless otherwise specified. any of the Cards or Aaounts listed abou under Coveted Peisoiu. "Basic Cardmember" means any individual who has asked American Express to issue one or more American Express Cards and who has an tvnerican Express Card account. "Common Carrier Conveyance" means an air. land or water chicle (other than a rental) licensed to carry passengers for hire and available to the public. A trip is a "Covered Trip" if: 1. it is a trip taken by the Loured Person between dte point of departure and the final destination as shown on the Loured Person's ticket or verification issued by the Common Lamer Conuyance; and 2. the Cowered Person's enure Fare for such trip on that Common Carrier Corneyance has been actually charged to a specific American Express Card account prior to any ]njury•. "Domestic Farmer" means a person of the sanre or opposite gender who meets the following requirements: I. has shared a residence with the Basic or additional Cardmember for the tut 12 months and plans to continue doing so: 2. is not marled to any other person and is not committed to another Domestic Partner: 3. is at least 18 years old; 4. is not related tit [he Basic oraddi[ional Cardmember by blotxl closer than would bar marriage per state law; and -~-- ° 5. is financially interdependent with theBasicorAdditional Cardmzmber and documentation of mutual financial support such as copizs of joint home oumership or lease, common bank accounts, credit cards or im~estment< can be supplied. "Injury" means bodily injury which: I, is catutd by an Accident which c>CCUrs while [he Covered Perwn:s insurance is in force under the Police: and 2. results in loss insured br the Police: anti 3. creates a Loss due, directly and independently of all other causes, to such auidental bodily injun. "Petmanrnt Residence" means the Covered Person's one priman dwelling place, where the Loured Person pemtanendy resides. .4s a beneJtt ojCardmnnbership, tbeConered Person wftf rtrzir~e a hero{tt level of $IIXI.OGY)- $250. ~- $5(>v. (XXI - $1.5(Kl, IXXI depending on the Jype oj:9merrcun F~iress Carduaourrt tired to clbarge the Commme farrier Gmvetrrruefareforfhe Cor~eretl7tp~. Please refer Po the Covered Perao>rs,rrtYimr oftbic Decc+yr/ron o(Corxrage. Ifyou arestrll unsrmeuhr! bem~it lecef ajcor•ernb~e apyfirxW t+rurAmerican F.rpress Grrrl. jdeusecarkultheCustornerSen•itrCenterloU-(reenumberl/sted air the beck tf t vur Card uLro sboum on your Card s!<itemerrt. Toble ojLosses Loss of Life 3100.000 5250.000 Dismanbermen[ lossofbolhhandsorboth(eet $IIl0.I1W $250,0011 [t>ssofonehandandonefcot $100,000 $250,i)DO Loss ofentiresighlofbotheyes $100,000 $250,000 loss of attire sight of one cye andonehandoronefax SIW.(IW $250,1100 Israofatehandoronefoot $10.110(1 $125.000 lossofrnuresightofonee}'e S>U.(100 $125,000 ~~~ Loss of Life 3500.000 X1,500.000 Dismanberment Lcasofbrthhandsorbothftrt 55110,000 $1,500,0(10 lossofonehandandonefoot $SIXI,Of10 $1.5(10.000 Lossofentiresighlofbothtyes $5(10.(1011 31,500,(100 Loss of enure sight of one e}•e andonehandoronefoot 5500,000 $],500,([1)0 Lacsofonehandorone[ncN $250.000 $750.000 Lt~ofattiresigJrtofonee}e $25(1,0(1(1 5750,0(10 "Lass" as used abou with reference to hand or foot means complete and permanent srurance through or above the wrist or ankle joint, and as used with reference to eye means the irmanrrable loss of the entire sight o(such eye. rr err .r ear rr err rr err !n no cunt will mulupleAmerican Express Cards obligate the Company to pay for more than one Lass sustained by am one individual Loured Person as a result of any one Accident. The Company's obligation under the Polity will be determined according rn the highest amount payable under the specific American F.xpre s Cana actually used w charge dte Common Carrier Comeyance fare (or the Covered Top as stated in the Benefit Mtountc. ]n no event will a Loss fmm an Injury while coverage is in force under the Polity AX0948 obligate the Company to pay benefits under Policy AX0949. the Company's Business Travel Accident Insurance polio}; in addition to any benefits payable by the Company under the Polity AX0948. The Mterican Express Cards listed under this Folic} do not rerxiu coverage under Policy Ax0949. r: r The Company will pay the applicable benefit amount as detemtined fmm the Table of Lasses if a Loured Person suffers a foss from an Injury• wrfrile coverage is in (ores under the Policy; but only if such loss occurs within 100 days after the dxtr of the Aciident which caused the [njury. Benefits wi6 be paid for the greatest loss. In no cunt will the Company pay for more than one loss sustained by the Covered Person as the result of any one .occident r- Common Carrier Benefit: This Benefit is payable if the Covered Person wstains Injury as a result of an Accident which occurs while riding solely as a passenger iv, or boarding, or alighting from or being sWCk by a Common Carver Conveyance used on a Covered Trip. ](the Covered Perron is unavoidably exposed to the elements becarse of an Accident on a Covered Trip which results in the disappearance. sinking or wrecking of the Common Carrier Comeyance. and if as a insult of such exposure, the Covered Person suffers a Loss For which benefits are otherwise payable under the Folic}', such Loss will be covered under the Policy. If the Coveted Person disappears because of an Accident on a Covered Trip which results in the disappearance, sinking or wrecking of the Common Carrier Conveyance, and if the Covered Person's body has nut been found within 52 weeks after [he date of such Amiden[, it will be presumed, subject to [here being no evidence to the contrar, that the Cowered Person stdfered Loss of life as a result of Injury covered by the Polic}•. A Cuurerl Person will be hdly iasurecl for benefits under the Policy while taking a trip on a Common Carrier Conveyance only when the fare has bcen charged to the specific American Express Card. Eligibility for courage will remain in effect as long u the definition of a Covered Person is met. The premium for this courage rs payable bcAmerican Express. This Policy does not cover any lass caused or contributed to by (I) intentionally sell-inflicted Injury, suicide or any attempt thereat. while sane; (2) war or any act of war whether declared or undeclared; however, any act committed by an agent td any goumment, party, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting secretly and nut in connection with any operation of armed lorces (whether military, naval or air forces) in the country where the Injury occurs shall no[ be deemed an ac[ of war, (3) Injury to which a contributory cause was the commission of or attempt [o commit an illegal act by or on behalf d the Loured Person or histfter beneficiaries; (4) Injury received while serving as art operator or crew member of any conveyance; (5) Injury• received while driving, riding as a passenger in, hoarding ur alighting (mm a rental vehicle; or (6) sick Hess, physical or mental infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condi- tion is required u the direct result of a coumd hrjury. A Basic Cardmember may ~sigrtate a beneficiary or change a previously designated beneficiary fm himselbherselfand hisRter spotlse/Dorrtestic PaMer and dependent children who arc nut also Basic orMditlonal C:urlmembers. M Additional Canlntember may designate a lxnefiriary (or himself/hetself and his/Iterspouse/lbmesuc Partner and dependent children wito are rtot also Basic orAddiOonal Cardntembers or spouscstDomrstic PaMers ordependentchildren ofBasic Cardmembers. No persons other titan dtose stated abrnr may designate or change a prniottsly designated benefidary. For such designation or change to become effectiu, a written request, tin a f<mn satisfactory to the fontpany; must be filed with American Express. Strrdt tksigpation orchangrsha6 take effect as of the date it was signed by the tlesignatorprovided that it has been received by American Express, but any payment o(procxttis made h}'the Cwnpany prior to receipt of such designation of change shall fully discharge the Company to the extent of such payment Notice of claim must be given rA AMEX Assurance Company, Claims Administratiu (Nfice, PO ffox 19018, Green Ba}; u'I 54307-91118 within 20 dav<af[er the occurrence orcommencement of arty I.txss toured by the Policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the claimant to the Company xt i~ Administraiu Office; or to any authorized agent of the Company, with information sufficient to identify the Covered Person shall be deemed notice to the Company. Benefits For [.oss of life of a Loured Person will be paid to the designated beneficary. Benefitstor all other Lasses sustained by a Courctl Perron will be paid to the Loured Person, iFliving, otherwise to the designated beneficiary. Bmore than one beneficiary Ls designated arxl the beneficiaries' tespectlu interests are notspecified, thedesignated beneficiaries shall share equally. If no hene0ciary has bmn designated, or if the designated benefidary does not sunirr the Loured Person, the benefits will be paid to the first surviving class of the following: ]) spouse or Ilomestic Partner, 2) children, equally per stirpes; and 3) die estate. In detemtining such person or persons. the Company may rely upon an affidavit by a member of any of the classes of preference beneficiaries described abou. Payment based upon any such affidavit shall fully discharge dte Company fmm all obligations under dte Policy unless, before such payment is made, the Company has received at its Atlministratlu Office written notice of a valid claim by some other person(s). My amount payable to a minor may be paid to the minor legal guardian. ~} FDR815213_PALL.vl 2/10/07 5:12 PM Page 8 ~o action at law or in equine shall be brought w recover tinder the Policy after the expirations of three years, five years for CenNrion Card. Corporate Centurion Card.S51 from OPF.K Frau American F.xpres'". after the time written prcxtf of loss is required w he furnished. The benefits described herein are subject to all of the terms and conditions of the Polity. This Liescription of Coverage replaces am prior lleccription of Coverage which may have been Furnished in connection with [he Policy. ,.~~~~.~~.s~ a:r.,~ ~,.