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HomeMy WebLinkAbout12-7254COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Centurion Bank, a Utah Corporation Plaintiff v. NANCY LENKER Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717-249-3166 ~ ~103.7s~d ~ I ~ ~ ~ ~1~Y9 ,~f~ ~83(~go COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Centurion Bank, a Utah Corporation, Plaintiff v. No. NANCY LENKER, Defendant isisos oov COMPLAINT Plaintiff, American Express Centurion Bank, a Utah Corporation, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Centurion Bank, a Utah Corporation, ("Plaintiff ') is a NY business corporation having its corporate offices at 200 Vesey Street, 43rd. Floor, New York NY 10285. 2. Defendant, NANCY LENKER , is an adult individual resident of Pennsylvania who maintains an address at 20 N 12TH STREET APT 216 , LEMOYNE PA 17043. 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 . 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 2 6. Defendant used the credit card with account number ending in ,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 08/20/2012 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $24,511.31. 11. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6% per annum to the past due balance, which currently totals $4.03 per diem from the date of the filing of this Complaint until the date of judgment in this matter. 12. Pursuant to the terms of the Agreement, Defendant is liable to Plaintifffor court costs and reasonable attorneys' fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $24,51.1.31 due on the account; a) Interest at the per diem rate of $4.03 from the date of filing this Complaint until the date of Judgment; b) Reasonable attorneys' fees; 3 c) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I -Unjust Enrichment 13. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 14. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 15. Defendant received and accepted the benefit of said credit provided by Plaintiff. 16. 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. 17. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 18. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 19. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 20. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense, an implied contract exists between Plaintiffand Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $24,511.31. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: 4 a) Judgment in the amount of $24,511.31 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`h Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: November 25, 2012 121508.001 5 FDR 97a9sn . , .~ r*._- i<r ls~ :r>iatt t~`I . i _suhM ,uf-ceshiia This document and the accompanying supplement(s) umstitute your Agnemrnt. Please read and keep this Agreement. Abide by its terms.ltihcn you keep, sign ur use the Card issued to you (including any renewal or replacement Cards), or you use the amount associated with this Agreement (your "Account"), you agree to the terms of this Agreement. The words "vou; "your" and "yours" mean the person who applied for the Account and the person to whom we address billing statements, as welt as any person who agrees to be liable nn the Aaount. Thr'Basic Cardmembcr" is the person who opened the Account. At your request, we may also issue a Card nn your Acmunl to another person (an'Additu?nal fardmember'~). The term "Card" refers to the American Express' Card issued to you, all other Cards issued on your Account, and any other device (suclt as Aaount numbers and convenience checks) with which you may aaess your Account. "We," "our° and "us" refer to American Express Centurion Ban k, the issuer of your .A count. i•.ir,A tltc td+re' Yuu may use the Card to obtain goods and services from any person who accepts the Card ("Purchase(s)°). You may also use the Card to obtain loans ("Cash Advance(s)")through various means we may make available (e.g., ATM machines) up to the applkable limits on your Account At our discretion, we may permit you to transfer balances Erom other accounts to your Account ("Balance Transfer(s)"}. At our discretion, we may issue convenience checks that you can use to access your Asuunt. Each convenience check may be used only by you. You may not use convenicncr checks to pay any amount you owe under this Agreement or to pay any other account you have with us or our alliliates. Transactions you make in response to promotional offers from us will be subject to the trans of the promotion and this Agreement. All amounts charged m your Aaount including Purchases, Cash Advances, Balance Transfers, convenience checks, annual fee(s), if any, any amounts guaranteed by use of the Card, other fees, and any Finance Charges, are "Charges' A convenience check that we identify as having been made payable to cash, to you, or to a bank, brokerage or similar asset account wiB be treated as a Cash Advance. Any other convenience check and/or a Balance Transfer will be treated as a Purchase, except as otherwise noted. If you make a Purchase or a Balance Transfer, or use a convenience check. that is governed by a promotional offer f tom us, the Charge will be included in a Promotional Balance, unless sve notify you otherwise. You agree not to let any person use a Card except a Cardmembcr whose name is on it. You agree to Warily us if the Card is lost or stolen, or you suspect that it is being used without your permission. You agree to use the Account only for Purchases, Cash Advances, or Balance Transfers that are lawful and arc permitted under this Agreement. We may issue you renewal or replacement Cards below a previously issued Card expires. if you ur an Additional Cardmembcr authorize a third party to bill Charges on a recurring basis to your Account ("Recurring Charge(s)°), w'e may (but are not reyuired to) provide such third party with your current Account status, Card number andlnr expiration date to permit that third party to continue billing your Aaount. We may take such steps even if your account number changes or if we issue a renewal or replacement Card to you or an Additional Cardmembcr. To withdraw authorization for a Recurring Charge, you must notil} the third parry. ~nPasl E Cz• There is nu annual lee Gx this Account. C ~ e [i tl [. nx' A portion of your credit line may be available to you for Cash Advances up to your Cash Advance limit. We may, al any time and in our sole discretion, increase andlnr decrease your credit line and Cash Advance limit. We may limit Charges at an automated feller machine ("ATb~I") to the lesser of (i) a total of $3,500 in any seven-day period, or (ii) the remaining amount of the Cash Advance limit nn your Account and we may impose additional limits at our sole discretion (in addition to any limits imposed by the ATM's owner). Your billing statements will show your credit line and Cash Advance limit and the unused portions of such line and limit as of the statement date. You agree to manage your Aaount so that your balance (or Cash Advances (including fees and Finance Charges) will not exceed the Cash Advance limit and your overall balance (including fees and Finance Charges) will not exceed your credit line. You agree to pay us, immediately upon request, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline any attempted Charge, even if the Charge would not cause }'ou to exceed your credit line or limit. Wr are not responsible (or any losses or other atnseyuences if a transaction on your Account is not approved for any reason, even if you have sufficient credit available. Except as otherwise nyuircd by applicable law, we will not be responsible if any merchant refuses to honor the Card or for am other problem you may have with a merchant. ~rCiml~i'. tSi t~:t\ You promise to pay all Charges, including Charges incurred by Additional Cardmembers, on your Account.'1'his promise includes any Charge for which you or an Additional Cardmembcr indicated an intent to incur the Charge, even if you or the Additional Cardmembcr have not signed a ehazge form or presented [hz Card. You also promise to pay any Charge incurred by anyone that you or an Additional Cardmzmber let use the Card, even though you have agreed not to let anyone else use the Card. tEtus of.end Re.,prtnvbility for additional C:udmc>orltera Additional Cardmembers do not have accounts with us. Instead, they are authorized users on your Account, and the Cards issued to them may be cancelled by you or us at any time. You must notify us to revoke an Additional Cardmembers' permission to use your Account. You are responsible under this Agreement for all use of your Acrnum by the Additional Cardmembers, and by anyone else you or an Additional Cardmembcr less use the Cazd, and the Charges they incur will be billed to you. You have this responsibility even if you did not intend for an Additional Cardmembcr, or other person, to use the Card for any transactions. An Additional Cardmembcr is not liable for Charges incurred by the Basic Cardmembcr or by other Additional Cardmembers. However, by each use of the Additional Card to incur Charges, the Additional Cardmembcr indicates his or her agreemem to pay us Eur the Charge if you Cail to or refuse to pa}' it, and we may, at our discretion, pursue Additional Cardmembers for payment of Charges [hey incur or authorize. Y'ou authorize us to provide Aaount information to Additional Cardmembers and to discuss the Account with them. You agree to notify each Additional Cardmembcr, at the time he or she becomes an Additional Cardmembcr, that we ma}' receive, record, exchange and use information about him or her in the same manner we do with information about you, as described below in the Consumer Reports, Telephone Communications, and Suspension/ Cancellation sections of this Agreement. You agree to notify each Additional Cardmembcr that Additional Cardmembers are subject to all applicable provisions of this Agreement. Billi nl, Statentcnts You must notify us immediately of any change in the mailing or r-mail address to which we send billing statements or notices that a billing statement has been posted ("Billing Address"). tf you wish a Billing Address change to apply to more than one account you maintain with us, you must tell us. You agree that we may also update your Billing Address if we receive information that your Billing Address has changed or is incorrect. The "New Balance" appears on your billing statement. To determine the New Balance, we begin with the outstanding balance on your Account at the beginning of each billing period, called the "Previous Balance" on the billing statement. We add arty Charges, subtract any credits or payments credited as of that billing period, and make other applicable adjustments. CD 251323 (07109) Each billing statement will celled a Minimum Amount Due. Payment is due by the time and date shown and in [he manner presuibed on the statement. The Minimum Amount Due will not exceed the New Balance- You may pay more than the Minimum Amount Due, up to the entire outstanding balance, at any time. To calculate the Minimum Amount Due, we add together the following amowtts, round the result to the nearest whole dollar, and then add any amount past due: (1) the greatest of: (a) 2a. of the Nrw Balance (excluding from the New Balance anv any late fees onrver-limit fees): (h) the lesser oC (i) current billed Finance Charges plus I%of the New Balance (excluding from the New Balance any late fees or over-limit lees and finance charges), or (ii) 49'0 of the New Balance; or (c) $15; (2) any over-limit fees added during the billing period; and (3}any late fees added during the billing period. Adjusted Minimum Amount Due Summary: [t you consistently pay more than the Minimum Amount Duc outlined above, we may calculate your minimum payment without any late fees or the additional 19u of the balance referenced in (t)(b)(i). If we do this, and finance charges are more than 2% of the balance, we may add $] 5 to your minimum payment Fnr information about how this works, read the detailed description below. Detailed Description: We may adjust the outlined calculation ahoy by removing [he late fern in (3) and "glue 190 of the New Balance" in (I)(b)(i). In the adjusted calculation, we will exclude only the over-limit lees from the New Balance in (1)(a). After the adjustment, if (I) is equal to the current billed Finance Charges, we will increase your Minimum Amount Dur by $ I i. We will apply the adjusted calculation to your Account if: . the sum of your payments (credited to your Account in the six consecutive billing periods ending with the Closing Date of the current billing period) is greater than the sum of the Minimum Amounts Dur (for Ihz six consecutive billing periods ending with the Closing Date of the previous billing period, not using the adjusted calculation and including the amount past due in only the first of those six periods); • the sum of the Minimum Amounts llur is eyual to the sum of your payments and it is less than or equal to $90; • the sum of the Minimum Amounts Due is zero and we used the adjusted calculation in the last billing period when your Minimum Amount Due was not zero; or If we adjust your Minimum Amount Due, we will du so for at least six billing periods, and if we stop adjusting your Minimum Amount Due, we will not adjust it again for at least six billing periods, regardless of your payment history. Pa} arena All payments must be sent to the payment address shown on your billing statement and must include the remittance coupon from your billing statement. Yuu must pay us in U.S. currency, with a single draft or check drawn on a U.S. bank and payable in U.S. dollars, or with a negotiable instrument payable in U.S. dollars and clearable through the U.S. banking system, or through an electronic payment method clearable through the U.S. banking system. Your Account numher must be included on or with all payments. If we decide to accept a payment made in a foreign currency, you authorize us to choose a conversion rate that is acceptable to us to convert your remittance into U.S. currency, unless a particular rate is required by law. Payments conforming to the above requirements that we receive no later than the hour specified on your billing statement will he credited to your Account as of the day received; payments conforming to the above requirements that we receive after the hour specified on your billing statement will be credited to your Account as of the following day. If payment does nut conform to the requirements stated above, crediting may be delayed. If this happens, additional Exhibit " ~ " Charges maybe imposed. We may accept late pa}ments, partial payments or any payments marked as being payment in full or as being settlement of am' dispute without losing any of our rights under this Agreement ur under the law. Our acceptance o(any such payments does not mean we agree to change this Agreement in any way. You agree that an acceptance of such payments will not operate as an accord and satisfaction without our prior rxprcss wriucn approval. Subject to applicable law, we will appl}' and alfneale payments and credits among balances and Charges on your An'nunt in anv order and manner determined b}' us in our safe discretion. In must cases, we will appl}' and allocate payments first to balances at Tower Annual Percentage Rates ("APRs") and then to higher APA balances, and appl}' Purchase credits first to the balance from which the corresponding debit originated. Ilowevec for servicing, administrative, systems or other business reasons, we may apply and allocate payments and credits among balances and to Charges on your Acrnunt in some other order or manner that we may determine in our sale discretion. You agree that we have the unconditional right to exercise this discretion in a way that is most favorable or convenientto us. AathurhaUOn Cue Ltc~truci> f?c.bit to P,utr th~:Nme 3 i:comtt When you provide a check as payment, you authorize us to use information from your check to make an electronic fund transfer from your accowu or [n process the payment as a check transaction. if we process your check electronically, funds may be withdrawn from your bank or asset acrnunt as soon as the same day we receive your check. Also, if wr process }'our check electronically, you will not receive that cancelled check with your bank or asset account statement. Fhrna~e. t'.harKr. a. Finance Charges begin to accrue for each Charge as of the date [he Charge is added to the daily balance, as described below. If payment in full for any New Balance shown on the statement for a billing period is credited to your Account by the Payment Due Date shown on that statement, then Finance Charges wiB not accrue for Purchases from the date on which payment in full of that New Balance is credited to your Account until the end of the billing period in which such payment is credited to your Account. In addition, Finance Charges will not accrue for Purchases during a billing period if (a) the Previous Balance shown on the billing statement for that billing period is zero or a credit balance, or (b) payment in full for the New Balance, if any, shown nn the statements covering the two immediately preceding billing periods is credited to your Account by the respective Payment Due Dates shown on [hose statements. For purposes of this paragraph, Purchases do nut include Balance Transfers or convenience checks. f.. The Daily Periodic Rate ("DPR") fur Purchases and the DPR for Cash Advances are each based on an APR, which may vary. Thr APR for Cash Advances is the Prime Rate plus 17.99%. A DPR is 11365th of the APR. Ybur DPAs and APRs for Purchases appear on the amompanying supplement(s). When an APR changes, wr apply it to any existing balance subject to that rate. C'_ Notwithstanding the foregoing, unless a higher rate applies, the APR fur all balances except Cash Advances will be eyual to Prime plus 19.99% d during any Review Period any portion of any Minimum Amount Due is not credited to your Account by its Payment Due Date. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. D. Notwithstanding the foregoing, the DPR (and corresponding APR} on all balances will increase to the Uefault Rate if during the Review Period (i) payment of your Minimum Amount Due is not credited to your Acrnunt by the Payment Due Date in any two billing periods, (u) a pa}'ment on your Account is not honored by your bank or other financial institution, or (iii) you exceed any designated credit limit on your Account three or more times. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. If the Default Rate is applied, it will apply to your Account for a mininmm of twelve consecutive billing periods, beginning with the current billing period. The Dr(ault Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 23.9940. I . The "Prime Ratr" is determined once with respect to each billing period. The Prime Ratr for each hitting period is the Prime Rate published in the Dloney Rates section (or successor section) of The Wa!lStreet Journal on (a} the first day of that billing period or (b) the day that is two days prior to the Closing Date of that billing period, whichever is higher. In each lase, if such a day is not a customary publication day for The kir!! Street Journal, we will substitute the closest preceding day that is a customary publication day. If The lM1ull Street Journal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, or we may substitute a similar reference rate at our sole discretion. Any increase or decrease to an APR resulting from a change in the Prime Rate takes effect as of the first day of the billing period. An increase in the Prime Rate means that the variable APRs (and corresponding DPRs) applicable to your Account will increase and you ma}' incur higher Finance Charges and may have a higher J'linimum Amount Dur. ,ltitr;y;e Daiic t3a{anc ttcttrad ttv i~alfni dfion of 1•ineata Char~cs Wr use the Average Daily Balance method to calculate Finance Charges nn your Account. Under this method, we calculate the Finance Chazges on your Account by applying the DPR to the .overage Daily Balance (as described brlmv) separately for each balance subject to Finance Charges. Different periodic rates maybe used for different balances. For example, different DPRs may br applied to separate balances, such as Purchase, Cash Advance, and Promotional Balances. To get the Average Daily Balance for rack balance, wr (t) take the beginning balance for each day (including unpaid Finance Charges Crom previous billing periods), (2) add any new transactions, debits, nr fees, (3) xuhtract any payments or credits credited as of that day, and (4) make any appropriate adiustmrnts. For each day alter the first day of the billing period, we also add an amount of interest eyual to the previous day's daily balance multiplied by the DPR for [he balance. This gives us the daily balance for the particular balance !or that day and the beginning balance for that balance for the next day. If this balance is negative, it is considered to be zero. Then, we add up all the daily balances for each balance (or the billing period and divide the total by the number of days in the billing period. "this gives us the Average I}aily Balance for that balance. if you multiply the Average Daily Balance for each balance by tht number of days in the billing period and the DPR for that balance, the result will be the Finance Charge assessed on that balance, except for variations caused by rounding. The total Finance Charge for the billing period is calculated by adding the Finance Charges assessed on all balances of the Account. Chis method of calculating the Average llaily Balance and Finance Charge results in daily compounding of Finance Charges. We may use mathematical formulas which produce eyuivalent results to calculate the Average Daily Ba]auce, Finance Charge, and related amounts. Fnr example, we ma}' utilize computer programs or other computational methods that are designed to produce mathematically equivalent results while using fewer and/or simpler computational steps than are described in this Agreement. At our discretion, we may exclude certain categories of debit transactions or fees from the calculation of [he daily' balances. Unless wr elect to use a later date, we add a Charge to the daily balance as follows: We add a Cash Advance or Purchase to the appropriate daily' balance as of [he date of reyuest or the transaction date on the billing statement. We add a convenience check to the appropriate daily balance as of the date of first deposit. We add a Balance'Gansferatherthan through a convenience check to the appropriate daily balance as of the date of the request. We add periodic Finance Charges to the daily balance as described above. We add any other Charge to the appropriate daily balance as of the date of the transaction. Periodic Finance Charges are added to the outstanding balance at the end of the billing period for which Finance (:barges are calculated. In any such billing period, we will impose a minimum Finance Charge of $0.50, which will be added to the balance with the highest APR unless, for our convenience and in our sole discretion, we choose to add it to a balance with a lower APR. [n our sole discretion, we also may round any calculations made in determining the Finance Charges nn your Account in any wa}'that is convenient to us Any such rounding may apply to or c cruse variations in your DPRs. Ia'x. Pre. We may assess a Late Fee if a paymem nl at least the Minimum Amount Due is not credited to your Account by the Payment Due Date. The amount of [he Late Fee depends on the amount of the Previous Balance on the statement on which the Late Fee appears, as follows: ~vious Balance Late Fee Less than $400 $19 $4(10 or greater $38 tlthrr Fees We may charge the fiilhnving fees to your Account, subiect to applicable law. Except as otherwise noted, these fees will be added to the Purchase Balance. I . Dishonored Payments: 4Ve may charge a fee o($38 whenever any check, similar instrument, or electronic payment order that we receive as payment on your Account is not honored upon first presentment. If a Card is presented in connection with cashing a check at an American Express Travel Service Office or other authorized location and the check is not honored, we may charge a tee of $38. (We will also add a Charge to the Cash Advance balance of your Account in the amount of the check that was not honored) _'. Copies of Statements: Wr may charge a fee of $5 for each billing period for which a copy of a billing statement is requested. Wr will not charge this fee for any request Inc a rnpy of any of the billing statements for the three billing periods immediately prior to the rryuest. .9. Account Re-opening Fee: We may charge a re-opening fee of $25 if your Account is cancelled fur any reason and you request reinstatement and such reyursl is honored. t. Wire Traosfers:lVe may charge a fee of $ t i each time a wire transfer from your Account is initiated and authorized. :>. Stop Payment Orders: We may charge a fee of $29 each time we receive a request to stop payment on a convenience check drawn on your Amount. (+. Over-limit Fee: We may charge a fee of $3i in each billing period the Nrw Balance on your statement exceeds your credit line. ~. Convenience Check UsagelBalance Transfer Transaction Fee: We may assess a transaction Fee for each Balance Transfer and each convenience check drawn on your Account, as disclosed in the applicable Promotional Offer, in the materials accompanying the convenience check, or at the time of the transaction. This fee is a Finwce Charge and, if assessed, will be added to the same Purchase or Cash Advance balance as the convenience check transaction or Balance Transfer. For convenience checks made payable to cash or to you, a bank, brokerage or similar asset account, however, unless otherwise disclosed in the applicable Promotional Offer, in the materials accompanying the convenience check, or at the time of the transaction, there will be a transaction fee of 3%, with a minimum of $S. ti. ATM Fee: We will impose a fee each time a Card is used to obtain cash or any other services from an ATM. This fee will be 3% of the amount of the cash withdrawn or other services obtained (including any additional fee imposed for use of the ATM by its operator), with a minimum of $5. This fee will hr added to the Cash Advance balance. Suspension.tC,ancrlfatu>n In addition to any other actions we may take under this Agreement, we may suspend or cancel your Account or any feature offered in connection with your Account, we may reduce your credit line or cash advance limit (including to a level below your outstanding balance), and/or we may suspend or cancel the authorization of any Additional Cardmembrr to make Charges to your Acrnunt, at our sole discretion at any time, with or without cause, whether or not your Amount is in default, and without giving you notice, subject to applicable ]aw. Any such action on our part will not cancel your obligation to pay all Charges due on your Amount under the terms of this Agreement in effect at the time of such action or as subsequently amended, and you agree to pay us all such Charges despite any such action. We may advise third parties wha accept the Card that the Card(s) issued to you and/or Additional Cardmembers have been cancelled. It we cancel the Card or it expires, you ma}' no longer use it and you must FDR 974950 destroy it or return it to us or, i(we request, to a third path'. II you want to cancel the Acamnt or any Additional Cards, ynu must notify us and destroy the Card(s). If we agree to reinstate your Account after a cancellation, the new Agrremem we send wu (or, it we du not send you a new Agreement. this Agreement as i[ may be amended) will govern your reinstated Account. K'hen we reinstate your Account, we may reinstate any Additional Cazds issued in connection with your Account, and bill you the applicable annual fee(s). Dc3:.ul; We may consider your Aaount to be in default at any time if you fail to pay us any amount when it is due, or it you breach any other promise or obligation under this Agreement. Subject to applicable law, we may also consider your Aaount to be in default at any time if any statement made by you to us in connection with this Account or an}' other credit program was false or misleading; if you breach any promise or obligation under any other agreement that you may have with us or with any of our affiliates; if we receive information indicating that you are bankrupt, intend to file bankruptcy, or are unable to pay your debts as they become due; or we receive information leading us to conclude that you are otherwise not creditworthy. In evaluating your creditworthiness, you agree that we may rely nn information contained in consumer reports, and in our discretion we may consider the amount of debt you are Tarrying compared to }'our resourc es or any other o(}'our credit characteristics, regardless of your performance on this Account. Wr may also consider your Accomn in default in the event of your death. In the event of your default, and subject to any limitations or requirements of applicable law, we may require payment of a portion of your outstanding balance greater than the Minimum Amount Due, declare the entire amount of your obligations to us immediately due and payable, andlor suspend or cancel your Account and/or any feature that maybe offered in connection wish the Aaount. Yuu agree to pay all reasonable costs, including reasonable attorneys' fees, incurred by us (1) in connection with the collection of any amount due nn your Account, whether or not any arbitration, litigation, or similar proceedings are initiated; and (2) in reasonably protecting ourselves from any loss, harm, or risk relating to any default on your Aaount. ~ratr+acei>n,'s#aue en IvrGan Curxcocir~ 11 you incur a Charge in a foreign currency, it will be converted into U.S. dollars on the date it is processed by us or our agents. Unless a partiCUlar rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. Currently, the conversion rare wr use for a Charge in a foreign currency is no greater than (a) the highest oHicia) conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary bankutg sources, on the conversion dale or the prior business day, in each instance inueased by 2.7%. This conversion rate may differ from rates in effect on the date of your Charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. tSettefits and 4crs fce~ Subject to applicable law, we have the right In add, modify or delete any benefit, service, or Feature that may accompany your Account at any time and without notice to you. ~TbE[Y;3t3 f)t! Purpose: 'this Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in mutt. Definitions: As used in this Arbitration Provision, the term "Claim' means any claun, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that }'nu may have had with us, or the relationships resulting from any of the above agreements (`Agreements"), except for the validity, enforceability or scope of this Arbitration Provision or the Agreements. For purposes of this Arbitration Provision, "you" and "u' also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, suaessors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims° "Claim' includes claims of every kind and nature, including but not limited to, initial Claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts. statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using ur providing any product, service or benefit in connection with an}' account (including, but not limited to, credit bureaus, third parties who accept the Cazd, third parties who use, provide or participate in fzr-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) ifand only it, such third party is named as a cu-party with }'ou or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. Thr term "Claim" is to he given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controvrny that arises from or relates to (a) any of the accounts created under any oC the Agreements, or any balances on any such accounts, (h) advertisements, promotions or oral or written statements related ro any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. Wr shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and vending only in that court. Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shill be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code rnntlicts with this Agreement. Claims shall be referred m either the National Arbitration Forum ("NAF"} or the American Arbitration Association ("AAA'), as selected by the party electing m use arbitration. tf a selection by us of either of these organizations is unacceptable to you, you shall have the right within 3U days alter you receive notice of our election to select the other organization listed to serve as arbitration administrator. Fur a copy of the procedures, to file a Claim or fix other information about these organizations, contact them as follows. • NAF at PO. Box 50191, Minneapolis, MN 55405; website: www.arhitration-forum.com. • AAA at 335 Madison Avenue, New York, NY 10017; website: www.adr.org. Significance of Arbitration: IF ARBITRATION 1$ CHOSEN BY ANY PARTY WITEI RESPECT TO A CLAIM, NE[T1IER YOU NOR W E WILI. HAVF. THF. RIGHT T(1 LITIGATE THAT CLAIM [N COURT OR HAVE A JURY TRIAL ON'1'HA'f CLAIM. FL`R'fHER, YOU AND WF. WILL NO'f HAVE THE RIGHT TO PARTICIPATElN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW,'FHE ARBITRATOR'S DECISION WILh BF. FINAL. AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU \NENT TO COURT ALSO MAY NO"f BE AVAILABLE IN ARBI'1'RA"1'[ON. Restrictions on Arbitration: IF EITHER PARTY ELECTS TO RF.SOLVF; A CLAIM BY ARBITRATION, THAT CLAIM St[ALL BE ARBITRATED ON AN INDIVIDUAL BASIS. TI7ERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING, CLAIMS BROUGI{T 1N A PURPOR'fF.D REPRFSENTATIVF.GAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OR OTHER PERSONS SIb1ILARLY SITUATED. The arbitrators authority to resolve Claims is limited to Claims between you and us alone. and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including but not limited to the Continuation provision below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions on Arbitration provision be deemed invalid ur unenforceable, then the entire Arbitmuon Provision (other than this sentence) shall not apply. Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- l6, as it may br amended (the "PArY'). The arbitration shall be governed by [he applicable Code, except that (to the extent enforceable under the fAA) this Arbitration Provision shall control it it is incon.eistrnt with the applicable Code. The azbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. Thr arbitration proceeding shall not be governed by any Federal or state rules of civil procedure or rules of e~ndence. Either party may submit a request to the arbitrator to expand the scope of discovery under the applicable Code. The party submitting such a request must provide a copy to the other parry, who may submit objections to the arbitrator with a copy of the nbirctions provided to the requesting party, within fifteen (l5} days of rrceivittg the requesting party's notice. The granting or denial of such a request will be in the sole discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of [he objecting party submission. Thr arbitrator shall take reasonable steps to preserve the privacy oCindividuals, and of business manors. Judgment upon the award rendered by the arbitrator may he entered in any court havingjurisdiction.'I'he arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that awazd to a [hree- arbitratorpanel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The azbitration organization will appoint athree-arbitrator panel that will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (F20) days of the date of the appellants written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of ArbitrationlPayment of Fees: Any arbitration hearing that you attend shall take plate in [he federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, ttr Ihr extent that such fees do not exceed the amount of the tiling fees you would have incurred i( the Claim had been brought in the state or federal court closest to your bilBng address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in goad faith making a temporary advance of all or part of your share of the azbitration fees for any Claim you initiate as to which you or we seek arbitration. Yuu will not be assessed any arbitration tees in excess of your share ifyou do not prevail in any arbitration with us. Continuation: This Arbitration Provision shall survive termination of your accounts as weB as voluntary payment of the Account balance in full by you, any legal proceeding by you or us to collect a debt owed by the other, any bankruptcy by you or us, and any sale by us o(your Account (and in the case of sale, its terms shall apply to the buyer of any of your Account). Except as otherwise provided in the Restrictions on Arbitration provision above, if any portion of this Arbitration Provision (other than the Restrictions nn Arbitration provision) is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any predecessor agreement ynu may have had with us, each of which shall be enforceable regardless of such invalidity. S'L'ai r c~r Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of our rights tin any occasion, shall not constitute a waiver of such rights tin any other occasion. FDR 974950 t ,. ,,. ,:j~ ... You authorize us to reyuest consumer repm~ts about you, to make whatever credit investigations we deem appropriate, to obtain and exchange any information we may receive from aauumer reports and other sources, and to use such information for any purposes, subject to applicable law. Yuu authorize us to furnish information concerning your Aaounl to consumer reporting agencies, or others, subject to applicable law. If you believe information we have furnished about your Account to a c unsumer reporting agency is inaccurate, you should write to us at American Express Credit Bureau Unit, P.U. Box 7871. Ft Lauderdale, FL 33329-7871 and identity the specific information you believe is inaccurate. You are hereby notified that information about your Account that may have a negative impact on your credit record mac br submitted to a credit reporting agency i(you fail Io fulfill the terms of your a edit obligations. Irtrjflu-ss i',rrt9 art tenecatiune You agree that from time to time we may monitor and/or record telephone calls between you (or Additional Cardmrmbers on your Account) and us to assure the yuality of our customer service or as required by applicable law. You authorize us to call or send a text message to you at any nwnbrr you give us or from which you call us, including mobile phones. You authorize us to make such calls using automatic telephone dialing systetrts. for any lawful purpose, including but not limited to: suspected fraud or identity theft; Account transactimts or servicing: oflers of American Express products and services; and collecting nn your Account 1'ou authorize us to place prerecorded calls in connection with the status of your account or security and idrmity thrA matters. You agree to pay any fees or charges you incur fur incoming calls ur text messages from us without reimbursement. Use of the Card at Federal fovemment Agencies American Express has entered into contracts that enable the Card to he accepted at certain federal government agencies and departments ("Agencies"). As with Cazd transactions at commercial establishments, when you choose to use your Card at an Agency, certain Charge information is necessarily collected by us. Charge information from Card transactions at Agencies maybe used for routine uses, such as processing Charges and payments, billing and collections activities and maybe aggregated for reportutg, analysis and marketing activities. Additional "routine uses' of Charge information by Agencies are published periodically in the Federal Register. t!otn-a t;::~ i't.ui u~t~ \utic~ FVe identify insurance providers and products that maybe of interest m you. In this role we may act on behalf of the insurance provider, as permitted by law. We receive compensation from insurance providers that may vary by pnnidrr and pnnluct. Also, we may receive additional compensation or financial benefit when AMEX Assurance Company or another American Express entity acts as the insurer or reinsurer for these products. The arrangements we have with providers, including the potential to insure or reinsure products, may aL:o influence what products and providers we identify. ~,-€lz~, Any notice given by us shall be deemed given when deposited in the Lt.S. mail, postage prepaid, addressed to you at the latest Billing Address :shown on our records. Chan •itz:; tiff. '+<rt~eceurni ,1 si~tuuent of this Agreement 41'e may change the terms of or add new teens to this Agreement at any time, in accordance with applicable law. We may apply any changed or new terms to any then-existing balances on your Account as well as to future balances. This written Agrrrmem is a final expression of the agreement between the creditor and the debtor and the written Agreement may nut be contradicted by evidence of any alleged oral agreement. We may also sell, transfer or assign this Agreement and the Account at any time without notice to }'ou. Yuu ma}' not selh assign or transfer your Account or any oC your obligations under this Agreement. Your Account may hr transferred to American Fxpress Centurion Services Corporation if your Account is in default under the terms oC this Agreement. as,-ign ri ~ t:; Ci.Att:~. [n the event vou dispute a Charge and we credit your Account for all or part of such disputed Charge. we automatically succeed to, and you arc automatically deemed to assign and transfer to us, any rights and claims (excluding tun claims) that you have, had or may have against any third party for an amount equal to the amount we credited m your Account. After we make sudt credit, you agar that without our consent you will not pursue any claim against or reimbursement from such third party lur the amount that we credited to your Account and that you will conprratr with us if we decide to pursue the third pam• for the amount credited. ~1pplical?le La„ This Agreement and your Account, and all questions about their legality, enforccabilit}' and interpretation, are governed by the Taws of the State of Utah (without rzgard to internal principles of conflicts of law), and by applicable federal law. We are located in Utah, hold your Account in Utah, and entered into this Agreement with you in Utah. AMERICAN EXPRESS CENTURION BANK To American Express Cardmembers In The United States and Its Territories 1''twr Biliiuy Rights ~ Feria this ~'atire for Puiure t:..e This notice contains important information about your rights and our responsibilities under the "Fair Credit Billing Act" Notify Us in Case of Errors or Questions About Your Account Statement If you think your statement is wrong or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address fur billing inquiries listed on your statement. Write to us as soon as possible. We must hear from you no later than (>(1 days after we sent you the First statement on which the error or problem appeazed. You can also telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and Account number. • The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. ICyou nerd more information, describe the item you are not sure about. If you have authorized us to pay your Account statement automatically from your savings, checking or other account, you can stop the payment on any amount you think is wrong. To stop the px}'ment your lever must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Rrcrive Your Written Notice We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either cornet the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you yucstion, or report you as delinquent. We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your credit line. Yuu do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in yucstion. If we find that we made a mistake on your statement vou will not have to 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 amounts. In either case, we will send you a statement of the amount you owe and the date that it is due. 1f you fail to pa}' the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report vou to that you have a yucstion about your statement, and we must tell you the name of anyone we repotted you to We must tell anyone we report you to that [he matter has been settled between us when it finally is. 1f we do not follow these rules, wr cannot collect the first $i0 of the questioned amount, even if your statement was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with the Card, and you have tried in good Caith to correA the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations to this right (a) Yuu must have made the purchase in your home state or, if not within your home state, within I00 miles of your currem mailing address; and (h) The purchase price must have been more than $50. These limitations do not apply if wr own or operate the merchant, or if we mailed you the advertisement for the property or services. Note for Ohio Residents: The Ohio Inws against discrimination require that nAcreditors make credit equally uvailable to al! creditworthy ~ ustomers, and that credit reporting agencies maintain separate reedit histories on each individual upon request. The Ohin Civil Rights Commission administers cnrnpliance with this low. Once you enroll in Pay By Computer, Pay By Phone or any other American Express Electronic Funds Transfer service (hereafter the'Pmgram'"), you will be subject to this Electronic Funds Transfer Agreement (the "EFT Agreement"). `,c~,px: of dl;rre•tuea;? This EFT Agreement covers your participation in the Program. In this EF'f Agreement, the words "you" and "your" relrr to the Basic Cardmember and also uulude all Additional Cardmembers who have enrolled in the Program. The words "we° "our" and "us" refer m American Express Travel Related Services Company, Inc The words "your American Express Accounts" refer to your card account governed by your Cardmember Agreement ("Card Account") or any other American Express Aaounts that we permit you to enroll in the Program. The words "your Rank Account" refer to the account held by a bank, securities lion or other financial institution from which payment will be made when you make trartsactions under the Program. The words "your bank" mean the bank, securities firm or other financial institution that holds your Bank Account. The words "other options" refer to electronic payment transfer options and/or other cash atxess that American Express may make available from time to time, including the option to pay your Account bill electronically using a computer, phone or other device. Your Account is governed by the Cardmember Agreement that is attached to this EFT Agreement. That agreement and the capitalized terms in it also apply here. Pas tztent tar <'asl; €rancaction. Each time you initiate a transaction under the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing house ("ACH") debit in your name on vour Rank Account, payable to us or to our agent, in the amount of the transaction. The amount of the transaction is the amount of the Account biR you paid or other funds transfer you authorized, plus any applicable fees or charges. We may charge a fee oC$38 for each check or ACH debit drawn by us or our agent in connection with the Program that is not honored upon first presentment subject to applicable law. Yuur bank may also assess its customary charge for such items, if any. IYt..hnnared Reyuc,ts foe Pas-merit.. If any check or AC}I debit drawn by us or our agent in connection with the Program is not honored byyour bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred w above, to the Card Account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you may have a sepazate agreement with us or with a participating bank, securities firm, ur other financial institution that allows a line of credit to be accessed in the event that your Rank Account contains insufficient funds to make payment to us. You should refer to the appropriate agrermem relating to that line of credit for the terms and conditions [ha[ govern its use. FDR 974950 frv::n pt. You must tell us AT ONCI it you believe a transaihon under the Program has been made without your authorization. Telephoning is the brsi way of minimizing possible losses. If a transaction was unauthorized, and within two days after }'ou (earn about it you notity us that the transaction was unauthorized, we will not hold you Kahle for drat transaction. In any event, even ifyou fail to notifv us, your liability foram' unauthorized transaction or series of related unauthorized transactions shall not exceed $>0. Il you believe that someone has transferred or may transfer money from your Bank Account without permission, calla-800-528-4800 (within U.S.) or 1-336-393-111 ] (outside U.S.) anytime, or write: American Express Credit Department, P0. Box 53830, Phoenix, Arizona 85072-3830. Our Liahii+e5 Beer 