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HomeMy WebLinkAbout12-7484- ~1=-~~'Qr t~ l~C C'~ .~ Fly 1'1'~ t`N~1~~'~ITAr~Y ~rSZC~C !3 ~,'~11: tg cu~4~~~~>6~ couHtY l~EFiNSY~.~'Ah'1A Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff v. JAMES GAROFALO aka JAMES J. GAROFALO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .a ~ CIVIL ACTION -LAW Complaint -Notice 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 (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 claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 168641 / 304 ~~ a~~ ~~n3.?Sf~l af~y ~~ `71o>r3 ~~ ~sy aug BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker, Esquire, Id. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff AMERICAN EXPRESS CENTURION BANK 4315 South 2700 West Salt Lake City, UT 84184 Plaintiff v. JAMES GAROFALO aka JAMES J. GAROFALO 753 Colonial Court Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~~ , 7Y~'y ~T~ CIVIL ACTION -LAW Complaint 1. The plaintiff is American Express Centurion Bank (hereafter "American Express") with a place of business located at 4315 South 2700 West, Salt Lake City, Utah. 2. The defendant is James Garofalo a/k/a James J. Garofalo, an adult individual, who resides at 753 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all relevant times, American Express was and is a bank chartered under the laws of the state of Utah. 4. Defendant applied for and was given the American Express The Optima Platinum Card (hereafter the "Card"), which enabled defendant to charge items to an American Express The Optima Platinum Card Account (Account Number xxxx-xxxxxx-61002) (hereafter the "Account") 5. At all relevant times, defendant was the holder of the Card that enabled him to charge items to the Account. 6. At all relevant times, defendant was the basic cardmember on the Account and was responsible for paying all amounts charged to the Account as he applied for the account. 7. The Optima Platinum Card Agreement (hereafter "Agreement") was provided to defendant with the Card, and a true and correct copy of the Agreement is attached hereto and incorporated herein as Exhibit A. 8. By accepting and using the Card, defendant agreed to all of the terms and conditions set forth in the Agreement, including the following: a. Defendant agreed he is liable for all amounts charged to the Account. b. Defendant agreed that payment for all charges to the Account is due by the payment due date indicated on the monthly billing statements mailed by or on behalf of American Express. c. Defendant agreed that if the payment was not made by the payment due date indicated on the monthly billing statements, American Express may assess additional fees per the terms of the agreement. d. Defendant agreed that in the event of default, he would pay all reasonable costs, including reasonable attorney's fees incurred by American Express in collecting the balance due including finance charges and delinquency fees and in protecting itself from any harm it may suffer as a result of the default. 9. Defendant used the Card t:o charge various items to the Account. 10. American Express duly issued and sent to defendant the Account Statements which set forth in detail all items charged to the Account and the total amount due and owing by defendant to American Express. A copy of the final Statement of account sent to defendant is attached hereto as Exhibit B. Count 1 -Breach of Contract 11. American Express incorporates by reference the averments of paragraph 1 through 10. 12. Defendant failed to pay the balance in full as specified on the Account statements. 13. By reason of the foregoing, defendant breached the Agreement with American Express. 14. As a result of the breach, defendant is liable to American Express for the sum of $10,820.72. 15. Despite due demand, defendant has failed and refused to pay American Express any portion of the amount due and owing. 16. As a result of defendant's failure to pay the amount that he owed, American Express referred its claim to outside attorneys for collection and is entitled to collect reasonable attorney's fees from defendant. 17. By reason of the foregoing, American Express is entitled to judgment. against defendant for breach of contract in the sum of $10,820.72, plus reasonable attorney's fees, costs and pre judgment interest. WHEREFORE, American Express demands judgment against defendant on Count 1 in the sum of $10,820.72 plus reasonable attorney's fees, costs and pre judgment interest. Count 2 -Account Stated (In the alternative to Counts 1 and 3) 18. American Express incorporates by reference the averments of paragraphs 1 through 17. 19. Defendant used the Card to charge various items to the Account for which payment was never made. American Express kept accurate records of all debits and credits to the Account. 20. American Express mailed to defendant monthly billing statements for the Account which accurately stated the previous balance, the debits and credits to the Account for the prior billing period. 21. Prior to receipt of the Exhibit B statement, defendant had for many months made payments on account of the billing statements or retained the statements without payment. 22. Defendant's actions as set forth above constituted an account stated between the parties for the sum of $10,820.72, which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. WHEREFORE, American Express demands judgment against defendant on Count 2 in the sum of $10,820.72 plus pre judgment interest and costs. Count 3 -Unjust Enrichment (In the alternative to Counts 1 and 2) 23. American Express incorporates by reference the averments of paragraphs 1 through 22. 24. As a result of the foregoing, defendant received the benefit of American Express' extension of credit in the amount of $10,820.72 without paying for the same. 25. Defendant was aware of, apprehended and appreciated American Express' provision of credit by reason of his having made payments on account of the Account statements received on and after he opened the account. 26. The reasonable value of the credit American Express provided defendant is the sum of $10,820.72. 27. American Express is entitled to pre judgment interest on the outstanding balance from the date of this complaint. 28. American Express believes and avers if the relief requested herein is not granted, defendant will be unjustly enriched at American Express' expense. WHEREFORE, American Express demands judgment against defendant on Count 3 for a sum to be determined at trial. BURTC@N NjE~ & ASSOCIATES, P.C. By: Derek~C. Bloc Esquire Attorney for Plain 'ff In making this communication, we advise our firm is a debt collector. P. ~n Re: Optima®Platinum CardC~ Account ending in: 61002 12/11/2010 Dear James) Garofalo , We wantto help you understand howyourcredit cardworks.This includes changes we're required to make because of new federa I regu lations that impact late payment fees, returned payment fees, and Pena ItyAPRs. These changesaresummarized inthetable below. We're also pleasedto letyou knowwe've rewritten yourCardmemberAgreement so it's simplerand easierto use and understand. We'veenclosedacopyofyournewCardmemberAgreement,whichincludesinformationon: • rates andfeesforyouraccount • the minimum payment due and how payments are applied • when interestchargesapply, andwhentheydon't • otheraccountterms You can team more about howto manage yourcard account and protectyour credit with simple tips, advice, and explanations byvisiting americanexpress.corn/consumerresources. .• .- - Thefollowingisasummaryofchangestoyouraccountterms,effective August 22, 2010. More detailed information aboutthese accounttermsappears on page 2ofthe CardmemberAgreement. . .. Late Payment Fee Up to $35 Returned Payment Fee Up to $35 PenaltyAPRand When 27.24% It Applies This APRwill varywith the market based on the Prime Rate. This APRwill applytoyouraccountifyou: 1) make one or more late payments; or 2) make a paymentthat is returned. How LongWillthePenaltyAPRApply? IfthePenaltyAPRis applied,itwillapplyforatleast6months. We will review your Accountevery6 months afterthe penaltyAPR is applied. The Penalty APRwill continuetoapply until you have made timelypaymentswith no returned payments duringthe 6 months being reviewed. IMPORTANT: See the reverse sideofthisletterforinformationabouttheterminationofconvenience checks and the duration ofthe PenaItyAPR. Thank youforyourCardmembership. We lookforward to continuingto serve you. Sincerely, American Express CMAEUALE0000101 See reverse side forlmportantlnformatJon EXHIBIT f~ Convenience Checks We will no longer honorconvenience checks. If you still have convenience checks, even ifyou requested them,DONOTUSETHEM. Any convenience checkspresentedtousforpaymentonorafterMarchl, 2011 will be DECLINED. Destroy any convenience checksyou may have. Ifyou use a convenience check despite this warning and it is decli ned, you may have to pay retu med checkfees or other pe nalties to whomeve r you wrote the check. How Longwilithe PenaltyAPRApply? Ifthe PenaltyAPR currentlyappliestoyourAccount, we will review iton or before February22, 2011 as described on thefrontofthis letter. Beforethis review, the Penalty APRwill continuetoapply in accordance with the terms ofyourCardmemberAgreement ineffect priortoAugust 22, 2010. CMAEUALE0000101 CardmemberAgreement: Part 1 of 2 As of: 12/11/2010 Optima®Platinum Card® Issuer: American Express Centurion Bank CardmemberName: James J Garofalo Credit Limit: $10,600 {Cash Advance Limit: $200) AccountEndingln :61002 Rates and Fees Table Annual Percentage Rate 14.24% {APR)for Purchases ThisAPRwill va with the market based onthe Prime Rate. APRforBalanceTransfers 14.24%foranybalancetransferrequestswe may accept. ThisAPRwill va with the market based on the Prime Rate. APRforCashAdvances 25.24% ThisAPRwill va with the market based on the Prime Rate. PenaltyAPR and When it 27.24% Applies ThisAPRwill varywith the market based onthe Prime Rate. ThisAPRwill applytoyouraccount ifyou: 1) make one or more late payments; or 2) make a paymentthat is returned. How LongWillthePenaltyAPRApply? IfthePenaltyAPRisapplied,it will applyforat least 6 months. Wewill reviewyourAccountevery 6 months afterthe PenaItyAPR is applied. The PenaltyAPRwill continueto apply until you have madetimely paymentswith no returned payments duringthe 6 monthsbein reviewed. Payinglnterest Yourduedateisatleast25daysafterthecloseofeachbillingperiod. Wewill notchargeyou interest on purchasesifyou payyourentire balance bythe due date each month. Wewill begin charging interest on cash advances and balance transfers on thetransaction date, ForCreditCardTipsfrom Toleammoreaboutfactorstoconsiderwhenapplyingfororusingacreditcard the Federal Reserve Board , visit the website ofthe Federal Reserve Board at htt :J/www fed r r v cr i r. AnnualMembershi Fee None Transaction Fees •BalanceTransfer Either $5 or 3%oftheamountofeachtransfer,whicheverisgreater. • Cash Advance Either $5 or 3% ofthe amount of each cash advance, whicheve r is greater. •Forei nTransaction 2.7%ofeachtransaction afterconversiontoUSdollars. Penalty Fees •Late ayment Upto $35 • Returned Payment Upto $35 • Overli mit None tlowwecalculatetnterest: WeusetheAverageDailyBalancemethod(includingnewtransactions)Seethe Howwe calculate interest section in Part 2. Your Billing Rights: See Part 2forinformationonhowtoexerciseyourrightstodisputetransactions. CMAEUAA00000105 Page 1 of 9 How Rates and Fees Work Calculating APRs and DPRs TheAnnual Percentage Rate ( APR)forvariablerates isdetermined byadding an amount( margin) tothe Prime Rate (see Determiningthe Prime Rate in Part 2). The Daily Periodic Rate ( DPR) is 11365th ofthe APR, rou nded to one ten-thousandth of a percerrtage point. Rate Description Prime+Margin APR DPR Purchase Prime+ 10.99% 14.24% 0.0390% Balance Transfer Prime+ 10.99% 14.24% 0.0390% Cash Advance Prime+ 21.99% 25.24% 0.0691% Penalty Prime+ 23.99% 27.24% 0.0746% PenaltyAPRfor newtransactions ThepenaltyAPRappliestonewtransactionsiE If the Penalty APRappliestoabalance,itwill •youdonotpayatleasttheMinimum applytochargesaddedtothatbalancel5or Payment Due bythe Closing Date ofthe more days afterwesend you notice . billing period inwhich itisdue, •youdonotpayatleasttheMinimum Wewill review yourAccountevery6monthsafter Payment DuebythePaymentDueDate2 the PenaltyAPRisapplied.ThePenaltyAPRwill times in 12 billing periods, or continueto apply until you have madetimely • yourpaymentisretumedbyyourbank. payments with noretumedpaymentsduringthe6 PenaltyAPRfor months being reviewed. IfyoudonotpayatleasttheMinimumPaymentDuewithin60daysafteritsPaymentDueDate we existing balances , canapplythepenaltyAPRtothosebalancesitdoesnotalreadyapplyto.Afteryoupayontimefor 6 billing periods in a row, the penalyAPR will no longer apply tothose balances (but it may still apply to otherbalancesasdescribed above). We addfeestoa purchas e balance, unlesswetell you otherwise. AnnualMembership Thisfeeisonthe RatesandFees Tableonpagel ofPartl. Late Payment Upto$35.IfwedonotreceivetheMinimumPaymentDuebyitsPaymentDueDate thefeeis$25 , . Ifthis happens again within the next 6 bil I ing periods, the fee is $35. However, the late fee wi II not exceedthe Minimum PaymentDue. Paying Tate mayalso result in a PenaltyAPR. See Penalty APR fornewtransactions and Penalt APR f y orexisting6aiances above. RetumedPayment Upto$35.Ifyourpaymentisretumedunpaidthefirsttimewepreserrtittoyourbank thefeeis , $25. If this happens again within the next 6 billing periods, the fee is $35. However the retu rued , paymentfee will not exceed the M in im u m Payment Due on the last PaymentDue Date before the paymentisretumed.AretumedpaymentmayalsoresuftinaPenaltyAPR.See PenaltyAPR for newtransactionssbove. RetumedCheck $38ifyouuseyourcardtocashacheckatoneofourapprovedlocationsandthecheckisreturned unpaid. Wewill alsochargeyou the unpaid amount. Overlimit None.See Credif/imitandcashadvancelimit inPart2. StatementCopy $5foreachstatementyourequest,exceptforthe3mostrecentbillingperiods. Account Re-0pening $25 ifyourAccount iscancelled ou ask ust , y o re-open it, and we do so. Balance Transfer 3%ofthetransaction,withaminimumof$5.AdifFerentfeemayapplyifstatedinapromotional offeroratthe time of atransaction. This fee isa finance charge. Wewill add ittothe same balance asthe balancetransfer. Cash Advance 3%ofthewithdrawalandotherservicesyouobtain(includinganyfeechargedbytheATM operator), with a minimum of$5. Wewill add thisfee tothe cash advance balance. Foreign Transaction 2.7%oftheconverted U.S.dollaramount.Thisfeeisafinancecharge.See Converfingcharges madeinaforeigncurrency in Part 2. Part1, Part2 and anysupplements oramendments make upyourCardmemberAgreement. CMAEUAA00000105 Page2of 9 CardmemberAgreement: Part2of2 CD 27738 Introduction Aboutyour ThisdocumenttogetherwithPartlmakeupthe Any supplementsoramendmentsarealsopartof CardmemberAgreement CardmemberAgreement (Agreement)forthe theAgreement.WhenyouusetheAccount(oryou Accounfidentifiedonpagel ofPartl. sign orkeepthecard},you agreetotheterrnsofthe Agreement. Chang i ng the Agreement Words we use i n the Agreement We may change this Agreement, subject to applicable law. We may do this in response to the business, legal or competitive environment. W e cannot increase the interest rate on existing balancesexcept in limited dreumstances.Changes We, us,and ourmeantheissuershownonpagel ofPartl. You and Yaurmeanthepersonwho applied forthis Account and forwhom we opened theAccount. You andyouralso mean anyonewho agreestopayforthisAccount.Youarethe Basic Cardmember. You may request a card foran AdditionalCardmember (see AboutAdditiona! Cardmembersin Part 2). Cardmeans any card or other device that we issue to accessyourAcxount.A chargeisanyamount About using your card Using the card Youmayusethecardtomakepurdtases.Atour Account status orchangestoyourcerdnumberor discretion,wemayperrnityoutomakecash advances or balance transfers Youcannottr f expiration date. You mustnotifythemerchants . ans er balancesfromanyotheraccountissuedbyusorour directlyifyouwantthemtostopchargingyour Account affiliates. . Promise to pay Credit li mit and cash advance limit Declined transactions You may arrange forcertain merchants to charge yourAccount at regularintervals. W e may (but are notrequired to)tell these merchants about your to someterms may require45 days advance notice, and we will tell you in the notice if you have the right to reject a change. We cannot change certain terms during the firstyear of your Cardmembership. added to yourAccount, such as purchases, cash advances, balance transfers, fees and interest charges.A purchaseisachargeforgoodsor services.A cashadvanceisachargetogetcesh or cash equivalents. A balance transfer is a charge to payan amountyou owe on another creditcard account. To pay by a certain date means to send your paymentso thatwe receive itand credititto your Account bythatdate(see Aboutyourpayments in Part 2). Keep yourcard safe and don't let anyone else use it. If your card is lost or stolen or your Acxount is being used without your permission, contact us right away. You may notuse yourAccountforillegal activities. You promise to pay all charges, induding: • charges you make, evenifyoudonotpreseniyourcardorsignforthetransaction, • chargesthatotherpeoplemakeifyouletthemuseyourAccount,and • chargesthatAdditionalCardmembersmakeorpermitotherstomake. Weassigna CreditLimdtoyourAccount.Wemay make part of your Credit Limitavailable forcesh advances{CashAdvanceLimrt). Theremayalsobe a limit onthe amountyou can withdrawfrom ATMs in a given period. The Credit Limit and Cash Advance Limitareshownonpagel ofPartl andoneach billing statement. We may increase or reduce your Credit Limit and CashAdvance Limit. N+e may do so even ifyou pay on time and yourAccount is not in default. W e may dedine to authorize a charge. Reasons we may do this indude suspected fraud and our assessment of your creditworthiness. This may occur even ifthe charge would not cause you to go over your Credit Limit and your Account is not in default. You agree to manage yourAccount so that: • yourAccountbalance{includingfeesandinterest) is not more than your Credit Limit, and • your cashadvancebalance(includingfeesand interest) is not more than your Cash Advance Limit. We may approve charges that cause yourAccount balance to go over your Credit Limit. If we do this, we will not charge an overtimit fee. If we ask you to promptly pay the amount of yourAccount balance above yourCredit Limit, you agree to do so. We are not responsible for any losses you incur if we do not authorize a charge. And we are not responsible if any m enchant refuses to accept the card. CMAEUACM0000102 Page 3 of 9 About your payments Whenyoumustpay YoumustpayatleasttheMinimumPaymentDueby atleasttheMinimumPaymentDueinsuchtimeand the Payment Due Date. The Minimum Payment Due mannerby the PaymentDue Date shown on your and PaymentDueDateareshownoneachbilling billing statement. statement. How to make payments How weapply payments and credits Each statement also states the time and mannerby which you must make your payment for itto be creditedasofthesamedayitisreceived. Foryour paymentto be considered on time, we must receive Make payments to us in U. S. dollars with: • a single chedcdrawn on a U.S. bank, or • asinglenegotiableinstrumentdearablethrough the U.S. banking system, for example a money order, or • an electronicpaymentthatcanbeclearedthrough theU.S. banking system. When making a payment by mail: • makeaseparatepaymentforeachaccount, • mailyourpaymenttotheaddressshownonthe payment coupon on yourbilling statement, and • writeyourAccountnumberonyourchedcor negotiable instrument and include the payment coupon. If yourpayment meets the above requirements, we will credit itto yourAccrount as of the day we receive it, as long as we receive it by the time disclosed in YourAccount may have balances with different interestrates. For exampl e, purchases may have a lowerinterestratethancashadvances. Ifyour Accounthas balances with different interestrates, here is how we generally apply payments in a billing period: • We apply your payrrrents, up to the Minimum Payment Due, firstto the balance with the lowest interestrate, and then to balances with higher interestrates. interest rate, in any order we choose. About your Mi nimum Payment Due How we calculate your TocalculatetheMinimumPaymentDueforeach Minimum Payment Due statement,westartwiththe highestofthefollowing three amounts: {1J 2% ofthe New Balance (excluding late fees on thestaiement); or (2) interest charged on the statement plus 1 % of the New Balance (excluding late fees and interest on the statement), notto exceed 4% of the New Balance; or {3J $15. Adjusting your Minimum PaymentDue CMAEUACM0000102 Then we add late fees on the statement, round to the nearest dollar, and add any amount past due. However, your Minimum PaymentDue will not exceedyour New Balance. Each statement also shows a Closing Date. The Closing Date is the last day ofthe billing period covered by the statement. Each Closing Date is about30 daysafterthepreviousstatement's Closing Date. your billing statement. If we receive it afterthattime, we will credit the payment on the day after we receive it. Ifyourpayment doesnotmeettheabove requirements, there may be a delay in crediting your Account. This may result in late fees and additional interest charges (see NowRatesandFeesWork on page 2 of Part 1). Ifwe decide to accept a payment made in a foreign currency, we will choose a rateto convertyour paymentinto U.S. dollars, unlessthe law requires us to use a particularrate. Ifwe process a late payment, a partial payment, or a paymentmarkedwith anyrestrictivelanguage,that will have no effecton our rights andwill notchange this Agreement. Atterthe Minimum Payment Due has been paid, weapply your payments to the balance with the highestinterestrate, andthento balanceswith lowerinterestrates. In most rases, we apply a credit to the same balance as the related charge. For example, we apply a credit fora purchase to the purchase balance. We may apply paymentsandcreditswithin balances, and among balances with the same Fns •„a:,: ,...e.~,~; ~ .,=~~..~~ n due A.sum~2t~tyau ~Ve~vBalanLa ~s ~3,t~G G. inlAresf15,52A:57~(see lure awe an thenaxt ~age~.arMdyouliav~nola~fie,~sorama,rfs " pssf~ue. ~29.5/ + 1%x f~F3.pOP-F29.b7) =S59.c t~1$75.L~p The irighes tai; tfraftar~e amattntsis;5fi0.aC~ Sr~tha 19}irbmurnPaymert-flue is,SG0.1D Ifyou regulariypay more thanthe Minimum PaymentDue destribed above, we mayadjustitin future billing periods. This may let you make a smaller minimum paymentfrom time to time. But if you then do notregutarly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjustthe Minimum Payment Due, we will not exclude late fees from (1)andnotaddl%oftheNewBalancein (2).Then,if (2)isthehighest{butlessthan4%oftheNew Balance), we will add $15. If we do the adjustment, we willnot include any new late fees in the Minimum PaymentDue. crontinued on next page... Page4of9 ...continuedfrompreviouspage WewilldothisifoversixbillingperiodsthesumofyourpaymentsismorethanthesumoftheMinimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods}. Wewill also make the adjustrnentifoversix billing periodsthe sum ofthe Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of yourpayments. However, we will not make the adjustmentifthesum of Minimum Payments Due iszero andwe did notadjustthe Minimum PaymentDue thelasttimeitwas notzero. About interest charges Whenwechargeinterest Wechargeinterestbeginningonthedateofeachtransaction.Youcanavoidpayinginterestonpurchases as described below. However, you cannotavoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by the Payment Due Date, we will not charge interest on purchases. If you pay the New Balance on a statement by the PaymentDue Date and then you payless than the New Balance on the following statement by the Payment Due Date, we will not charge interest on the portion ofthe purchase balance thatwe apply that payment to. Butwe will charge interest on unpaid purchases. Ifyou do notpay the New Balance on a statement by the Payment Due Date and then: • youpaytheNewBalanceonthenextstatement by the Payment Due Date, we will not charge interest on purchases from the date of your payment to the Closing Date of the billing period in which you made thatpayment. Butwe will charge interest on purchases from the beginning of that billing period until the date of your payment. • youpaytheNewBalanceoneachofthenexttwo statements by their Payment Due Dates, we will not charge interest on purchases on the following statement. Also, we will notcharge interest on purchases on a statementif the Previous Balance on thatstatement is zero or a credit balance. How we calculate interest Wecalculateinierestforabillingperiodbyfirstfiguringtheinterestoneachbalance.Differentcategories oftransactions such as purchases andcashadvances may have differentinterestrates. Balances within each category may also have differentinterestrates. Weusethe Average DailyBalancemethod (including newtransactions) tofigureinterest chargesforeachbalance.Thetotal interestcharged fora billing period isthesum ofthe interestcharged on each balance. Interest The interest charged fora balance in a billing period, exceptfor variations caused by rounding, equals: • Average Daily Balance (ADB) x • Daily Periodic Rate { DPR} x • numberofdaystheDPRwasineffect. ADB TogettheADBforabalance,weaddupits daily balances. Then we divide the result by the number ofdaysthe DPRforthatbalance was ineffect. Ifthe daily balance is negative, we treat it as zero. DPR A DPR is 11365th of an APR, rounded to one ten- thousandth ofapercentage point. Your DPRs are shownin HowRatesandFeesWork onpage2of Part 1. ~?Ei'4MAY~tlcLtrtinp tnte~est Assumethatyouh~vaaariagieir~&rriskrgt~of 75. ~9% yncrrAtt$ is 32, 750 andffrana ale ~0 daySinlhe6iNongyar+oaf_ The DPf? its x5.9P96+355 day& - G f14395; Interest rs 52, 250 a n. Ti43 89w x 3C! da vs = $29.37 Daily Balance Foreach day a DPR is in effect, we figure the daily balance by: • takingthe beginning balance fortheday, • adding any new charges, • subtracting any payments or credits; and • making any appropriate adjustments. W e add a new charge io a daily balance as of its transaction date. Beginningbalance Forthefirstdayofahilling period, thebeginning balance isthe ending balanceforthe priorbilling period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day'sdailybalance plusanamountofinterestequa! to the previous da y sdailybalance multiplied by the DPRforthatbalance . Thismethodoffrgunngfhe beginning balance resuRs in daily compounding of interest. When an interest rate changes, the new DPR may comeintoeffectduring not just at the beginning of the billingperiod. When this happens, wewill create a new balance and apply th a new DPR to it. To get the beginning balance on the first day forthis new balance, we multiply theprevious day's daily balance bythe old DPR and addthe result tothat day's dailybalance. othermethods To figure theADB and interest charges, we may use otherformulas or methods that produce equivalent results. Also, we may choose notto cha rge interest on certain types of charges. CMAEUACM0000102 Page 5 of 9 Determining the Prime Rate We use the Prime Rate from the Money Rates section (orsuccessorsection}of The Wall Street Joumal. The Prime Rateforeach billingperiod isthe Prime Ratepublishedin TheWalfStreetJoumal2 days before the Closing Date ofthe billing period. The WallStrestJournal may notpublishthePrime Rate on that day. If it does not, we will use the Prime Ratefromthepreviousdayitwaspublished.If The Walt Street Joumal is nolongerpublished,wemay use the Prime Rate from any other newspaper of general arculation in New York, New York. Or we may choose to use a similar published rate. Ifthe Prime Rate increases, variable APRs (and corresponding DPRs)will increase. In thatgse, you may pay more interestand may have a higher Minimum Payment Due. Whenthe Prime Rate changes, the resulting changes to variable APRs take effect as of thefirst day of the billing period. Other important information AboutAdditional Atyourrequest,wemayissuecardstoAdditional YouauthorizeustogiveAdddionalCardmembers Cardmembers Cardmembers.Theydonothaveaccountswithus inforrnationaboutyourAccountandtodiscussit butthey can use your Account subject to the terms with them. ofthisAgreement. You are responsibleforalluseof yourAcx:ounlbyAdditionalCardmembersand IfyouwanttocancelanAdditionalCardmember's anyonetheyallowtouseyourAccount.Youmust right to use yourAccount (andcanceltheircard}you payforallchargestheymake. must tell us. Converting charges made in a foreign currency Changing your billing address Closing yourAccount Cancelling or suspending yourAccount Abo ut defau It If you make a charge in a foreign currency, we will convertit into U.S. dollars on the date we or our agentsprocess it. Unless a particularrate is required by law, we will choose a conversion rate that i s acceptable to us forth at date. The rate we use is no more than the highestofficial rate published by a government agency or the highest You mustnolify us immediately if you change the: - mailing address to which we send billing statements; or • e-mailaddresstowhichwesendnoticethatyour billing statementis available online. You may Gose yourAccount by calling us or writing to us. We may: - cancel yourAccount, • suspendtheabilitytomakecharges, • cancel or suspendanyfeatureonyourAccount, and • notifymerchantsthatyourAccounthasbeen cancelled or suspended. If we do any of these, you must still pay us for al I charges underthe terms of this Agreement. We may consideryour Account to be in defaultif: • you violateaprovisionofthisAgreement, • you give us falseinforrnation, • you fileforbankruptcy, • youdefaultunderanotheragreementyouhave with us oran affiliate, • you becomeincapacitatedordie, or • we believe you are unable orunwillingtopayyour debts when due. interbank rate we identifyfromcustomarybanking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines} at the rates they use. If you have more than one account, you need to notify us separately for each account. We may update your billing address ifwe receive information that it has changed or is incorrect. We may do any ofthese thingsat ourdiscretion, even if you pay on time and yourAccount is not in default. IfyourAccount is cancelled, you mustdestroy your cards. We may agree to reinstate yourAccount after a cancellation. If we do this, we may: • reinstate any additional cards issued on your Account, • chargeyouanyapplicableannualfees, and • charge youafeeforreinstatingtheAccount. Ifwe consider yourAccount in default, we may: • suspendyourabilitytomakecharges, • cancelorsuspendanyfeatureonyourAocount, • require you topaymorethanyourMinimum Payment Dueimmediately, and • re quire you to payyourAccountbalance immediately. Col lectio n costs Credit reports You agree to pay all reasonable costs, including attorneys' fees, that we incurto collect amounts you owe. You agree thatwe may obtain credit reports about you, investigate yourability to pay, and obtain information about you from othersources. And you agree that we may use such information for any purposes, subject to applicable law. You agree thatwe may give information about your Accountto creditreportingagencies. Wemaytell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your credit record. Ifyou believe informationwe havegivento a credit reporting agency is incorrect.. write to us at: American Express Credit Bureau Unit, P.O. Box 981537, EI Paso, TX 79 998-1 537. When you write to us, tell us yourAccount number and the speafic information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 Sending you notices We may contactyou About insurance products How we handle electronic debits from yourchecking account ExpressPay Privacy Act of 1874 notice Convenience checks W e mail you notices through the U.S. mail, postage prepaid, and address them to you atthe latestbilling address on our records. Any notice thatwe send you this way is deemed to be given when deposded in theU.S. mail. From time io time, we may contact you abouttopics ranging from servicing to marketing offers to collecting amounts you owe. We may monitor and record phone calls between you (or any Additional Cardmembers on your Account} and us. We do this We or our affiliates may tell you about insurance and non-insurance products, services orfeatures that may have a fee. One of our affiliates may act on behalf of a provider ofthese products. The affiliate may be compensated for this. The insurance produds are not offered or sold by us or on our behalf. Our affiliates may get additional compensationwhenAmexAssuranceCompany When you payus by check, you authorize us to electronically deductthe amountfrom your bank or otherasset account. We may process the check electronically by transmitting to yourfinandal institution: • theamount, • theroufingnumber, • iheaccountnumber,and • theched<serialnumber. to ensure the quality of customer service or when it is required by law. You can choose to not receive marketing offers from us. To do this, call us at 1-800-297-8378 or log on to www.americanexpress. com/communications or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we orouraffiliatestell you about. We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated forthis infomtaiion. If we do this, your payment may be deducted from your bank or other asset account on the same day we receive yourcheck. Also, you will notreceive that cancelled check with your bank or asset accountbilling statement. Ifwe cannotcollectthefundselectronically, wemay issue a draft against yourbank or other asset accountforthe amount of the check. Cards issued on yourAccount may be equippedwith ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at anytime. Some federal agencies may acceptthe card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be putto routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and m arketing use. Otherroufine uses by agencies may be published in the Federal Register. Convenience checks {including balance transfer checks}are checks that we may send you to access yourAccount. The following terms will applyto use ofthose checks unless otherwise disclosed with the check. If you use a convenience check, we may decline it. If we decline it, you may have to pay returned check fees or other penalties to whomever you wrote the check. If you use a convenience check and we honor it, we will charge interestbeginning as of the date we receive the check. You cannot avoid paying interest on convenience check transactions. We will charge a fee for each convenience check transaction. This fee is 3% of thetransaction, with a minimumof$5.Thisfeeisafinancecharge.We will add the fee to the same balance that we add the convenience check transaction to We will charge $29 each time you ask us to stop payment on a convenience check. A convenience check is not a card. You may not use convenience checks to pay this or any other account with us or ouraffiliates. If you use a convenience check, we will apply the: • cashadvanceAPRifyoumakeitpayabletocash, to you, or to a bank, brokerage or similar asset account, or to a mortgage or insurance provider. • purchaseAPRifyoumakeitpayableioa merchant. • balance transferAPRifyouuseitiotransfera balance from another creditor. • penaltyAPRifitappliestoyourAccount. Changing benefits Wehavetherighttoadd,modifyordeleteanybenefit,service,orfeatureofyourAccountatour discretion. Assigning the Agreement Wemaysell,transferorassignthisAgreementandyourAccount.Wemaydosoatanyiimewithoui notifying you. You may notsell, assign ortransferyourAccount orany ofyourobligations underthis Agreement. Assigning claims Ifyoudisputeachargewithamerchant,wemaycredittheAccountforallorpartofthedisputedcharge.If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will notpursue any claim against the merchantforthe credited amou nt. And you must cooperate with us ifwe decide to do so. CMAEUACM0000102 Page 7 of 9 Wedonotwaiveourrights WemaychoosetodelayenfordngortonotexerciserightsunderthisAgreement.Ifwedothis,wedonot waive ourrights to exerdse or enforce them on any other occasion. Govern ing law Utah law and federal law govern this Agreement and yourAccount. They govern without regard to internal prindplesof conflicts of law. We are located in Utah. We hold yourAccount in Utah. We entered into this Agreementwith you in Utah. Arbitration ThisArbitrationprovisionsetsforththe anydaimthatyouproperlyfileandpursuein RIGHTORAUTHORITYFORANYCLAIMS dreumstancesandproceduresunderwhich asmalldaimscourtofyourstateor TOBEARBITRATEDONACLASSACTION daims may be arbitratedinsteadoflitigatedin munidpalitysolongasthedaimisindividual BASISORONBASESINVOLVINGCLAIMS court. andpendingonlyinthatcourt. BROUGHTINAPURP Definitions As used in this Arbitration provision, the terrn claim means any daim, dispute or controversy between you and us arising from or relating to yourAccount, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreementthatyou may have hadwith us, or the relationships resulting from any ofthe above agreements, exceptforthevalidity, enforceability or scope ofthis Arbitration provision. For purposes ofthis Arbitration provision, you and usalsoincludesany corporate parent, orwholly or majority owned subsidiaries, affiliates, anylicensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of daims. Claim includes daims of every kind and nature, including butnot limitedto, initial claims, counterclaims, cross-claims and third- partydaims and daims based upon contract, tort, fraud and otherintentional torts, statutes, regulations, common law and equity. Claim also includes daims by oragainst anythird party using or providing any product, service or benefit in connection with anyaccount (including, but not limited to, aeditbureaus, third parties who accept the card, third parties who use, provide orparticipate infee-based orfree benefitprograms, enrollmentservices and rewards programs, credit insurance companies, debt collectors and all oftheir agents, employees, directors and representatives) ifand only if, such third party is a party in connection with the daim. The term daim is to be given the broadest possible meaningthatwill beenforced and includes, by way of example andwithout limitation, any daim, dispute or controversy that arises from or relates to (a) any ofthe accounts created under anyof the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of finandng, (c}the benefits and services related to Cardmembership (including fee-based or free benefitprograms, enrollmentservices and rewards programs), and (d) your application forany account. We shall notelectto use arbitration under this Arbitration provisio n for CMAEUACM0000102 In kiation ofArbkration Any daim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures ofthe arbitration organization to whichthedaim isreferred in effectatthefime thedaimisfiled( code), excepttotheextent the code conflicts with this Agreement. Claims shall be referred to eitherJAMS or the American Arbitration Association( AAA}, as selected by the party electing to use arbitration. If ourselection of either of these organizations is unacceptable to you, you may selectthe other organizationwithin 30 days after you receive notice of our selection. Fora copy of the code, to file a daim or for otherinfomtation,confect either: JAMS (1920 Main St#300, Irvine, CA 92614 or jamsadr.com} or AAA (335 Madison Ave, Newyork, NY 10017 oradr.org). In addition to the organizations listed above, daimsmay be referredto anyother arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as itmaybe amended(FAA}, providedthatanysuch organization and arbitrator(s) will enforce the terms of the Restricions on Arbitration subsection set forth below. Sig nifica nce ofArbkration IFARBITRATION IS CHOSEN BYANY PARTY WITH RESPECTTOA CLAI M, NEITHERYOU NOR WE WILL HAVETHE RIGHTTOLITIGATETHATCLAIM IN COURTOR HAVEAJURYTRIAL ONTHAT CLAIM.FURTHER,YOUANDWEWILL NOT HAVETHE RIGHTTO PARTICIPATE fN A REPRESENTATIVE CAPACITYOR AS AMEMBER OFANY CLASS OF CLAIMANTS PERTAININGTOANYCLAIM SUBJECTTOARBITRATION. EXCEPTAS SETFORTH BELOW, THEARBITRATOR'S DECISION WILL BE FINALAND BINDI NG. NOTETHAT OTHER RIGHTSTHATYOU OR WEWOULD HAVEIFYOU WENTTO COURTALSO MAY NOT BEAVAI LABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTSTO RESOLVER CLAIM BYARBITRATION, THAT CLAIM SHALL BEARBITRATEDON AN INDIVIDUAL BASIS. THERE SHALL BE NO Page ti of 9 ORTED REPRESENTATIVE CAPACITY ON BEHALF OFTHEGENERALPUBLIC, OTHER CARDMEMBERSOROTHERPERSONS SIM ILARLY SITUATED. The arbitrator's authority to resolve daims is limitedtoclaims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, daims brought by you against us, or by us against you, may notbejoined or consolidated in arbitration with daims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or dedsion will have any prelusive effect as to issues or daims in any dispute with anyone who is note named party to the arbitration. Notwithstanding any other provision ofthis Agreement (including but not IimitedtotheContinuafionsubsection below) and withoutwaiving either party's rightto appeal such de dsion, should any portion of this Restrictions onArbitrationsubsection be deemed invalid or unenforceable, then the entire Arbitration provision (otherthan this sentence)shall notapply. Arbitration Procedures This Arbitration provision is made pursuant to transactionsinvolvingintcrstate commerce and shall be governed by the FAA. The arbitration shall be governed by the applicable code, exceptthatthisAgreementshafl applyif there are any conflicts. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shalt honor daims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis forthe dedsion. The arbitration proceeding shall notbe governed by anyfederal or state rules ofcivil procedure orrules ofevidence. Any party may request that the arbitrator expandthe scope of discovery by doing so in writing and copying any other parties, who shall have 15 days to make objections. The arbitratorwill notifythe parties ofhis/her decision within 20 days of anyobjecting party's submission. The arbitrator shall take reasonable steps to preserve privacy. The arbitrator's award shall befinal andbinding, exceptforanyrightof appeal provided bythe FAA; however, either party shall have 30 days to appeal that dedsion by notifying the arbitration organization and any other parties i n writing. continued on nextpage... ...continued from previous page The organization will then appointathree- arbitratorpanelwhich shall consider anew any aspect of the derision objected to by the appealing party. The panel shall issue its derision, by majority vote, within 120 days of the appealing party's written notice. Judgment upon any award rendered by the arbitrator or panel may be entered in any court having jurisdiction. Location ofArbitration Arbitration hearings you attend shall take place inthefederaljudicial districtof your residence. Payme nt of Fees You will be responsible for paying your share, if any, ofthe arbitration fees (including filing, administrative, hearing and/orother fees}, but onlyup totheamountofthe filingfees you would have incurred if you had brought a Gaim in the state or federal court closest to yourbilling address that would have had jurisdiction. Wewill be responsible forany additional arbitration fees. At yourwritten request, Wewill considerin goodfaithmaking a temporary advance of all or part of your share ofanyarbitrationfees. Youwill notb assessed anyarbitration fees in excess of your share if you do not prevail in any YOUr Billing Rights :Keep this DocumentforFuture Use arbitration with us. Continuation This Arbitration provision shall survive termination ofyourAccount; voluntary payment of theAccount balance infull 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 of yourAccount (in the case of a sale, its terms shall apply to thebuyer of yourAccount). If any portionof this Arbitration provision, exceptas otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, itshall notinvalidatethe remaining portions of this provision. This notice tells you aboutyourrightsandour responsibilitiesundertheFairCreditBilli Whileweinvestigatewhetherornotthere Your RightsffYouAreDissatisfiedWkh ng Act has been an error: YourCredkCardPurchases . Wecennottrytocollecttheamountin If you are dissatisfiedwiththegoodsor WhatToDolfYouFindaMistakeonYour 4uestion,orreportyouasdelinquenton servicesthatyouhavepurchasedwithyour Statement that amount. credit card, and you have tried in good faith to If youthinkthereisanerroronyour Thechargeinquestionmayremainonyour correcttheproblemwiththemerchant,you statement,writetousat: statement,andwemayconiinuetocharge may havetherightnottopaytheremaining American Express you interest on that amount. amount due on the purch ase. PO Box 981535 Whileyoudonothaveto a thea t' p y moun in EI Paso TX 79 998-1 535 question, you are responsible forthe In your letter, give us the following information: • Accountinfomaation:Yournameand account number. • Doltaramount:Thedollaramountofthe suspected error. • Descrfptionofproblem:lfyouthinkthereis anerroronyourbill, describewhatyou believe is wrongandwhyyoubelieve itisa mistake. You mustcontact us: • Within 60 days aftertheerrorappearedon your statement. • Atleast3businessdaysbeforean automated payment is scheduled, if you wantto stop payment on the amountyou thinkis wrong. Youmustnotifyusofanypotentialerrors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to paythe amount in question. What Will Happen After We Receive Your Letter When we receive yourletter, we mustdo two things: 1. Within 30 days ofreceiving yourletter, we must tell you thatwe received your letter. Wewill also tell you ifwe have already corrected the error. 2. Within 90 days ofreceiving yourletter, we must eithercorrecithe erroror explain to you why we believe the bill is correct. remainder of your balance. • Wecanapplyanyunpaidamountagainst yourcreditlimit. Afterwe finish ourinvestigafion, oneof iwo things will happen: • If we made a mistake :You will not have to pay the amount in question or any interest or other fees related to that am ount. • tfwedonotbelievetherewasamisfake You will haveto pay the amountin question, alongwith applicableinterestand fees. W e will send you a statement of the amount you owe and the date payment is due. We maythen reportyou as delinquent if you do not pay the amount we think you owe. If you receive ourexplanation butsfill believe yourbill iswrong, you mustwriteto us within 7G days telling us thatyou still refuse to pay. If you do so, we cannotreportyou as delinquent without also reporting that you are questioning yourbill. We musttell you the name of anyone to whom we reported you as delinquent, andwe mustletthose organizations knowwhenthematterhas been settled between us. If we do notfollow all of the rules above, you do not have to pay the first $50 of the amount you question evenifyourbill is correct. To use this right, all ofthe following must be true: 1. Thepurchasemusthavebeenmadein your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. {Note: Neither ofthese are necessary if your purchase was based on an advertisement we mailed to you, or ifwe own the company that sold you the goods or services.) 2. Youmusthaveusedyourcreditcardfor the purchase. Purchases made with cash advances from an ATM or with a checkthat accesses youraedit card accountdo not qualify. 3. Youmustnotyethavefullypaidforthe purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: American Express PO Box 981535 EI Paso TX79998-1535 W hile we investigate, the same rules apply to thedisputedamountascliscussed above. Afterwe finishourinvestigation, wewilltell you our derision. Atthat point, ifwe think you owe an amountand you do noipay. we may report you as delinquent. CMAEUACM0000102 Page 9 of 9 ra_`= ~ -,_~: _ The Optima® Platinum Card _. =5~ JAMES J GAROFALO Closing Date 07/20/12 New Balance $10,820.72 Minimum Payment Due $1,450.00 Includes the past due amount of $1,335.00 Payment Due Date 08/14/12 Late Payment Warning: If we do,not receiveyourMinimum 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%. p. 1/3 Account Ending 6-61002 Earn points on all of your purchases, everywhere you use the Card. Visit www.americanexpress.com/rewa rds Account Summary Previous Balance $10,820.72 Payments/Credrts _$000 New Charges +$0.00 Fees +$0.00 Interest Charged +$0.00 Minimum Payment Warning: If you make onlythe minimum payment each period, New Balance $10,820.72 you will pay more in interest and it will take you longerto pay off your balance. For I ' Minimum Paymerrt Due $1,450.00 example: If you make no additional You will payoffthe balance charges and each month you shown on this statement in PaY about... Only the Minimum Payment Due 22 years And you will pay an estimatedtotal of... $24,294 If you would like information about credit counseling services, call 1-888-733-4139 See page 2 for important information about your account. `7 Your account is past due and overlimit. Pay at least $1,450.00, plus any additional charges incurred on your account since the date of this billing statement. If you would like to receive e-mail alerts about payments, spending or fraud protection, you can sign up at americanexpress.com/alerts. O This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. Credit Limit $10,600.00 Available Credit $0.00 Cash Advance Limn $p.00 Available Cash $0.00 Days in Billing Period: 31 Customer Care Pay by Computer americanexpress.com/pbc Customer Caro Pay by Phone 1-800-964-8542 1-800-472-9297 See page 2 for additional information ~ Pleasefold on the perforation below, detach and return with your payment ~ ® PaymerrtCoupon Q Pay by Computr pay by phone Do not stapleor use paper clips americanexpress.com/pbc ©1-800-472-9297 Il~ll~rllll~l~'111~1~~~1~'~Illlllrll~l~lr~lll'lll~l~"~rllllllllr JAMES J GAROFALO 753 COLONIAL CT MECHANICSBURG PA 17050-1820 Accourrt Ending&61002 Enter account number on all documents. Make check payableto American Express. Payment Due Date 08/14/12 New Balance S 10,820.72 Minimum Payment Due $1,450.00 I~Irrllll~~l"I~I~'~Illllr~~r~~~l~l~~~lrl~llll~~~ll~~ll~llll~l~~' ^ Check here if your address or AMERICAN EXPRESS $ phone number has changed. P.O. BOX 1270 AmourrtEndased Note changes on reverseside. NEWARK NJ 071 01-1 270 DDDD349991D37397,406 OD108207200014500D L6 rl ~'~CH BIT JAMES J GAROFALO Account Ending F-~1nm Payments: Your payment must be sentto the payment address shown on your statement and must be received by S p.m. local time at that addressto be credited as ofthe day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, orwith a negotiable instrument payable in US dollars and clearablethrough the US banking system; and (3) include your Account number. Ifyour payment does not meet all ofthe above requirements,credRing may be delayed and you may incur late paymentfees and additional interest charges. Electronic payments must be madethrough an electronic payment method payable in US dollars and clearablethrough the US banking system. Ifwe accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us, unlessa particular rate is required bylaw. Pleasedo not send post{Jated checks as they will be deposited upon receipt. Any restrictive language on a paymentwe accept will have no effect on us without our express priorwritten approval. We will re-present to your financial institution anypayment that is returned unpaid. Pertnissionfor Electronic Withdrawal: {1) When you send a check for payment, you give us perm fission to electronicallywithdraw your payment from your deposit or other assetaccount. We will processchecks electronically bytransmitting the amount ofthe check, routing number, account number and checkserialnumbertoyourfinancialinstitution,unlessthecheckisnotprocessableeledronicallyoralesscostlyprocessisavailable. When we processyour check electronically,your payment may be withdrawn fromyour deposit or other assetaccount as soon asthe samedaywe receive your check, and you will not receive that cancelled checkwith your deposit or other asset account statement. Ifwe cannot tolled the fu nds electronically we may issues draft againstyour deposit orother assetaccount for the amount ofthe check. (2) By using Pay By Computer, Pay By Phone or anyother electronic payment service of ours, you give us permission to eledronicallywithdrawfunds from the deposit or other asset account you specify in the amount you request. Payments using such services ofours received after 8:00 p.m. MST may not be credited until the next day. How WeCalcWateYourBalance: WeusetheAverageDailyBalance(ADB)method {including new transactions)tocalculatethe 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 resu Iting interest charges are determined. The method we use to figure the ADB acrd interest resin is in dailycompoundingofinterest. Payinglnterest:Ynur due date is at least 25 days afterthe close ofeach billing period. We will not charge you intereston your purchases if you pay the New Balance by the due date each month. We will chargeyou interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. ForaggnCurrencyCharges: Ifyou make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We vn-II charge a fee of 2.7% of the convatsd US dollaramount. We wil I choose a conversion rate that is acceptab le to us for that date, u nless a particular rate is required by law. The conversion rate we use is no morethan the highest official rate published by a government agency or the highest interbank rate we identifyfrom customarybanking sources on the conversion date orthe prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as ai rlines)will be billed at the rates such establish ments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. Ifwithin the six-month period following the date ofthe 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 amou nt is 51.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. New Yorkresidants may contact the New York Banking Department to obtain a comparative listing of credit card rates,fees and grace periods by calling 1-800-513-8866. CustamerCare&Billinglnquiries 1-800-964-8542 Hearinglmpairod IntarnattonalCollect 1-336-393-1111 T7'Y:1-800-221-9950 Large Print& BrsilleStatements 1-800-964-8542 FAX:1-800-695-9090 E~ressCash 1-800{ASH-NOW InNY:1-800-522-1897 Changeof Address If correct on front, do not use. • To change your address or>line, visit www.americanexprcss.tom/updatecontactinfo For Name, Company Name, and Foreign Address or Phone dtanges, please call Customer Care. • Please print dearly in blue or black ink ordy in the boxes provided. Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Ingtiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Pay Your Bill with AutoPay • Avoid late fees • Savetime Street Address ~ I I i I I I I I I ~~ ~~~~ I I II city. state , Zip Code Area Code and Home Phone Area Code and ~~T~~ Work Phone Email Deduct your payment from your bank account automatically each month Visit amaicanexpress.wm/autopsy i todayto enroll. - _ i For informs lion on how we protect your privacy and to set your communication and privacy chdces, please visit www.americanexpress.comlprivacy. •.~:,:,_:,.,,;_ The Optima® Platinum Card =,- r_s~ p. 3I3 JAMES J GAROFALO Closing Date 07/20/12 Account Ending 6-61002 Amount Total Fees forthis Period $0.00 Interest Charged Amount Total IrrtarestChargedfor this Period 50.00 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 ~ 95.00 Total Interest in 2012 5503.45 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual BalanceSubjed Interest geRate tolrrterestRate Charge Purchases 14.2496 (v} SO.00 cn m Cash Advances 25.2496 (v) Sp.pp Total -- So.oo (vl Variable Rate 50.0 Verification (Name of authorized representative) (Title or Position) for American Express Centurion Bank, the within plaintiff, and verify that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~ Q ~~ 168641 James Garofalo Account number ending in 61002 1201 ~~ ~~ (signature of authorized representative)