~~F RennedtJ-Ciak 7imothyS.9leehan President Secretary ti713-] 1-UI-0051 Notice to Florida Residents thdy: The benefik of the Polin providing your coverage are governed primarily by the laws of a state other than Florida 1. (( after reading thic Descriptiem ofCm:erage. yvtr uresdl! uneure u~ha! benef~tlerrl oJcoverageapplrec to}rourAme»um FapressCard. please contact dx> Cuslomer,kavice Centertoll-free numberlist~on the baJr of}ever Card also shrnrn mr}v7urCnrdsmtentent. {.ar i(rnta( l,rr;~ [trot [)amarr Ittsnramx• E'Inn Car Renal Wss and Damage Insurance provides the Busineu Cardmember. ("Canlmember') if the Cardrttember is the primary renter, (u defined below) with insurance coverage For damage w or theft of most Rental Autos whet[ the Cardmember uses the Cant (as described belrnv) to charge and pay for art anw rental from any Comnternial Car Rental Company (°Rerttal Company') within the geographic scope of the United States. its tertiwries and pusseasions' This coverage is excess insurance. "Rental Auto' means a fourwheeled, two-axle pac+enger-type mover vehicle, designed for and strld to accommodate private passenger Vans- pun onpublic roads. yitu are eligible For coverage if: 1. lbu are aBasic or,'uklitional Cardtttember and an American F.xprr_csa Cantor Optimaz Carcl in a<wciation with that Card (the "C,anl")has been issued w you in your nante; _. You areolanaccountstatusandclassthatisprovidedCarRentallou and Damage In<urance ,u a hertefit of Canlmanbership ("Cardmember'); 3 Your CardaceountisbilledfromaC.S.opera[ingcenterinC.S. dollars; and 4 YoumaintainvowPemtane~rtResidencewithindte50UnitedStates of Nnerica, the District of Columbia, Puerto Rico or dte CS. Virgin Islands. "Permanent Residerxe' means dte Covered Person's one pdmary dwelling placewhere the Covered Person permanently resides and intends w remm. °Commercial Car Kental Company' or "Caz Rental Company" means anycommercial car rental agency which rents Rental Autos ~ For the pugtaces of this Description of Coverage, Commercial Car Rental company means "Rental Curnpany" Coverage for theft of or damage to a Rental Auto is activated when the Cardmember' ]. presentsltisorhereligibleCatdwtheRentalCompartytoreservethe Rental Auto, by making a resetvxtion; or ba placing a hold ordeposit at the time dte Rental Auw is checked out; ~. declinecthefullCollisionDantageIX'aiverorsimilaroption(CDV4'),or pays for a panial col lision damage waiver offered by dte Rental Company: 3. istfteprimaryrenterwhichisdetinedactheCard~nember,whois named on the written agteementwidt the Rental Company as the petstn renting and lakingamVOl and pat~sion of the Rental Auw ("Primary Renter");and v. uses dte Card to pay for the enure auw rental From dte Rental Company at the timeoFvehicle return. Coverage continues in effect wltile the Cardmember remains in control and posceuion oF[he Rental Auto..4 Cardrnembec who is physi- callcchallenged and unable to operate the Rental Auto, maybe the Priman~ Renter if he/she is the Cardmember entering into the rental transaction. -- CorErage Fortheft of or damage m the Rental Auto terminates when: I. the Rental Company resumes control of the kental Auto, or 30 wnsc'ra,tive days after dte Rental Auw wa<checked out. wdtichever is earlier; or 2. the Polits~iscancelled Car Rental Lou and Damage Insurance covers eligible Rental Autos when rented under a written rental agreement from a Rental Company fur no more than ~ consecutive days. Note: /n no event shall umergye be prorizlez/ mhen the Ganlmember rer:tr u Renkd:tutti be}nnd30 conseczrtirr da)-s from Ux same Rental Compunt', reganllevs of whether the origiua(ugree- men! rs emended or n neu uTilten agreement Lc entered inm. or n neu~ r>ehN:Le is rented Additianalty, no cmrerage will be provided when the Priman- Renter rents a Rental Auto For more than 30 consecutive da}s out of a 45-day period within dte same gmgraphic markeVlocation (?5 mile radius). Car Rental Lou and Damage Insurance reimburses a Cardmember for payments for damage w or theft of a Rental Auto that the Canitnember is required to make, up to the lesser of: (I y the acwal cost to repair the Rental Auto, (2) the wholesale Book value minus salvage and deprecia- tion costs.. or (3) the purcha<e invoice price of the Rental Auto minus salvage and depreciation assts. The coverage xlset reimburses thr Canimember for reauxtable charges (thexe charge's inntmed at the closest facility that are usual and customan in the vicinin~ in which the Inns or disablement took place) imposed by the Rental Compamt such as towing orstorage and Loss of Cse. "Loss of Lse' means the unavailahilip of a Rental Auto and consequent lou of revenue by the Rental Company due to damage or theft Cnless otherwise required by law, the Rental Company must submit a fleet utilization lug indicating that during such time: ] no other RentalAuww'acavailable:and 2. there was a demand for a Rental Auw. Cu Rental Loss and Damage Insurance covers no other type of lose. For example, in the evem of a collision irnolving [he Cardmember's Rental Auto, damage w any other driver's car or the injun~ of anyone or anvRhing is not covered. Note: 7hispolict~doesrrotprovideficrbiirlj nrani~othercoverage loth as Uninsured rlfotorists, berreJ:u under am Worker's Campercushmr lain. Ihsabilih~ herre(rk !au or other mandated Government !'lint,. Car Rental Loss and Damage Insurance is an excess insurance plan and is only available for Rental .Autos rented in the U.S., `.ts territories and posseuions. T1tis means that this excess coverage will reimburse the Cardmember only for losses expenses not covered by plans, such as, a partial collision damage waiver, any personal amo insurance, employer's auto insurance ur reimbursement plan or othersourees of insurance. When these other plans apply a Carlmember must tint seek payment or reimbursement and receive a determination based on the stated terms of such other Plans, that any such Plartc do not provide coverage before this excess coverage will reimburse [he C.ardntember Car Rental late and Damage Insurance dues not cover rentals oF: ]. expensiv~ecars,whichmeanscanwithanoriginalmanufacturer's suggested retail priceof ~SD,OW ormoreuiten new; Z. exoticrarsregudleuufyearorvalue,indudingbutnutlimitetlw Chevrolet Corvette, Toyota Supra, Mazda RX-7, Dodge Viper and Stealth, Plymouth Prowler, 5litsubishi 30([0 GT, Nissan 3W ZY, Jaguar XJS, Acura USX, 5lercedes SL, SLK. S Coupe and E320 Coupe and Conw:rtible, B.MW M3, Z3 and B Series, Cadillac Allanw. All Porsche. Fermi, Lamborghini, Naserati, Aston Martin, lotus, Bugatti. Vecwr, ShelbyCobra, fianley Rolls Royce; 3. [tucks. pick-ups, cargo vans, cuswm vans; 9. ftdl-sized vans,indudingbutnotlimitedwFotdF.conolineorClub Wagon, Ghew Van or Sporran. G;NC Vandura and Rally, Dodge Rarn Vans and Ram Wagon; 5. vehicleswitichhavebeencustomiaetlormotlifiedfmmthe manufacturer's facwry specificatlons except for driver's auisranee equipment for the physically challenged; 6. vehicles usedforhireorcummercialpurpt>sts; ?. mini=vans used for commercial hire; Note: Pg~g~,Nmi-fans lnot C'argo,44ini-Inns) uatbjrctory ~Derxfre~fcealin8capacit}'of8pasxengersorlecc. iudrutrirgbutnot limited to LXdge firrar~rm. L'Lymouth Vrryager: Ford Wmdskzrmu! 4tissun jhred are covrred evlxm rented fmpersrma! or brrsirrecs rrse vnh'. 8. antiyuecars,witichmeanscarsdtatare20y~eanoldorhav~enotbeert manufactured for 10 or mare years; y limou<ines; 10. lull-sized sport utiliR• veludes including but not limited to ChevroleUG61C Suburban, Tahoe and Yukon. Ford Expedition, Gncoln Navigawr Toyvta Land Cruiser, lexus LX450, Range Rover or full-sized Ford Bronco; Il. spoNutrlinvehicleswhendriven otl'-road': Note: Compact sTwr•UrrMlity a~ehictes, including but not limiter! to Ford Explorer, Jeep Grmui Cherokee, :4'iwrn Pathfinder, Toyota Four Runner, L'hevrolet Lilazer andTSUZtr Trooper and Rakro are covered when driven on parrd roads; and I? oB-mad vehicles, motomcles, mopeds, recreational vehicles, golf ur motorized cam, campers, trailers and anyother vehicle which u nut a Rental Auto. Car Rental Loss and Damage Insurance does not rever IacSes caused by or contributed to by: I. operation ofdteRentalAutoinviolationo(thetemtsandconditionc o(the Rental Company agreement (including but not limited w loses uccurringw~hen: apersunnotpertnittedwopemtethevehicle pursuant w [eons o(the rental agreementwac in poxussion or control of the vrehicle; or, driving the vehicle outside of the authorized rental reriwrv); 2. leased ormini-leased v>'hides; i atstc attributed w dte Ccrmmereial Car Rental Companys normal cattle of doing btuinas; 4 intentionaldafnage; 5. illegal actirin', such as losses where the Rental Auto was used for, or involved in illegal actrvityorfelom; 6. pre~xistingcondition<,damageordefect; alwhol inwxicatirxt tin dte part of the driver, asdefined in dte state where the Accident occurred; H. voluntarilytakingaftydmgoractingundertlteinlluenceoreffettot' that ding (unless taken as proscribed or atkninisteretl by a Dexwr); y war ormilitan'acUvity; 10. radioactivity. I L confiscation by authority: I?. wear and tear. includinggradualdeteooratlon; 13. dantagewhichisdueandmnfinodtofreezing,mechanicalor electrical breakdown or failure unleu such damage results From a dteh crnrretl by the Policy; 14. failurewremmkeystotheRentalCumpanywhenthevehideis swlen; 15. theft ordamagewunsecuredvehiclus; 1G. dtehofordantagewtires(tlatsorblowoutc),mtleudamagedbyGre, malicious mischief, vandalism, or stolen, unless the loss is coincident with and fmm the same cattle as other loss covered by the Policy; and 17. oR-mad operation of [he vehicle. Car Rental Loss and Damage Insurance does not cover and benefits will not be paid fur: I. sales tax relatedwtepairofdantages,unleccreimburxmentofsuch sales tax is required by law; 1. damage[oanyvehideotherthantheRentalAuto; 3. damagewamptc>pemo[herthantlteRentalAuw,owner'sproperty, or items not pemtanentty attached w the Rental Auw; 4. theinjun•olanyoneoran}thing; 5. expensecaswmed,waivedorpaidforhyttteRen[alCwnpanyor its insurer; 6 expenseswreredby[heCardmemherspersnnalautoinsurer, emplo}mr or employer's iacurer, or authorized driver's insurer, value added tax or similar tax, unleu reimbursement of such tax is required bylaw; 8. diminishmentofvalue: 9- anyRmtxlAu[ousedforhirenrcommercialpurpcnes;and ]0. depreciation, unlessreimbutsementfordeprecia[ionismquired bylaw. i FDR815213_PALL.vl 2/10/07 5:17, PM Page 9 Notification of damage. including vandalism, theft, ur an accident must be reported w the appropriate law enforcement agency as soon as reasonabh• possible. 71tis requirement applies regardless of whether ilte Rental Auto is imoh~ed with other vehicles. failure to notlh• may result in denial tdheneGl- I(aloss acurs, a Cardrnembershould promptly notlfy the Car Rental lua and Damage C.I,dms Cnit toll free at (R(30} 33&]670 in the C.S. only or call (440) y 14-2950 From other kx ations worldwide. If ilte failure of a Canlmember w prompty' reperrt a loss prejudices the rights of the Insurer. the claim mac be denied. A representative will atuvver any questions a Cardnxmber may have and will send the Cardmember a claim fomt vviilt inswdions. Complete and sigh the claim fotnt. written proof of loss, which includes the claim fomt and all other requested documentation (listed below), must be received within 60 da}s following the date o(the damage or theft hy: Nnerican F.xprea~ti C,ar Rental Ltxs and Damage Claims Chit, E0. &ix, 947'9. Cleveland, Ohio 44101-4'29. If the prootof loss and other docu- mentation is not received within fi0 da}s of the date of loss, coverage may be denied. Required documentation may consist of, but is not limited to: 1. our signed andcompleteddaim; 2. anitxmizedrepairbill. 3. acnpyofchargeslipfortherentnloftheRenralAuw,RentalAuto contract ormachine-generated receipt w show rental was charged and paid for with an American Express Caul: 4 a police report (if applicable); 5. photosofthedantagedvehide.ifacailable; 6. acupyuftheC;tnhnemher's,authorizeddriver'soremployer'sauw insurance coverage, ur a notarized lever stating no insurance; Z actRvcr(allclaimdauntenLsarrdcortespmdence,prtrvidedbythe Car Rental Company: 8. acopyoldteRentalC,ornpany'sutllizationlug; 9. acopyoftltedriserilia~rtseoftlteCardmetnberand/orazuhorized driver, unless [he driver s license number shows rnt the rental agreement: lo. acopyufthewrinairentalagteement.frontandback.winch documents when the Rental Auw was checked out and checked in; and 11. infoima[ionpertainingwotheravailableinsurancecoverage(s) Cardmember cooperation with issues related to [heir benefits is required. If all required ducumenutlon is no[ received within IRO days o(Ihe date of Icac (except fordaumentation which has not been furnished For reasons beyond the Cardmember's control), coverage may be denied. .All Car Rental Loss and Damage lnsurance payments reimbursable under the polio' are payable to the Cardmember, except that pa}men[ may be made, at the discretion of the Insurer. joindy to the Cardmember and the Commercial Car Rental Companywhen the Car Rental Company has not been reimhursed for the cot'etetf loss or damage, or the Canimemher has not vat idly .usigned hisrher payments to the Rental Company ur am' other parry. Note: Bents rrilf not be paid rf. on t!x date of long on the dole of r/aim filing or on Nre rlaae of potential claim puyvnenl, unT amozmt due on lour Card account is past doe or Your Card a cazuelled.' In the event o(a pa}mem under this Policy, the Insurer is entitled w all the rights of tecoven• that the Canlmember, to whom payment was made, has against anoiltec'fhat Catdmember must sign and deliver to the Insurer any legal papers relating to that recovery, do whatever else is necessary to help the Insurer exercise those rights and do nothing after loss to hams the Insurer's rights. When a Cardmember or Commercial Car Rental Company has been paid damages under Policy No nXO925, and also recovers from another, the anwunt recovered from [he other shall be held by iltat Cardmember or Commercial Car Rental Company in wst for the Insurer and reimbursed to the extent of the Iraurer's payment. As a condition precedent to coverage, the Cardmember is required, and has a dun• to Full}• cooperate with the Insurer in any investigations, subrogation matters or legal proceedings by providing copies of any and all legal notices and any and ati statements, including sworn statements and contributing anyotherpapers and documents w reasonably assist in [he disposition ir(the legal matter When a Carcimember is served with suit and/or summons papers relating to a Car Rental Loss and Damage claim, the Cardmember must noilfi~ (see address and phwte number under "Claims Notice" section) and pnrvide copies of the suit orsummons papers w the Car Renal Loss and Dantxge claims unit within 15 days of when the Canlmemher is served. Failure to comply may result in denial of benefit,. This coverage is underwritten by AA1FX Assurance Company ("Insurer") iluough insuraztce PoliryAX0y25 (the "Polity") issued toAmerican Express Travel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Polity may he changed or terminated. This Description of Coverage is an important document. Please keep it in a safe place. Although it describes the present form of insurance as it exists ar the time of printing, this document is not the Polity' or contract of insurance. The benefits described in this document are subject to all of the terms, conditions and exclusions of ilte Policy issued by the underwriter This documem replaces any prior Description of Coverage under the Policy which may have been famished w the Cardmember. Kenneth J. Ciak Paul R. Johnston President Secre[arv AMEX AssuranceCompan}' AA1E)(Assurance(:ompanv CRIDI-DOC-OSBN 1 I/OS 1. For rMc,e eligible and enrolled in ,Nembersbip Rercards, ifu Membership Bernardi redemption ccrrificnte is ureri coueruge is provided rmly to Rental Autos rented in the United States. 2. When used in conjunction unto a Afemberrbip Reuurrds redemp- tion cerh;rcate, the participntrzrg Cur Rental Companies are limited to Hartz, tiatianu! end Budget. 3 IJeligible and enrolled in Membership Reururds. corrernge is also nctr'rvttrvl when the Cnrdmember (Q presents n Mcnnbership Reuxtrds redemption certificate and (2) usrs n Memberdhip Reunrds redemptom certificate at a puz7icipating Commercrul Car Rental Company. /mportanr note (or those enrolled m ,Membrrslrip Rewards: A Membership Reurords redemption certifi- cale can onh' be redeemed by eligible C'arclmembers. Benefits «nl! not be paid when a Membership Rewards redemption cerNfi- catebas byre transferred to non-eligible C.ardmembers nncl/or iron-Crrrdmemherr 4. Does not apph' to h'ew York resrrfenls. Description of Coverage Rider for Policy AX0925 Applicable for OSBN and DSBN Platinum Cardmembers ADDITIONAL INFORMATION FOR OSBN AND OSBN PLATBVUM CARDMIiMBERS Under Vehicles Not Covered, item number 3. is replaced with the following: Car Rental Lass anti Damage Inwrance does nut cover rentals oL 3. cargo vans, cuswm vans; In all other respects, the provisions and conditions of the Description of Coverage remain the same. CRLDI-RI)R] 11/05 ADDflIONAL UVFORMATION FOR RESIDENTS OF LOUISIANA The Rights of Recovery section is replaced with the fallowing: If [he Company makes any pa}ment under dtis Policy and the Canlrnember has the right w recover damages From another, ilte Company shat l be strbroga[ed to iltat right. However, the Company's right w recover is suhonlinate w the Carclmemher's tight to be fully compensated. CRIDI-RDRI-IA 1 I/OS ADDITIONAL INFORMATION FOR RESIDENTS OF SOUTH 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 bv: 5. violauonofcriminallaworwmmissionofacriminalactwhether cited or charged; Under Losses Not Covered, item number 7. is replaced with the following: Car Rental Loss and llamage lnsurance does not cover losses caused be or contributed to by: . consumption of alwhol at or in excess of the legal blood alcohol level for a lelonv conviction in the state or ladiry in which the Aaidentoccumed; CRLDI-RDRI-SD ] 1/05 ADDITIONAL INFORMATION FOR RESH)ENTS OF VERMONT Cnder losses Not Covered the following item is hereby removed: alcohol intoxication onthepannftltedrivecasdefinedinthestate where the Aaident cecurnri. CRLDI-RDR 1-FT l I/0> ADDITIONAL INFORMATION FOR RESll1ENTS OF WISCONSIN Under Losses Not Covered. the fol lacing items are hereby removed: 5. illegal activity, such as losses where ilte Rental Auwwas tuexl For, or involvtxl in illegal acticiN or felony; 7. alcoholinwxicationonthepanofthedriver,asdefinedinthestaw where the Mcident occurred; R. voluntarily takinganydmguraningundertheinlluenceuref(ectof that dmg (unless taken u proscribed or adminiswted by a Doctor); Cnder Losses Not Covered, the following item b added: IR. the ase of the Rental Auto for unlawful purprscs. or for vartspurtation of liquor in violation uF law or while the driver is underthe inFluena of an inwxicant or a convollecl substance or controlled substance analog. or a cemtbinatiat thereof, or under the inFluence of any exher dmg w a degree which renders him or her incapable of safely dmring, or under the mrohined iidluence e>( an intoxicate and any other drug to a degree which renders him or her incapable e>f sestet}'driving, or any ase of the motor vehicle in a reckless maruter. CRLDI-RDRI-WI 1 ]/05 ADDITIONAL INFORMATION FOR RESIDENTS OF WEST VIRGINIA Cnder Row Benefits are Paid. the Footnote, to ilte note that reads: Note: Benefits will not be paid it, on the date of Inns, nn the date of claim filing, or at the date of potential claim payment, any antount due on Your Card account is past due ur Yav Carcl is cancelled, is herehy revised to read as follows: hoes not apply to West l5rg«ria and A'erc Ymk State residents. CRLDI-RDR I-Wti' 11/05 tta?+~rie;tn I:~lrr~ f 1 I t ;~v. l.t~or.~ ; _ ., r: _ Now the BapgaRe Insurance Plan Works TIte.American F.xprrss Canl Baggage Intiurance Plan ("Plan") provides certain coverage against bass or damage to checked and tarty-on baggage of gouts and o(Eligible Persons (see "Who is Covered") when Common Carrier tickets are charged to your eligible American Express Card or another eligible Account. Coverage is in effect for F.Iigible Persons during their travel at a Common Catrierwhm the ticket for the trip (one-way orround-trip) is chatgt'd w yrour eligible American Express Canl or another eligibleAccount. Coverage during a Covered Trip for each Eligible Person includes: • Up w $ I,250 for carry-0n baggage and cettaincam'-on personal dfecrs while these cowered items are on board ilte Common Cartier, and • CptoS500forcheckedhaggage,inFrCF:SSofcheckedbaggage sewerage provided by Common Comers. Note: ForArem York Stare rr'trrkerLc, tfxem zsu $IO.000nggregare nrruimum limit jorall F.ligibfe Persons per Cor•errd 7iip. If the Common Carrier ticket for each Eligible Person is charged in advance d going directly to the terminal w boartl the Common Carrier, the baggage of each Eligible Person is also cavYred For: • Upwsl,250whiletheEhgiblePeraonisgoingdirecrlytoorleaving direcdv from the terminal on a Covered Trip while vaveling as a passenger in a land Common Carrier (such as a taxi, bus, airport limousine) or in a scheduled helicopterolxraled as a Common Camiec • hpw$I~SOwhilelheEligiblePetxmisinaterrninalfurthepurptueuf boardingorimmediateh afwrdisembarkingfrom a Common Catrier tin a Coveted Trip. .. .,. • American Express Card or Account means a Basic or Additional American Exprea Card, Business Travel Account, Airline RillingAccount or a Treasurer's Carl, and the extended payment auvunt, i(atty otfettxl in wnjunction with any of these; all issued by American Express Travel ~FDR815213_PALL.vl 2/10/07 5:12 PM Page 10 , Related Senias Compan}.Inc. or iu participating sttbsidiariec ("American Express") and which is eligible forcoverage under Ibis Plant. • Common Carriermeansanaiclandorwatervehiclelicensedw carry passengers For hire (such as planes, trains, ships, and busy ). Common Carriers do not include rented or private vvhides, or hotel or other courtesy vehicles forw•hich no fare is paid. • Covered TripmeansatripforuitichtheCommonCartiertickethas been chatgetl w an eligible American Express Card account or another Aauunt. Each Common Cartier ticket constitutes a separate Covered Trip. • BenefitswiBnutbepaidif,ontheda[eofoccunenceoflussordamage or on Ihedate of claim filing, any amount o(you American Fxptns Cant a another eligible Account used to charge the Common Cartier tickets} For the Coveted Trip is (a) unpaid for two billing periods or, (b) yourAmerican F.xptess Card or anothereligible Account is canceled.' • Forcheckedbaggage,thisisEX(:F_SScrn~etage.ThePlanonly supplements a Common Canier's liability for checked baggage up [o the baggage's full value (defined as total original urst) or 5500, whichevxr is loWYC (Far exantple, if your Itrss of checked baggage on a Covered Trip is 52,000 and the Common Cartier reimburses }row only S 1.000, the Plan will reimburse you fur up to $500.) • Claimcforcheckedbaggagecanbeprocessedandpaidonlyafterthe Common Carrier responsible for the Loss or dantage has settled and paid for Ute claim against it. if the Common Carrier completely denies your claim, there will be no reimhursement (or loss or damage under Utis Plant unless the sole reavm for denial is the specific exchuion of a partiatlar i[emis) (e.g., cunera) under [he Common Carrierccxttract of carriage. • Forcam~onbaggage(baggagenotcherkafwithafommonCarrierl, claims will be payable on Ute basis of the actual cash value (actual cash value is defined as the replacement cost at the time of Loss or damage; less depreciation). AMEX Assurance Company may, at its option, elect to repair or replace the covered baggage wiUt pmpem of like kind and quality, subject w settlement based on actual cash value. it with Ute documentation as requested in the claim form. Please note Ute following: • yburclaimu~IlKOTbeprocesseduntilalltheserequireddocuments are izceived. • Yourmutrehunyourcompletedclaimfomtandreyuired doatments pmmpUy, but not later Utan six months fmm the date of occurrence of fuss ordamage, oryour claim will be denied. The Anerican Express Card Baggage Insurance Plan is underwritten by .AMEX Assurance Company ("Insurer'), Adtninistratlve Office, De Pere, Wisconsin. 71tis document serves only as x Ikscriptlon oFCoverage and is not a Policy or amtraa ofinsurance; the actual Temts, Conditions and Fxcltuions of Policy AX04110 ("Policy"} govern Ute Baggage Insurance Plan. The Policy hu been issued wnmerican Express Travel Related Servias l:ompany. Inc. by AY1EX Assurance Company and icon file at the oFlias of American Faprcss. This docwnent replares till existingpdor Descriptions o(Cuverage for the.Atnerican Express Card Baggage Insurance Plan. ` .'~ !, / , `~~ '' k~, n ,~ t Kenneth J.Ciak,President TimothyMeehagSecretary .AMEX AssuranceCwnpany AMF.XAscuranceCompany f>437-12-02 (CP) '[bes not apply to dew York State residenu. Coverage Fa high-risk items is limited to a combined maximum o(5250 foreach Eligible Person foreach Covered Trip. Tltesehigh-risk items include, but are not linuted w. jeuelrv, sporting equipment, photographic orelectmnic equipment, computers and audiovisual equipment &uiness contents or effects; umbrellas; hats: coats; cash or its eyuiv;Uent credit cards; securities; tickets and documents; contact lenses: artificial teeth and limbs; Plants and animals; household e8ects (items used or displayed in a household, not of a personal nature, such as si Ivenvare. art objects, bedding and linensl; automobiles; motorcycles: boats or other conveyances. However, bicycle; checked as baggage and coaupackal in checked or carry-on baggage are a>vemi acconling w the checked and cam-on baggage coverages described alwve. There is no coverage fur loss or damage: cutsal by war, civil war or radioactive contamination; contributed w or caused be vrolumary consent or convibuted to or caused bywnfiscation or requisition by Customs or other govnmmental authority. You ate considered to be an "Eligible Petsar"under thin Plan if: ] You arc: (a) an American Express Carlmetnber wfto has an American Express Carl or Account issued by American Express in your name: or (b) an employee (or other authorized person) of an entity which hac a Business Travel Account..Nrline Billing Account or'freasurer's Cana issued w it by Nnericart Express and are eligible w have your Common t:artier fare charged w that Account; or (c) the spouse or depertdern child underage Z3 of arty Eligible Person described in (a) or (b) ;ilwve; and 2 Y''ouarearesidentofthelniuxlS[a[tsolAmericaoroneofitsterriwries urpossessions and the American Express Card account or otherAccount used is billed in Ute l;nited States. 1. Toensurepmmptpmcessingofyuurclaim,youneedwreptrrtanylost or damaged baggage immediatel}; as follows: • For checked baggage, }vw must file a written report of the loss or damage with the Common Carrier before leaving [he terminal. • For camp-on baggage, }row mast file a written report of the Loss or damage with a local law enforcement agenry. • You must retain all uri0en reports and receipts unti I the Final claim determination hasbeen made. 2 (:all wll-Free 1-RiK} Nt`r9?00 (overseas, call 1-303 Z73b49B) w upon yourclaimtoUteclaimsdepanrnentandobtain aRaggagelnsurana Plan Claim Fomt. 3- Complete and sign the Baggage Insurance Plan Claim Form and return a~- ©3W?Nnericart Express ~~ ' Blue for Businesss"" ~' ~, TOTAL MANAGEMENT LLC Yom, REBECCA J TRAN Closing Date 09/16!11 New Balance $16,001.16 Minimum Payment Due $2,586.00 Includes the past due amount of 52,266.00 Payment Due Date 10/11/11 Late Payment Warning: If we do not receive at least the Minimum Payment Due by the Payment Due Date listed above, you may be assessed a late fee and your APR may be increased to a Penalty APR. See page 2 for important information about youraccount. Q Your account is past due and overlimit. Pay at least $2,586.00, plus any additional charges incurred on your account since the date of this billing statement. If you would like to receive a-mail alerts about payments, spending or fraud protection, you can sign up at americanexpress.com/alerts. O This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. + Pleasefold on the perforation below, detach and return with your payment + ® Payment Coupon ~ PaybyComputer Do not staple or use paperclips open.com/pbc II'I'I"11111111111'III'I'1111'Irllllll'lll'llllll'll'1'll'lllrlr REBECCA J TRAN TOTAL MANAGEMENT LLC PO BOX 605 FAYETTEVILLE PA 17222-0605 1111111'IIII'IIII"IIIIIIIIII'II'I'~II~I'I'lllll~~llr'lllllllllll AMERICAN EXPRESS S • ^ Check here if your addressor p,0. BOX 1270 Amount Enclosed phone number has changed. Note changes on reverse side. NEWARK NJ 07101-1270 ~ODD349991429421514 001600116000258600 13 ri Exhibllrt ~ n OPEN p. 115 Account Ending 9-61000 Earn points on all of your purchases, everywhere you use the Card. Visit open.americanexpress.com/ smallbusinessrewards r~ccounti summary Previous Balance $16,001.16 Payments/Credits -50.00 New Charges +50.00 Fees +50.00 interest Charged +50.00 New Balance 516,001.16 Minimum Payment Due S2,586.00 Credit Limit $14,200.00 Available Credit 50.00 Cash Advance Limit 50.00 Available Cash $0.00 Days in Billing Period: 30 Customer Care Pay by Computer open.com/pbc Customer Care Pay by Phone 1-877-258-3254 1-800-472-9297 See page 2 for additional information. Pay by Phone 1-800-472-9297 Account Ending 9-61000 Enter account number on all documents. Makecheck payableto American Express. Payment Due Date 10/11/11 New Balance 516,001.16 Minimum Payment Due 52,586.00 REBECCA J TRAN Account Ending 9-61000 p. 2/5 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments 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 dollarsand clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting maybe delayed and you may incur late payment feesand additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearablethrough the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required 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 uswithout 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 your financial institution, unlessthe check is not processable eledronicalty 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 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. Catl 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 theADB and interest results in dailycompoundingofinterest 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 or the 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 bebilled 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 yourAccount to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in your credit report. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-518-8866. Customer Care & Billing Inquiries Internation al Collect Large Print and Braille Statements Lost or Stolen Card Express Cash 1-877-258-3254 1-623-492-7719 1-877-258-3254 1-800-521-6121 1-800-CASH-NOW Hearing Impaired TTY:1-800-221-9950 FAX:1-800-695-9090 In NY:1-800-522-1897 Change of Address If corrett on front, do not use. • To change youraddress online, visit www.americanexpress.com/updatecontactinfo • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. • Please print clearly in blue or black ink only in the boxes provided. Street Address City, State Zip Code Area Code and Home Phone Area Code and Work Phone Email a Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Pay Your Bill with AutoPay • Avoid late fees • Save time Deduct your payment from your bank account automatically each month Visit americanexpress.comlautopa~ today to enroll. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanezpress.comlprivacy. . Blue for Businesss"" ~~. TOTAL MANAGEMENT LLC REBECCA J TRAN • Closing Date 09/16/11 ~ p. 3/5 sM Account Ending 9-61000 Fees Amount Total Fees for this Period 50.00 Interest Charged Amount Total Interest Charged for this Period 50.00 - _____- 2011 Fees and Interest Totals Year-to-Date Amount Total Fees in 2011 $190.00 __ ----- Total Interest in 2011 $2,275.42 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 Adva nces _ 27.24% (v) $0.00 $0.00 Total 50.00 (v) Variable Rate REBECCA J TRAN Account Ending 9-61000 p. 415 . ~R~~ ~ ~` OPEN Savingss"' Summary p. 515 '.~A-~~ Prepared For Account Ending REBECCA J TRAN 9-61000 TOTAL MANAGEMENT LLC Savings this Billing Period Savings Since January 2011 0.00 0.00 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 2, 2012 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .~tts, of ~::~;: ~ al\ American Express Bank, FSB vs. Case Number Rebecca Tran 2012-6326 SHERIFF'S RETURN OF SERVICE 10/16/2012 01:18 PN1 -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October '16, 2012 at 1318 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rebecca Tran, by making known unto Maurie Balsbaugh, Office Coordinator for Rebecca Tran at 4242 Carlisle Pike, Suite 151, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true grid correct copy of the same. SHERIFF COST: $43.00 October 22, 2012 AMANDA COBAUGH, UTY SO ANSWERS, t ~ ~ , '"-- RON ~ R ANDERSON, SHERIFF r COURT OF COMMON PLEAS OF CUMEERLANDCOUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank, _ Plaintiff e= VS. Cal =w c REBECCA TRAN - No.: 2012-6326 jC 1p b S Defendant = M&T Bank and Wells Fargo, Garnishee • 121173.001 Judgment Amount $15,598.20 Interest Per diem $0.00 Costs $0.00 Poundage(2%) $0.00 Total $15598.20 PRAECIPE FOR WRIT OF EXECUTION TO THE CLERK OF COURTS: Issue a writ of execution or attachment upon a judgment in the above matter, (1) direct the Sheriff of CUMBERLAND County: (2) against REBECCA TRAN (Name of Defendant) Following described property of the defendant(s) (Supply four copies of lengthy personality list) /1u i� O►�t �`-'�'" (if real property supply six copies of the description) CB 0`3.75 tt`(3) againstM&T Bank and Wells Fargo, garnishee(s) for the following property: t l is h an and all funds and assets of the Defendant found in the ssession of ` a a5 Garnishee.M&T Bank and Wells Fargo_ 3ab5 �vud dex(4) and en*Vis�w�i�Alte judgment inC1Aq (a) againstREBE CA TRAN 46 a.S S 'bVIC co q , SbLA- C�� cc �Y- LsLq-A and (b) againstM&T Bank and Wells Fargo,as garnishee(s)as a lispendens against real property of the defendant in name of garnishee as follows: (Specifically described property) Respectfully Submitted, TSAROUHIS LAW GROUP DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID# 88513 21 S. 9 Street Allentown, PA 18102 610-439-1500 DATE:March 7, 2013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-6326 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS BANK FSB,A FEDERAL SAVINGS BANK Plaintiff(s) From REBECCA TRAN,P.O. BOX 605,FAYETTEVILLE,PA 17222 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: ATTACH ANY AND ALL FUNDS AND ASSESTS OF THE DEFENDANT FOUND IN THE POSSESSION OF GARNISHEES: M&T BANK,3805 TRINDLE ROAD,CAMP HILL,PA 17011 WELLS FARGO BANK,3205 TRINDLE ROAD,CAMP HILL,PA 17011 and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$15,598.20 L.L. $.50 Interest Atty's Comm % Due Prothy$2.25 Atty Paid $192.25 Other Costs Plaintiff Paid Date: MARCH 1P,2013 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : DENfETRIOS H.TSAROUHIS,ESQUIRE Address: KEIFER&TSAROUHIS,LLP 21 S.9TH STREET ALLENTOWN,PA 18102 Attorney for:PLAINTIFF Telephone: 610-439-1500 Supreme Court ID No. 88513 SIRLIN LESSER& BENSON,P.C. By: Jon C.Sirlin,Esquire Identification No.: 17498 : ` s L'i i v r'0.f 123 South Broad Street,Suite 2100 LQ 1 j MAR 27 Pty 1. o e. Philadelphia,PA 19109 .(215)864-9700 CUMBERLAND COUNT'( Attorney for Garnishee PENNSYLVANIA AMERICAN EXPRESS BANK FSB,A FEDERAL : COURT OF COMMON PLEAS SAVINGS BANK COUNTY OF CUMBERLAND vs. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo, Garnishee in the above- captioned matter. Jo v. A orney Garnishee Date: 3-a��13 SiRLIN LESSER& BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street,Suite 2100 2013 APR -- I PH 3: G0 Philadelphia,PA 19109 (215)864-9700 C U B E l-to U COUNT Attorney for Garnishee F'EN SYLVANHA AMERICAN EXPRESS BANK FSB,A FEDERAL : COURT OF COMMON PLEAS SAVINGS BANK : COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN EXPRESS BANK FSB,A FEDERAL SAVINGS BANK,Plaintiff 1. No. 2. Account titled Christopher Co Tran,Christina Tran,Rebecca J.Tran(9405)with a balance of$150.23,and an account titled Rebecca J.Tran(6430)with a balance of$90.69. The sum of$240.69 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of$100.00 Legal Processing Charge, leaving a balance for execution purposes of$140.69. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached funds. See New Matter below for further answer and defense. 3.-6. No. 7. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds,did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) In addition to any amounts disclosed above, if any, as of the date of the execution of the Verification to these Answer an account titled Christopher Co Tran, Christina Tran, Rebecca J. Tran (9405)contained the sum of$300.00,which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code,42 Pa.C.S.Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER 97THIN TWENTY(20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As indicated above, the account titled Christopher Co Tran, Christina Tran, Rebecca J. Tran(9405)which is in the possession of the Garnishee is titled to joint tenants and as such may be exempt or immune from attachment. This account cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor. As such, Garnishee cannot release the attached assets without an appropriate order of Court directing the Garnishee to permit execution in whole or in part by Plaintiff against such assets. Garnishee will stay further action pending a hearing and determination by the appropriate court. \ I JO SIRLIN orne for Garnishee Dated: 3-31')J3 Wells Fargo Bank,N.A. Liens,Levies&Garnishments 101 N. Independence Mall East MAC Code#Y1372-113 Philadelphia, PA 19106 VERIFICATION Phyllis Brummett,being duly sworn according to law, deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank,NA Garnishee herein, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. Phylis Brummett Legal Order Processing Associate Date: _COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB,a Federal Savings Bank, Plaintiff : VS. REBECCA TRAN No.:2012-6326 Defendant A�-.M,,, And x. a:n M&T Bank and Wells Fargo, $, ,-, Garnishee 3r —t o -t C3 rr 121173.001 J 4f 5 It INTERROGATORIES TO: fiF �04 M&T Bank 3805 Trindle Road x� Ip A® Camp Hill PA 17011 4OU You are required to file answers to the following interrogatories within twenty(20) days after service upon you. Failure to do so may result in judgment against you: I. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the D fendant any money or were liable to the Defendant for any reason? If so, for what amount. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant?If so, what is the value of the property? ou 3. At the time you were served or any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? Q) 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? �1) 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the Defendant's direction or otherwise discharge any claim of the Defendant against you? Oo 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant have funds on deposit in an account in which funds are deposited electronically on recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withhelq under each exemption and the entity electronically depositing those funds on a recurring basis. .0c) 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the 7untof the general onetary exemtion under 42 Pa. C.S. 8123?If so, identify each account. t L1Q,Q 9. At the time you were served or at any subsequent time, cAcY you owe the Defendant any money or were you liable to him regarding an IRA (Individual Retirement Account)at your Bank? 10. At the time you were served or at any subsequent time, did the Defendant maintain a safe deposit box at your Bank? If so, what is the account/identifying number of the safety deposit box? k� } 11. At the time you were served or at any subsequent time did Defendant have any checking, savings,business,money market, Christmas club,certificate of deposits,payroll or any other accounts at your bank? If so, what were the balances in the accounts on the date you were served with the attachment? OD NO LAQ 11��p Melissa M. Peters M&T Bank APR 04 2013 amount 12. Have any additional deposits been made into the accounts listed in #I I? What Respectfully Submitted 1` 0 TSAROUHIS LAW GROUP METRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID# 88513 21 S. 9 Street Allentown, PA 18102 DATE:March 7, 2013 610-439-1500 SIRLIN LESSER&BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street FILED-OFF(CT7 Suite 2100 ()F THE PRO THOq 0 t���'r Philadelphia,PA 19109 (215) 864-9700 "JUN `5 P14 2; Q 9 Attorney for Garnishee CU11B Ri AND COUNTY AMERICAN EXPRESS BANK FSB,A : COURT OF CO1 k&RKWS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO,GARNISHEE PRAECIPE TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wells Fargo, under Rule 3143(g)or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wells Fargo. JON C IN Atto ey fo Garnishee Date: �'��3 SIRLIN LESSER&BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK FSB,A : COURT OF COMMON PLEAS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO,GARNISHEE RULE TO THE PROTHONOTARY: AND NOW,this, aay of ^)IAAJ E-- , 2013, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Wells Fargo, under Rule 3143(g) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY SIRLIN LESSER& BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK FSB,A : COURT OF COMMON PLEAS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO,GARNISHEE To: Demetrios H. Tsarouhis, Esquire 21 South 9th Street Allentown,PA 18102 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X PRAECIPE FOR RULE OF NON PROS _JUDGMENT BY DEFAULT _MONEY JUDGMENT _JUDGMENT IN REPLEVIN _JUDGMENT FOR POSSESSION _JUDGMENT ON AWARD OF ARBITRATION _JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW American Express Bank FSB,a Federal c Savings Bank, Plaintiff VS. �C� -.. �t•ct REBECCA TRAN No.: 2012-6326 v Defendant Y and Wells Fargo, b JS -�l .„djj,4 Garnishee CW��fa,�l1 P"/ 17611 121173.001 ORDER FOR JUDGMENT AGAINST GARNISHEE AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment in favor of Plaintiff and against: Garnishee, Wells Fargo, in the amount of $140.69 pursuant to Answers to Interrogatories in Attachment(as attached). DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID#88513 21 S. 9th Street Allentown,PA 18102 Tel: (610)439-1500 Date: June 7,2013 q NOW, ,�u.�n� I ,201.1 JUDGMENT IS ENTERED AS ABOVE. oth By: Udfi�e �ra.�te� SnWN LESSER&BENSON,P.C. By: Jon C.Sirlin,Esquire } ; .f ?:0 Identification No.: 17498 -{' Efic. +tU TFiNG fri:; 123 South Broad Street,Suite 2100 ?Q 3 MAR 27 Phi I F Philadelphia,PA 19109 .(215)864-9700 DUMB IRILAND; O UNT`l Attorney for Garnishee PESYLVANIA AMERICAN EXPRESS BANK FSB,A FEDERAL : COURT OF COMMON PLEAS SAVINGS BANK : COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO.2012-6326 and : WELLS FARGO,GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo, Garnishee in the above- captioned matter. JO . A rney Garnishee Date:�� SiRLIN LESSER&BENSON,P.C. By: Jon C.Siirlin,Esquire i ° ►# i it e; Wj h aJ Fig Identification No.: 17498 123 South Broad Street,Suite 2100 2 913 APR - I Pty 3: [0 Philadelphia,PA 19109 CUMBERLAND Attorney for Garnishee . PENNSYLVANIA AMERICAN EXPRESS BANK FSB,A FEDERAL : COURT OF COMMON PLEAS SAVINGS BANK : COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO.2012-6326 and WELLS FARGO GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN EXPRESS BANK FSB,A FEDERAL SAVINGS BANK,Plaintiff 1. No. 2. Account titled Christopher Co Tran,Christina Tran,Rebecca J.Tran(9405)with a balance of$150.23,and an account titled Rebecca J.Tran(6430)with a balance of$90.69. The sum of$240.69 has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of$100.00 Legal Processing Charge, leaving a balance for execution purposes of$140.69. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $335.00 is authorized and will be deducted from the attached fiords. See New Matter below for further answer and defense. 3.-6. No. 7. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution,levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds,did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? (A) in addition to any amounts disclosed above, if any,as of the date of the execution of the Verification to these Answer an account titled Christopher Co Tran, Christina Tran, Rebecca J. Tran (9405)contained the sum of$300.00,which is not being held because Garnishee believes that it is exempt pursuant to Section 8123 of the Judicial Code,42 Pa.C.S.Section 8123. NEW MATTER YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 9. Garnishee incorporates by reference its Answers to Interrogatories one through eight above as though fully set forth herein. 10. As indicated above, the account titled Christopher Co Tran, Christina Tran, Rebecca J. Tran(9405)which is in the possession of the Garnishee is titled to joint tenants and as such may be exempt or immune from attachment. This account cannot be executed upon without competent proof by Plaintiff that the attached assets belong to the judgment debtor. As such, Garnishee cannot release the attached assets without an appropriate order of Court directing the Garnishee to permit execution in whole or in part by Plaintiff against such assets. Garnishee will stay further action pending a hearing and determination by the appropriate court. JOPA SIRLIN rn for Gamishee Dated: 3 a'h3 Wells Fargo Bank,N.A. Liens,Levies&Garnishments 101 N.Independence Mall East MAC Code#Y1372-113 Philadelphia,PA 19106 VERIFICATION Phyllis Brummett,being duly sworn according to law,deposes and says that she is the Legal Order Processing Associate of Wells Fargo Bank,NA Garnishee herein,and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge.Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904,relating to sworn falsification to authorities. Phyllfs Brummett Legal Order Processing Associate Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank Plaintiff No. 2412-6326 V. REBECCA TRAN Defendant 121173.001 NOTICE OF FILING JUDGMENT To: REBECCA TRAN PO BOX 605 FAYETTEVILLE PA 17222 Pursuant to Pennsylvania Rule of Civil Procedure 236,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-439-1500, or., you may contact Attorney Demetrios H. Tsarouhis, Esq.via written correspondence at 21 S. 9`h Street,Allentown, PA 18102. la �3 DATE: ,Prothonotary r• SIRLIN LESSER& BENSON,P.C. By: Jon C. Sirlin,Esquire ",.. .s "' PRO Identification No.: 17498 123 S.Broad Street,Suite 2100 1113 AUG 27 AN 9. 39 Philadelphia,PA 19109 R (215)864-9700 rte'UMBERL/-;r"AI) COUNTY Attorney for Garnishee F-)6 N YIw11A N I A AMERICAN EXPRESS BANK FSB,A : COURT OF COMMON PLEAS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO, GARNISHEE PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter a Judgment of Non Pros in favor of Wells Fargo, Garnishee and against Plaintiff, AMERICAN EXPRESS BANK FSB, A FEDERAL SAVINGS BANK, for failure to enter judgment against the Garnishee within twenty days after service of a Rule to seek judgment against Garnishee under Rule 3143(g) or to place the issue between Plaintiff, Defendant, and Garnishee upon t e list for trial. Dated: J . S IN tto ey for Garnishee ��� 14 y%0s SIRLIN LESSER& BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 S.Broad Street, Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK FSB, A : COURT OF COMMON PLEAS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. REBECCA TRAN : NO. 2012-6326 and WELLS FARGO, GARNISHEE To: Demetrios H. Tsarouhis, Esquire 21 South 9th Street Allentown, PA 18102 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X JUDGMENT OF NON PROS _JUDGMENT BY DEFAULT _MONEY JUDGMENT _JUDGMENT IN REPLEVIN _JUDGMENT FOR POSSESSION _JUDGMENT ON AWARD OF ARBITRATION _JUDGMENT ON VERDICT _JUDGMENT ON COURT FINDINGS 'F/a711.� SIRLIN LESSER& BENSON, P.C. By: Jon C. Sirlin,Esquire, I.D. No.: 17498 123 South Broad Street, Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK FSB,A : COURT OF COMMON PLEAS FEDERAL SAVINGS BANK COUNTY OF CUMBERLAND VS. , rnED cn ._ REBECCA TRAN : NO. 2012-6326 " " ^° Lam' and �r �, cn c� C:)-n WELLS FAR GO GARNISHEE ATTORNEY I.D.#17498 zo 5 5 C71 BILL OF COSTS OF GARNISHEE WELLS FARGO w Garnishee, Wells Fargo, hereby bills the following costs to the fund attached and will be satisfied therefrom, as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: $140.69 Notary Charges: $ 0.00 Entry of Appearance: $ 0.00 Answers to Interrogatories: $ 0.00 Order to Discontinue or Satisfy: $ 0.00 Other: 00 T L: $140. JON C. SI Attorney r G 'shee Costs are hereby taxed in the amount of$- his f � 2013. PROTI 1. BY: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff `u fn t'Z PRO 1�1f� (�';i��: Jody S Smith vQ "%Y' of CIIIND"j, Chief Deputy f �� : Richard W Stewart UMBERLAND Solicitor OFFICE OFTPE SNERIFP PENNSYL- VANIA American Express Bank, FSB Case Number vs. Rebecca Tran 2012-6326 SHERIFF'S RETURN OF SERVICE 03/20/2013 11:17 AM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M &T Bank, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Connie Kerrsetter, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 26, 2013 to Rebecca Tran at PO Box 605, Fayetteville, PA 17222. 03/20/2013 11:30 AM-William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Wells Fargo Bank, 604 East High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Joe Miller, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. 09/27/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $144.50 SO ANSWERS, September 27, 2013 -RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott,inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW American Express Bank FSB, a Federal : Savings Bank, v. REBECCA TRAN, Plaintiff Defendant : No.2012 -6326 121173.001 PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY Plaintiff, by and through its undersigned counsel, moves this Court for an Order pursuant to Pa. R.C.P. No.4019 to compel Defendant to respond to Plaintiffs discovery, and in support thereof says as follows: 1. Plaintiff filed suit against Defendant in this matter on 12/09/2012. 2. The Complaint was served on 10/16/2012. 3. A default judgment was entered in favor of the Plaintiff on 4. Thereafter, Plaintiff served discovery upon Defendant or Defendant's counsel on 04/16/2013, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A ". 5. Pursuant to Pa. R.C.P. 4006(a) (2), Defendant's responses to said discovery were due within thirty (30) days of the above service date; however, no response was received from the Defendant. 6. Plaintiff requested Defendant to answer said request by letters dated 02/14/2014 , a true and correct copy of which are attached hereto, made a part hereof and collectively marked Exhibit "B." 7. The information/documentation sought in Plaintiffs discovery is discoverable under the Rules of Civil Procedure 8. Plaintiff has made numerous good faith attempts to obtain Defendant's responses to said discovery amicably and without the need for Court intervention. 9. However, despite repeated requests, as the date of the filing of this Motion, Defendant has continued to refuse to answer the Plaintiffs discovery. 10. Plaintiff has given Defendant or Defendant's counsel notice of the filing and /or presentation of this Motion as indicated in the Certificate of Service attached hereto. 11. Plaintiff requires an Order pursuant to Pa. R.C.P. 4019(a)(1)(i), 4019(a)(1)(viii) and 4019 (c)(5) compelling Defendant to answer said discovery, WHEREFORE, Plaintiff respectfully requests that this Court enter an Order pursuant to Pa. R.C.P. 4019(a)(1)(i), 4019(a)(1)(viii) and 4019 (c)(5) compelling Defendant to answer Plaintiffs discovery Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9t Street Allentown, PA 18102 DATE: March 20, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Bank FSB, a Federal Savings Bank Plaintiff(s) : No.2012-6326 v. REBECCA TRAN Defendant(s) 121171.001 To: REBECCA TRAN PO BOX 605 FAYETTEVILLE PA 17222 INTERROGATORIES IN AID OF EXECUTION Plaintiffs is seeking to collect on the judgment which it has secured against you in this case and needs information about your assets. In aid of execution you are requested to answer the following interrogatories pursuant to Pa. R.C.P. 3117. You are required under Pa. R.C.P. 4006 to file answers under oath or verification to the following interrogatories within thirty days after their service upon you: DEFINITIONS 1. As used herein, the words "you" and "your" refer to defendant and defendant's agents, •representatives, attorneys and all other persons acting or purporting to act on behalf of defendant. 2. As used herein, the word "document" shall mean that original and any copy, regardless of origin or location, or any book pamphlet, periodical, letter, memorandum, telegram, report, study, handwritten note, working paper, or any other written, recorded, punches, or taped matter, however produced, to which you have or have had access. 3. As used herein, "corporation," "company" or "entity" shall inean any corporation, partnership, sole proprietorship, company, entity or business operation. 4. As used herein, "communication" shall mean all conversations, whether oral or written, all telephone calls. telegrams, letters, memoranda, documents, discussions or any other form of communication. 5. As used herein, "identify" or "identity'' used in reference to an individual or person means to state his full name, present business and private addresses, his present or last known occupation, his employer, and employer's address. 6. As used herein, "identify" or "identity" when used in reference to a corporation, Exhibit " company, entity or institution means to state its full name and present address, any fictitious navies under which it operates, and the present owners, officers and directors thereof with their current address. 7. As used herein, —identify" or "identity" when used in reference to a document or communication means to state the date,. author, type of document or communication (e.g., letter, memorandum, telegram, chart, etc.) or any other means of identifying it, its present location, and the name and address of its custodian. If any such document of communication was, but is no longer, in your possession or subject to your control, state what disposition was made of it and who presently has it. INTERROGATORIES IN AID OF EXECUTION J. State your full name, address, age and telephone number. State other names do you use, if any? 3. State the name(s), address(es) and age(s) of your present and/or former spouse and your children, if any. 4 With whom do you live? 5. Identify each of your dependents, if any. 6. State your occupation. 7. If you work for someone else, state the name of your employer, the address where you work, the type of work you do, your gross pay per week and your take -home pay per week. If you receive commissions from your employer, state the average amount of such commissions you receive each week. 8. If you are self - employed, state the nature of your self - employment; the address of your office or place of business; the fictitious name under which you trade if any, your average gross annual earnings; and your average net annual earnings. 9. Are you associated in a business or professional partnership or joint venture? If so, identify the partnership or joint venture and the members thereof; the nature of the business, the percentage of your interest; the estimated value of your interest; your average gross and net annual compensation; all documents relating to the formation and governance of the partnership or joint venture. 10. Are you a principal of a closely held corporation? If so, identify the corporation, the stockholders, directors, and officers, and their relationship to you, if any; the nature of the business; the number of shares and par value of the stock held by you and each of your fellow stockholders; any restrictions on the transfer of your stock; the market or repurchase value of your interest in the corporation; all documents relating to your purchase and ownership of stock in the corporation; all documents relating to incorporation of the corporation; bylaws, and stockholder's agreements. 1 1 . State your gross taxable income as shown in your federal income tax returns for the years 2009 through 2012. 12. What is your present average monthly income from all sources? 13. What is the present average monthly income of your household from all sources? 2 14. Do you pay rent for your present livine quarters? If so, state the name and address of your landlord and the amount of rent you pay per month. 15. Do you own the home in which you now live? Ifso, state: a. who has title to the home in which you now live; b. when was the property purchased, what the purchase price was, by whom it was paid and what the source was of the funds used; c. whether there is a mortgage on the property and, if so, state the name and address of the mortgagee, the amount of the original mortgage, the amount of the current mortgage balance, and the monthly mortgage payments; and d. the current market value of the home in which you Iive. 1 6. Do you own any interest in any other real estate in this state or elsewhere either individually or jointly with another individual or entity? If so, as to each such interest state: a. the full address and location of the real estate; b. the market value of the real estate; c. the nature and extent of your interest in the real estate, including joint, reversionary, remainder, leasehold, contingent, or beneficial interest; d. the name, address and telephone number of any joint owner; e. the date you acquired your interest; f. the amount and source of the funds with which you paid to acquire such interest; g. the identity of all documents which relate to your interest in the real estate and the source of funds used to purchase the interest (include statements, passbooks, check registers, etc); h. if there are any mortgages on such real estate, state as to each mortgage: i_ the identities of the mortgagee, the mortgagor and the real owner; ii. the identity of all documents relating to the mortgage and the underlying obligation; iii. the amount of the original mortgage obligation; iv. the outstanding obligation of the mortgage; v. the date on which the mortgage was executed; and vi. the date on which and the office in which the mortgage was recorded. 