3nigzro,-n:r Ei:uaaiti:~r:, ar i'avroentn If a transaction is not completed as you have directed or if we do not complete a transfer to or fmm your Bank Aicount on time in the correct amount, we will research and correct it as necessary, once you advise us. We will also reimburse you fur your actual losses or damages, if any, caused by our error. }lowever, there are some exceptions. We will not be liable to you in the following instances: • if, through no fault of ours, your Bank Account does not or did not contain enough money to complete the transaction or the transfer 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 transaction; • it circmnstancrs beyond our control (such as lire or Oood) prevent or prevented the transaction, despite reasonable precautions that we have taken; • if a technical malfunction known to you prevented [he transaction: or any other exrepr.ions stated in this EF"f Agreement. Business Dar For purposes u( this FFT Agreement, our business days air Monday through Friday. holidays are nut included. ,(rb itratuur The Card Account is governed by the Cardmember Agreement contained herein- The Arbitration prm•ision contained within that agreement applies w this EFT Agreement. Please refer io that provision as you read this EFT Agreement. Priaacr F.ledronic funds transfers you initiate pursuant to this EFT Agreement are covered by the American Express Privacy Policy, a copy of which was given to you together with your American Express Card. "fo view our Privac}' Policy online, please visit americanexpress.com. 13oxc ke Cuptsd i ~ If for any reason you wish to contact us about the Program, about your participation in the Program, or about transactions relating to the Program, write or call us as follows: Address: American Express Travel Related Services Company, lnc, F.Iectronic Funds Services, P.O. Box 297815, Ft. Lauderdale, PL 33329-7815 or e-mail us by clicking nn the Customer Service link online at www.americanexpress.com. Telephone: I-800-CASH-NOW, 24 hours a day, seven days a week. in Case of trr:n; or £)viat.usy Ai3unl lour iYunsar tinro Write or fall us at lhr number or address given above as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt. We must hear from you nn later than 60 days after we sent you the FIRST statement on which the problem or error appeared. If you are delayed in comacting us due to extenuating circumstances (such as a hospital stay), w'e may extend this 60 days for a reasonable time. 1. fell us your name and Account number. '.. Describe the error or the transaction you aze unsure about, and explain as dearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. Il you tell us orally, we may reyuire that you send us your complaint or question in writing within ] 0 business days' from the date you notified us. We will tell you the results nl our investigation within 1D business days' after we hear from you and we will correct any error promptly. tf we need morn time, however, we may take up l0 45 calendaz days to investigate your complaint ur yuestion. ]f we decide to do this we will assure that your bank reaedits your Bank Account within 10 husiness days' for the amount }'ou think is in error, so that }'ou will have the use of the money during the time it takes us to complete our investigation. if we ask you to put your complaint or question in writing and we do not receive it within 10 business days' Following your oral notification, we may not recredit your Bank Account. If notification of an error is received within 30 calendar days after your Batik Account is opened, we will have 20 business days to provide you with the results of our investigation and correct any error, and 90 days to complete the investigation. If we determine that there was no error, we will send you a written explanation within three business days after we finish our investigation. Upon your request we will provide you with copies of the documents that we used in our investigation. If we have provisionally reaediled your Bank Account during [he investigation and determine [hat there was no error, we will notify you of the date on which we will redebit your Bank Account, and the amount to be debited. You authorize us or an agent to debit your Bank Aicount for this amount. You should make certain that your Rank Account contains sufficient funds to cover this debit If it does not, we have the right to charge such amount to the Account or to collect the amount from you. If this happens, we may camel }'our right to participate in the Program. Icrnrinatian We, or any bank or financial institution pazticipating in the Program, may add to or remove fmm the Program any or all ATMs or extend or limit the services provided at any location without notifying you beforehand. In addition, we may discontinue the Program at any time. Your right to participate in the Program will be terminated or suspended if the Card Account is cancelled or suspended, if you cancel the authorization you have given your bank to directly charge checks to your Bank Aicount, if the Bank Account from which payment will be made when you make transactions under the Program is closed to withdrawal transactions b}' us or our agents, if your participation in the Program is inactive for 18 consecutive months or more, or if the Card Acrount is no longer in good standing. ]n addition to the Foregoing, we may revoke your right to participate in the Program, at any time, at our sole discretion, with or without cause, subject to applicable law. II we do so, we will send you written notice, but we may not send you the notice until after the revocation. We also have the right to deny authorization for any requested transaction, at any time, at our sole discretion, with or without cause, and without giving you notice, subject to applicable law. You may terminate your participation in the Program but you must do so by writing to us at the address disclosed in the Section of this EFT Agreement entitled }Iow to Contact Us. Poor =!>?;rccrncni~ and As+lZ;nrnr•nh This EFT Agreement supercedes all prior agreements you may have with us relating to the Program. We have the right to assign this EFT Agreement to a subsidiary' or affiliate company at any time. AINER[CAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. \ute lire '~l assachtnctts Residrate General Disclosure Statement. Any doctrmentation provided to you which indicates that an electronic funds transfer was made shall be admissihle as evidence of such transfer and shall constitute prima facie proof that such transfer was made. The initiation by you of certain electronic funds transfers from your Bank Account will, except as otherwise provided in this EFT Agreement, effectively eliminate your ability to stop payment of the transfer. UNLESS OTHERWISE PROVIDED IN THIS EFT AGRF.F.MF.NT, YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUNDS TRANSFERS;THEREFORE,YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASFS OR SERViC.ES UNI,FSS 1'OU ARF, SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. Disclosure of Aicount Information to Third Parties. if you give us your written authorization to disclose information about you, your Aecountorthetransadionsthatyou makcto any person, that authorization shall autumaucally expire 45 days after we receive it. Optioml Limit on Obtaining Cash. You have the option to reyuest that we limit the total amount of rash that you may obl.ain from ATMs in a single day to $50. If you elect this option we will take all reasonable steps to comply with }'our request. 'For iNassachusetts residents: (0 ca(rndar days instead o~ husiness days. Program Ur.rritst u,n Return Protection offers you guaranteed product satisfaction on designated items purchased entirely with an eligihle American Express Card. If you try to return a designated item within 90 days from the date of purchase and the menhant wort t take it bark, American Express will refund the: full purchase price, up to $300 per item, excluding shipping and handling, and up to a tnaxitnum of $1,000 annually per Cardmember Amount. Ilow to Piir a itcturra Prutcit2~>o 1<cciuiat Once you have verified that the merchant will not accept the designated item, call 1-800 297-8019 within 90 days of the purchase date to notify us of your reyuest. Within 30 days Erom the date of your initial call, we nerd «t receive the following: Original store receipt • American Express Card record of charge • Any other items deemed reasonable by us to process your reyuest Once your reyurst has been approved, you will br instructed to send the purchased item to us within 30 days. Please keep a record of your shipping statement, as you will need to provide proof ofshipping m the event that your designated items are nut received. Yuu air responsible for the shipping and handling charges fur the item. The refund - up to $300 per item and up to a maximum of $ I,0(It} per Cardmember per year - will be reimhursed to you. f Iln ltafl(~R~ Purchases must be made in the United States and charged in full on your Card. A refund will not be paid if, on the date we receive your Rrlurn Protection Reyuesl, or on the date of would-be payment, any amount on your Card Aicount is past due for one or more billing ryde(s) or your Card is canceled. Refunds are limited to $300 per designated item, and $1,000 annually per Cardmember Aicount. The item must be in "like new" condition (ntrt visihly used or worn) and in working order to be eligible. An item is eligible if it may not he returned by the Cardmember to the merchant from which it was originally purchased. Any item purchased from a merchant that has an established return! satisfaction guarantee program which is greater than or eyual to the terms of Return Protection, and provides coverage for claim, will not be eligihle for a Return Protection Refund. Product rebates, discounts or money received fmm lowest price comparison programs will he deducted f}om the original cost of the item. The maximum you will be compensated will not exceed the manufacturer's suggested retail price. Items not eligible for a refund are: animals and living plants; one-uf-a-kind items (including antiques, artwork, and tuts); limited edition items; going-out-of-business sale items; consumable or perishable items with limited life spans (such as perfume, light bulbs, non rechargeable batteries); jewelry (including, but not limited to, loose gems, precious stones, metals, and pearls); watches; services and additional costs (such as installation charges, warranties, shipping, or memberships); rare and precious coins; used, altered, rebuilt and refurbished items; custom-built items, cellular phones: pagers; compact discs; digital video discs; mini discs; audiotapes; videotapes; computer software; firmware (such as cmtsole games, Nintendo, etc); maps; books of any kind; health care items (such as blood pressure machines and diabetes equipment); formal wear; tickets of any kind; motorized vehicles (such as Tars, trucks, motorcycles, boats, or airplanes) and [heir parts; land and buildings; firearms; ammunition; negotiable instruments (such as promissory notes, stamps and travelers checks); cash and its equivalent; and items permanently affixed to home, office, vehicles, etc., (such as garage dour openers, car alarms). FDR 974950 [f yuu have am questions regarding a Return Protection Request or the Return Protection program, please call our Customer Service Department at 1-R00-297-RDI9. The information below summarizes the terms and rnnduion.. of the Extended Warranty plan (Cormrrly the Buyer's Assurance Plan). Extended Warranty is underwritten by AMEX Assurance Company, Administrative Office, Green Bay. W 1. Coverage is determined by the terms, conditions, and exclusions of Policy AX0953 and is subject to change with notice. Phis document does not supplement or replace the Polly. Please callus at the number on back of your American Express Cazd for a complete copy of your terms and conditions. Extended Warranty will extend the terms of the original manufacturer's warranty for a period of time equal to the duration of the original manufactures s warranty, up to one (1) additional year (Centurion Cardmembers up to three (3}additional years) on warranties of five (5}years or less that are eligible in the United States of America. Ih.z npii+~n ~,~(Bcr?el~ita 6Vhere a loss has occurred during this plan's extended warranty time period of up to one (I) additional year (Centurion Cardmembers up to three (3) additional years), we will provide a benefit equal to the coverage of the original manulaaurer's warranty on warranties of up to five (5) years. \Ve will pay up to the actual amount charged to your account for the product for which a loss is claimed, but not to exceed S 10,060. If the product also is covered by a purchased service contract, this plan's extended warranty time period begins at the end of the service contract and extends the original manufacturer's warranty for a period of time eyual to that warranty, up to one (1) additional year (Centurion Cardmembers up to three (3) additional years). ll the combined coverage of the original manufacturer's warranty and the purchased service contract exceed five (5) years, the product purchased is not eligible under this plan and no coverage applies. Extended Warranty does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges. II coo experience more than one loss in a calendar year, we will pay an amount not to exceed $50,000 for all losses in a calendar year. Our benefit payment will not include any product rebates, discounts or money received from the lowest price comparison programs that reduced the original cos[ of the property. R ,~itt-.,,;~:. Benefits are not payahle if the loss fur which coverage is sought was directly of indirectly, wholly or partially, contributed to or caused by I. any physical damage, including, but not limited to, damage as a direct result of natural disaster or a power surge, except to the extent the original manufacturer's warranh~ rnvers such damage; 2. mechanical failure covered under product recall; or 3. fraud or abuse ur illegal attivit}' of any kind by the cardmember. The following are not covered: 1. products covered by an unconditional satisfaction guarantee; 2. motorized vehicles (including, but not limited to, passenger cars, trucks, motmn•cles, boats, airplanes) and their parts, subject to high risk, combustible, wear and [ear or mileage stipulations (including, but not limited to, batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mufflers); 3. motorized devices and their parts used for agriculture, landscaping, demolition or consVUCtion; 4. motorized devices and their parts which are permanent additions or tixtuns to a residential or commercial building; s. business fixtures, including, but not limited [o, air conditioners, refrigerators, heaters; 6. land or buildings; 7. consumable nr perishable items; R. animals or living plants; 9. more than one article in a pair ur set. Coverage will be limited to nu more titan the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 10. items still under installment billing; I1. additional service contract or extended warranty coverage fur a computer, computer component or part that you buy which already comes with an original United States of America manufacturer's warranty, unless such coverage is provided and administered by the original manufacturer; and 12. items purchased for resale, professional, or commercial use (this does not apply to OPEN Cardmembers). Excess Coverage If any loss under this policy is insured under anv other valid and collectible policy, then this policy shall lover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that [he amount of such loss is in excess of the amount of such other insurance which is payable or paid. Termination or Cancellation Coverage wit} cease on the earliest oCthe following: t. the date you no longer maintain a permanent residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. ~~irgin Islands; 2. the date we determine that yuu or someone on your brhalfintentionally misrepresented or baud occurred; 3. the date the policy is cancelled; 4. the date you arc no longer a cardmember; 5. the date your account ceases to be current and in good standing; or 6. [hr date the plan is not available in the location where yuu maintain a permanent residence. Termination or canatlation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the policy. The compan}' has dte right to cancel the policy at any time by sending a written notice at least forty five (45) days in advance to you at your last known address. The notice will include the reason for cancellation. Form tiumbars EW-DOC-CCSGl 02/07, EW-DOC-CCSG2 02/07, EN'- DOGOSBNI 02107, GW-DOC-OSBN202/07 apphcal>Ie tar iE esidcnte nt the State of assts Poem Number: PPlEW-RDRI-AK 06!07 Applicable fur Nestor rtt~ in [!2e S[ate> of :1a i_t,nu a~u; InJian;t Form Numbers: EW-IND-CCSG1 07/07, EW-IND-Cf.SG2 07/07. EW-IND-OSBN107J07, EW-IND-OSBN2 07!07 Applicable for Re>idrnt. ul €he State of Kcru uck; Form Number: PPlEW-RDRI-KY 05107-In the Termination or Cancellation section: The company has [he right to cancel the policy at any time by sending a written notice at least seventy-five (75) days in advance to you at your last known address. Applies!*1u (or Rcsiticrt~ of the itatc of f)kdahs,tn:x Form Number PP/EW-RDRI-OK 07107-The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim For the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. Applicshle Fnr ftesidrut. of the State of Ore};on Form Number EW-RDR]-OR 05/07-[n the Exclusions section the following is removed: 3. fraud or abuse or illegal activity of any kind by the cardmember, apnhatble for Resulrnts nY the Mate at S„o;f. ~ ~ Form Number: PP/EW-RDRI -SD 05107 applicabic tar ResidraG of the Sta€c of lira. Form Number: EW'-IND-TX 07107 Lpplieabie far Restdcnt. of the titate of y'crsnrrnt Form Number: PPlEW-RDRI-VT 05!07 Drsa~ip3ion of Cuvertgr Underwritten b}'AMEX Assurance Company, Administrative Office, 4R0 Pilgrim Way, Suite 1400, Green Bay, WI 54304 Purchase Protection provides coverage for Your purchases for ninety (90) days from the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.) t)efini[i,a ns Certain words used in this Description of Coverage arc capitalized throughout and have special meanings. Wherever used herein, the singular shall include the plurah the plural shall include the singular, as the context requires. Account means Your American Express Card Account. Cardmember means a person w•ho has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Covered Incident means the theft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gilt or for persona! or business use and charged to Your Account. C.ompaay means AMEX Assurance Company, and its duly authorized agents. Current and in Good Standing means a Cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payahle. 1laster Policyholder means American Express Travel Related Services Company, Inc. Permanent Residence means the one primary dwelling place where the Cardmember resides and to which they intend to return. Plan means the Policy and the benefits described therein. Platinum fardroember means a Cardmember who has a Platinum Charge Card (required to be paid in full monthly}, a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. Policy means the Group Insurance Master Policy (AX0951 issued to American Express Travel Related Services Compan}', loc.}. We, Us, Our means the Company. You, Your means the Cardmember. ~tt ~, 1'tpfi+~il )t t e;`,rl it^ We will pay You the expense charged to Your Account up to 51,000 for any one Covered [nccdent and up to $50,000 for all Cmered Incidents daring a calendar year. Purchase Protection provides benefits, fur ninety (90) days from the date of purchase, it a Covered Incident occurs with respect to property You purchased and charged to Your Account Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received from lowest price comparison programs that reduced the original cost of the property. Our payment of any eligible benefit amount is further contingent upon Your Atcount bring Current and in Good Standing. Only a Cardmember has a legal and equitable right to any insurance benetlt that may be available under this Plan. I'ectvsic,n< Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to ur caused bv. t war or amp act of war, whether declared or undeclared; _. any activity directly related to and occurring while in the service o(any armed military Corce of any nation state rerognizrd by the United Nations; ?. participation in a riot, civil disturbance, protest or im.urrection; i, vmlation of a rnminal law, oflrnse or infraction; natural disasters, including, but not limited to, hurricanes, hoods, tornados, earthyuakes or any other event in the course of nature, [hat occurs at the same time or in separate instances; ti, (rand or abuse or illegal activity of any kind by the Cardmember, confiscation by any governmental authority, public authority, or customs official; b. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; ;. not being reasonably safeguarded by You; t 0, thelt from baggage not caused by hand and under Your personal supervision or under the supervision of a traveling companion known by You; t i. damage through alteration (including, but not limited to, cutting, sawing and shaping); :i. nvrmal wear and tear, inherent product defector manufacturer's detects or normal course of play; 3 damage or theft while under the care and control of a common carrier; 14. food spoilage; or FDR 974950 t ; leaving property at an unoaupied construction site. For residents of Washington, the first paragraph of this section is removed and replaced with the following: We will nut pay for loss caused by any of the excluded events described below. Loss will be considered to have been caused by an excluded event if the occurrences o(that even( directly and solely results in loss, or initiates a sequence of events that result in loss, regardless of the nature of any intermediate or final event in that seyuence. Po rx bases Nn1 ( n e erti~d The following purchases are not covered: I . travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent; 2. animals or living plants; 3. rare stamps or coins; ~t. consumable or perishable items with )invited life spans (including, but not limited to, perfume, light bulbs, batteries); +. antique or perviously owned items; 6. motorized vehicles and watercraft, aircraft, and motorcycles or their motors, eyuipmem, parts or accessories; . stolen or damaged property consisting of articles in a pair or set. Coverage will he limited to nu more than the value of any particular part or parts, unless the articles are unusable individually and cannot he replaced individually, regardless of any special value they may have had as part of a set or collection; K. items purchased for resale, professional, or commercial use; `?. permanent household andlor business fixtures, including, but nut limited to, carpeting, Flouring andlor tile; t U. business lixtnres, including, but not limited to, air conditioners, refrigerators, heaters; and I i , hospital, medical and dental equipment and devices. t~ia tills ter VS3.i1~I1:t If You experience a loss for which You believe a benefit is payable under this Ylan, You must provide both Notice of Claim and Proof of Loss. To insure prompt processing of Your claim, report any theft or damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete. Notice of Claim Notice of Clatm should be provided to Us within thirty (30) days of the loss. Yuu may contact Us by calling toll-free stateside 1-800-322-1277 or, if from overseas, by calling collect 1-303-273-6498. You may also write to Us at Purdrase Protection, PO Box 402, Golden, C,O 80402-(M02. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may be found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide L's with Notice of Claim, We will assist You with Your Proof of Loss by providing Y"uu with instructions andlor documents, whidt You may have to complete and reWrn to Us. You are required to cooperate with Us and yrovide documentation as requested by Us which is reyuired and necessary to process four iaim and determine if benefits are payable. For residents of Missouri, nu claim will he denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us. Proof of Loss Proof of Loss rcyuires You to send Us all [hc information 1Ne request at Your expense, in order that Your claim maybe evaluated and that We may make a determination as to whether the claim may he paid. You must provide Us with satisfactory Proof oCLoss within thirty (30) days (for residents o(North IJakota sixty (60) days) after We have provided You with instructions and/or a claim form in response to Your Notice of Claim or Your daitn may be denied. Your Proof of Loss documentation may he mailed to L`s at the same address provided above for mailing Your Notice of Claim. We reserve the right to rcyuest all the information We deem necessary [o determine that Yuur claim is payable, and We will not consider that We have received complete Proof of Lnss umil the information We have reyuested is received. Proof of Loss map require documentation consisting of, but not necessarily limited to, the following: €, a Purchase Protection Claim Form; 2, the original itemized unrc receipt; 3. the insurance declaration turnu tut Your other sources of insurance or indemnity (r.g, homeowner's or renter's insurance); t. a photograph of andlor repair estimate for the damaged property; and For theft and vandalism claims, a report regarding the stolen or vandalized property must be Tiled with the appropriate authority before You call to file a claim under Purchase Protection. No payment will be made on claims not substantiated in the manner required by Us. If all reyuired documentation is not received within thirty (30} days (for residents of North Dakota sixty (60) days) of the date of the Covered Incident (except Eor documentation which has not been furnished for reasons beyond Your control), coverage may be denied. It is Your responsibility to provide all reyuired documentation We request. You maybe required to send in the damaged property at Your expense for further evaluation of Your claim. If requested, Yuu must send in the damaged property within thirty (30) days (for residents of North Dakota sixty (GO) days) from the date of Our rcyuest to remain eligible for coverage. Payment of Claim A claim for benefits yrovided by this Plan will be paid upon Our receipt and review o(Your complete Proof of Loss documentation and Our determination that a claim is payable according [o the terms of the Plan. Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment [f other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and GVe will pay only that portion of the Covered Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section. genera{ Drurisintt~ Change of Permanent Residence 1(the change is to a different state, Your Policy provisions may be adjusted to conform to the rcyuirements of that state. Clerical Error A clerical error made by the Company will not invalidate insurance otherwise validly in force our continue insurance not validly in force. Conformity with State and Federal Law If a Plan provision does not conform to applicable provisions of State or Federal law, the Plan is hereby amended to comply with such law. Entree Contract; Representation; Change This Description of Coverage, the Policy and any applications, endorsements or riders make up the entire contract. Any statement You make is a representation and not a warranty. This Description of foverage may be dtanged a[ any time by written agreement between the Master Policyholder and the Company. Only the President, Vice- President or Secretary of AMEX Assurance Company may change or waive the provisions of the Description of Coverage. Nn agent or other person may change the Description of Coverage or waive any of its terms. This Description of Coverage maybe changed at any time by providing notice to Ybu. A copy of the Polity will he maintained and kept by the Master Policyholder and may be examined at any time. F,xcess Coverage If any loss under this Policy is insured under any other valid and collectible policy, then this Policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid. Fraud IC any rcyuest for benefits made under the Plan is determined to be fraudulent or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will hr fitrfeited. 1Ve du no[ provide coverage to a Cardmember who, whether before or after a loss, has: I. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the in[enl to deceive; or 2. concealed or misrepresented any fact if the fact misrepresented contributes to the loss. Legal Actions No legal action may be brought ro recover against this Plan until sixty (6U) days after Proof of Loss has been received by Us. No such action may be brought after three (3) }'cars ([or residents of Arkansas five (5) years and residents of Missouri ten (10) years) Crom the time wriurn Proof of Loss is reyuired to be given. If a time limit of this Plan is less than allowed by the laws of the state where You five, the limit is extended to meet the minimum time allowed by such law. Right of Recmery If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shag hold intrust for Us the proceeds of the recovery and reimburse Us to the extent of Our payment. If Our payments exceed the maximum unount payable under the benefits of this Plan, We have the right to recover from You any amount exceeding the maximum amount payable. Subrogation In the event oFany payment under this Policy, We shall he subrogated to the extent of such pa}'ment to aB Your rights of recovery. You shall execute all papers reyuired and shall do everything necessazy to secure and preserve such rights, including the execution of such documents necessary to enable Us to effectively bring suit or otherwise pursue subrogation rights in ('our name. You shall do nothing to prejudice such subrogation rights. We shall be entitled to a rewvery as stated in these provisions only after You have been fully compensated fur daznages by another party. For residents of Louisiana, the Right of Recovery, Subrogation and Excess Coverage sections are revised to reflect: If the Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogated to that right. However, the Company's right to recover is subordinate to the Cudmembers right to be fully compensated. Termination or Cancellation Coverage will cease on the earliest of the following: 1. the date You no longer maintain a Permanent Residence in the 50 United States of America, the District of folumhia, Puerto Rico or the U.S. Virgin Islands; 2. the date We determine that You or sorneone on Your behalf intentionally misrepresented or fraud oaurred; 3. the date the Policy is cancelled; 4. the date You are no longer a Cardmember; 5. the date Your Account ceases to remain Current and in Good Standing: or b. the date the Plan is not available in the location where y'ou maintain a Permanent Residence. 'permination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms oC the Policy. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. Thr notice will include the reason for cancellation. ituptrrtant Adclhinrrai tntorrnatian t4ir Fnu For Ihose eligible and enrolled in the Membership Rewards" program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to anon-eligible Cardmember or note Cardmembers. "this Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection. This Description of Coverage is an important document Please read it and keep i[ in a safe place. FDR 974950 IN WITNESS 4YIIEREOF, W"e have caused this Description of Coverage tube signed by Our utficers. V ~ w . I1- n'~A.U--.. . Joy A.1lanson, Prusidcnt John b1- Collins, Secretary A41EX Assurance Company Ah1F,X Assurance Cwnpany PP-DOC-CCSG 1 0210' Applie:rblr t„r E;r..:dn,t• ,.` , ,<. '+[aic at tt.'!sl~,ckx In the Termination or Cancellation section the following is removed: The Company has the right to cancel [he Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The Compam' has the right to cancel the Policy at an}'time by sending a written notice at least seventy-five (75} days in advance to You at Your last known address. The notice will include the reason for cancellation. PPlEW-RDRI-KY' 05107 ,~ppticablr tear Rc~id,,n{.•+r3 t,x~Statc of ilrcLou [n the Exclusions section the following are removed: 4. violation of a criminal law, offense or infraction; 6. fraud or abuse or illegal activity of any kind by the Cardmemher; The Proof of Loss section is hereby removed in its entirety and replaced with the lirllowing Proof of Loss Proof of Lass require, You tv send Us all the information We request, at 2'our expense, in order that Your claim maybe evaluated and that We may make a determination as to whether the claim maybe paid. You must provide Us with satisfactory Proof of Loss within ninety (90) days after We have provided You with instructions and/or a claim form in response to Yvur Nvuce of Claim or four claim may be denied. Tour Proof of Loss documentation may he mailed to L's a[ the same address provided above for mailing Your Notice of Claim. We reserve the right to request all the information We deem necessary to determine that Your claim is payable, and We will nut consider that We have received complete Proof of Loss until the information We hare rcyucsted is received. Proof of Loss may require documentation consisting of, but nut necessarily limited tu, the following: I. Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Yvur other sources of insurance or indemnity (r.g., 6omrowmi s err rcntri s insurance); 4. a photograph of and/or repair estimate for the damaged property; and ii. or theft and vandalism claims, a report regarding the stolen yr vandalized property must he filed with the appropriate authorit}' before You call to file a claim under Purchase Pn.NecGun. No paymtent will he made on claims not substantiated in the manner required by Us. If all required documentation is not received within ninety (90) days of the date of the Covered Incident (except for documentation which has nut been furnished for reasons beyond Your control). cmerage may be denied. It is four responsibility to provide all required documentation We request. You maybe required to send in the damaged yroyerty at Your expense for Further evaluation of Your claim. If requested, You must send in the damaged property within ninety (90} days from the- date oCOur request to remain eligible fur coverage. PP-RDR I -OR OS/07 1pph.eblr f<n ~ kt~tttc u4 t6~ it:+te ui la,rti, Dakota The Legal Actions section is hereby removed in its entirety and replaced with the following: Legal Actions No legal action may he brought to recover against this Plan until sixty (60) days after Proof of Loss has been received by Us. No such action may be brought after six (()years from the time Proo(of Loss is required ro be given. PP/F.\V-RDR I -SD 05 t0 'tl t ii--rleir Gr } ~„iii: niE [ rlu- i[x[~ f to natri In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notuc at least forty five (45) days in advance to You at Your last knmvn address. The notice will include the reason for cancellation. ,4nd replaced widt the following: 'The Company has the right hr cancel the Policy by sending a written notice at least forty five (45) days ut advance to You at Your last known address. The notice will include the reason for cancellation. PP/EW-RDRI -VT 05107 !}r}rliaubir lx,r Rvaivii~n~e of 4h .is ~a.llasV.a The opening paragraph in the Exclusion section is removed in its entirety and replaced w•i[h the following which is added and made part of the Description of Coverage: '1'hesr exclusions do not apply if the dominate cause of a loss is a risk or peril that is not otherwise excluded. Benefits are not yayable if the loss (or which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused bv: The Legal Actions section is hereby removed in its entirety and replaced with the following which is added and made part of the Description of Coverage Legal Actions No legal action may be brought to recover against [his Plan until sixty (60) days after Proof of Lvss has been received by Us. No such action may be brought after three (3}years from the time Prooi of Loss is required to be given. If there are any claims the three year timeframe does not begin to run until after the claim has been denied. PP/E1V-RURI-AK 06107 .l;ola]i<ai:~ie for Resid ent+ of the Staie,~t Okla2rnma The Following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, deliaud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any Ealse, incomplete or misleading information is guilty of a felony. PP/E W-RDR I -OK 07107 tlrs=~ ¢alinv; irsg Torn, atrtnzf~crs ,:r~ ap{~hctblc to rc,idcnts to YSrc cal Io ~+ utg +t ates~ Arizona and Indiana, Form Numbers: PP-IND-CCSGI 07/07, PP-IND-CCSG2 07/07, PP-INll-OSBN1 D7/07, PP-1ND- OSBN2 07!07 Texas, Form Number: PP-IND-TX 07/07 Travel Accident Insurance is underwritten by AMEX Assurance Company, Administrative Office, Green Bay, Wt- Coverage is determined by the terms, conditions, and exclusions of Policy AX0948 and is subject m change with notice to you. This document does not supplement or replace the Policy. Please call us at the number at 1-800-437-9209 for a complete copy of your terms and conditions or if you need to file a claim. Travel Accident Insurance provides accidental death and dismemberment insurance while traveling on a Common Carrier Conveyance (plane, train, helicopter, ship, or bus) when the entire fare has been charged tv the Card. As a benefit of Cardmembership, the Covered Person will receive a benefit level of coverage depending on the type of American F,xpress Card aceount to which the entire fare for the Common Carrier Conveyance was charged Cur the covered trip. Covered Persons include the basic Cardmemher, each additional Cardmemher, and each nE these C.ardmember's spouses or domestic partners and dependent children under 23 years of age. All Covered Persons must have a permanent residence within the 50 United States of.4merican or the District of Columba. All other persons are nut Covered Persons under the Policy. The capitalized terms used herein shall have the meaning assigned to such terms in the Policy. Please note that certain terms contained in this summary are defined within the full policy document. T}escripiion of Brnriir. Accidental Death and Acudental Dismemberment. The Plan provides coverage for accidental death and dismemberment due to a loss from an injury while coverage is in force under the Puliry but wily it such loss occurs within 100 days after the date of the accident which caused the injury. if more than one loss is sustained, benefits will be paid for the greatestioss. BenrGts arc paid according to the following schedule: • Loss of Life - 100°ra • Loss of both hands or both fret - I00°., • Loss of one hand and une foot I OO~u • Loss of entire sight of both eyes 1 Woo • Loss nl entire sigh) of one rye and one hand ur one foot - ]00°ro • Loss of one hand or one foot - 509v • Loss of the entire sight of une eve - 50ib. Common Carrier Benefit. This benefit is payable if the Covered Person sustains accidental death nr dismemberment as a result of an accident which occurs while riding solely as a passenger in, or boarding, ur alightLtg from, or being struck by a Common Carrier Conveyance nn a covered trip. Exposure and Disappearance. if the Covered Person is unavoidably exposed to the elements because of an aaidrnt nn a covered trip which results in the disappearance, sinking or wrecking of the common carrier conveyance, and if as a result of such exposure, the Covered Person .coffers a loss for which benefits are otherwise payable under the Policy, such loss will be covered under the Policy; if the Ctrvrred Person's body has not been found within 52 weeks after the date of such aaident, it will be presumed, subject m there being nu evidence to the contrary, that the Covered Person suffered loss of Ii(e as a result of injury covered by the Policy iSenclu Tara The Basic Cardmemher may designate a beneficiary or change a previously designated beneficiary for himself or herself and his or her spouse or domestic partner and dependent children who are not Additional Cardmembers. An Additional Cardmemher may designate a beneficiary or drangr a previously designated beneficiary for himself or herselfand his or her spouse or domestic partner and dependent children who are not also the Basic Cardmemher, the Rasic Cardmembers spouse or domestic partner or children, or Additional Cardmembers. ICno beneficiary is designated benefits will be paid to the surviving person or equally to the surviving persons in the first of the following classes: spouse or domestic partner, children, equally per stirpes; and the rstate- i,x:lt1A}f)t34 The Policy contains the following exclusions: • suicide orself-destruction or am' attempt thereat, while sane or insane; intentionally self-inflicted injury. suicide or any attempt thereat, while sane • war or any act of war whether declared or undeclared; however, any act committed by an agent of any government, patty, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting secretly and nut in cwmection with any operation of armed forces (whether military, naval or air forces) in the country where the injury on:urs shall not hr deemed an act oCwar • injury to which a contributory cause was the commission of or attempt to commit an illegal act by or un behalf ut the Covered Person or hislher beneficiaries • injury received while serving as an operator or crew member of any conveyance • injury received while driving, riding as a passenger in, boarding or alighting from a rental vehicle • injury received during or as a result of commutation • sickness, physical or mental infirmity, pregttancy, or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of an injury. '1e.-rninaiimr ar f'anteilaua,r: Coverage under the Puliry will cease un the earliest of the following: • the date the Covered Person nu longer maintains a permanent residence in the SO United States ofAmerica or the District of Columbia • the date we determine that the Covered Person ur someone on the Covered Persons' behah intentionaly misrepresented or fraud occurred • the date the policy is cancelled • the date the basic Cardmembers account ceases to remain current and in good standing • the date the Plan is not available in the location where the Covered Person maintains a permanent residence. The Company has the right to cancel the Policy at any time by sending a written notice at least forty live (45) days in FDR 974950 advance to you at your last known address. The notice will include the reason for cancellation. Form Numbers: TAI-DOC 03/(17 Forms in addition to those listed above are also applicable to residents in the following states: Connecticut, Form Number: TAI-RDRI-Cf 03!07 Illinois, Form Number: TAI-RDRI-IL 03/07 Kansas, Form Number TAI-RDRI-KS 03!07 Maine, Form Number:'fAl-ADRI-ME 03/07 Minnesota, Form Number: TAI-RDRI-MN 03/07. In the F,xdusions section the following replaces the exclusion regarding illegal acts: injury in which a contributory cause was the commission of or attempt to commit a felony by or on behalf of the Covered Person or his beneficiaries. Nevada, Form Number: TAI-RDRI-NV 03/07. In the Termination and Cancellation section the lorry five (45) day advance written notice is replaced by a sixty (W) day advance written notice. New York, Form Number TAI-RDRI-NY 03/07. Covered Persons does not include language requiring a permanent residence within the SO Unilyd States of American or the District of Columbia. The following replaces the exclusions found in the Exclusion section: • suicide, attempted suicide or intentionally Belt-inflicted injury • vrar or any act of war, whether declared or undeclared; participation in a felony, riot or insurrection; servile in the Armed Forces or units auxiliary thereto • injury in which a contributing cause was the Covered Person's commission of or attempt to commit a felom- or to which a contributing cause was the Covered Person's being engaged in an illegal occupation . sickness, except for an infection that was the result ul an Injury • mental or emotional disorder • pregnancy, except complications of pregnancy and except to the extent coverage is reyuired pursuant to Section 3221 of the New York Insurance Law • the consequence of the Cmered Person's being intoxicated or under the inlluence of any narcotic unless administered on the advice of a physician. In the Termination and Cancellation section the following is removed in its entirety: the date the Covered Person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia. In the Termination and Cancellation section the following replaces the language regarding misrepresentation or fraud: the dale we determine that the Covered Person or someone nn the Covered Persons' behalf intentionally misrepresented or fraud oaurred in a written instrument signed by the Covered Person. North Carolina, Form Number: TAI-RDRI -NC 03/07 Oklahoma, Furm Number: TAI-RllKI-OK 03107. In the Exclusions section the folbcving replaces the exclusion regarding war: war or act of war, declared or undeclared, while serving in the military service or any auxiliary unit attached thereto. Texas, Form Number'I~AI-RDRI-'I'X 03!0'7. Covered Persons include dependent children under 25 years of age who arc stepchildren; adopted or x party to a suit to be adopted children; grandchildren who are unmarried and dependent on the Cardmember for tax purposes at the time the application for coverage is made; and physically or mentally handicapped children who are unmarried, cannot self-support themselves, and are beyond the termination age. Vermont, Form Number TAI-RDRI-VT 03/07. In the Exclusions section the following replaces the exclusion regarding suicide: suicide orself-destruction or any attempt thereat, while sane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane. In the Exclusions section the following replaces the exclusion regarding specific conditions: sickness, physical infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of an injury. trey ... E sxr ^afir Car Rental Loss and Damage Insurance provides the Cardmember, if the Cardmenther is the primary renter, (as defined blow) with insurance coverage for damage to or theft of most Rental Autos when the Cardmember uses the Card (as described below) to reserve and pay for an aura rental from any Commercal Car Rental Company ("Rental Company°) other than those located in Australia, Ireland, Israel, holy, Jamaica, and New 7.ealand.' This coverage is always excess insurance. Rental Auto means alour-wheeled, two-axle passenger- type motor vehicle, designed for and sold to accommodate pritate passenger transport on public roads. 4Fhe u. Fbgiblr fur Cuvt:raut. You are eligible for coverage if: t. You are a Basic or Additional Cardmember and an American Express' Card or Optima' Card in association with that Card (the "Card°) has been issued to you in your name; '. You art of an account status and class that is provided Car Rental Loss and Damage Insurance as a benefit of Cardmembership ("Cardmember"); 3. Your Card account is billed from a U.S. operating center in U.S. dollars; and t. You maintain your Permanent Residence within the ;0 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Permanent Residence means the Covered Person's one primary dwelling place where [he Covered Person permanently resides and intends to return. A Personal, Gold, or Rewards Plus Gold Cardmember who is enrolled at an accredited four-year college, university or graduate school in the United States and is receiving studem benefits provided as a benefit of Cardmembership is not eligible for benefits under this Policy. Commercial Caz Rental Company or Car Rental Company means any commercial car rental agency which rents Rental Autos.' For the purposes o(this Description of Coverage, Commercial far Rental rnmpany means "Rental Company" flow to activate E"m~cragc Coverage for theft of or damage to a Rental Auto is activated when the Cardmcmber' I. presents his or her eligible Card to the Rental Company to reserve the Rental Auto by making a reservation; or by placing a hold or deposit at the time the Rental Autu is checked out; ?. declines the full Collision Damage Waiver or similar option (CDW), orpays fur a partial collision damage waiver. offered by the Rental Company; 3. is the primary renter, which is defined as the Cardmember, who is named on the written agreement with the Rental Company as [he person renting and taking control and possession of the Rental Autu ("Primary Renter"); and 4. uses the Card to pay for the entire auto rental from the Rental Company at the time o(vehide return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cardmember, who is physically challenged and unable m operate the Rental Aulo, may be the Primary Renter if helshc is the Cardmember entering into the rental transaction. Lv'hen Coverage "lenninatc~ Coverage for theft of or damage to the Rental Autn terminates when: d. the Rental Company resumes control of the Rental Auto, or 30 consecutive days after the Rental Auto was checked out, whichever is earlier; or '. the Policy is cancelled. Length of Coverage Car Rental Luss and Damage Insurance covers eligible Rental Autos when rented under a written rental agreement from a Rental Company for nu more than 30 wnsecutive days. Note: Itt no event shat! coverage be provided when the Cardmember rents a Renial Auto beyond 30 consecutive days from the same Rental Company, regardless ofwhether the original agreement is extettdrd, nr a new written agreement is entered into, or a new vehicle is rented. Additionally, no coverage will be provided when the Primary Renter rents a Rental Auto for more than 30 consecutive days out of a 4S-day period within the same geographic market/location (75 mile radius). 1#'bat is Crrecred Car Rental Loss and Damage Insurance reimburses a Cardmember Cor payments [or damage to or theft of a Rental Auto that the Cardmcmber is required to make, up to the lesser of: I) the actual cost to repair the Rental Autu, 2) the wholesale Book value minus salvage and depreciation costs, or 3) the purchase invoice price of the Rental Auto minus salvage and depreciation rost5. The coverage also reimburses the Cardmcmber for reasonable charges (those charges incurred at the closest facility that are usual and customary in the vicinity in which the loss or disablement took place) imposed by the Rental Company, such as towing or storage and Loss of Use. Loss of Use means the unavailability of a Rental Auto and consequent loss nl revenue by the Rental Company due to damage or theft. Unless otherwise required by law, the Rental Company must submit a Meet utilization log indicating that during such time: 7. no other Rental Auto was available; and '. there was a demand for a Rental Auto. Car Rental Loss and Damage Insurance covers no other type of loss. For example, in the event of a collision involving the Cardmember's Rental Auto, damage to any other driver's car or the injury o(anyone or anything is not covered. Note: This policy does not provide liability nr any other coverage suite us Uninsured Motorists, benefits under any Worker's Compensation law, Disability benefits law nr other mandated Government Plans. vlbat P.cre+sCorerage Lieans' Car Renial Loss and Damage Insurance is an excess insurance plan. This means that this excess coverage will reimburse the Cardmember only for losses/expenses not mvrred by plans, such as a partial collision damage waiver, any personal auto insurance, employer c auto insurance or reimbursement plan or other sources of insurance. When these outer plans apply, a Cardmember must first seek payment or reimbursement and receive a determination based on the stated terms of such other Plans, that any such Plans do not provide coverage before this excess coverage will reimburse the Cardmember. 1i hides \at Cnvrrcd Car Rental Loss and Damage Insurance does not cover rentals of: ? . expensive cazs, which means cars with an original manufacturer's suggested retail price of $50,000 or more when new; exotic cars regardless of year or value, including but not limited to Chevrolet Corvette, Toyota Supra, Mazda RX-7, Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 GT, Nissan 300 ZX, Jaguar X)S, Acura NSX, Mercedes SL, SLK, S Coupe and E320 Coupe and Convertible, BMW M3, Z3 and 3 Series, Cadillac Allante and all Porsche, Ferrari, Lamborghini, Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra, Bentley, Rolls Royce; ?. trucks, pick-ups, cargo vans, custom vans; i. full-sized vans, including but not limited to, Ford Econoline or Club Wagon, Chevy Van or Sportvan, GMC Vandura and Rally, Dodge Ram Vans and Ram Wagon; ~. vehicles which have been customized or modified from the manuCacturer's factory specifications except for driver's assistance equipment for the physically challenged; 5. vehicles used for hire or commercial purposes; mini-vans used for commercial hire; Note: Passenger,bfini-Pans (not Cargo Mini-Pans} with (actory specified seating capacity of A passengers nr less, including but not limited to, Dodge Caravan, Plymouth Voyager, Ford Windstar and Nissan Quest, are covered when rented for persona! nr business use only. 8. antique cazs, which means rays that are 20 years old or have not been manufactured for 10 or more years; 9. limousines; i it. full-sized sport utility vehicles, including but not limited to, Chevrolet/GMC Suburban,'1'ahce and Yukon, Ford Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus LX450, Range Rover or full-sized Ford Bronco; t t. sport/utility vehicles when driven "off-road": and Note: Compact sportiutility vehicles, including but not limited to Ford Explorer, /eep Grand Cherokee, Nissmt Pathfinder, Toyota Four Runner, Chevrolet Blazer and /cuzu Trooper and Rodeo are covered when driven on paved roads. ! w. off-road vehicles, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any other vehicle which is not a Rental Auto. FDR 974950 ! st,se. Ao? (arc: e~ Car Rental Loss and Damage Insurance dues nut cover losses caused by or contributed to hy: t. operation of the Rental Auto in violation o(the terms and conditions of the Rental Company agreement (including but not limited to losses occurring when: a person not permitted to operate the vehicle pursuant to terms of the rental agreement was in possession or control of the vehicle; or, driving the vehicle outside of the authorized rental territory): <. leased or mini-leased vehicles; 3. costs attributed to [he Commercial C.ar Rental Company's normal course oFdoingbusiness; t. imentional damage; ~. illegal activity, such as losses where the Rental Auto was used for, or involved in illegal activity or felony; 6. pre-existingeonditions. damage ordrfect; alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; ?. voluntarily taking any drug or acting under the influence or effect of that drug (unless taken as prescribed or administered by a Docmr); 9. war or military activity; 10. radioactivity; t t, confiscation by authority; t 2. wear and teaz, including gradual deterioration: t 3. damage which is due and confined to freezing, mechanical or electrical breakdown or failure unless such damage results from a theft covered by the Policy; 1 i. Cailure ro return keys to the Rental Company when the vehicle is stolen; 15. theft or damage to unsecured vehicles; t t,. theft of or damage to tires (flats or blowouts), unless damaged by fire, malicious mischief, vandalism, or stolen, unless the Toss is coincident with and from the same cause as other loss covered by tlrz Policy; and I ; .off-road operation of the vehicle. Car Rental Loss and Damage Insurance does not cover, and hcnefits will not he paid Eor t . sales tax related to repair of damages, unless reimbursemem of such sales tax is required by law; Z. damage to any vehicle other than the Rental Autn; s. damage to any property other than the Rental Auto, owner's property. or items not permanently attached to [he Rental Auto; t. the utjury of anyone ur anything; expenses assumed, waived or paid for by the Rental Company or its insurer; f . expenses covered by the Cardmembers personal auto insurer, employer or employer's insurer, or authorized driver's insurer: value added tax or similar tax, unless nimhursement of such tax is reyuired by law; S. diminishmem ofvalue; ~r. any Rental Auto used for hire or commercial purposes; and all. depreciation, unless reimbursement for depreciation is reyuired bylaw. }t{rir to ;'sic a (-fdl eta Notification of damage, indudingvandalism, theft, or an accident must be reported to the appropriate law enforcement agency as soon as reasonably possible. 'This requirement applies regardless of whether the Rental Auto is involved with other vehicles. Failure to notify may result in denial of benefits. If a loss occurs, a Cardmember should promptly notify the Car Rental Loss and Damage Claims Uni[ toll free at (800) 338-1670 in the U. S. only or call (440) 914-2950 from other locations worldwide. II the failure of a Cardmember to promptly report a Iuss prejudices the rights of the Insurer, the claim may be denied. A representative will answer any questions a Cardmember may have and will send the Cardmember a claim form with instructions. Complete and sign the claim loan. Writ4n prool of loss, which includes the claim form and all other requested documentation (listed below), must be received within 60 days fi>Ilowing the date of the damage or theft by: American Express Car Rental Loss and Damage Claims Unit, PO Box, 94729, Cleveland, Ohio 44101-4729. If the proof o[loss and other documentation is not received within 60 days of the date of Iuss, coverage may bedenied- Reyuired documentation may consist of, but is not limited our signed and completed claim hirm; an itemized repair bill; a copy of charge slip for the rental of the Rental Auto, Rental Autn contract or machine generated receipt to show rental ryas charged and paid fur with an American Express Card; 8. a police report (if applicahle); photos olthe damaged vehicle, if available; 6. a copy of the Cazdmember's, authorized driver's or employers auto insurance coverage, nr a notarized letter stating no insurance; -, a copy o(all claim documents and correspondence, provided by the Car Rental Company; x. a copy of the Rental Company's utilization tog; i. a copv of the driver's license of the Cardmember and/or authorized driver, unless the driver's license number shows on the rental agreement; t ir, a copy of the written rental agreement, front and back, which documents when the Rental Auto was checked out and checked in; and I i .information pertaining to other available insurance aweragr(s). Cardmember cooperation with issues related to their benefits is reyuired. If all required documentation is not received within I80 days of the date of loss (except for documentation which has not been furnished for reasons beyond the Cardmemberss control), coverage may be denied. ft~rx tenefts are Paid .All Car Rental Loss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember; except that payment may he made, at the discretion of the ]nsurer, jointly to the Cardmember and the Commercial Car Rental Company when dre Car Rental Company has not been reimbursed for the covered loss or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company nr any other party. Note: Benefits will not be paid i(, on the date of Joss, un the dote ojduim filing, or on the date of potential claim payment, art}'amount due nn Ynur Card account is past due or Your Card is auuetled' Si i~yhl ~ n1 liccu~ c•rr In the event of a payment under this Policy, the Insurer is entitled to all the rights of recovery that the Cardmember, to whom payment was made, has against another That Cardmember 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 Iuss to harm the Insurer's rights. When a Cardmember or Commercial Car Rental Company has been paid damages under Policy No. AX0925, and also recovers from another, the amount recovered from the other shall be held by that Cardmember or Commercial Car Rental Company in oust for the Insurer and reimbursed to the extent of the Insurers payment. .As a condition precedent to coverage, the Cardmember is required, and has a duty to fully cooperate with the Insurer in any investigations, subrogation matters or legal proceedings by providing copies of any and all legal notices and any and all statements, including sworn statements and contributing any other papers and documents to reasonably assist in the disposition of the legal matter. \nttlicaE i<m nt Leda[ Action When a Cardmember is served with suit and/or summons papers relating to a Car Rental Loss and Damage claim, the Cardmember must notify (see address and phone number under Claims Notice section) and provide copies of the suitor summons papers to the Car Rental Loss and Damage claims unit within I i days otwhen the Cardmember is served. Failure to comply may result in denial ofbenefits. „dditiotsal Inf,7+~ar,rtiau for)'ntr This coverage is underwritten by AMEX Assurance Company ("Insm~er") through insurance Policy AX0925 (the "Policy")issued to American Express Travel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensees. The Policy may be changed or terminated. This Description of Coverage is an important document. Please keep it in a safe place. Although it describes the present Corm of insurance as it exists at the time of printing, this document is not the Policy or contract of insurance. The benefits described in this document are subject to all of the terms, conditions and exclusions of the Policy issued by the underwriter. This document replaces any prior Description of Coverage under the Polity which may have been furnished to the Cardmember. j ,ti Joy A. I Janson, President John M. Collins, Secretary Ar\1EX Assurance Company AMEX Assurance Company CIILDI-DOC-CCSG 11/OS t. Far those eligible and enrol[ed in Membership Rewards, f a Membership Rewards redemption cress jirate is used, coverage is provided only to RentnlAutos rented in the United States. 2. When used in conjunction with a Membership Rewards redemption certif irate, the participat ing Car Rental Companies are limited to Hertz, Natinnaland Budget. 3. If eligible and enrolled in Membership Rewards, coverage is also activated when the Cardmember (1) presents a Membership Rewords redemption mrtifirate and (2) uses a Membership Rewards redemption certificate at a participating Commercial Car Rental Company. lmportart note far those enrolled in Membership Rewards: A Membership Rewards redemption certificate can only be redeemed by eligible Cardmembers. Benefits will not be paid when a bembership Rewards redemption rertificate has been transferred to non-eligible Cardmembers and/or non-Cardmembers. 4. Does not app/}' to New York State residents. Adelitional Infin ntatinn fur Residers€~ ai Luui~iana Thr Rights of Recovery section is replaced with the foI lowing: If the Company makes any payment under this Polity and the Cardmember has the right to recover damagts from another, the Company shalt be subrogated to that right. However, the Company's right to recover is subordinate to the Cardmembers right ro he fully compensated. CRLDI-RDRI-LA I1/OS 3rldidsma! irzl+>z..._ <<e•4idx-arts of Knuth D.~rrte Under Losses Not Covered, item number 5. is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: ~. violation of criminal law, or commission of a criminal act, whether cited or charged; Under Losses Not Covered, item number 7. is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: -. consumption of alcohol at or in excess of the Irgal blood alcohol level for a felony conviction in the state or locality in which the Accident occurred.. CRLDI-RDRI-SD 11/OS Atlditiunal IiYfnrEl`atlOit Pnr ft~.~sidentn of Yrrmnrrt Under losses Not C.mered, the following item is hereby removed: -. alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; CRLDI-RDRI-VT 11/05 Addsliunal hrlirrrtaa[irsn ku' R~sidenh of Wisevnsin Under Losses Not Covered, the following items are hereby removed: ~. illegal activity, such as losses where the Rental Auto was used for, or involved in illegal activity or felon}'; ?. alcohol intoxication on the part ofthe driver, as defined in the state where the Accident oaurred; S. voluntarily taking any drug or acting under the influence or effect of that drug (unless taken as prescribed or administered by a Doctor); Under Losses Not Covered, the following item is added: i A. Thr use of the Rental Auto for unlawful purposes, or (or transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled suhstance analog, or a combination thereof, or under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined inFluence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner. CRLDI-RDRI-Wit [/OS eldditiurei ha(urtttatmr fire Ae+ir3ent+ef IM'est 1'irgLua Linder How Benefits are Paid, the Footnote, to the note that reads: Note: Benefrts will nut be paid ij, on the date of loss, on the date o(rluim filing, or on the date of potential claim payment, FDR 974950 any arnount clue on Your Card anmuat is pass due nr Your Curd is otnceUed, is hereby revised to rend as firllows: Does nn[ apply to West Virginia and New fork State residents. CRLDI-RDRI-WV I1i05 l.idjUUrtat lniirrataliou ibr tte5icka;ts of Nurtkt Carolina A portion of the fees associated with this Card are applied to the insurance benrlit. CRLDI-RDRI-NC 11105 Fh~~ Gr(lotcins; lirzm nuarbe: F axe appliea!rl. ter residruts iu t?rr Itrifor. ine ~-tat ee: Arizona and Indiana, Form Numbers: CRLDI-[ND-CCSG I1/O5: CRLllI-INll-OSBN 11/05; CRLDI-IND-PLAT 11105; CRLDI-IND-CEN 11/05; CRLDI-IND-OSBN-PLAT 11!05; CRLDI-INll-End! 10/08 Texas, Form Numbers CRLDI-IND-CCSG-TX 11105; CRLDI-IND-OSBN-TX I1/OS; CRLDI-IND-PLAT-TX 11/05; CRLDI-IND-CEN-TX I IlOS;CRLDI-IND-OSBN-PLAT-TX It/O5. The following is added to the polio}': 'Phis policy only provides coverage if you decline the full Collision Damage 6Vaiver offered by the Rental Company. This policy is not automobile liability insurance and does nut comply with any linancial responsibility law. Sour personal automobile insurance polity may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurame policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to no renew your policy at your renewal date, but may do so only if you are at fault for the claim. A Termination and Cancellation section is added: Coverage will cease nn the earliest of [he following - the date you no longer maintain a permanent residence in the 50 United States of Amenca or the District of Columbia; the date we determine [hat you or someone on your behalf intentionally misrepresented or fraud occurred; the date we cancel the Policy; the date you aze no longer a cardmember; or the date the Polity is not available in the location where you maintain a Permanent Residence. ]f the Policy is cancelled, we will send written notice at least forty five (45) days in advance. We may nut cancel or non-renew this Policy based solely on the fact that you are an eleard official. The American Express Card Baggage Insurance Plan is underwritten by A2v1EX Assurance Company, Administrative Office, Green Bay, WI. Coverage is determined by the terms, conditions, and exclusions of Policy AX04W or Policy BIY-[ND and is subject to change with notice to you. This document does nut supplement or replace the Policy. Please callus at the number on the back of your American Express Card for a complete ropy of your terms and conditions. The American Express Card Baggage Insurance Plan provides benefits for a Covered Person's damaged, stolen or lost baggage, whether checked or carry-tin, when the entire fare Cur common cazrier ronveyanne tickets are purchased and charged to your eligible American Express Card account. Covered Person means: a) the basic cardmember, each additional cardmember, and rack of these Cardmembers' spouses or domestic partners and dependent children under 23 years of age; or b) officers, partners, proprietors, employees. consultants or employment candidates authorized by a sponsoring organization, to have common carrier conveyance fares charged m that sponsoring organizatioris arnount for a bona fide business trip. All Covered Persons must have a permanent residence within the 50 United States of America, or thi~ District of Columbia.:W other persons arc not Covrnd Persons under the policy. Platinum cardmember means a cardmember who has a Platinum C,hargr Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. "I'hr capitalized terms usr d herein shall have the meaning assigned to such terms in the policy. Certain terms contained in this summary are defined within the full policy document. ybu may file a claim by calling toll-free stateside 1-800-645- 9700 or, iffrom overseas, by calling collect 1-303-273-6498. Yuu may also write to Baggage Insurance Plan, PO Bux 683, Golden, CO 80401. Dar.enl+Unn ref lfrnrfit; We will pay a benefit to a Covered Person for a loss up to the applicable limits and under the circumstances described below. For New York State residents, there is a $10,000 aggregate maximum limit for al] Covered Persons per covered trip. Carry-on Baggage Benefit: We will pay a benefit Cor the replacement cost, up to $1,250, for each Covered Person on a covered trip for loss of carry-on baggage. A Covered Person is eligible for this benefit if the loss occurs while the Covered Person is upon a common carrier's terminal premises designated Cor passenger use, but only when the Covered Person is upon such premises immediately before boarding or immediately after alighting from a common carrier conveyance or while riding solely as a passenger in or boarding or alighting from a common cazrier conveyance while on a covered trip. Checked Baggage Benefit: We will pay a benefit for the replacement cost, up to 5500, for each Covered Person on a covered trip for loss of checked baggage. (Bicycles are covered when checked as baggage with a common carrier conveyance.) High•risk Items Benefit: We will pay a maximum benefit of $250, fur each Covered Person on a covered trip for loss of high risk items. High-risk items include, but are not limited to: jewelry; spurting equipment; photographic or electronic equipment: and computers and audio/visual equipment. Common Carrier Conveyance Benefit: We will pay a benefit for the replacement cost, up to $1,250, for each Covered Person nn a covered trip, when a common carrier conveyance ticket is purchased in advance of a covered trip, fur loss to baggage while the Covered Person is riding solely as a passenger nn a common carrier conveyance when going directly to a common carrier's terminal for the purpose of boarding a common carrier conveyance or when leaving from a common carrier's terminal directly after alighting from a common carrier conveyance. Platinum Cardmembers Carry-on and Checked Baggage Benefit: We will pay a benefit for the replacement cost of carry-on baggage up to a maximum of $3,000 for each Covered Person on a Covered Trip. We will pay a benefit for the replacement cost of checked Baggage up to a maximum of 52,000 fur each Covered Person on a Covered Trip. if a Covered Ferson's loss on a covered trip includes the replacement cost for both carry-tin and checked baggage, the benefit under this plan is limited to a combined total of $3,000. For New York State ruidents: We will pay a benefit for the replacement cost of cazry-on baggage up to a maximum of $2,000 for each Covered Person on a covered trip. The $10,000 aggregate maximum limit fur all Covered Person per covered trip also applies. Platinum Cardmembers Common Cazrier Conveyance Benefit: We will pay a benefit fur the replacement cost, up ro $3,000, fur each Covered Person on a covered trip, when a Common Carrier Conveyance ticket is purchased in advance of a covered trip. For New York State residents: We will pay a benefit liar the replacement cost, up to $2,000, for each Covered Person on a covered trip, when a common carrier conveyance ticket is purchased in advance of a covered trip. i.ztiu~inn~ Benefits are not payable if the loss foe which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by the following: war or any act of war, whether declared nr undeclared; any act by customs or other governmental authority whether involving your consent or by confiscation or requisition (except the Transportation Security Administration); defective workmanship, normal wear and tear and gradual deterioration, or any illegal ac[ by or tin behalf of the Covered Person. Items Not Covered: This plan does not insure: cash or its equivalent, notes, accounts, bills, currency, deeds, food stamps ur evidences of debt or intangible property; credit cards and other travel documents (including, but not limited to, passports and visas); securities; tickets and documents; plants and animals; automobiles and equipment; motorcycles and motors; aucraft, boats or other conveyances; or yroyerty shipped as freight or shipped prior to the covered trip departure date. i- ct e+v C cr, ~ r.:q~ ~ If any loss under this plan is insured under any other valid and collectible policy, then this plan shall cover such Inns, subject W its exclusions, conditions, provisions and other terms herein, only to the extern that the amoum of such loss is in excess nl the amount of such other insurance which is pa}'able or paid. "Tcr:runatar~n ur : ~., ~ , ., .~~.i, Coverage will cease on the earliest of the following: the date you no longer maintain a permanent residence in the 50 United States of America, nr the District of Columbia; the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; the date the Policy or any benefit under the Policy is cancelled; the date you terminate your account and are no longer a cardmember or your account is cancelled by American Express; the date your account ceases to remain current and in good standing; or the date the plan is nut available in the location where you maintain a permanent residence. Termination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. We have the right to cancel the Policy at am time by sending a written notice at least sixty (60) days in advance to you at your last known address. The notice will include the reason for cancellation. Form Numbers: BIP-DOC 07/07, RIP-DOC-PLAT 07107 Forms in addition to those listed above are also applicable to residents in the following states: Alaska, Fornt Nuntber:BlP-RDRI-AK 07/07 Kansas, Form Number. B1P-RDRI-KS 07!07 Kentucky, Form Number: RIP-RDRI-KY 07/07. The Termination or Cancellation section is revised to send a written notice of cancellation at least seventy-five (75) days in advance to you at your last known address. The notice will include the reason fire cancellation. Louisiana, Furm Number: BIP-RDRI-LA 07101. The definition of Domestic Partner and all references to Domestic Parnner are removed from the Description of Coverage. Maryland, Form Number: BIP-RDRI-MD 07/07 New York, Form Number: B1P-RDRI-NY 07IOi Oklahoma, Form Number. BIP-RDRI-OK 07107. The following is added to the Description of Coverage: WARNING: An}' person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy ttrmainingany false, incomplete or misleading information is guilty of a felony. Vermont, Furm Number BIP-RDRI-VT 07/07 Washington, Form Number: B1Y-RDRI-WA 07107 Wisconsin, Form Number BIP-RDRI-W107/07 The following form numbers are applicable to residents in the followingstates: Arizona, Indiana and Texas, Furm Numbers: B1P-IND 07107, BIP-[ND-PLAT 07!07 FDR 974950 FDR 974950 FUNERIC{W EJ6~RE55 2009 American Expre~.+ The Optima° Platinum Card NANCY S LENKER Closing Date 09118/12 New Balance $24,511.31 Minimum Payment Due $2,821.00 Includes the past due amount of $2,219.00 Payment Due Date 10/13/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: It you make no additional You will pay off the balance And you wil I pay an charges and each month you shown on this statement in estimated total of... pay... about... Only the Minimum Payment Due 29 years 62,994 If you would like information about credit counseling services, call 1-888-733-4139. See page 2 for important information about your account. Your account is past due and overlimit. Pay at least 2,821.00, 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. + Please fold on the perforation below, detach and return with your payment + p. 1 /5 Account Ending 1-31001 Membership Rewards® Points Availableand Pending asof 08/31 /12 2,873 For up to date point balance and full program details, visit membershiprewards.com ~-ccouni summary Previous Balance $24,189.97 Payments/Credits -$0.00 New Charges +$0.00 Fees +535.00 Interest Charged +$286.34 New Balance 524,511.31 Minimum Payment Due 52,821.00 Credit Limit $23,300.00 Available Credit 50.00 Cash Advance Limit $0.00 Avails ble Cash 50.00 Days in Billing Period: 30 Customer Care Pay by Computer amencanexpress.com/pbc Customer Care Pay by Phone 1-800-964-8542 1-800-472-9297 See page 2 for additional information. ® Payment Coupon ~ Pay by Computer a Pay by Phone Account Ending 1-31001 Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Makecheck payableto American Express. IIII'1'II11'1"III'11111111111~r1111111111'1'11111'1"1111'111'11 NANCY S LENKER 20 N 12TH ST APT 216 LEMOYNE PA 17043-1450 Payment Due Date 10/13/12 New Balance $24,511.31 Minimum Payment Due $2,821.00 III 11 I' 1111' 1111""I I1111111I I"111111' 111111111"I' l 11111111111 AMERICAN EXPRESS 5 • ^ Check here if your addressor Amount Enclosed phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK N) 07101-1270 ~~ ~ ~, Exhibit -~" ~_ 0000349990585747811 002451131000282100 15 ri NANCY S LENKER Account Ending 1-31001 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. Paymentswe receive after S p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollarsand clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollarsand 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 by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on 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 Humberto yourfinancial institution, unlessthe check is not processable electronicallyor a lesscostly process isavailable. 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 deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interestchargesaredetermined. Theme[hodweusetofiguretheADBandinterestresultsindailycompoundingofinterest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the 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 tee of 2.7%of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in yourcredit 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 1-800-964-8542 Hearing Impaired InternationalCollect 1-336-393-1111 1TY:1-800-221-9950 Large Print & Braille Statements 1-800-964-8542 FAX:1-800-695-9090 Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 Change of Address If correct on front, do not use. • Tochange your address online, visit wwwamericanexpress.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 Ciry, State Zip Code Area Code and Home Phone Area Code and Work Phone Email Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK N1 79998-1535 07101-1270 Pay Your Bill with AutoPay • Avoid late fees • Save time Deduct your paymentfrom your bank account automatically each month Visit americanexpress.com/autopsy today to enroll. For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanezpress.comlprivacy. p. 3/5 Account Ending 1-31001 Fees Amount 09/13/12 Late Payment Fee $35.00 Total Fees for this Period S35.00 Amount 09/18/12 Interest Charge on Cash Advances $54.57 09/18/12 fnterestChargeonPurchases $231.77 Total Interest Charged for this Period 5286.34 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 ~~A 5130.00 Total Interest in 2012 $2,517.30 Interest Charge Calculation The Optima° Platinum Card NANCY S LENKER Closing Date 09/18/12 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance5ubject Interest Percentage Rate to Interest Rate Charge Purchases 12.99% $21,701.38 $231.77 Cash Advances 25.24%(v) $2,632.49 $54.57 Total 5286.34 (v) Variable Rate NANCY S LENKER Account Ending 1-31001 p. 4/5 Membership Rewards° Monthly Statement and Program News MEMBERSHIP rewards p~ 5!5 express- Prepared for NANCY S LENKER Account Number 1M55401919 Questions About Your Account? Total Points Balance 2r873 ~ membershiprewards.com Points arE ned this Period 0 ~ 1-800-AXP-EARN(297-3276) ~ ! I` nternationalCollect:305-816-2799 Account Summary August 1, 2012 -August 31, 2012 Opening Points Balance 2,873 Points Earned this Period 0 Points Used this Period 0 Reinstated Points and Adjustments 0 Total Points Balance 2.873 Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Did You Know? Use Points For Everyday Charges Use your Card for everyday purchases like groceries, gas, phone bills and more, then go online and use the points you earned to cover those charges. Learn more at membershiprewards.com/everydaycharges l Points Transaction Detail August 1, 2012 -August 31, zo12 Points Earned this Period Points Activity On Bonus Points Total Points Eligible Charges Awarded Activity Per Card Optima XXXX-XXXXX 1-31001 Total Membership Rewards points earned may be transferred or redeemed as long as alt enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or visiting membenhiprewards.com. Terms and Conditionsof the Membership Rewards Express• program apply. For more information, visit membershiprewards.com/termsoresll 1-800-AXP-EARN (297-3276). From overseas, call collect 305-816-2799. 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: November 25, 2012 121508.001 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 0f Chief Deput y DEC ?d Richard W Stewart Solicitor ?tSYL?dpN1A P?fi? American Express Centurion Bank vs. Case Number Nancy Lenker 2012-7254 SHERIFF'S RETURN OF SERVICE 12/04/2012 02:00 PM - Deputy William Cline, being duly sworn according to law, served the re uested Complaint & Notice by "personally" handing a true copy to a person representing themselves be the Defendant, to wit: Nancy Lenker at 20 N. 12th Street Apt. 216, Lemoyne Borough, Lemoy e, 17043. ;??7 - IA CLINE, DEPUTY SHERIFF COST: $44.00 December 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF