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Home My WebLink About12-7852Burton Neil & Associates, P.C. By: Derek C. Blacker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff v. NIKOLAOS SEITZ aka NIKOLAOS C. SEITZ Defendant a...._ _., _ ~, ~ _ ~ =~~' , i~ ~ n ;, - c_,J --~+ s ~- ~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 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. 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 168123 / 304 103.~~ PA plT~ ~~ 7/3a5 ~~a8y~a9 BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blacker, 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. NIKOLAOS SEITZ aka NIKOLAOS C. SEITZ 10 Poplar Street Lemoyne, PA 17043 Defendant :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 Nikolaos Seitz aka Nikolaos C. Seitz, an adult individual, who resides at 10 Poplar Street, Lemoyne, 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 Blue from American Express Card (hereafter the "Card"), which enabled defendant to charge items to a Blue from American Express Account (Account Number xxxx-xxxxxx-82005) (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 Blue from American Express 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 to 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 $7,173.61. 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 $7,173.61, plus reasonable attorney's fees, costs and pre judgment interest. WHEREFORE, American Express demands judgment against defendant on Count 1 in the sum of $7,173.61 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 $7,173.61, 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 $7,173.61 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 $7,173.61 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 $7,173.61. 27. American Express is entitled to pre judgment interest on the outstanding balance from the date of this complaint. 28. American Express believes and avers if the relief requested herein is not granted, defendant will be unjustly enriched at American Express' expense. WHEREFORE, American Express demands judgment against defendant on Count 3 for a sum to be determined at trial. BURT~I~II~EIL & ASSOCIATES, P.C. By: DeY~k ~'")$lasker, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. -: _ ~ P. ~n Re: Blue from American Express Account ending in: 82005 11 /22/2010 Dear N ikolaos C Seitz , We wantto help you understand howyour credit card works, This inG udes changes we're required to make because of newfederal regulationsthat impact late paymentfees, returned paymentfees, and PenaltyAPRs. These changesare summarized inthetable below. We're also pleased to letyou knowwe've rewritten yourCardmemberAgreement so it's simplerand easierto use and understand. WebeenclosedacopyofyournewCardmemberAgreement,whichinGudesinformationon: • ratesandfeesforyouraccount • the minimum payment due and how paymentsare applied • when interestchargesapply, andwhentheydon't • otheraccountterms You can team more about howto manage yourcard account and protectyourcredit with simple tips, advice, and explanations byvisiting americanexpress.comlconsumerresources. The following isasummaryofchangestoyouraccountterms,effectiveAugust22,2010. More detailed information aboutthese accounttermsappears on page 2 ofthe CardmemberAgreement. Late Payment Fee ,. . Up to $35 ReturnedPaymeMFee Upto $35 PenaltyAPRand When 27.24% It Applies ThisAPRwill varywith the market based on the Prime Rate. This APRwill applytoyouraccount ifyou: 1) make one or more late payments; or 2) make a paymentthat is returned. How LongWillthePenaltyAPRApply? IfthePenaltyAPRis applied,itwillapplyforatleast6months. Wewilireviewyour Accountevery6 months afterthe penalty APRisapplied.The Penalty APRwill Conti nue toapply until you have made timely paymentswith no returned payments duringthe 6 months being reviewed. IMPORTANT: See the reversesideofthisletterforinforrnationabouttheterminationofconvenience checks and the duration ofthe Penalty APR. Thank youforyourCardmembership. We lookforward tocontinuingtoserve you. Sincerely, American Express CMAEUALE0000101 Seereverseslde forlmportantlnformatJon EXHIBIT I~ Convenience Checks We will no longer honorconvenience checks. Ifyou still have convenience checks, even Ifyou requested them, DO NOT USE THEM. Any convenience checks presented to us for payment on crafter March 1, 2011 will be DECLINED. Destroy any convenience checks you may have. Ifyou use a convenience check despite this warning and it is declined, you may have to pay returned checkfees orother penalties towhomever you wrote the check. How Long wll I the Penalty APRApply? IfthePenaltyAPRcurrentlyappliestoyourAccount,wewillreviewitonorbeforeFebruary22,2011 as described on the frontofthisletter. Beforethisreview,thePenaltyAPRwillcontinuetoapplyinaccordancewith the termsofyourCardmemberAgreement ineffect priortoAugust 22, 2010. CMAEUALE0000101 CardmemberAgreement: Part1 oft As of: 11/22/2010 BluefromAmeNcanExpiess Issuer:American Express Centurion Bank CardmemberName: NikolaosCSeitz Credlt Limit: $ 8,100 {Cash Advance Limit: $ 200) Account Ending In :82005 Rates and Fees Table AnnualPercentagelRate •~,r 24% (APR)for Purchases • ThisAPRwillva with the market basedonthePrimeRate. APRforBalanceTransfers 15.249~oforanybalancetransferrequestswemayaccept. ThisAPRwill va with the market based on the Prime Rate. APRforCashAdvances 25.24% ThisAPRwillva with the market basedonthePrimeRate. PenaltyAPRand When It 27.24% Applies ThisAPRwill varywith the market based onthe Prime Rate. ThisAPR will applyto youraccount ifyou: 1) make one or more late payments; or 2) make a paymentthat is retumed. How LongWlllthePenaltyAPRApply? IfthePenaltyAPRisapplied,it ill w applyfforat least 6 monthhs. Wewill reviewyourAccountevery6 months afterthe PenaItyAPR is applied. The PenaItyAPRwill continue to apply until you have made ti mely payments with no retumed payments during the 6 monthsbei reviewed. Payinglnterest Yourduedateisatleast25daysafterthecloseofeachbillingperiod. Wewill notcharge you interest on purchases ifyou payyourentire balance bythe due date each month. Wewill begin chargi ng interest on cash advances and balance transfers on the transaction date. ForCreditCard Tips from To team more aboutfactors toconsiderwhen applyingforor using a credit card the Federal Reserve Board , visit the website ofthe Federal Reserve Board at •/ Annual Membershi Fee None Transactbn Fees •BalanceTransfer • Cash Adv Either $5 or 3%oftheamountofeachtransfer,whicheverisgreater. ance • Forei n Transaction Either $5 or 3%ofthe amount of each cash advance, whicheverisgreater. 2.7%ofeachtransaction afterconversionto US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Upto $35 •Overlimit None IJw .1. .~_a_ e~ ~.,....cwn.~~a~et interest: vve use meHVerageUailyBalancemethod(including newtransactions). Seethe Howwe calculate interest section in Part 2. YourBlllingRights: See Part2forinformationonhowtoexerciseyourrightstodisputetransactions. CMAEUAA00000105 Page 1 of 9 How Rates and Fees Work calculating APRsand DPRs TheAnnualPercentageRate( APR)forvariableratesisdeterminedbyaddinganamount( margin) tothe Prime Rate (see Determiningthe Prime Rate in Part 2). The Daily Periodic Rate ( DPR) is 11365th oftheAPR, roundedto oneten-thousandth ofa percerrtage point. Rate Description Prime+Margin APR DPR Purchase Prime+ 11.99% 15.24% 0.0417% Balance Transfer Prime+ 11.99% 15.24% 0 0417% Cash Advance Prime+ 21.89% 25.24% . 0.0691% Penalty Prime+ 23.99% 27.24% 0.0746% PenaltyAPRfor newtransactions ThepenaRyAPRappliestonewtransactionsil` If the Penalty APRappliestoabalance,itwill •youdonotpayatleasttheMinimum applytochargesaddedtothatbalancel5or PaymentDuebytheClosingDateofthe moredaysafterwesendyounotice. billing period in which itisdue, •youdonotpayatleasttheMinimum Wewill reviewyourAccountevery6monthsafter Payment Due bythe Payment Due Date 2 the PenaltyAPR is applied. The PenaltyAPR will times in 12 billing periods or , continuetoapplynntil you have madetimely •yourpaymentisretumedbyyourbank. payments with no retumed paymentsduringthe6 months being reviewed. PenaltyAPRfor existing balances IfyoudonotpayatleasttheMinimumPaymentDuewithin60daysafteritsPaymentDueDate,we l h can app y t epenaltyAPRtothosebalancesitdoesnotalreadyapplyto.Afteryoupayontimefor 6 billing periods in a row, the PenaltyAPR wi 11 no longerapply tothose balances (but it may stil l apply to other balances as described above). We add feesto a purchas e balance, unless we tell you otherwise. AnnualMembership Thisfeeisonthe RatesandFees Tab/eonpagel ofPartl. Late Payment Upto$35.IfwedonotreceivetheMinimumPaymentDuebyitsPaymentDueDate,thefeeis$25 . Ifthis happens again within the next 6 bill ing periods, the fee is $35. However, the latefee wi II not exceed the Minimum PaymentDue. Paying late mayalso result in a PenaltyAPR. See Penalty APR fornewtransactions and PenaltyAPR forexi ti b l s ng a ances above. RetumedPayment Upto$35.Ifyourpaymentisretumedunpaidthefirsttimewepresentittoyourbank thefeeis , $25. If this happens again within the next 6 billing periods, the fee is$35. However, the retumed paymentfee will notexceed the Min imu m Payment Due on the last Payment Due Date before the paymentisretumed.AretumedpaymentmayalsoresultinaPenaltyAPR.See PenaltyAPR for newtransactionssbove. RetumedCheck $38ifyouuseyourcardtocashacheckatoneofourapprovedlocationsandthecheckisretumed unpaid. Wewill alsochargeyouthe unpaidamount. Overlimit None.See Creditlimitandcashadvancelimif inPart2. SffitementCopy $5foreachstatementyourequest,exceptforthe3mostrecentbillingperiods. AccountRe-opening $25ifyourAccountiscancelled,youaskustore-open it,andwedoso. Balance Transfer 3%ofthetransaction,withaminimumof$S.Adifferentfeemayapplyifstatedinapromotional offeror atthe time of a transaction. Th is fee isa finance charge. Wewill add itto the same balance asthe balancetransfer. Cash Advance 3%ofthewithdrawalandotherservicesyouobtain(includinganyfeechargedbytheATM operator), withaminimumof$5. Wewill addthisfeetothecashadvance balance. Foreign Transaction 2.7%oftheconvertedU.S.dollaramount.Thisfeeisafinancecharge.See Convertingcharges made in a foreign currency in Part 2. ~~ ~ ~, ~~~ «a~~~ a~~y ~upp~emen[s oramenaments make upyourCardmemberAgreement. CMAEUAA00000105 Page 2of 9 CardmemberAgreement: Part2 oft CD 27738 Introduction Aboutyour ThisdocumenttogetherwithPartimakeupthe Anysupplemenisoramendmentsarealsopartof CardmemberAgreement CardmemberAgreement (Agreement)forthe theAgreement.WhenyouusetheAccount(oryou Accourrtidentified onpage 1 of Part 1. sign or keep the card), you agree to the terrns of the Agreement. Chang ing the Agreement Words we use in the Agreement We may change this Agreement, subjectto applicable law. We may do this in responseto the business, legal or competitive environment. We cennotincrease the interest rate on existing balancesexcept in limited droumstances. Changes We, us, and ourmeantheissuershownonpage1 of Part 1. Youand yourmeanthepersonwho 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 Part2). Cardmeans any card or other device thatwe issue to accessyourAccount.A chargeisanyamount to some terms.may require45 days advance notice, and we wilt tell you in the notice if you havethe right to reject a change. We cannot change certain terms during thefirst year of yourCardmembership. added to yourAccount, such as purchases, cash advances, balance transfers, fees and interest charges.A purchaseisachargeforgoodsor services.A cashadvanceisachargetogetcash or cashequivalents.A balance transferisadtarge to payan amountyou owe on another credit card account. To pay by a certain date means to send your payment so thatwe receive it and credit itto your Accountbythatdate(see A6outyourpayments Part 7l ~+vvua using yvurcara Using the card Youmayusethecardtomakepurchases.Atour Account status orchangestoyourgrdnumberor discretion,wemayperrnityoutomakecash expiration date. You must notifythemerchants advances or balance transfers. Youcannottrancfwr diredl if o tth balancesfrom any other account issued by us or our affiliates. You may arra nge for certain merchants to charg e yourAcca~nt at regularintervals. We may (but are notrequired to)tell these merchants about your y y uwan emtostopchargrngyour Account. Keep yourgrd safe and don't let anyone else use it. If your card is lost or stolen or your Account is being used without your pennission, contact us right away. You may not use yourAccount forillegal activities. Promise to pay You promiseto pay all diarges, induding: • charges you make, evenifyoudonotpresentyourcardorsignforthetransadion, • chargesthatotherpeoplemakeifyouletthemuseyourAcxount,and • chargesthatAdditionalCardmembersmakeorpermitotherstomake. Credit limit andcashadvancelimit Declined transactions We assign a CreditLimif to yourAccount . We may make partof your Credit Limit available forcash advances (CashAdvance Limit). There may also be a limit on the amountyou can withdrawfrom ATMs in a given period. The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit an d Cash Advance Limit. We may do so even if you pay on time and yourAccount is not in default. We 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 yourCredit limit and your Account is Wolin default. You agree to manage yourAccount so that: • yourAccountbalance(indudingfeesandinterest) is notmore than your Credit Limit, and • yourcashadvancebalance(indudingfeesand interest) isnot more than yourCash Advance Limit. We may approve charges thatcause yourAccount balance to go over your Credit Limit. Ifwe do this, we will not charge an overtimitfee. If we ask you to promptly pay the amount of yourAccount balance above yourCredit Limit, you agree to do so. We are not responsiblefor any losses you incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card. CMAEUACM0000102 Page 3 of 9 i+uuua your paymerns Whenyoumustpay YoumustpayatleasttheMinimumPaymentDueby atleasttheMinimumPaymentDueinsuchtimeand the Payment Due Date. The Minimum Payment Due mannerbythePaymentDueDateshownonyour and Payment Due Date are shown on each billing billing statement. statement. How to make payments Each statement also states the time and manner by which you must make yourpayment foritto be creditedasofthesamedayitisreceived. Foryour paymentto be considered on time, we mustreceive Make payments to us in U.S. dollars with: • asingle chedcdrawn on a U.S. bank, or • asinglenegotiableinstnxnentdeareblethrough the U.S. banking system, for examples money order, or • an eledronicpaymentthatcanbedearedthrough the U.S. banking system. When making a paymentby mail: • makeaseparatepaymerrtforeachaccount, • mailyourpaymenttotheaddressshownonthe payment coupon on yourbilling statement, and • write yourAccount number on your d,edc or negotiable instn~ment and indude the payment coupon. If your payment meets the above requirements, we will credit itto yourAccount as oftheday we receive it, as long as we receive it by the time disclosed in Each statement also shows a Closing Date. The Closing Date is the last day ofthe billing period coveredby the statement. Each Closing Date is about 30 days after the previous statement's Closing Date. yourbilling statement. Ifwe receiveit afterthattime, we will credit the pa yment on the day after we receive it. If yourpayment does notmeet theabove requirements, there may be a delay in crediting your Account. This may result in late fees and additional interest charges{see How Rates and Fees Work on page 2 of Part 1). Ifwe deade to accept a payment made in a foreign currency, we will choose a rateto convertyour payment into U.S. dollars, unlessthe law requires us to use a particular rate. Ifwe process a late payment, a partial payment, or a paymentmarkedwithsny restrictive language, that will have no effecton our rights andwill notchange this Agreement. """"'maPP~Y PaymeniS and credits Afterthe Minimum Payment Due has been paid, we apply your payments to the balance with the highestinterestrate, andthento balanceswith lowerinterestrates. In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit fora purchase to the purchase balance. Wemayapplypaymentsandcreditswithin balances, and among balances with the same r ourACCOUnt may nave balances with different interestretes. For example,purchasesmayhavea lower interest retethan cash advances. If your Account has balances with different interest rates, here is how we generally apply payments in a billing period: • Weapplyyourpayments,uptotheMinimum Payment Due, firstto the balance withthe lowest interestrete, and then to balarx:es with higher interestretes. interestrate, in any order we choose. About your Minimum Payment Due How we calculate your ToplculatetheMininwmPaymentDueforeach Minimum Payment Due statement,westartwiththe highestofthefollowing three amounts: (1) 2% ofthe New Balance (excluding late fees on thestatement); or {2) interest chargedonthestatementplusi%of the New Balance (excluding late fees and interest on the statement), notto exceed49'o of the New Balance; or {3J $15. Then we add late fees on the statement, round to the nearest dollar, and add anyamount past due. However, your Minimum Payment Due will not exceed your New Balance. Adj usting your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billingperiods.Thismayletyoumakeasmallerminimumpaymentfromtimetotime.Butifyouthendo notregulady pay more than the Minimum Payment Due described above, we will stop adjusting it and return tothefomtula above. If we start or stop adjusting your Minimum Payment Due, we will do so far at leastsix billing periods in arow. To adjustthe Minimum Payment Due, wewill notexclude late feesfrom (1)andnotaddl%oftheNewBalancein (2).Then,if (2)isthehighest(butlessthan4~ooftheNew Balance), we will add $15. If we do the adjustment, we will not indude any new late fees in the Minimum Payment Due. continued on next a P 9e-•- CMAEUACM0000102 Page4 of 9 ...confinuedfrompreviouspage WewilldolhisifoversixbillingperiodsthesumofyourpaymentsismorethanthesumoftheMinimum Payments Due {not adjusted, exceptany amount pastdue is counted only in the firstof those six periods). Wewill also makethe adjustmentif oversix billing periodsthe sum ofthe Minimum Payments Due (not adjusted) is notmore than $90 and equals the sum of yourpayments. However, we will not make the adjustmentif the sum of Minimum Payments Due is zero and we did not adjustthe Minimum Payment Due thelasttimeitwas notzero. About interest charges Whenwechargeinterest Wechargeirrterestbeginningonthedateofeachtransadion.Youcanavoidpayinginterestonpurchases as described below. However, you gnnotavoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by the Payment Due Date, we will notcharge interest onpurchases. If you pay the New Balance on a statement by the Payment Due Date andthen you payless than the New Balance on the following statement by the Payment Due Date, we will not charge interest on theportion ofthe purchase balance thatwe apply that paymentto. Butwe will charge interest on unpaid purchases. If you do not pay the New Balance on a statement by the Payment Due Date andthen: • you paythe New Balance on thenextstatement 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 madethatpayment. Butwe will diarge interest on purchases from the beginning of that billirg period until the date of your payment. • you pay the New Balance on each ofthe next two statementsby their Payment Due Dates, we will not charge interest on purchases on the following statement. Also, we will notcharge interest on purchases on a statementifthe Previous Balance on thatstatement is zero or a credit balance. How we calculate interest Wecalculateinterestforabillingperiodbyfirstfiguringtheinterestoneachbalance.Differentcategories oftransactions such as purchases andgshadvances may have differentinterestrates. Balances within each category may also have different interestrates. Weusethe Average DailyBalancemethod (including newtransactions) tofigureinterest charges for each balance. The total interestcharged fora billing period is the sum ofthe interestcharged on each balance. Interest The interest charged for a balance in a billing period, exceptforvariafionscaused byrounding, 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 ofdaystheDPRforthatbalarxewas ineffect. Ifthe daitybalance isnegative, wetreatitaszero. DPR A DPR is 11365th of an APR, rounded to one ten- thousandth of apercentage point. Your DPRs are shownin HowRafesandi=eesWork onpage2of Part1. Dai ly Balance Foreachdaya DPRisineffect,wefigurethedaily balance by: • takingthe beginning balance tortheday, • adding any newd~arges, • subtractinganypaymentsorcredits;and • making any appropriate adjustments. We add a new charge to a daily balance as of its transaction date. Beginningbalance For thefirstday of a billing period, the beginning balance isthe ending balance for the priorbilling period, induding unpaid interest. For the rest of the billing period, the beginning balance is the previous day'sdailybalance plus an amount ofinferestequa! to the previous day sdallybalance muffiplied by the DPRforfhatbalance . Thismethodoffrguringfhe beginning balance results in dailycompounding of interest. When an interestrete dianges, the new DPR may comeintoeffectduring not justatthebeginning of the billing period. When this happens, wewill create a new balance and apply the new DPR to it. To getthe beginning balance on the first day forthis new balance, we multiply theprevious day's daily balance by the old DPR and addthe result to that day's dailybalance. Othermethods To figure theADB and interest charges, we may use otherfonnulas or methodsthat produce equivalent results. Also, we may choose notto charge interest on certaintypes ofcharges. CMAEUACM0000102 Page 5 of 9 Determining the Prime Rate We use the Prime Rate from the Money Rates section (orsuccessorsection)of TheWa!lStreet Joumaf. The Prime Rateforeach billing period isthe Prime Ratepublishedin TheWaUSfraetJouma! 2 days beforethe Closing Date of the billing period. TheWat/StreetJoumat maynotpublishthePrime Rate on that day. If it does not, we will use the Prime Ratefromthepreviousdayitwaspublished.If The Watt StreetJoumal isnolongerpublished,wemay use the Prime Rate from any other newspaper of general dreulation in New York, New York.Orwe may choose to use a similar published rate. Ifthe Prime Rateincreases, variableAPRs(and corresponding DPRs)will increase. In thatcase, you may pay more irrterestand may have a higher Minimum Payment Due. Whenthe Prime Rate changes, the resulting changes to variable APRs take effect as of thefirst day of thw hillinn nwrirxl caner Important information About Additional Atyourrequest,wemayissuecardstoAdditional You authorizeustogiveAdditionalCardmembers Cardmambers Cardmembers.Theydonothaveaocountswithus informationaboutyourAccountandtodiscussit buttheycanuseyourAccountsubjecttotheterrns with them. ofthis Agreement. You are responsible for all use of yourAccountbyAdddionalCardmembersand IfyouwanttocancelanAdditionalCardmember's anyonetheyallowtouseyourAcxount.Youmust righttouseyourAccount(andcanceltheircard)you payfor all charges they make. musttell us. Converting charges made Ifyoumakeachargeinaforeigncurrency,wewill interbank rate we identify from customary banking inaforeigncurrency convertitintoU.S.dollarsonthedateweorour sourcesontheconversiondateorthepriorbusiness agentsprocessit Unlessaparlicularreteis day.Thisratemaydifferfromratesthatareineffect required bylaw,wewillchooseaconversionrate onthedeteofyourcharge.Wewillbilldiarges thatisacceptabletousforthatdate.Theretewe converted by establishments {such asairlines)atthe useisnomorethanthehighestoffidalrete ratestheyuse. published by a governmentagency or the highest Changing your You must notify us immediately if you change the: Ifyou have more than one account, you nesdto billing address mailingaddresstowhidtwesendbilling notify us separatslyforeadtaccount. statements; or • e-mailaddresstowhichwesendnoticethatyour Wemayupdateyourbillingaddressifwereceive billing statement is available online. information that it has cha nged or is incorrect. Closing yourAccount YoumaydoseyourAcxounibycallingusorwritingtous . Cancellingorsuspending Wemay: Wemaydoanyofthesethingsaiourdiscretion yourAccount • cancelyourAccount, , evenifyoupayontimeandyourAccountisnotin • suspendtheabilitytomakedtarges, default. • andcelorsuspendanyfeatureonyourAccount, IfyourAccrountiscencelled,youmustdestroyyour • notifymercharrtsthatyourAccounthasbeen cards. We may agreetoreinstateyourAccountafter cancelled or suspended. a cancellation. Ifwe dothis, we may: Ifwe doanyofthese,youmuststillpayusforall • reinstateanyadditi~alcardsissuedonyour Account, chargesunderthetermsofthisAgreement. chargeyouanyappligbleannualfees, and • chargeyouafeeforreinstatingtheAccount. About default We may consideryourAccountto be in defaultif: Ifwe consider yourAccount in default, we may: • you violateaprovisionofthisAgreement, suspendyourabilitytomakecharges, • you give us falseinforrnation, cancelorsuspendanyfeatureonyourAccount • you fileforbankruptcy, , requireyoutopaymorethanyourMinimum • youdefaultunderanotheragreementyouhave Payment Dueimmediately, and with us or an affiliate, requireyoutopayyourAccountbatance • youbecomeincapacitatedordie, or immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incurto collect amounts you owe. Credit reports You agreethatwemayobtaincreditreportsabout ierrnofthisAgreement.Thismayhaveanegative you,investigateyourabilityiopay,andobtain impadonyourcreditrecord. information about you from othersources. And you agreethatwemayusesuchinforrnationforany Ifyou believeinfo--nationwehavegiventoaaedit purposes, subject to appli cable law. reporting agency is incorrect, write to us at: You agreethatwemaygiveinforrnationaboutyour American Express Credit Bureau Unit, P.O. Box 981537,EIPaso,TX79998-1537.Whenyouwrite Accounttocreditreportingagencies.Wemaytella to us, tell us yourAccountnumberandthespecific creditreportingagencyifyoufattocomplywithany informationyoubelieveisincorrect. CMAEUACM0000102 Page 8 of 9 Sending you notices WemailyounoticesthroughtheU.S.mail, postageprepaid,andaddressthemtoyouatthelatestbilling address on ourrecords. Any noficethatwe send you this way is deemed to be given when deposited in theU.S. mail. We maycontactyou Fromtimeiotime,wemaycontactyouabouttopics ranging from servidng to marketing offers to collecting amounts you owe. We may mor~torand record phone calls between you {oranyAdditional Cardmemberson yourAccount)andus. We dothis About insurance products How we handle electronic We or our affiliates may tell you about insurance and noninsurance products, services orfeatures that may have a fee. One of our affiliates may act on behalfof a provider ofthesa products. The affiliate may be compensated for this. The insurance products are notoffered or sold by us or on our behalf. Our affiliates may getadditional compensation when Amex Assurance Company When you pay us by check, you authorize us to debits fr'omyourchecking electronicallydeducttheamountfromyourbankor account other asset account. We may processthe check electronically by transmitting toyourfinandal institution: ExpressPay Privacy Act of 1974 notice Convenience checks • theamount, • theroutingnumber, • theaccountnumber,and • thechedkserialnumber. to ensure the quality of customer service or when it is required by law. You can choose to not receive marketing offers from us. Todo this, call us at 1-B00-297-8378 or log on to www.americanexpress. com/communications or another affiliate is the insurer arreinsurer. Compensation may influence what produ cts and providers we or ouraffiliatestell you about. We may share infommation about you with our affiliates so they can i dentify products that may interestyou. We may be compensated forthis infomtation. Ifwe do this, you r payment may be deducted from your bank ar other asset account on the same day we receive yourchedk. Also, you will notreceive that cancelled chedkwith your bank or asset account billing statement. Ifwe cennotcolled: thefunds electronically, we may issue a draft against yourbank or other asset accountforthe amount of the check. Cards issued on yourAccount may be equipped with ExpressPay. t_xpressPay 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 accept the card under authority of statute. Whe n you make cha rges at these agencies, we collect certain diarge inforrnation. That information may be putto routine uses such as processing, billing and cdlections. It may also be aggregated forreporting,analysis and marketing use. Otherroufine uses by agendas may be published in the Federal Register. Convenience checks (including balance transfer checks) are checks thatwe may send youto access your Account. The foNowing temps will apply to use ofthose the dcs 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 whomeveryou wrote the chedk. 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 checktransaciions. Wewill chargeafeeforeadl conveniencechedk transaction. Thisieeis 3% of thetransaction, with a minimum of $5. This fee is a finance charge. We addthe fee to the same balance thatwe add the convenience chedctransactionto. We will charge $29 each 6me you ask us to stop paymenton aconvenience check. A convenience check is not a card. You may notuse convenience checks to pay this or any other account with us ar our affiliates. If you use a convenience chedk, we will apply the: • cash advanceAPRifyoumakeitpayabletocesh, to you, or to a bank, brokerage or similar asset account, or to a mortgage or insurance provider. purchaseAPRifyoumakeitpayabletoa merchant. • balancetransferAPRifyouuseittotransfera balance from another creditor. will PenaltyAPRifitappliestoyourAccount. Changing benefits Wehavetherighttoadd,modifyordeleteanybenefit,service,orfeatureofyourAccountalour discretion. Assigning the Agreement Wemaysell,iransferorassignthisAgreementandyourAccount.Wemaydosoatanytimewithout notifying you. You may not sell, assign ortransferyour Account or any of your obligations under this Agreement. Assigning claims If you disputeachargewithamerchant,wemayaedittheAccountforallorpartofthedisputedcharge.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 not pursue any claim against the merchantforthe credited amount. And you must _ cooperate with us ifwe deride to do so. CMAEUACM0000102 Page 7 of 9 Wedonotwaiveourrights WemaychoosetodelayenfordngortonotexerdserightsunderthisAgreement.Ifwedothis,wedonot waive ourrightsto exerdse orenforce them on any other occasion. Govern ing law Utah law andfederal law governthis Agreement and your Account. They govern without regard to internal prindplesof conflicts of law. We are lopted in Utah. We hold yourAccount in Utah. We entered into this Agreementwith you in Utah. Arbitration ThisArbitrationprovisionsetsforththe anydaimthatyouproperiyfileandpursuein RIGHTORAUTHORITYFORANYCLAIMS dreumstancesandproceduresunderwhich asmalldaimscourtofyourstateor TOBEARBITRATEDONACLASSACTION daims may be arbitratedinsteadoflitigatedin municipalitysolongasthedaimisindividual BASISORONBASESINVOLVINGCLAIMS court. and pending only in that court. BROUGHT IN A PURPORTED Defin loons As used in this Arbitration provision, the term claim means any daim, dispute ar 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 agreement that you may have had with us, or the relationships resulting from any ofthe above agreements, exceptforthevalidity, enfarceability or scope ofthis Arbitration provision. For purposes ofthis Arbitration provision, you and usalsoindudesany corporate parent, orwholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregang, and other persons referred to below in the definition of daims. Claim includes d aims of every kind and nature, including butnot limited to, initial daims, courrterdaims, aoss-claims and third- partydaims and daims based upon contract, tort, fraudand otherintentional torts, statutes, regulations, common law and equity. Claim also includes daims by oragainst anythird party using or provid~g any product, service or benefit in connection with any account (including, butnotlimitedto, creditbureaus, third parties who accept the card, third pa rtes who use, provide or partidpate in fee~ased orfree benefitprograms, enrollmentservices and rewards programs, credit insurarx;e companies, debtcollectors and all oftheir agents, employees, directors and representatives) ifend only if, such third party is a party in amnection with the daim. The term daim is to be given the broadest possible meaningthatwill be enforced and includes, by way of example and without limitation, any daim, dispute or controversy that arises from or relates to (a) any ofthe accounts cxeated under any of the agreements, or any balances on any such accounts, (b)advertisements,promotionsor oral or written statements related to any such accounts, goods ar services financed under any of the accounts or the temts of finandng, (c}the benefits and services related to Cardmembership {indudingfee-based orfree benefitprograms, enrollmentservices and rewards programs), and (d}your application forany account. We shall notelecttouse arbitration ~derthisArbitrationprovisionfor CMAEUACM0000102 Inkiation ofArbitration Any daim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures ofth a arbitration organization to which the daim is referred in effect at the time thedaimisfiled{ code), excepttotheextent the code conflicts with th is Agreement. Claimsshall be referred to either JAMS or the American Arbitration Association( AAA), as selected by the party electing to use arbitration. Ifourseledion of eitherof these organizations is unacceptable to you, you mayselecttheotherorganizationwithin 30 days afteryou receive rmtice of our selection. For a copy of the code, to fi le a daim or for otherinfomtation, carrtacteither: JAMS (1920 Main St#300, Irvine, CA 92614 or jamsadr.com) or AAA (335 Madi son Ave, NewYark, NY 10017 oradr.org). In addition to the organizations listed above, daims may be referredto any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 ofthe Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided thatany such organization and arbitrator(s) will enforce the terrns of the Restrictions on Arbitration subsection set forth below. Significance ofArbkration IFARBITRATION IS CHOSEN BYANY PARTY WITH RESPECTTOACLAIM, NEITHER YOU NOR WE WILL HAVETHE RIGHTTOLITIGATETHATCLAIM IN COURTOR HAVEAJURYTRIALONTHAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVETHE RIGHTTO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAININGTOANYCLAIM SUBJECTTOARBITRATION. EXCEPT AS SETFORTH BELOW, THEARBITRATOR'S DECISION WILL BE FINALAND BINDING. NOTETHAT OTHER RIGHTS THAT YOU OR WE WOULD HAVEIFYOU WENTTO COURTALSO MAY NOT BEAVAI LABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTSTO RESOLVE A CLAIM BY ARBITRATION, THAT CLAI M SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERESHALL BE NO Page 8 of 9 REPRESENTATIVE CAPACITY ON BEHALF OFTHE GENERAL PUBLIC, OTHER CARDMEMBERSOROTHERPERSONS SIMILARLY SITUATED. The arbitrator's authorityto resolve daims is limited to daims between you and us alone, andthe arbitrator's authority to make award s is limited to awards to you an d 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 agreedtoin writingby all parties. No arbitration award or dedsion wilt have any preclusive effect as to issues or daims in any dispute with anyone who is nota named party tothearbitration. Notwithstandinganyother provision ofthis Agreement (including butnot limited to the Continuation subsection below} and withoutwaiving either party's rightto appeal such dedsion, should any portion of this Restrictions on Arbitrationsubsedion be deemed invalid or unenforceable, then the entire Arbitration provision (otherthan this sentence)shall notapply. Arbkration Procedures This Arbitration provisio n is made pursuant to transadionsinvolvingfnterstate commerce and shall be governed by the FAA. The arbitration shall be governed by th e applicable code, except that this Agreement shall apply if there are any conflicts. The arbitraiorshall apply applicable substantive law consistent withthe FAA and applicable statutes of limitations, shall honor daims of privilege recognized at law, and, ofthe timely request of either party, shall provide a brief written explanation of the basis forthe dedsion. The arbitration proceeding shall not be governed by anyfederal or stabs rules of dvil procedure orrules ofevidence.Any party mayrequest thatthe arbitratorexpand the scope of discovery by doing so in writing and copying anyother parties, who shall have 15 days to make objections. The arbitratorwill notifythe parties ofhis/her dedsion within 20 days of anyobjectingparly'ssubrnission. The arbitrator shall take reasonable steps to preserve privacy. The arbitrator's award shall be final and binding, except for any right of appeal provided bythe FAA; however, either party shall have 30 daysto appeal that dedsion by notifying the arbitration organization and any other parties in writing. continued on nextpage... ...continued from previous page The organization will then appoint athree- arbitratorpanel which shall consider anew any aspect of the deasion objected to by th e appealing early. The panel shall issue its deasion, by majority vote, within 120 days of the appealing party's written notice. Judgment upon an y award rendered by the arbitrator or panel maybe entered in anycourt having jurisdidion. Location ofArbitration Arbitration hearings you attend shall take place in the federal judiaal district of your residence. Payment of Fees Youwill be responsible for paying yourshare, if any, ofthe arbitration fees (induding filing, administrative, hearingandiorotherfees), but onlyup to the amount ofthe filing fees you would have incurred if you had brought a daim in the state or federal courtdosest to your billing address thatwould have had jurisdiction. Wewill be responsible forany additional arbitration fees. Atyourwritten request, we will considerin goodfaith making a temporary advance of all or part of your share of an y arbitration fees. You wi 11 notb assessed anyarbitration fees in excess of yourshare if you do notprevail in any arbitration with us. Continuation This Arbitration provision shall survive terrninationofyourAocount; voluntary payment of theAccount balance in full by you; anylegal proceeding by you or us to collects debt owed by the other; any bankruptcyby you or us; and any sale by us of yourAc;count (inthe case of a safe, its terms shall apply to thebuyer of yourAccount). If any portionof this Arb iiration provision, except as otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, it shall not invalidatethe remaining portions of this provision. YOIJ~ Billing Rights :Keep this DocumentforFutureOse ThisnoticeteNsyouaboutyourrightsandour Whileweinvestigatewhetherornotthere Your RightslfYouAreDissat~fiedWkh responsibilitiesundertheFairCreditBilling hasbeenanerror: YourC-editCsrrtP~~~r,..ee Act. WhatTo Do IfYou Find a Mistake onYour Statement If you thinkthere is an error on your statement, write to us at: American Express PO Box 981535 EI Paso TX 79 998-1 5 35 In your letter, give usthe following inforrnation: • Accountinfomlation:Yournameand account number. • Do/taramount:Thedollaramountofthe suspected error. • Description ofprob/em:lfyouthinkthereis an erroron yourbill, describewhatyou believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days aftertheerrorappearedon your statement. • Atleast3businessdaysbeforean automated payment is scheduled, ifyou wantto stop payment on the amount you think is wrong. You must notify us ofanypotentialerrors in writing. You may callus, but ifyou do we are notrequired to investigate anypotential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days ofreceiving yourletter, we must tell you thatwe received yourletter. Wewill also tell you if we have already corrected the error. 2. Within 90 days ofreceiving yourletter, we must eithercorreclthe erroror explain to you why we believe the bill is correct. • Wecannottrytocollecttheamountin question, or report you as delinquent on that amount. • The chargeinquestionmayremainonyour statement, and we may continue to charge you interest on that amount. • Whileyoudonothavetopaytheamountin question, you areresponsible forthe remainderof your balance. • Wecenapplyanyunpaidamountagainsi your creditlimit. Afterwe finishourinvestigation, one oftwo things will happen: • Ifwemadeamisfake :Youwillnothaveto pay the amountin question or any interest or otherfees relatedto that amount. • If we do notbelieve there was a mistake You will have to pay the amount in question, along with appliceble interest and fees. W e will send you a statement of the amount you owe andthe date payment is due. We may then report you as delinquent if you do not pay the amountwe think you owe. If you receive ourexplanation butstill believe your bill iswrong, you mustwriteto uswithin 10 days telling us that you still refuse to pay. If you do so, we cannotreport you as delinquent without also reporting thatyou are questioning yourbill. We musttell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matterhas been settled between us. If we do notfollow all of the rules above, you do notha ve to pay the first $50 of the amount you question even if yourbill is correct. If you are dissatisfied withthe goods or services that you have purchased with your credit card, and you have tried in good faith to correctthe problem with the merchant, you may havetherightnotto paylheremaining amount due onthepurchase. To use this right, all ofthefollowing mustbe true: 1. Thepurchasemusthavebeenmadein your home state orwithin 100 miles of your current mailing address, and the purchase price musthavebeen morethan $50. (Note: Neitheroithesearenecessaryif your purchase was based on ~ advertisement we mailed to you, or ifwe own the company that sold you the goods or services. ) 2. You must have usedyourcreditcerdfor the purchase. Purchases made with cash advances from an ATM orwith a chedcthat accesses yourcredit card account do not qualify. 3. You mustnotyethavefullypaidforthe purchase. If all of the criteria above are m et and you are still dissatisfied with the purchase, contact us in writing at: American Express PO Box 981535 EI Paso TX79998-1535 While we investigate, the same rules apply to the disputed amount as discussed above. Afterwe finish our investigation, we will tell you our deasion. Atthat point, ifwe think you owe an amount and you do not pay, we may report you as delinquent. CMAEUACM0000102 Page 9 of 9 Blue from American Express"" s NIKOLAOS C SEITZ Closing Date 08/27/12 New Balance $7,'173.61 Minimum Payment Due $778.00 Includes the past due amount of f706.00 Payment Due Date 09/21/12 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Dare listed above, you may have to pay a late fee of up to 535.00 and your Purchase APR may be increased to the Penalty APR of 27.2496. Minimum Paymrnt Warning: ff 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: If you make no additional charges and each month you You will pay o(f the balance And you will pay an shown on this statement i PaY-• n estimated total of... about. Only the Minimum Payment Due 16 years 10,693 if you would like information about credit counseling services, calf 1-888-733-4139. See page2forimportantinformationaboutyouraccount. See Page 4 for Important Information Regarding Benefits Underwritten by AMEX Assurance Company. D See Page 7 for an important Privacy Notice and the following page for important notices about Your Biliing Rights and Electronic Fund Transfer Error Resolution. p. 119 Account Ending 2-82005 Earn points on all of your purchases, everywhere you use the Card. Visit www.americanexpress.com/rewards ---- nccvunti summery Previous Balance 57,173.61 PaymentsKredits -f0.00 New Charges +f0.00 Fees +f0.00 Interest Charged +f0.00 New Balance $7,173.61 Minimum Payment Due :778,00 Credit Limit (7,300.00 AvailableCredit f t 26.39 Cash Advance Limit 50.00 Available Cash (0.00 Days in Billing Period: 31 Customer Care Pay by Computer am enca nexpress.com/pbc Customer Care Pay by Phonc 1-888-25&3741 1-800-472-g297 See Page 2 for additional information Cor+fTnued on Page 3 ~ Please fold on the perforation bebw, detach and return with your payment i ®Psyment Coupon ~ pay by Computer ~ Pay by Phone Account Ending 2-82005 Do not staple or use paper dips americanexpress.com/pbc 1-800-472_g2g7 Enter account number on all documents. Makecheck payableto American Express. NIKOLAOS C SEITZ • Payment Due Date 5950 HUNTINGTON COMM 09/21/12 ENOLA PA 17025 New Balance 57,173.61 Minimum Payment Due 5778.00 rlllllllllllrllrllrrl~llllrrlllIII+IIIIIIIIIIIII~I~lrllrrlrlrrll Check here if your addressor AMERICAN EXPRESS S phone number has changed. P.O. BOX 1270 Amount Enclosed Note changes on reverse side. NEWARK NJ 07301-1270 DOOD349990729672826 00077,7361000077800 23 r• EXHIBIT ?~ NIKOLAOS C SEITZ Account Ending 2-82005 p. 2/9 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. wi II not be credited to your Account until the next day. Payments must also: {t) include the remittance coupon from your statement (2) be made with a single check drown 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) indude your Account number. If your payment does not meet all of the above requirements, crediting maybe delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in U5 dollarsand clearablethrough the U5 banking system. M we accept payment in a foreign currency, we will convert it into US ddlars at a conversion rate that is acceptable to us, unless a particular rate is required bylaw. Please do not send post-dated checks as they will be deposited upon receipt Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electron'tcallywithdrawyour paymentfrom yourdeposit or other asset account. We wiB process checks electronitaNy by transmitting the amount of the check, routing number, account number and check serial Humberto yourfinancial institution, unlessthe check is not processableelectronicallyora lesscostlyprocess isavailable. When we pro~ck a our check electronitaNy, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your 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 assetaccount for the amount of the check (2) By using Pay By Computer, Pay By Phone or arty other electronic payment service of ours, you give us permission to elearonicallywithdraw funds from the deposit ar 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 (induding 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 tomputation method and how res ulti ng interest charges are determined. The method we use ro figure the ADB and interest results in doifycompourrdingol interest. Paying Interest Your due date is at least 25 days after the close of each billing period. We wilt 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 disdosed) balance transfers beginning on the transaction date. Foreign CurrengrCharges: HyoumakeaChargeinaforeigncurrengr,wewillconvertitintoUSdollarsonthedateweorouragentsprocessit We will charges fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required bylaw. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identifyfrom customary banking sources on the conversion date orthe prior businessday. This rate may differfrom rates in effect on the dace of your charge. Charges converted by establishments(such asairlines) wiR be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. H 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 S 1.00 or more. Credit Reporting: We may report infomtation about your Account to Uedit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report New York resfdenu 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 Cave & Billing Inquiries International Collect Large Print b Braille Statements Express Cash 1-888-BLUE-741 1-888-258-3741 1-336-393-1111 1-888-BLUE-741 1-688-258-3741 1-B00{ASH-NOW Hearing Impaired TTY: 1-800-221-9950 FAX:1-800.695-9090 In NY:1-800-522-1897 Website: americanexpress.com Mobile site: amexmobile.com Customer Care & Billing Inquiries Paymenu P.O. BOX 981535 P,O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Change of Address K correct on hoot, do not use. • Tochange yoursddress online, visitwww~mericane~ress.comlupdatecontaRinfo • For Name, Company Name, and Forego Address or Phone changes, please rail Curtomer Care • Please print dearly in blue or black ink only in the txnces provided. . Street Address j I ~~ - j- -1,-- ~~ ~ ~ - _____ - ..1_ _ -.~_ ~'~~ i_ .. i I __J i City, State ~ ~ , I -7---'~ j i T--^-~ ' ~ Zip Code ` i I Area Code and Home Phone ~~-!- ~ i _ _ _ i ' , Wo kCPhone~d I , __ ~ i i Pay Your Bill with AutoPay • Avoid late fees • Save time Oeduct your payment from your bank account automaticallyeach month Visit americanexpress.com/autopsy today to enroll, Fa information on how we proted your wfvaty and to set your commun"rcaYgn and privacy choices, please visit wrvaY.ameriwnexpresssom/privacy. Bfue from American Express"' p. 3/9 NIKOLAOS C SEITZ Closing Date 08/27/12 Account Ending 2-82005 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. Amount Total Fees for this Period 50.00 Interest Charged Amount Total Interest Charged for this Period 50.00 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 f25.00 Toiallnterestin 2012 _ 5331.13 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual BalanceSubjed Interest Percentage Rate tolnterestRate ~ks...e Purchases 7.9996 f0.00 50.00 Cash Advances 7.9996 f0.00 50.00 Total $0.00 NIKOIAOS C SEITZ Account Ending 2-82005 p. 419 Blue from American Express"' Notice of Change to Your Travel Accident Insurance Policy We are making bnportant Changes to your insurance poNcies ('Pollcies~ underwritten by AMEX Assurance Company. We are increasing the age limit for dependents covered by the Travel Accident Insurance for Cardmembers in the following states: DC, HI, ID, IN, tA, MA, NY, and YA. The age limd varies by state. For PA residents, the general terms of your coverage have been revised to include provisions required in your state. Please refer to the Riders for each applicable state. This change becomes effective on the date indicated below, whether or not you receive a bitting statement. This Notice formally amends your Poicies, and any contrary or conflicting language In those Policies is replaced fulty and completely. All terms of the Policies not amended herein remain in full force and effect. You should carefully review these changes, share them with any Additional Cardmembers on your Account, and then keep this Notice for future reference. If you have questions regarding this Notice, please call the telephone number listed on the back of your American Express Card. AppNcable for Residents of the states of Idaho, Virginia, DC, Hawaii, and Massachusetts for Travel Accident Insurance: The definition of Covered Person from the DEFINCf10NS section is replaced with the following: Covered Person means the Basic Cardmember, each Adddional Cardmember, and each of these Cardmember's spouses or Domestic Partners and dependent children under 26 years of age (dependent children include: your unmarried, dependent children under 2fi years of age who rely on You for support and maintenance, your unmarried dependent children 26 years or older who because of a handicap condition that occurred before the attainment of the IimRing age, are incapable of self-sustaining empbyment and dependent upon You for lifetime care and supervision. Coverage wi0 be extended for as long as such child is inxapacitated, unmarried and dependent.). TAI-RDR1-Multi OM10, TAI-RDRI-DC 04l11,TAl-RDRI-HI OT/10 and TAi-RDRI-MA 11/10. Applicable for Residents of the state of Flawaii for Travel Accident Insurance: Domestic Partner means persons o! the same or opposite gender who have entered into a reaprocal beneficiary relationship pursuant to Hawaii statutes. TAI-RDRf-HI 07/10 AppCicable for Residents of the state of Indiana tot Travel Accident Insurance: - The definition of Covered Person from the DEFINITIONS section is replaced with the folowing: Covered Person means the Basle Cardmember, each Additional Cardmember, and each of these Cardmember's spouses or Domestic Partners and dependent children under 26 years of age {dependent chlldren include: your dependent ch~dren under 26 years of age, your deperuient children 26 years or older who because of a handicap conddion that occurred before the attainment of the limiting age, are inwpaWe of sent-sustaining empbyment and dependent upon You for lifetime care and supervision, Coverage will be extended for as long as such child is incapacitated, unmarried and dependent.). TAI-RDRI-IN 07!10 AppEicable for Residents of the state of Louisiana for Travel Accident Insurance: The definition of Covered Person from the DEFINITIONS section is replaced with the following: Covered Person means the Basic Cardmember, each Additional Cardmember, end each of these Cardmember's spouses and dependent chlldren under 26 years of age (dependent children include: your dependent chldren under 26 years of age who rely on You for support and maintenance, your dependent chidren 26 years or older who because of a handicap conddion that occurred before the attainment of the limiting age, are incapable of self-sustaining employment and dependent upon You for lifetime care and supervision. Coverage wilt be extended for as long ~ such child ifi incapacitated and dependent.). The de0nltion of Domestic Partner IS hereby removed from the Definitbns section of the Description of Coverage. Additionaty all references to Domestic Partner are hereby removed from the Description of Coverage. By Tale Date TAI-RDRI-l.A 10/18/10 Applicable for Residents of the State of Massachusetts for Travel Accident Insurance: The following is hereby added to and made part of the Description of Coverage: This Pdicy, alone, does not meet Minimum Creditable Coverage standards and will not satisry the individual mandate that you have health insurance. As of January 1 2009, the Massachusetts Health Care Reform Law requires that Massachusetts residents, eighteen (t8) years of age and older, must have health coverage that meets the Minirrwm Creditable Coverage standards set by the Comrnonwealth Health Insurance Connector, unless waived from the health insurance requirement based on affordability or individual hardship, For more information call the Connector at 1-877-MA~NROLL or visit the Connector websi[e (www maheatthcorxreetor oral, This plan is not intended to provide comprehensive health care coverage and does not meet Minimum Creditable Coverage standards, even if it does include services that are not available in the insured's other heath plans. TAI-RDRI-MA 11110. SAT82 B P/AACTAIO/0812 Blue from American Express"'' b NIKOLAOS c sEITz Closing Date 08/27/12 p. 519 Account Ending 2-82005 AppNcable for Residents of the state of New York for TravN Accident Insurance: The definition of Covered Person from the DEFINITIONS section is replaced with the fdlowing: Covered Person means the Basic Cardmember, each Additional Cardmember, and each of these Cardmember's spouses or Domestic Partners and dependent children. Spouse indudes the person to whom you are married, including your same-sex partner in your marriage that was legally performed in another jurisdir~on. Dependent children includes: 1. Unmarried, dependent children under age 29 who rely on the insured for support and maintenance; 2. Unmarried dependent children 29 years or older who, because of a handicap condition or disability that occurred before the attainment of the limiting age, are incapable of se83ustaining employment and are dependent upon a parent w other care provider for lifetime care and supervisron. Coverage wttl txe extended for as long as such child is incapacitated, urunarried and dependent. 3. Natural, adopted and stepchildren of the insured who are chiefly financially dependent on the tttsured for support and maintenance, and 4. An adopted child or a child in the custody of the assured pursuant to an interim court order of adoption vesting temporary care Of the child in the insured, regardless of whether a fatal wrier granting adoption is upirnately issued. The definition of Domestic Partner from the DEFINITIONS section is replaced with the fdkrwing: "Domestc Partner means persons of the same or oppostte gender who can provide Us with proof of the domestic partnership and financial interdependence in the form of: A.Registration as a domestic partnership inklicating that netther individual has been registeretl as a member of another domestic partnership within the last six months, where such regisUy exists, ar B.For partners residing where registration does nd exist, by an attemative affidavit of domestic partnership as fdlows: t.The affidavit must be ntrtarized and must contain the following: a. The partners ors both eighteen years of age a older and are mentally competent to consent to contract. b. T11e partners are not related by blood in a mariner that would bar marriage under laws of the State of New York c. The partners have been living together on a continuous basis prior to the date of the application; and 2.Proof of cohabitation (e.g., a driver's license, taz return w dher sufrxtient proof); and 3.Proof that the partners are financially interdependent. Two w more of the fdlowing are collectively sufficient to establish financial interdependence: a. A joint bank account; b. A jdM credtt card or charge card; c. Joint obligation on a loan; d. Status as an authorized signatory on the partner's bank aocouM, credit card or charge card; e. Joint ownership of holdings or investments; f. Joins ownership of residence; g. Jdnt ownership of real estate other than residence; h. Listing of bdh partners as tenants on the lease of the shared residence; i. Sharetl rental payments of residence (need not be shared 50150); j. Liking of bdh partners as tenants on a tease, or shared rental payments, for property other than residerure; k. A common household and shared household expenses, e.g., grocery btls, utility bills, telephone bilb, etc. (need not be shared 50/50}; I. Shared household budget for purposes of receiving government benefRS; m. Status of one as representative payee far the other's government benefits; n. Jdnt ownership of major items of personal property (e.g., appliances, fumtture); o. Joint ownership of a motor vehicle; p. Joint responsidlity for child care (e.g., school documents, guardianship}; q. Shared child-care expenses, e.g., babysitting, day care, school bills (need not be shared 50!50); r. Execution of wills naming each other as executor arxUw beneficiary; s. Desgnation as beneficary under the other's hie insurance policy; t. Designation as beneficary under the other's retirement benefits account ; u. Mutual grant of durable power of attorney; v. Mutual grant d authority to make health care decisions (e.g., health care power of attorney); w. Affidavit by credttor or other individual able to testify to partners' tnancial interdependence; x. Other ttem(s) of proof sufficient to establish economic interdependency under the circumstances of the particular case. The EXCLUSION section is removed and replaced wtth the fdlowing: EXCLUSIONS This Poicy does not cover any loss caused or contributed to by, directly or indirectly, wholly or partially: 1 suicide, attempted suicide or intentionaUyrelf-inflicted injury; 2. war or any act of war, whether declared or undeclared; participation in a felony, riot or rrtsurrection; service in the Armed Forces or units auxiliary thereto; 3. Injury in which a contributing cause was the Covered Person's commission of or attempt to commit a felony w to which a contributing cause was the Covered Person's being engaged in an illegal occupation; 4, sickness, except for an infection that was the result of an Injury; 5. mental or emotional tfiswder; fi. pregnancy, except complications of pregnancy and except to the extent coverage is requrced pursuant to Section 3221 of the New York Insurance Law; or 7. the consequence of the Covered Person's being Intoxicated or under the influence of any narcotic unless administered on the advice of a Physician. The following items are hereby removed from the TERMINATION or CANCELLATION section: the date the Covered Person no longer maintains a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands; the date We determine that the Covered Person or someone on the Covered Persons' behalf intentionally misrepresented or fraud occurred; and replaced with: the date We determine that the Covered Person ar someone on the Covered Persons' behalf intentionally misrepresented or fraud occurced in a written instrument signed by the Covered Person; TAI-RDR2-NY 06!11 Applicable to residents of the state of Pennsylvania for Travel Accident insurance: The Description of Coverage section is removed and replaced with the fopawing: For Accidental Death the Company will pay the applicable benefit amount as determined from the Table of Losses for the benefits listed below if a Covered Person suffers a lass from an Injury while coverage is in force under the Policy. For Dismemberment the Company wilt pay the applkable beneftt amount as determined from the Table of Losses for the benefits listed below if a Covered Person suffers a loss from an Injury while coverage is in force under the Policy if such loss okxurs within 100 days after the date of the Accident which caused the Injury. Benefits will be paid for the greatest loss. In no event will the Company pay for more than one loss sustained by the Covered Person as the resuR of any one Axident. TAIRDRt0fi12PA SAT82 B P/AACTAIO/0812 NIKOLAOS C SEITZ Account Ending 2-82005 p.6l9 Blue from American Express"" m NIKOLAOS C SEITZ Closing Daie 08/27/'! 2 An Important Notice Concerning Cardmember Privacy p. 719 Account Ending 2-62005 This Privacy Notice is addressed to United States holders of personal American Express Charge Cards or accounts, Optima Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business charge and credit cards from OPEN from American Ezpress. This Notice explains how we collect, use and safeguard information about you and how to limit the use and disGosure of your information. In this Notice, "American Express," '1ue," "our," and "us" refer to American Express Trevel Related Services Company, Inc., American Express Centurion Bank and American Express Bank, FSB. These entities are "Affiliates" of each other, which are companies in the American Express family that are related to each other by common ownership or control. Our Affiliates also include publishers, travelers cheque issuers, travel agents and providers of Card-related insurance services. The cards and accounts that we issue are called "Cards" or "Card accounts." Holders of those Card accounts are called "Cardmembers" or "you(r)." What Information Do We Collect? We obtain information about you from a variety of sources. You provide us with information about yourself, for example, by completing Card applications. This inGudes your name, address, social security number, and income and asset information. Your use of the Card and your other transactions with us and our Affiliates provide us with additional information, such as your spending and payment history. Other sources, such as credit reporting agencies and providers of marketing information, furnish us with additional information about your credit history, purchasing preferences, and other matters. We also obtain information about you in connection with ourefforts to protect against fraud. 1Ne call all of this information "Cardmember Inforrnation." What Do We Do with Cardmember Information? We use Cardmember Infom-ation in connection with delivering products and services to you. To do this it is often necessary to share it with our Affiliates and other companies we work with. These include companies that manage Cana accounts, offer affinity, frequent-user, and reward programs, companies that perform marketing services and other business operations for us, and companies whose products or services are provided as a benefit of your Card account. We may also share Cardmember Information with other financial institutions with whom we jointly offer products and services. And we may disclose it to other third parties as permitted by law. For example, we disclose Cardmember Information in response to subpoenas, to credit reporting agencies, and to help prevent fraud. Information We Share with Our Affiliates You can inform us not to share with our Affiliates credit-related information (except as permitted by law}, such as your credit history as shown on a consumer report. If you make this choice, we are permitted by law to share with our Affiliates information about our transactions and experiences with you, such as your payment history. Valuable Partner Offers We work with carefully selected business partners, such as merchants that accept the Card, so that you may receive offers for their products and services. We use Cardmember Information to help make these offers mare relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a Cardmember, and that you met the qualifications established for the offer. You can inform us not to send you these offers. Your Choices Please let us know if you do not want us to use your Cardmember Information to communicate with you about offers, including exclusive partner offers and offers from our Affiliates, by mail, telephone and/ar a-mail, or share your credit-related information with our Affiliates, by visiting us at: www.americanexoress.comlcommunications. You can also inform us of your choices (except for a-mail communications) by calling us at 1-800-297-8378. If you make these choices, you may not learn about products, services and features, incuding discounts and other special offers, we believe may (xx of interest to you and add value to your Card membership. If you have other Card accounts with us, you wilt receive additional privacy notices that apply to those accounts. Please note that any choices you make will only apply to this account If you are the primary Cardmember on your Card account, any choices you make in accordance with this Notice will also apply to any other Cardmember on this acxount {except for e-mail communications). If you make choices not to receive offers as indicated above, we may still inGude notices and information about the Card and other products and services when communicating with you about your Card account and related products and services. Information Security We use reasonable administrative, technical and physipl security measures to protect your Cardmember Information. Former Customers If you cancel your Card, or your Card account{s) are closed, we will continue to treat and safeguard Cardmember Information about you as described in this Notice. For Vermont Cardmembers Only If your Card account has a Vermont billing address, we will automatically treat your account as if you had informed us not to share your credit-related information with our Affiliates. SPC30 BP/PRVCCSG/0310 NIKOLAOS C SEITZ Account Ending 2-82005 p. erg Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsiblflties under the Fair Credit Baling Ad. What To Do If You Find a Mistake on Your 5latemenl If you think there is an error on your statement, write to us at PO Box 981535, EI Paso TX 7999&1535. In your letter, give us the following information: • Account MformatYon Your name and account number. • Dottaramount The dollar amount of the suspected error. • Description ofprobdem If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Wdhin 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is st~teduled, It you ward fo stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but it you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Wdl Haoaen After We Receive Your Letter When we receive your letter, we must do two things: 1. Wdhin 30 days of receiving your letter, we must teN you that we received your letter. We will also felt you it we have already corrected the error. Z. Within 90 days of receiving your letter, we must either Correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error. • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. - Wtule you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • H we made a mistake: You wi# not have to pay the amount in question or any interest or other fees related to that amount. • rf we do not believe there was a mistake: You will have to pay the amount In question, abng with appiicabte interest and tees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must wrke to us within JO days telling us that you still refuse to pay. If you do so, we cannot report you as delinquem without also reporting that you are questioning your btll. We muss tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when tha matter has been settled between us. If we do not fellow all of the rules above, you do not have to pay the first S50 of the amount you question even it your bill is Corned. Your Rights H You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must he true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than 550. (Note: Neither of these are necessary if your purchase was based on an atlvertisement we mailed to you, or ff we own the tympany that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit Card account do not qualiy, 3. You must not yet have fully paid for the purchase. If atI of the criteria above are met and you are stip dissatisfied with the purchase, contact us in writing at PO Box 981535, EI Paso TX 7999&1535. Whie we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will feu you our decision. At that potrrt, if we think you owe an amount end you do not pay, we may report you as delinquent. SPC30 - BP/PRVCCSG/0310 Blue from American Express''" NIKOLAOS C SEITZ Closing Date 08127/12 p. 919 Account Ending 2-62005 Annual EFT Error Resolution Notice This notice is to inform you about how you should notify us a1 errors or questions regarding any electronic fund transfers you initiate using your American Express Card, including Express Cash transactions, or electronic payments you make to Amerign Express using Pay By Phone, Pay By Computer, or any other American Express eledrortic payment service. Incase of errors or questions about your Electronic Transfers, please wntact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. You can telephone us at 1-800-IPAY-AXP for Aay By Phone and Pay By Computer questions, and at i-800-CASH-NOW for Express Cash and Automatic Payment questions. Alternatively, you may write to us at American Express, Electronic Funds Services, P.O. Box 981531, EI Paso, TX 79998-1531, or cor-tad us online at www.amerignexpress.comtinquirycenter. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or question arose. When you contact us, please provide the Tollowing information: (1) Your name and card aeeoumt number. (2) Description of the error or the transfer you are unsure about. Explain as dearly as you can why you believe it Is an error or why you need more information. (3) The dollar amount of the suspected error. If you notify us by phone, we may require that you send us your complaint or question in writing within 10 business days of the call. We will determine whether an error occurred within 10 bus'xress days and will coned any ertor promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. It we decide to do this, we will credit your bank account within 10 business days for the amount you chink is in error, so that you will have the use of the money during the time it takes us to complete our investigation. It we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving point-of-sak or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our irnestigation. If we have credited your bank account and there was no error, we wtil tell you when we will witttdraw that amount from your bank account again. You authorize us to withdraw this amount from your bank account. tf your bank account does not have enough funds to cover this withdrawal, we can charge the amount to your wrd account or tolled the amount from you. If this happens, we may cancel your right to use our electronic transfer services. SPC30 BP/PRVCCSG/0310 Verification (Name of authorized representative) ASSISTANT Cl1STC)~~i,~~,;: ~F ~2~I~t~i~I~S is (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:. OV $ ~~- 168123 Nikolaos Seitz Account number ending in 82005 1201 i (signature of authorized representative)