3 i. if any interest is held in trust for you, identify the tnutor, trustee and identify any documents relating thereto. 17. I -lave you, or has anyone on your behalf, conveyed or transferred any of the real estate set forth in Interrogatory no. 16? If so, state as to each conveyance or transfer: a. the description of the real estate; b. the interest which you conveyed or transferred; c. the identity of the person to whom you conveyed or transferred that interest; d. the consideration which you received; e. the reason for the conveyance or transfer; and f. the fair market value of your interest in the property at the time of its conveyance or transfer by you. 18. Do you hold a mortgage or other security interest in any real estate? If so, as to each such mortgage or other security interest state: a. the description of the real estate; b. the date when you acquired the mortgage or other security interest; c. the identity of the assignor of the mortgage or other security interest, if any; d. the outstanding balance due on the note or obligation which the other security interest secures; e. the identities of the mortgagor(s), or party(ies) granting the security the real owner(s); mortgage or interest, and f. the identity of any documents which relate to the mortgage or other security interest; and g. the priority of the mortgage or other security interest. 19. Do you own a motor vehicle or any interest in a motor vehicle either individually or jointly with another person or entity? If so, state as to each such vehicle: a. the make, model, year, color, and serial number of the motor vehicle; b. the name which appears on the registration or title certificates; c. the location and current custodian of the motor vehicle; d. the purchase price of the motor vehicle; 4 e. the balance due on any outstanding money security interest in the motor vehicle, and the name and address of the secured party; 1: each person who paid any part of the purchase price or who has repaid or is repaying any part of a purchase money loan, and the amount and source of the funds paid; g. the market value of the motor vehicle; h. the identity of all documents relating to the purchase of the motor vehicle, evidence of title or registration of ownership; and i. the nature and value of your interest in the motor vehicle. 20. Identify all items of tangible personal property having a value of 8100 or more which you own either individually or jointly with another person or entity including, but not limited to, jewelry, furs, furniture, office equipment, television sets, radios, record players, electrical appliances, power tools, photographic equipment, works of art, musical instruments, coin or stamp collections, silver or china, and for each item state the purchase price and date of purchase; the approximate value of each item; the seller of each item; by whom each item was purchased; the source of funds used to purchase each item; the nature and extent of your interest in each item; the name, address and telephone number of any joint owner; the location of each item; the amount due on any outstanding purchase money security interest, conditional sales agreement, lease /sale agreement, or other encumbrances; the name and address of the secured party, conditional seller or lessor; and all documents relating to the purchase and ownership of each item. 2l . Do you own or have any interest in any corporate stocks, bonds, or other investment contracts, including any option to purchase or sell a security, either individually or jointly with another individual or entity or in the name of any entity in which you have any ownership interest or other involvement? If so, as to each such interest state: a. the identity of such stock, bond or security; b. the name in which such stock, bond or security is held; c. the par or face value of such stock, bond or security; d. the market value of such stock, bond or security; e. the name, address and telephone of the custodian of such stock, bond or security; f. by whom such stock, bond or security was purchased and the source of funds used to purchase such stock, bond or security; g. the name, address and telephone number of any joint owner; h. the date(s) on which interest is payable on any bonds; i. the maturity date of any bond; and j. the identity of any documents which relate to the purchase and ownership of such stock, bond or security including the actual stock, bond or security certificates. 22, identify any pension or 4O1(k) plan in which you have an interest; the nature of your interest; the dollar amount or value of vour interest; and all documents relating thereto. 23. Do you own or niaintain any savings or checking accounts, certificates o[depnxit,money market accounts, mutual fund accounts, or [RA or Keogh uocouota, either individually or jointly with another individual or entity or in the name of any entity in which you have any ownership interest or othei involverrient? lfso, as 10 each such accounl or ceriificate state: a. ihc idenlity of the institution in which you have the account; b. the tite and nurnber or identifying reference of the account or certificate; c. the identity of any joint owner of the account or certificate and the nature of your joint ownership; d. the nature ofthe account or certificate; e. the purchase price ofthmcortiGcute; f. the dates and amounts of your deposits or contributions for the last 2 years; g. the dates and ainounts ofyour vithdrawa1s for the last 2 years; and h. the current balance of the account or value ofthe certifieate 24. Do you have a safe deposit box or other similar storage facility in your name (either individually or jointly with another individual or entity), in the name of any entity in which you have any ownership or other involvenient (either alone oc jointly with another entity or individual) or in which you have placed personal property with a value in excess of of1OO? lfso, as 10 each such box or facility state: a. the identity of the institution in which you rent or maintain such safe deposit box of facility; b. the number under which such safe deposit box or facility is rented; c. the name under which such safe deposit box or facility is rented; and d. the contents ofsuch safe deposit box or facility. 25. Identify any scat owned by you either individually or jointly with another person or entity in any stock oou000diiy or other exchange; the estimated value of the seat; by whom the seat was purchased and the source of the funds used to purchase the seat; the name in which the seat is held; thc name of joint owner; and all documents relating in the purchase and ownership of the seat; and membership rules oldie exchange. 26. Do you have any interest in any patent, copyright, or royalties or in any patentable invention or copyrialitable material? If so, identify: n. the patent, copyright, or royalties or the patentable invention or copyrightable 6 material; b. the nature of your interest; c. the dollar amount or value of your interest; and d. the identity of any documents relating to your interest. 27. Have you any uncollected debts, accounts receivable, or other monies that are due you? If so, for each please state: a. the identity of the debtors; b. the date the debt was created; c. the amount of the remaining debt; d. the terms of repayment, including the date on which the debt is due; and e. the identity of any document which creates, evidences, or refers to the debt. 28. Are there any unsatisfied judgments of record in your favor in any action or have any judgments been assigned to you by anyone? If so, for each please state: a. the identity of the judgment debtor; b. the identity of the suit, action, or legal proceedings relating to the judgment, including the caption, the court in which it is filed, and the court term and number; c. the identity of the assignor, if any; d. the nature of the judgment; and e. the status of the judgment and any execution proceedings. 29. Do you hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: a. the description of the personal property, including the identity of present owner; b. the nature and amount of the security interest or lien, including the identification of any court action involved; c. the date when you acquired the security interest or lien; d. the obligation secured by such security interest or lien; and e. the identity of any documents which relate to the security interest or lien. 30. Have you any right, interest, financial advantage or prospect thereof under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in 7 the federal courts? If so, for each please state: a. the identity of the contract, insurance claim, cause of action or pending Lawsuit, and any documents relating thereto; and b. the identity of the other party or parties involved; c. the nature and current status of the contract, claim, cause of action, or lawsuit; d. the known or estimated value of the same. 31. Are you the beneficiary of any trust? If so, identify the name, address and telephone number of the trustee, the duration of the trust and your interest therein, the amount of income you receive from the trust annually, the amount of principal to which you are entitled upon distribution, the date of distribution, and the identity of all documents relating to the creation of the trust. 32. Have you received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since January 1, 2006? If so, identify the decedent, the executor or administrator, the nature and value of your bequest, devise, legacy or distributive share, and the date of distribution or expected distribution. 33. Do you have a will? If so, identify the property, real or personal, which is specifically devised, bequeathed or otherwise disposed of by your will, and the person named as executor. 34. Do you have any title insurance, casualty insurance, collection insurance, homeowners insurance or other insurance against loss or damage to property? If so, identify each policy, the issuer, and the property, real or personal, which is insured thereby. 35. Are you the beneficiary under an insurance policy on the life of any other person? If so, identify the policy, the issuer, the insured, the amount of the policy, the current value of the policy and any other beneficiaries. 36. Do you have any insurance on your own life? If so, identify the policy, the issuer, the amount of the policy, and the amount of premiums remaining to be paid. 37. Do you own or have an interest in any other assets not already disclosed? If so, please identify the same and the current location. 38. Identify each item of tangible personal property which you have in pawn; the name and address of the pawn broker; the value of the item; the amount of the pawn; and the terns of redemption. 39. Identify each item of tangible or intangible personal property owned by you either individually or jointly with another person or entity which is subject to any outstanding security interest; the name and address of the secured party; the security agreement; the balance due on the underlying obligation. 40. Have you sold, assigned, given or traded any tangible or intangible personal property or interest in personal property with a value of $100 or more to anyone within the last 2 years? If so, as to each transfer, please state: a. the description of the property; S b. the interest which you transfenred; c. the identity of the person to whom you transferred the property or interest therein; d. the date of the transfer; e. the consideration you received for each transfer; C. the reason for such transfer; and g. the fair market value of the interest at the time of your transfer. 41. Describe any money have you received and any money you have spent since January 1, 2007? 42. Do you owe any federal, state or Local taxes? If so, identify each taxing authority, the period for which taxes are due, and the amount of taxes due. 43. Are you owed any federal, state or local tax refund? If so, identify each taxing authority, the period for which taxes are due you and the exact or estimated amount of the refund. 44. Do you make, or are you under obligation or order to make, any child or spousal support payments? If so, please specify for each such payment of obligation: a. the identity of the recipient; b. the identity of any court action relating to such payments or obligations; c. the amount of such payments or obligations; and d. the payment and delinquency history of such payments in the last two years. 45. Do you owe anyone money? If so, identify each creditor by name and address, the amount due, and the terms of repayment. 46. Are you a member of any clubs? If so, identify each club, the amount of club dues, and whether the dues have been paid and by whom. 47. Are there any pending suits, actions, legal proceedings or claims of any kind against you or any interest you hold? If so, as to each state the following: a. the identity of the suit, action or legal proceeding including the title, the court in which it was filed, and the court term and number; b. the identity of the other party or claimant; c. the nature of the suit, action, proceeding or claim; d. its known or estimated value; and 9 e. the current status of the suit, action, proceeding or claim. 48. Other than the judgments which have issued against you in this case, are there any judgments on record against you or any company or entity in which you have any interest? if so, for each judgment please state: a. The identity of the suit, action or legal proceedings relating to the judgment, including the title, the court in which it is filed, and the court term and number; b. the amount; c. the identity of the individual or entity in whose favor the judgment exists; d. whether payments have been made on account thereof by you or by any third party, person or entity for you; e. if the answer to item d. is yes, please identify amounts paid and the party, person or entity who paid them; and f. whether the judgment was satisfied and whether the satisfaction was recorded. 49. Is any judgment creditor currently attempting to execute on any judgment or secure information to aid in execution of any judgment? If so, as to each creditor, please specify: a. the identity of the judgment creditor; b. amount of judgment; and c. nature of the current activities by the judgment creditor. 50. List any other liabilities or obligations not already disclosed. DATE:April 16, 2013 Respectfully Submitted, )1:).1.4A DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9'h Street Allentown, Pa 18102 610 -439 -1500 10 VERIFICATION hereby verify that the statements contained in the foregoing Discovery are true and correct to the best of my knowledge, information and belief_ I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Bank FSB, a Federal Savings Bank Plaintiff(s) : No.2012 -6326 v. REBECCA TRAN Defendant(s) 121173.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Interrogatories in Aid of Execution have been served by United States first -class mail, postage prepaid, upon the individual(s) at the address indicated below: REBECCA TRAN PO BOX 605 FAYETTEVILLE PA I7222 DATE: April 16, 2013 Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9th Street Allentown, Pa 18102 610 -439 -1500 12 TSAROUH1S LAW GROUP ATTORNEYS AT LAW 21 S. 9"i STREET —SUITE 200, ALLENTO\VN, PA 18102 REBECCA TRAN PO BOX 605 FAYETTEVILLE PA 17222 Re: Docket No.: Our file No.: February 14, 2014 American Express Bank FSB, a Federal Savings Bank v. REBECCA TRAN, et. al. 2012 -6326 121 173.00] To Whom It May Concern: As you are aware, I forwarded Interrogatories in Aid of Execution to you on or about 04/16/2013. 1 am writing this correspondence to inquire as to whether you will require any additional time to complete the same and to make a good faith effort to resolve any discovery disputes you may have. Kindly contact me at 610- 439 -1500 if you have any questions or concerts. If I do not hear from you, I shall expect responses to the same within seven (7) days of the date of this correspondence. Please contact me at 610- 439 -1500 if you have any further comments or concerns. Thank you in advance for your cooperation. Very truly yours, DEMETRIOS H. TSAROUH1S NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be a valid by our offices. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification of judgment will be tnailed to you by our offices. PHONE: 610.439.1500 • FAX: 610.439.8760 • DIIT ciiPACOLLECTIONS.COM Exhibit COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW American Express Bank FSB, a Federal : Savings Bank, v. REBECCA TRAN, Plaintiff Defendant : No. 2012-6326 : 121173.001 PLAINTIFF'S BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO DISCOVERY The Plaintiff, by and through its counsel, Demetrios H. Tsarouhis, submits this Brief in Support of its Motion to Compel Discovery Responses. PROCEDURAL HISTORY AND STATEMENT OF FACTS On or about 12/09/2012, Plaintiff filed a Complaint against Defendant in the Court of Common Pleas of CUMBERLAND County seeking payment from Defendant. The Complaint was thereafter properly served upon the Defendant(s). A default judgment was entered against the Defendant and despite repeated demands, Defendant has failed to remit the balance due to Plaintiff. On 04/16/2013, Plaintiff served upon Defendant its Interrogatories in Aid of Execution. (See Exhibit "A" attached to Motion.) As of the date of the filing of this Motion, Defendant has neither answered nor responded to Plaintiffs Interrogatories. Plaintiff will be greatly prejudiced if these Interrogatories are not fully and completely answered in a prompt fashion. STATEMENT OF QUESTION PRESENTED WHETHER THIS HONORABLE COURT SHOULD ISSUAE AN ORDER TO COMPEL RESPONSES TO DISCOVERY TO WHICH NO OBJECTIONS HAVE BEEN FILED AND TO WHICH RESPONSES ARE OVERDUE? SUGGESTED ANSWER: YES. ARGUMENT Pa. R.C.P. 4006(a)(2) relating to Answers to Interrogatories provides that Answers to Interrogatories are due within thirty (30) days after service of the Interrogatories. While the rule contains provisions for the service of Objections, no Objections to the discovery have been made by Defendant. In addition, Pa. R.C.P. 3117 specifically provides for Discovery in Aid of Execution in the event that a Plaintiff has obtained a judgment against a Defendant. In pertinent part, Rule 4019 of the Pennsylvania rules of Civil Procedure reads as follows: (a)(1) the Court may on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005... (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond... (viii) a party...otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision (a) of this rule may make... (5) such order with regard to the failure to make discovery as is just. Pa. R.C.P. 4019 (emphasis added). Moreover, the explanatory note to Pa. R.C.P. 4019 relating to sanctions indicated the appropriate procedure wherein full responses have not been made to discovery is to first file a motion to compel compliance. See also Linker v. Churnetski Transportation., Inc., 520 A.2d 502, 505 (Pa. Super. 1987), appeal denied 533 A.2d 713 (Pa. 1987) and Griffin v. Tedesco, 513 A.2d 1020, 1023 (Pa. Super 1986). At this point, Plaintiff requests the Court to enter an Order compelling Defendant to do what is required of them, namely, provide answers to the Discovery in Aid of Execution. CONCLUSION For the foregoing reasons, Plaintiff's Motion to Compel Discovery should be granted and Defendant should be required to answer the Interrogatories within twenty (20) days from the date of this Court's Order, or suffer the imposition of sanctions as this Court deems appropriate and just. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attornefiy for Plaintiff 21 S. 9` Street —Suite 200 Allentown, PA 18102 610- 439 -1500 Date: March 20, 2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW American Express Bank FSB, a Federal : Savings Bank, v. REBECCA TRAN, Plaintiff Defendant : No.2012 -6326 121173.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Plaintiffs Motion to Compel Answers to Discovery have been served by United States first -class mail, postage prepaid, upon the individual(s) at the address indicated below: REBECCA TRAN PO BOX 605 FAYETTEVILLE PA 17222 Respectfully Submitted, DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9th Street Allentown, PA 18102 DATE: March 20, 2014 TSAROLIMS LAW GROUP a ATTORNEYS AT LAW 21 S. 9THH STREET— SUITE 200, ALLENTOWN, PA 18102 May 21, 2013 REBECCA TRAN PO BOX 605 FAYETTEVILLE PA 17222 Re: American Express Bank FSB, a Federal Savings Bank v. REBECCA TRAN, et. al. Docket No.: 2012 -6326 Our file No.: 121171001 To Whom It May Concern: As you are aware, I forwarded lnterrogatories in Aid of Execution to you on or about April 7, 2013. 1 am writing this correspondence to inquire as to whether you will require any additional time to complete the same and to make a good faith effort to resolve any discovery disputes you may have. Kindly contact me at 610 - 439 -1500 if you have any questions or concerns. If 1 do not hear from you, I shall expect responses to the same within seven (7) days of the date of this correspondence. Please contact me at 610- 439 -1500 if you have any further comments or concerns. Thank you in advance for your cooperation. Very truly yours, D ETRIOS H. TSAROUIIIS NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be a valid by our offices. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification of judgment will be mailed to you by our offices. PHONE: 610.439.1500 ° FAX: 610.439.8760 • DHT @PACOLLECTIONS.CONI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW American Express Bank FSB, a Federal : Savings Bank, v. REBECCA TRAN, Plaintiff Defendant : No. 2012 -6326 : 121173.001 ORDER AND NOW this L day of Dt @ r` c7 m CO CD • - r- zT , 201 '1 , it is hereby ORDERED, ADJUDGED, and DECREED that Defendant shall comply with Plaintiff's discovery requests and supply full and complete verified responses to Plaintiffs Interrogatories in Aid of Execution within % ' days of the date of this Order; IT IS FURTHER ORDERED that Defendant shall comply with the Pennsylvania Rules of Civil Procedure and continue to produce any discoverable documents requested by Plaintiff. BY THE COURT: