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HomeMy WebLinkAbout13-1054COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank Plaintiff v. CARLOS VAZQUEZ Defendant No. 13 - 130025.001 NOTICE TO DEFEND ~vsy C«~l. ~_- ~... T~~ f~l CA ...,•, :~ = ", ~::; . . ~~~ --~ ;~ K;,.~ N crt {= -~ .;~ ,. %~l -~.~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717-249-3166 C.J ~la3.7s ~d.~4{~~ ~~. 3/Yf3 R~ a~4y7 I do hereby certify that the within is a true and correct copy of the original filed in this action. ~~ ~_ Demetrios H Tsarouhis COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff v. No. CARLOS VAZQUEZ, Defendant • 130025.001/ COMPLAINT Plaintiff, American Express Bank FSB, a Federal Savings Bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Bank FSB, a Federal Savings Bank, ("Plaintiff') is a UT business corporation having its corporate offices at 4315 S 2700 W, ,Salt Lake City UT 84184. 2. Defendant, CARLOS VAZQUEZ , is an adult individual resident of Pennsylvania who maintains an address at 107 JUNE DR ,CAMP HILL PA 17011. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in * * * * * * * * * * * 2009. 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 6. Defendant used the credit card with account number ending in * * * * * * * * * * * 2009, for 2 purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit "B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on or about 03/12/2012 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $5,318.78. 11. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $5,318.78 due on the account; b) Costs of suit; COUNT II Alternative to Count I -Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 13 . At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 14. Defendant received and accepted the benefit of said credit provided by Plaintiff. 3 15. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 18. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $5,318.78. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $5,318.78 due on the account; b) Costs of suit. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9th Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 18, 2013 130025.001 4 FDR 974883 CD 258 E Welcome to American Express Cardmembership This document and the aaompanying supplement(s) constitute your Agreement. Please read and keep this Agreement. Abide by its terms. When you keep, sign or use the Card issued to you (including any renewal or replacement Cards), or you use the amount associated with this Agreement (your Aaounl"), you agree to the terms of this Agreement. 'fhe words °you;"`your" and "yours" mean the person who applied for the Account and the person to whom we address billing statements, as well as any person who agrees to be liable on the Account. The "Basic Cardmember" is the person who opened the Account. At your reyuest, we may also issue a Card nn your Accnunl to another person (an "Additional Cardmember").The term "Card" refers to the American Express' Card issued to you, all other Cards issued on your Account, and any other device (such as Aaount numbers and convenience checks) with which }'ou may access your Account. "We; "our" and "us" refer t.. American Express Bank, FSB, the issuer of your Account. Using the Card You may use the Card to obtain goods and services from any person who accepts the Card ("Purchase(s)"). You may also use the Card to obtain loans ("Cash Advance(s)") through various means we may make available (e.g„ ATM machines) up to the applicable limits on your Account. At our discretion, we may permit you to transfer balances iiom other accounts to your Aaount ("Balance 'T'ransfer(s)"). At our discretion, we may issue convenience checks that you can use to aaess your Account Bach convenience check may be used only by you. You may not use convenience checks to pay any amount you owe under this Agreement or to pay any other account you have with us or our affiliates.l'ransactions ynu make fn response to promotional offers from us will be subject to the terms of the promotion and this Agreement. All amounts charged to your Account, including }'urchases, Cash Advances, Balance'lYansfers, convenience checks, annual feels}, if any, any amounts guaranteed by use of the Card, other tees, and any Finance Charges, are "(:barges:' A convenience check that we identify as having been made payable to cash, to you, or to a bank, brokerage or similar asset account will he treated as a Cash Advance. Any other convenience check andlor a Balance'liansfer will be treated as a Purchase, except as otherwise noted. If you make a Purchase or a Balance 'transfer, ar use a convenience check, that is governed by a promotional offer from us, the Charge will be included in a Promotional Balance, unless we notify you otherwise. You agree not to let any person use a Card except a Cardmember whose name is on it. You agree to notify us if the Card is lost or stolen, or you suspect that it is being used without your permission. You agree to use the Account only for Purchases, Cash Advances, or Ilalance'1'ransfers that are lawful and are permitted under this Agreement. We may issue you renewal or replacement Cards before a previously issued Card expires. If you or an Additional Cardmember authorize a third party to bill Charges on a recurring basis to your Account ("Kecurring Charge(s)"), we may (but are not reyuired to) provide such third party with your current Account status, Cazd number andlor expiration date to permit that third party to continue billing your Account. We may take such steps even if your account number changes or if we issue a renewal or replacement Gard to you or an Additional (ardmember'to withdraw authorization for a Recurring Charge, you must notify the third party. Annual free Classic'fhe annual fee for the Account is $55. Gold: The annual fee for the Account is $95. Platinum:l'he annual fee for the Account is $150. Credit Line A portion of your credit tine may be available to you for (:ash Advances up to your Cash Advance limit. We may, at any time and in our sole discretion, increase andlor decrease your credit line and Cash Advance limit. We may limit Charges at an Cardmembers, a total of $2,500 in any seven-day period for Gold Credit Cardmembers, a total of $3,500 in any seven-day period for Platinum Credit Cardmembers or (ii}the remaining amount of the Cash Advance limit on your Account; and we may impose additional limits at our sole discretion (in addition to any limits imposed by the A`TM's owner). Your billing statements will show your credit line and Cash Advance limit and the unused portions of such line and limit as of the statement date. You agree to manage your Account so that your balance for Cash Advances (including fees and Finance Charges) w ill not exceed the Cash Advance limit and your overall balance (including tees and Finance Charges) will oat exceed your a~edit line. You agree to pay us, immediately upon reyuest, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline any attempted Charge, even it the Charge would not cause you to exceed your credit line or limit. We are not responsible for any losses or other conseyuences it a trans action nn your Account is not approved for any reason, even if you have sufficient credit available. Except as otherwise required by applicable law, we will not he responsible if any merchant refuses to honor the Card or for any other problem you may have with a merchant. Premise to Pay You promise [o pay all Charges, including Charges incurred by Additional Cardmembers, on your Account. This promise includes any Charge for which you or an Additional Cardmember indicated an intent to incur the Charge, even if you or the Additional Cardmember have not signed a charge form or presented the Card. You also promise to pay any Charge incurred by anyone that you or an Additional Cardmember let use the Card, even though you have agreed not to let anvone else use the Card. Status of and Responsibility far Additional Cardmembers Additional Cardmembers do not have amounts with us. Instead, they are authorized users on your Account, and the Cards issued to them may be cancelled by you or us at any time. You must notify us to revoke an Additional Cardmembers permission to use your Accnunl. You are responsible under this Agreement for all use of your Account hp the Additional Cardmembers, and by anyone else you or an Additional Cardmember lets use the Card, and the Charges they incur will be billed to you. You have this responsibility even if you did not intend for an Additional Cardmember, or other person, to use the Card for any transactions. An Additional Cardmember is not liable for Charges incurred by the Basic Cardmember or by other Additional Cardmembers. However, by each use of the Additional Card to incur Charges, the Additional Cardmember indicates his or her agreement to pay us For the Charge if you fail to or refuse to pay i[, and we may, at our discretion, pursue Additional Cardmembers for payment of Charges they incur or authorize. You authorize us to provide Account information to Additional Cardmembers and to discuss the Account with them. You agree to notify each Additional Cardmember, at the time he or she becomes an Additional Cardmember, that we may receive, record, exchange and use information about him or her in the same manner we do with information about you, as described below in the Consumer Reports,'lelephone Monitoring/ Recording, and Suspension! Cancellation sections of this Agreement You agree. to notify each Additional Cardmember that Additional Cardmembers are subject to all applicable provisions of this Agreement. Billing Statements You must notify us immediately of any change in the mailing or a-mail address to which we send billing statements or notices that a billing statement has been posted ("Billing Address"). If you wish a Billing Address change to apply to more than one account you maintain with us, ynu must tell us. You agree that we may also update your Billing Address if we receive information that your Billing Address has changed or is incorrect. 1'he "Necv Balance" appears on your billing statement. 'lb period, called the "Previous Balance' on the billing s1 We add any Charges, subtract any credits or payment as of that billing period, and make other applicable adjustments. Minimum .Amount llue F,ach billing statement will reflect a Minimum Ar llue. Payment is due by the time and date shown anc manner prescribed nn the statement. 1'he Minimum I)ue will not exceed the New Balance. You may pay n the Iviinimum Amount Due, up to the entire outstan< balance, at any time. 1o calculate fhe Minimum Amc we add together the following amounts, round there: nearest whole dollaz, and then add any amount past c (1) the greatest of: (a) 29'° of the New Balance (excluding from the Balance any late fees or over-limit Eees); (b} the lesser of: (i) current billed Finance Charges plus 1°~ o Balance (excluding from fhe New Balanc fees or over-limit fees and finance charge (ii} ~}~, of the New Balance; or (c} $15; (2) any over-limit fees added during the billing pf (3) any late fees added during the billing period. Adjusted Minimum Amount Due Summary: If you consistently pay more than the Minimum Amount llue outlined above, we may rata minimum payment without any late fees or the addit of the balance referenced in (1)(b)(i). If we do this, a finance charges are more than 2°jo of the balance, we $15 to your minimum payment For information abc this works, read the detailed description below. Detailed Description: We may adjust the outline calculation above by removing the late fees in (3}and of the New Balance" in (1)(b)(i). In the adjusted calc we will exclude only the over-limit fees from the New in (1)(a). After [he adjustment, if (1) is eyual to the c billed Finance Charges, we will increase your Minimt Amount Due by $15. We will apply the adjusted calculation to your An • the sum of your payments (credited to your Acc the six consecutive billing periods ending with Closing Date of the current billing period) is gr the sum of the Minimum Amounts Due (forth consecutive billing periods ending with the Ch of the previous billing period, not using the adj calculation and including the amount past due the first of those six periods); . the sum of the Minimum Amounts Due is equal sum of your payments and it is less than or eyu • the sum of the Minimum Amounts Due is zero ; used the adjusted calculation in the last billing when your Minimum Amount Due was not zet • it is the first billing period ending on or after Nc 16, 2007, and your Account was opened before If we adjust your Minimum Amount Due, we will at least six billing periods, and if we stop adjusting ye Minimum Amount Due, we will not adjust it again fo six billing periods, regardless of your payment histor Payments All payments must be sent to the payment addres on your billing statement and must include the remit coupon from your billing statement. You must pay us currency; with a single draft or check drawn on a U.S payable in U.S. dollars, or with a negotiable instrume in U.S. dollars and clearable through the U.S. banking or through an electronic payment method clearable t the U.S. banking system. Your Account number must included on or with all payments. If we decide to acct payment e u choose a at is ac • ble to us co your rem' ula reyuired bylaw. statement will be credited to your Account as of the day received; payments rnnforming to the above reyuirements that we receive after the hour specilied nn your billing statement will he credited to your Account as of the following day. A delay in delivery of your billing statement does not extend your grace period, if any. Regardless of when you receive your billing statement, your payment must be received by us by the Payment llue Uate and time shown on your billing statement. If payment does not conform Gt the reyuirements stated above, crediting may be delayed. If this happens, additional Charges maybe imposed. We may accept late payments, partial payments or any payments marked as being payment in full or as being settlement of any dispute without losing any of our rights under this Agreement or under the law. Our acceptance of any such payments does not mean we agree to change this Agreement in any way. You agree that an aaeptance of such payments will not operate as an accord and satisfaction without our prior express written approval. Subject to applicable law, we will apply and allocate payments and credits umarh balances and Charges on your Account in any order and manner deter mined by us in our sole discretion. Inmost cases, we will apply and allocate payments first to balances at lower Annual Percentage Rates ("APRs") and then to higher AI'R balances, and apply purchase credits first to the balance from which the corresponding debit originated. However, tier servicing, administrative, systems or other business reasons, we may apply and allocate payments and credits among balances and to Charges on your Account in some other order or manner that we may determine in our sole discretion. You agree that we have the unconditional right to exercise this discretion in a way that is most favorable or convenient to us. Authorization for EilectroniC Debit to Your Checking Aaount When you provide a check as payment, you authorize us to use information from your check to make an electronic. fund transfer from your aaounl or to process the payment as a check transaction. If we process your check electronically, funds may be withdrawn Irom your bank or asset amount as soon as the same. day we receive your check. Also, if we process your check electronically, you will not receive that cancelled check with your bank or asset account statement. finance Charges A. Finance Chazges begin to accrue for each Charge as of the date the Charge is added to the daily balance, as deuribed below. If payment in full. for any New Balance shown nn the statement for a billing period is credited to your Account by the payment Uue Date shown on that statement, then finance Charges will not aarue for Purchases from the date on which payment in full of that New Balance is credited to your Aaount until the end of the billing period in which such payment is a'edited to your Aaount. In addition, finance Charges will not accrue for Purchases during a billing period if (a) the Previous Balance shown on the billing statement for that billing period is zero m• a credit balance, or (b) payment in full for the New Balance, if any, shown on the statements covering the two immediately preceding billing periods is credited to your Account by the respective Payment Due Dates shown nn those statements. For purposes of this paragraph, Purchases do not include 13alance'fransfers or convenience checks. 13. The Daily Periodic Rate ("DPR') for Purchases and the llPR for Cash Advances are each based on an APR, which may vary.'I'he APR for Cash Advances is the Prime Ra[e plus 17.99"f,. A DPR is 11365th of the APR. Your DPRs and APRs for Purchases appear on the accompanying supplement(s). When an APR changes, we apply i t to any existing balance subject. to that rate. C. Notwithstanding the foregoing, unless a higher rate applies under any other provision, the: APR for all balances except Cash Advances will be equal to the Prime Rate plus 14.9996 if during any Review Period any portion of any Minimum Amount Due is not aedited to your Account by its Payment Due Date. The "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing llate of the current billing period, whether or not you received a statement for each such billing period. D. Notwithstandint*. the foret?oine, the DI'K (and Rate if during the Review Period (i) payment of your Minimum Amount Due is not credited to your Account by the Payment Due Date in any two billing periods, {ii) a payment on your Aaount is not honored by your bank or other financial institution, or (iii) you exceed any designated aedit limit on your Account three or more times. 'Che "Review Period" is the period, constituting approximately one year, of twelve consecutive billing periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. if the lleiault Rate is applied, it will apply to your Account for a minimum of twelve consecutive billing periods, beginning with the current billing period. The Default Rate is a llPR which corresponds to an APR equal to the Prime Rate plus 23.99%. li. 'fhe "Prime Rate" is determined once with respect to each billing period. T'he Prime Rate for each billing period is the Prime Kate published in the Money Rates section (or successor section) o(The WaII Street Journal on (a) the first day of that billing period or (b) the day that is two days prior ur the Closing Date of that billing period, whichever is higher. In each case, if such a day is not a customary publication day for The Wall Street Journal, we will substitute the closest preceding day that is a customary publication day. If 1 ke Wa![ Street Journal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, at' we may substitute a similar reference rate at our sole discretion. Any increase or decrease to an AYR resulting lrom a change in the Prime Rate lakes of feet as of the lust day of the billing period. An increase in the Prime Rate means that the variable APRs (and corresponding DPRs) applicable to your Account will increase and you may incur higher Finance (:barges and may have a higher Minimum Amount Due. ,Yerage llaily Balance Method for Calculation of Finance Charges We use the Average Daily Balance method to calculate Finance Charges nn your Account. Under this method, we calculate the Finance Charges on your Aaount by applying the I)PR to the Average Daily Balance (as described below) separately for each balance subject to Finance Charges. Different periodic rates may be used for different balances. For example, different DPRs may he applied to sepazate balances, such as Purchase, Cash Advance, and Promotional Balances. '1'0 get the Average Daily Balance for each balance, we (1) take the beginning balance for each day (including unpaid Finance Charges from pretrious billing periods), (2) add any new transactions, debits, or tees, (3) subtract any payments or credits credited as of that day, and (4) make any appropriate adjustments. For each day alter the first day of the billing period, we also add an amount of interest equal to the previous day's daily balance multiplied by the DPR for the balance. This gives us the daily balance for the particular balance for that day and the beginning balance for that balance for the. next day. If this balance is negative, it is considered to be zero.'1'hen, we add up all the daily balances for each balance for the billing period and divide the [Dial by the number of days in the billing period. 'Phis gives us the Average Daily Balance for that balance. If you multiply the Average Uai1y Balance for each balance by the number of days in the billing period and the DPR for that balance, the result will be the Finance Chazge assessed on that balance, except for variations caused by rounding.l'he total Finance Charge for the billing period is calculated by adding the finance Charges assessed on all balances of the Account. 'This method of calculating the Average Daily Balance and Finance Charge results in daily compounding of Finance Charges. We may use mathematical formulas which produce equivalent results to calculate the Average Daily Balance, Finance Charge, and related amounts. For example, we may utilize computer programs or other computational methods that are designed [o produce mathematically equivalent results while using fewer and/or simpler computational steps than aze described in this Agreement. At our discretion, we may exclude certain Categories of debit transactions or fees from the calculation of the daily balances. Unless we elect to use a later date, we add a Charge to the daily balance as follows: We add a Cash Advance or Purchase to the appropriate daily balance as of the date of reyuest or the transaction date on the billing statement. We add a convenience check to the appropriate daily balance as of as of the date of the reyuest. We add periodic Finance to the daily balance as described above. We add any c Charge to the appropriate daily balance as of the date transaction. Periodic Finance Charges are added to the outstay balance at the end of the billing period for which Fin: Charges are calculated. In any such billing period, we impose a minimum Finance Charge of $0.50, which added to the balance with the highest APR unless, foy convenience and in our sole discretion, we choose to balance with a lower APR. In our sole discretion, we round any calculations made in determining the Fins Charges on your Account in any way that is convenie Any such rounding may apply to or cause variations i DPRs. late Fees We may assess a Late Pee if a payment of at least t Minimum Amount Due is not credited to your Accot' Payment Due Date.1'he amount of fhe Late Fee depe: amount of the Previous Balance nn the statement on bate Fee appears, as follows: Previous Balance Late Fee Less than $400 $19 $400 or greater $38 Other Pees We may charge the following fees to your Accoun to applicable law. Except as otherwise noted, these fee added to the Purchase Balance. l . Dishonored Payments: We may charge a fee whenever any check, similar instrument, or electroni payment order that we receive as payment nn your A~ not honored upon first presentment. if a Card is presented in connection with cashing an American L'xpress Travel Service Office or other a location and the check is not honored, we may charge $38. (We will also add a Charge to the Cash Advance your Account in the amount of the check that was no honored) 2. Copies of Statements: We may charge a fee o each billing period for which a copy of a billing stater requested. We will not charge this fee for any request of any of the billing statements for the three billing py immediately prior to the reyuest. 3. Account Re-opening Fee: We may charge a r fee of $25 if your Ar;count is cancelled for any reason reyuest reinstatement and such reyuest is honored. 4. Wire Transfers: We may charge a fee of $1 S e wire transfer from your Account is initiated and auth 5. Stop Payment Orders: We may chazge a fee c each time we receive a request to stop payment on a convenience check drawn nn your Account. 6. Over-limit Fee: We may charge a fee of $35 it billing period the New Balance on your statement exr credit line. 7. Convenience Check Usage/Balance Transfe. Transaction Fee: We may assess a transaction fee fot Balance'Itansferancl each convenience check drawn Aaount, as disclosed in the applicable Promotional the materials accompanying the convenience check, r time of the transaction. 'this fee is a Finance Charge assessed, will he added to the same Purchase or Cash balance as the convenience check transaction or Bala 'transfer. For convenience checks made payable to ca: you, a bank, brokerage or similar asset account, howe unless otherwise disclosed in the applicable Promotir in the materials accompanying the convenience chec; time of the transaction, there will be a transaction ter with a minimum of $5. 8. ATM Fee: We will impose a fee each time a C: to obtain cash or any other services from an A'I'M. '1'1 be 3%, of the amount of the cash withdrawn or other obtained (including any additional fee imposed for u Al'M by its operator), with a minimum of $5.'this fe, added to the Cash Advance balance. Suspension 1Cancellatimr In addition to any other actions wr may take und~ Agreement, we may suspend or cancel your Account feature offered in connection with your Account, we reduce your credit line or cash advance limit (includi or cancel the authorization of any Additional Cardmember to make Charges to your Aaount, at our sole discretion at any time, with or without cause, whether or not your Account is in default, and without giving you notice, subject to applicable law. Any such action nn our part will not cancel your obligation to pay all Charges due on your Aaount under the terms of this Agreement in effect at the time of such action or as subsequently amended, and you agree to pay us all such Charges despite any such action. We may advise third parties who accept the Card that the Card(s) issued to yott andlor Additional Cardmembers have been cancelled. [f we cancel the Card or it expires, you may no longer use it and you must destroy it or return it to us or, if we request, to a third party. Il you want to cancel the Account or any Additional Cards, you must notify us and destroy the Card(s). If we agree to reinstate your Account after a cancellation, the new Agreement we send you (or, if we do not send you a new Agreement, this Agreement as it may be amended) will govern your reinstated Account. When we reinstate your Account, we may- reinstate any Additional Cards issued in connection with your Account, and bill you the applicable annual fee(s). Default We may consider your Account to be in default at any time if you fail to pay us any amount when i[ is due, or if you breach any other promise or obligation under this Agreement:. Subject to applicable law, we may also consider your Aaount to be in default at any time if any statement made by you to us in connection with this Account or any other credit program was false or misleading, if you breach any promise or obligation under any other agreement that you may have with us or with any of our affiliates; if we receive information indicating that you are bankrupt, intend to file bankruptcy, or are unable to pay your debts as they become due; or we receive information leading us [o Conclude that you are otherwise not creditworthy. In evaluating your creditworthiness, you agree that we may rely on information contained in consumer reports, and in our discretion we may consider the amount of debt you are carrying compared to your resources or any other of your credit characteristics, regardless of your performance on this Account. We may also consider your Account in default in the event of your death. In the event of your default, and subject to any limitations or requirements of applicable law, we may reyuire payment of a portion of your outstanding balance greater (ban the Minimum Amount Due, declare the entire amount of your obligations to us immediately due and payable, andlor suspend or cancel your Aaount andlor any feature that may be offered in connection with the Account. You agree to pay all reasonable costs,includfng reasonable attorneys fees, incurred by us (1) in connection with the collection of any amount due on your Account, whether or not any arbitration, litigation, or similar proceedings are initiated; and (2) in reasonably protecting ourselves from any loss, harm, or risk relating to any default on your Account. Transactions Made in Foreign Currencies if you incur a Charge in a foreign currency, it will be converted into U.S. dollars on the date it is processed by us or our agents. Unless a particular rate is reyuired by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. (:urrently, the conversion rate we use for a Chazge in a foreign currency is no greater than (a) the highest official conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary banking sources, on the conversion date or the prior business day, in each instance increased by 2.7%. "Phis conversion rate may differ from rates in effect on the date of your Charge Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Benefits and Services Subject to applicable law, we have the right to add, modify or delete any benefit, service, or Feature that may accompany your Aaount at any time and without notice to you. Arbitration Purpose:'I'his Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) may be arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or Controversy between and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements ("Agreements"),except for the validity, enforceability or scope of this Arbitration Provision or the Agreements. I~or purposes of this Arbitration Provision, "you" and "us"also includes any corporate parent, or wholly 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 litregoing, and other persons reierrrd to below in the definition of "Claims" °Ctaim"includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and eyuity. "Claim' also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the Card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) ifand only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other.'I'Ite term "Claim°is to be given the broadest possible meaning that. will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the Agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or srrvias financed under any of the accounts or the. terms of financing, (c) the benefits and services related to Cardmembership (including fee-haled or free benefit programs, enrollment services and rewards programs), and (d) your application for any account We shall not elect to use arbitration under the Arbitration Yrovisivn for any Claim that you properly file and pursue in a small claims court of your stale or municipality so long as the Claim is individual and pending only in that rnurt. Initiation of Arbitration ProceedinglSelection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "(:ode"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either the National Arbitration Forum ("NAP") or [he American Arbitration Association ("AAA'), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 days alter you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other infra mation about these organizations, contact them as follows: • NAP at 1?0. Box 50191, Minneapolis, MN 55.105; website: www.azbitration-lorum.com. • AAA at 335 Madison Avenue, New York, NY 10017; website: www.adr.org. Significance of Arbitration: IP ARBI'T'RATION IS CHOSEN BY ANY PAR'T'Y WPfH RESPECT' TO A CLAIM, Nfil'1'IiER YOU NOR Wli WILL, HAVE'I'Hli R[GH'I' TO LI'1'[GA1'I:'1'I-IA1' C[,AIM IN COURT OR HAVI: A JURY'1'RIAI, ON THAT CLAIM. FURTH1iR, YOU AND WE 1NILL NOT HAVL' THii RIGHT TO PARTICIPACG [N A RIiPRESI:N'1'A'fIV[: CAPACITY OR AS A MEMBER OP ANY CLASS OP CLAIMANTS PIiR1'A[NING TO ANY CLAIM SUBJIiC7" 1'0 AKBI'I'RA'L'R)N. EXC1iP'I' AS SL'1' POR1'Ii BELOW,'1'HE ARBIT'RATOR'S DECISION WII,I. Eli FINAI. AND BINDING. NO'fE'I'HA'f O'CHF,K RIGH'1'S'1'HAf YOU OR WE WOULD FIAV"E IF YOU WEN'1" 1'O COURT ALSO MAY NO'f Eli AVA[hABLI:IN AR13I'I'RA'I'[ON. Restrictions on Arbitration: IP EI'C}IIiIt PAR'T`Y F,LI?C'1'S l'O RESOLVE A CLAIM BY ARBITRATION, T'HA'f CLAIM SHALI. Eli ARBIT'RAl'F.D ON AN IND[VIDUAI. BASIS. 'CHEAP. SHAI,h Bli NO RIGII'I' OR AU'l'HOR[1'Y POR ANY CI,A[MS'I'0 BF. ARBPCRA'IED ON A CLASS ACTION BASIS OR ON BAS1;S ]NVOIAING CLAIMS BROUGHT IN A PUKPURT'I?D RIiPR£SIiN'1'A'1'IVIi CAI'ACI'1'Y ON BEFIALI~ OF rrrr.~r_r:rn:nnr nrrvrrr n•rurvrnurinnr•sRUrucnv authority to resolve Claims is limited to (,aims betwc and us alone, and the azbitrator's authority to make a limited to awards to you and us alone. Furthermore, brought by you against us, or by us against you, may joined or consolidated in azbftration with Claims bro against someone other than you, unless agreed to in . all parties. No arbitration award or decision will have preclusive effect as to issues or claims in any dispute anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreemc (including but not limited to the Continuation provis below) and without waiving either party's right to apt decision, should any portion of this Restrictions nn A provision be deemed invalid or unenforceable, then t Arbitration Provision (other than this sentence) shall apply. Arbitration Procedures: 'Phis Arbitration Provis made pursuant to a transaction involving interstate C and shall be governed by the I~ederal Arbitration Act, Sections 1-16, as it may be amended (the "FAA').'I'h< arbitration shall be governed by the applicable (:ode, that (to the extent enforceable under the FAA) this A Provision shall control if it is inconsistent with the ap Code. The arbitrator shall apply applicable substantit consistent with the FAA and applicable statutes of tin and shall honor claims of privilege recognized at law the timely reyuest of either party, shall provide a brie explanation of the basis for the decision. The azbitrat proceeding shall not be governed by any Federal or s1 of civil procedure or rules of evidence. Either party rt a reyuest to the arbitrator to expand the scope of disc under the applicable Code.1'heparty submitting sod reyuest must provide a copy to the other party, who r submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fi days of receiving the requesting party s notice. The gt denial of such a request will be in the sole discretion arbitrator, who shall notify the pazties of his/her deci within twenty (20) days of the objecting partys subm The arbitrator shall take reasonable steps to preserve privacy of individuals, and of business matters. Judge the award rendered by the arbitrator may be entered court having jurisdiction.'I'he arbitrator's decision w. and binding, except for any right of appeal provided 1 FAA. However, any party can appeal that award to a t arbitrator panel administered by the same arbitratior organization, which shall consider anew any aspect o initial award objected to by the appealing pazty. The ; party shall have thirty (30) days from the date of entr written arbitration award to notify the arbitration orl that it is exercising the right of appeal The appeal sh; with the arbitration organization in the form of a daG writing. l'he arbitration organization will then notify party that the award has been appealed. The azbitrati organization will appoint, three-arbitrator panel tha conduct an arbitration pursuant to its Code and issue decision within one hundred and twenty (120) days c of the appellant's written notice. The decision of the I be by majority vote and shall be final and binding. Location of ArbitrationlPayment of Fees: Any arbitration hearing that you attend shall take plate in federal judicial district of your residence. You will be responsible for paying your share, if any, of the arbitr (including filing, administrative, hearing andlor o[he provided by the Code, to the extent that such fees do exceed the amount of the filing fees you would have i the Claim had been brought in the state or federal cor to your billing address that would have jurisdiction o Claim. We will be responsible for paying the remaind arbitration fees. At your written reyuest, we will cons good faith making a temporary advance of all or part share of the arbitration fees for any Claim you initiate which you or we seek arbitration. You will not be asse azbitration fees in excess of your share if you do not F any azbitration wfth us. Continuation: This Arbitration Provision shall sr termination of your accounts as well as voluntary pal the Account balance in full by you, any legal proceedi or us to collect a debt owed by the other, any bankrttl you or us, and any sale by us of your Account (and in ..F....L, :r.. ~e...... ~l...ll ......6. ,,. •l,e 1..,..e. ..r.,.,.. .,C..,..~ Arbitration provision above, it any portion of this Arbitration Provision (other than the Restrictions on Arbitration provision) is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any predecessor agreement you may have had with us, each of which shall he enforceable regardless of such invalidity. Waiver Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of our rights on any oaasion, shall not constiuue a waiver of such rights on am other occasion. Consumer Reports You authorize us to reyuesl consumer reports about you, to make whatever credit investigations we deem appropriate, to obtain and exchange any information we may receive from consumer reports and other sources, and to use such information for any purposes, subject to applicable law. You authorize us to furnish information concerning your Account to consumer reporting agencies, or others, subject to applicable law. If you believe information we have furnished about your Account to a consumer reporting agency is inaccurate, you should write to us at: American Iixpress Credit Bureau Unit, PO. Box 7871, Pt. Lauderdale, FI, 33329-7871 and identify the specific information you believe is inaccurate. You are hereby notified that information about your Accotmt that may have a negative impact on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Telephone Monitoring/Recording You agree that from lime to lime we may monitor and/or record telephone calls between you (or Additional Cardmembers on your Aaount) and us to assure the quality of our customer service or as required by applicable law. You authorize us to call or send a text message to you at any number you give us or from. which you call us, including mobile phones. You authorize us to make such calls using automatic telephone dialing systems for any lawful purpose, including but not limited to: suspected fraud or identity theft; Account transactions or servicing; otters of American Express products and services; and collecting nn your Account. You authorize us to place prerecorded calls in connection with the status of your account, or security and identity theft matters. You agree to pay any fees or charges you incur for incoming calls or text messages from us without reimbursement. Privacy Act of 1974 Notification Use of the Card at Federal Government Agencies American Express has entered into contracts that enable the Card to be accepted at certain Eederal government agencies and deparimen[s ("Agencies"). As with Card transactions at commercial establishments, when you choose to use your Card at an Agency, certain Charge information is necessarily collected by us. Charge information from Card transactions at Agencies may be used for routine uses, such as processing Charges and payments, billing and collections activities and may be aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by Agencies are published periodically in the Pederal Register. Insurance Products Notroc We identify insurance providers and products that maybe of interest to you. ]n this role we may act on behalf of the insurance provider, as permitted bylaw. We receive compensation from insurance providers that may vary by provider and product. Also, we may mceive additional compensation or financial benefit when AMIiX Assurance Company or another American L'xpress entity acts as the insurer or reinsurer for these pmducts.'fhe arrangements we have with providers, including the potential fo insure or reinsure products, may also influence what products and providers we identity. Notices Any notice given by us shall be deemed given when deposited in the US. mail, postage prepaid, addressed to you at the latest Billing Address shown on our records. Changing this AgreementrAssignment of this Agreement We may change the Terms of or add new terms to this Agreement at any time, in accordance with applicable law. We balances on your Account as well as to future balances. This written Agreement is a final expression of the agreement between the creditor and the debtor and the written Agreement may not be contradicted by evidence of any alleged oral agreement. We may also sell, transfer or assign this Agreement and the Account at any time without notice to you. You may not sell, assign or transfer your Account or any of }'our obligations under this Agreement. Assignment of Claims In the event you dispute a Charge and we credit your Account for all or part of such disputed Charge, we automatically suaeed to, and you are automatically deemed to assign and transfer to us, any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount eyual to the amount we credited to your Account. After we make such credit, you agree that without our consent you will not pursue any claim against or reimbursement from such third party for the amount that we credited to your Account, and that you will cooperate with us if we decide to pursue the third party tier the amount credited. .lpplicable Law 'Phis Agreement and your Account, and all yuestions about their legality, enforceability and interpretation, are governed by the taws of the State o[ Utah (without regard to internal principles of conflicts of law), and by applicable federal law. We are located in Utah, hold your Account in Utah, and entered into this Agreement with you in Utah. AMERICAN EXPRESS BANK, FSB To American L•xpress Cardmembers In The United States and Its Territories Your Billing Rights -keep This Notice for Future Llse 'this notice contains important information about your rights and our responsibilities under the "Pair Credit Billing Act:' Notify Us in Case of Errors or Questions About Your Account Statement If you think your statement is wrong or if you need more infitrmation about a transaction on your statement, write us on a separate sheet of paper at the address for billing inyuiries listed nn your statement. Write to us as soon as possible. We must. hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can also telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and Account number. • 'the dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there. is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your Account statement automatically from your savings, checking or other account, you can stop the payment on any amount you think is wrong. 'Po stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you yuestion, or report you as delinyuent.lNe can continue to bill you for the amount you yuestion, including Finance Charges, and we can apply any unpaid amount against your credit line. You donut have to pay any yuestioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in yuestion. If we find that we made a mistake on your statement, you will not have to pay any Ginance Charges related to any yuestioned amount. If we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments nn the yuestioned amounts. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinyuent. However, if our explanation does not satisfy you and you write to us within ten (lU) days telling us that you still refuse to pay, we must tell anyone we report you anyone we report you to that the matter has been sett between us when it finally is. If we do not follow these rules, we cannot collect $5O of the yuestioned amount, even if your statement correct. Special Rule for Credit Cazd Pwchases If you have a problem with the yualily of property services that you purchased with the Card, and you h in good faith to correct the problem with the mercha may have the right not to pay the remaining amount the properly or services.l'here are two limitations to (a) You must have made the purchase in your home s not within your home state, within 100 miles of your mailing address; and (b) The purchase price must ha more than $SU. 'Chew limitations do not apply if we own or opera merchant, or if we mailed you the advertisement for t properly or services. Note for Ohio Residents: The Ohio laws against disa•imirration require that a!1 creditors make credit ec available to alt creditworthy customers, and that credi agencies maintain separate credit histories on each inc upon reduest. '1 he Ohio Civil Rights Commission admi compliance with this law. 1'ou will receive one Delta SkyMile ("tulle") for ea dollar of Eligible Spending (as defined below) on you Air Lines SkyMiles• Credit Card from American L'xpi °Card Aaount"), subject to the terms set forth below will be credited to your SkyMiles Account after the bi period in which the Iaigible Spending occurs. [f you have a Classic Delta SkyMiles Credit Card, receive one additional mile for each U.S. dollar of F,lif Spending for Delta Purchases (as defined below) sub; terms set firth below. Miles will not be awarded for E Spending in excess of $60,000 for each year of Delta Cardmembership (measured from your Card annivet date), not including bonuses; however, one "bonus' r. each U.S. dollar of Faigible Spending for Delta Purcha continue to be awarded above this limit. If in any cab your Eligible Spending on your Classic Delta SkyMile Card is $10,000 or more, you will be awarded 2,5UU b miles. [f you. have a Gold Delta SkyMiles Credit Card, yo receive one additional mile for each U.S. dollar of Elil Spending for Delta Purchases, subject to the teens se below. Miles will not be awarded for ligible Spendin excess of $100,000 fur each year of llelta SkyMiles Cardmembership (measured from your Card annivet c{ate), not including bonuses; however, one "bonus" r, each U.S. dollar of Eligible Spending for Delta Purcha continue to be awarded above this limit. If in any cafe your Iaigible Spending on your Gold Delta SkyMiles Card is $15,000 or more, you will be awarded 5,000 b miles, and if in that same calendar year your Eligible on your Gold Delta SkyMiles Credit Card is $25,000 c you wilt be awarded an additional S,OOU bonus miles. [f you have a Platinum Delta SkyMiles Credit Can receive one additional mile for each U.S. dollar of Elil Spending for Delta Purchases, subject to the terms se below. If in any calendar year your Eligible Spending Platinum Delta SkyMiles Credit Card is $25,000 or m will be awarded 10,000 Medallion Qualifying Miles (' (as defined in the Delta SkyMiles Membership Guide Program Rules), and if in that same calendar year yot Spending on your Platinum Delta SkyMiles Credit Ca $5(I,IN)0 or more, you will be awarded an additional 1 MQMs (Additional MQM").The Basic Cardmember to receive only one 10,000 MQM award and only one Additional MQM award for one Delta SkyMiles Preys Account each calendar year. For any Classic, Gold, or Platinum Delta SkyMile; Card from American Express account that is opened calendar year, for purposes of calculating your annua the account is opened. This means that the first year maybe less than twelve months. You may be permitted to have more than one Classic, Gold, or Platinum llelta SkyMiles Credit Card from American Express account; however, you are eligible to receive annual liligible Spending bonus(es) for only one of each type (i.e., Classic, Gold, or Platinum) of Delta SkyMiles Credit Card from American Express account, and if you received Welcome bonus miles for any such account, you are eligible to receive only the incremental difference between the amount of these Welcome bonus miles and the amount of Welcome bonus miles you may be offered for any other sueh account. Miles are subject to the Delta SkyMiles Iviembership Guide and Program Rules, and you should refer to that document for details on redemption of miles, Delta's right to change program terms, and other conditions which may apply. We assume no responsibility for and we have no liability fa~ miles credited to your SkyMiles Account or for the actions of Delta in connection with your SkyMiles Account or otherwise. Yonr Account must be active (i.e., not cancelled) for any given billing period to earn miles charged on your Card Account. "Eligible Spending' includes purchases of goods or services, which purchases have not been returned or otherwise rescinded, and are not subject to a credit; i[ does NO1' include fees, Finance Charges, Cash Advances (including the use of checks, line activators, automated teller machines, or other means of accessing your Account), Balance'1'ransfers, or adjustments to your Acount or the purchase of American F:xpress'Cravelers Cheyues and American Express Gift Cheyues or other cash equivalents. We reserve the right not to award any miles for transactions we determine aze no[ Charges made with the good faith intention of wnsuming the item charged. For the purpose of this Agreement, "Delta Purchases" means purchases charged on your Card Account for Delta", Delta Connection carrier, Delta Shuttle, llelta codeshare (lights sold under the DL code, Delta Vacation packages and other Delta services and submitted under a Delta merchant code, excluding Delta air travel purchases which are part of an all- inclusive airlseatour package. We reserve the right to change these terms and conditions at any time, suhjed to applicable law.'Cerms used have the meanings assigned to them in the Agreement Between Delta 5kymiles Credit Cardmember and American Express Bank, FSB. Once you enroll in Pay By Computer, I'ay ISy Phone or any other American Iixpress lilectmnic Funds Transfer service (hereafter the "Program"), you will be subject to this l-aectmnic Ponds Transfer Agreement. (the "IiFT Agreement'). Scope of Agreement 'this EFT' Agreement covers your participation in the Program. In this EI"I' Agreement, the words "you" and "your" refer to the Basic Cardmember and also include all Additional Cardmembers who have enrolled in the Program. "I'he words "we; "our" and "us" refer to American Express'fravel Related Services Company, Inc. The words "your American Express Accounts' refer to your card aaount governed by your Cardmember Agreement ("Card Account") or any other American Express Accounts that we permit you to enroll in the Program.'fhe words "your Bank Account" refer to the account held by a bank, securities firm or other financial institution from which payment will he made when you make transactions under the I'rogram.'1'he words "your bank" mean the bank, securities firm or other financial institution that holds your Bank Aaount.'fhe words "other options" refer to electronic payment transfer options and/or other cash access that American Iixpress may make available from time to time, including the option to pay your Account bill electronically using a computer, phone or other device. Your Account is governed by the Cardmember Agreement that is attached to this El~ L' Agreement'Chat agmement and the capitalized terms in it also apply here. Payment for Cash Transactions Gash time you initiate a transaction under the Program, you instruct and authorize us or our agent to draw a check or initiate an automated clearing house (ACH") debit in your name on your Bank Account, payable to us or to our agent, in the amount of the transaction.'Cheamount ofthe transaction is the amount of the Account bill you paid or other funds transfer you authorized, plus any applicable lees or charges. We may charge a fee of $3R for each check or ACH debit drawn by us or our agent in connection with the Program that is not honored upon first presentment, subject to applicable law. Your bank may also assess its customary charge for such items, if any. llishonored Requests for Payments If any check or ACI I debit drawn by us or our agent in connection with the Program is not honored by your bank, we have the right to charge the amount of any such transaction, and the dishonored payment fee referred to above, to the Card Account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program. For certain Bank Accounts, you may have a separate agreement with us or with a participating bank, securities firm, or other financial institution that allows a line of credit to he accessed in the event that your bank Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating Io that line of credit for the terms and conditions that govern its use. Liability for Unauthorized Transactions and Advisability of Prompt Reporting You must tell us Al' UNCE if you believe a transaction under the Program has been made without your authorization. Telephoning is the best way of minimizing possible losses. If a transaction was unauthorized, and within two days after you learn about it you notify us that the transaction was unauthorized, we will not hold you liable for that transaction. In any event, even if you fail to notify us, your liabilkty for any unauthorized transaction or series of related unauthorized transactions shall not exceed $50. If you believe that someone has transferred or may transfer money from your Bank Account without permission, calla-800-528-4800 (within U.S.) or 1-336-393-1111 (outside U.SJ anytime, or write: rUnerican Iixpress Credit Department }'.O. Box 53830, Phoenix, Arizona 85072-3830. Our liability for Improper Transactions or Payments Il a transaction is not completed as you have directed or if we do not complete a transfer to or from your Bank Account on lime in the correct amount, we will research and correct it as necessary, once you advise us. We will also reimburse you for your actual losses or damages, if any, caused by our error. However, there are some exceptions. We will not he liable to you in the follmving instances: • if, through no fault of ours, your Bank Account does not or did not contain enough money to complete the transaction or the transfer would exceed an established credit limit; ii the funds in your Bank Account are or were at the time of the. attempted transaction subject to legal processor other encumbrance restricting the transaction; if circumstances beyond our control (such as fire or flood) prevent or prevented the transaction, despite reasonable precautions that we have taken; if a technical malfunction known to you prevented the transaction; or any other exceptions slated in this IJ''1' Agreement. Business Day For purposes of this lit f Agreement our business days are Monday through Friday. Elolidays are not included. Arbitration 'the Card Aaount is governed by the Cardmember Agreement contained herein. T'he Arbitration provision contained within that agreement applies to this EI~1' Agreement Please refer to that provision as you read this EFT Agreement. Privacy Electronic fiords transfers you initiate pursuant to this F:FT' Agreement are covered by the American Iixpress Privacy Policy a copy of which was given to you together with your American Iixpress Cazd.'I'o view our Privacy Policy online, How to Contact Us If for any reason you wish to contact us about the about your participation in the Program, or about tea relating to the Program, write or call us as follows: Address: American L•xpress Tiavel Related Servic Company, loc., Electronic Funds Services, P.O. Box 2' Lauderdale, Ph 33329-7815 ore-mail us by clicking o Customer Service link online at www.americanexpre: Telephone: 1-800-CASH-NOW, 24 hours a day, Sr a week. In Case of Errors or Questions About Your'Cransar Write or call us at the number or address given at soon as you can if you think your statement or receip or it you need more information about a transaction your statement or receipt. We must hear from you no 60 days after we sent you the FIRST statement on wh problem or error appeared. ]f you aze delayed in cool due to extenuating circumstances (such as a hospital may extend this 60 days for a reasonable time. I. 'Cell us your name and Account number. 2. Describe the error or the transaction you are r about, and explain as clearly as you can why you belie error or why you need more information. 3. "Cell us the dollar amount of the suspected err If you tell us orally, we may require that you send complaint or yuestion in writing within 10 business c the date you notified us. We will tell you the results of our investigation wi business days" after we hear from you and we will ca error promptly if we need more time, however, we m to 45 calendar days to investigate your complaint or c If we decide to do this we will assure that your bank r your Bank Account within 10 business days* for the s you think is in error, so that you will have the use of t during the time it takes us to complete our investigat ask you to put your complaint or question in writing not receive it within 10 business days* following yow notification, we may not recredit your Bank Account. If notification of an error is received within 30 cal days after your Bank Account is opened, we will have business days to provide you with the results of our investigation and correct any error, and 90 days to co the investigation. If we determine that there was no error, we will s< written explanation within three business days after our investigation. Upon your request we will provide copies of the documents that we used in our investigs we have provisionally recredited your Bank Account investigation and determine that there was no error, notify you of the date on whie;h we will redebit your I Aaounl, and the amount to be debited. You authoriz agent to debit your Bank Account for this amount. Yc make certain that your Bank Acount rnntains suffic. to cover this debit. If it does not, we have the right to such amount to the Account or to collect the amount If this happens, we may cancel your right to participa Program.. Termination We, or any bank or financial institution pazticipai Program, may add to or remove from the Program ar ATMs or extend or limit the services provided at any without notifying you beforehand. In addition, we m: discontinue the Program of any time. Your right to participate in the Program will be to or suspended if the Card Account is cancelled or cusp you cancel the authorization you have given your bar. directly charge checks to your Bank Account, if the B Account. from which payment will be made when yot transactions under the Program is dosed to withdrav transactions by us or our agents, if your participation Program is inactive for 1R consecutive months or mo the Card Account is no longer in good standing. In addition to the foregoing, we may revoke your participate in the Program, at any time, at our sole di with or without cause, subject to applicable law. If we will send you written notice, but we may not send yoi notice until after the revocation. We also have the rig. authorization for any requested transaction, at any tit sole discretion, with or without cause, and without gi notice, subiect to applicable law. You may terminate ) us at the address disclosed in the Section of this L'P'I' Agreement entitled How m Contact Us. Prior Agreements and Assignments `Chic I:PT Agreement supercedes all prior agreements you may have with us relating to the Program. We have the right to assign this E1~1' Agreement to a subsidiary or affiliate company at any time. AMERICAN EXPRESS TRAV EI. RELATED SERVICES COMPANY, INC. Note for Massachusetts Residents General Disclosure Statement: Any documentation provided to you which indicates that an electronic [unds transfer was made shall be admissible as rvidence of such transfer and shall constitute prima facie proof that such transfer was made. The initiation by you of certain electronic !unds transfers imm your Bank Account will, except as otherwise provided in this E1~1' Agreement, effectively eliminate your ability to stop payment of the transfer. UNLIiSS OTHERW[Sti PROVIDED IN THIS I:F`C AGREEMIiN'f, YOU MAY NO'f S'L'OP PAYMENT' OF ELIi(°CRONIC FUNDS TRANSPERS;'I'HERF:FORIi, YOU SHOULD A'0'C EMPLOY Ei1.F:CCRON[C ACCESS FOR PURCFLASI'sS OR SERVICES UNhIiSS YOU ARF. SA'CISPIEll 1'HA'f Y(lU WlLI. NOT NIiL'D'1'O STOP PAYMENT. Disclosure of Aaount Information to `third Parties. If you give us your written authorization to disclose information about you, your Account or the transactions that you make to any person, that authorization shall automatically expire 95 days after we receive it. Optional Limit on Obtaining Cash: You have the option to request that we limit the total amount of cash that you may obtain from ATMs in a single day to $50. If you elect this option we will take all reasonable steps to comply with your request. *Pnr Massachusetts residents: 10 calendar days instead of business days. The information below summarizes the terms and conditions of the lixtended Warranty plan (formerly the Buyer's Assurance Plan). lixtended Warranty is underwritten by AMEX Assurance Company, Administrative Office, Green Bay, WI. Coverage is determined by the terms, conditions, and exclusions of Policy AX0953 and is subject to change with notice. 'this document dues not supplement or replace the Policy. Please call us at the number on back of your American Express Card for a complete copy of your terms and conditions. lixtended Warranty will extend the terms of the original manufacturer's warranty ti)r a period of time equal to the duration of the original manufacturer's warranty, up to one (1) additional year (Centurion Cardmembers up to three (3) additional years) nn warranties of five (5) years or less that are eligible in the United States of America. Description pf Benefits Where a loss has occurred during this plan s extended warranty time period of up to one (1 }additional year (Centurion Cardmembers up to three (3) additional years), we will provide a benefit equal to the coverage of the original manufactures s warranty nn warranties of up to five (5) yeazs. We will pay up to the actual amount charged to your account for the product for which a loss is claimed, but not to exceed $10,000. ICthe product also is covered by a purchased service contract, this plans extended warranty time period begins at the end of the service contract and extends the original manufacturer's warranty for a period of lime equal to that warranty, up to one (1) additional year (Centurion Cardmembers up to three (3) additional years). Il the combined coverage of the original manufacturers warranty and the purchased service contract exceed five (5) years, the product purchased is not eligible under this plan and no coverage applies. Extended Warranty does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges. If you experience more than one loss in a calendar year, we will pay an amount not to exceed 550,0(1(1 for all losses in a calendar year. Our benefit payment will not include any product rebates, discounts or money received from the lowest Iixclusions Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. any physical damage, including, but not limited to, damage as a direct result of natural disaster or a power surge, except to the extent [he original manufacturer's warranty covers such damage; 2. mechanical failure covered under product recall; or 3. fraud or abuse or illegal activity of any kind by the cardmember. Purcfiases Not Covered '1 he following are not covered: 1. products covered by an unconditional satisfaction guarantee; 2. motorized vehicles (including, but not limited to, passenger cars, trucks, motorcycles, boats, airplanes) and their parts, subject to high risk, combustible, wear and tear or mileage stipulations (including, but not limited to, batteries, carburetors, pipes, hoses, pistons, brakes, tires, or mulRers); 3. motorized devices :rod their parts used for agriculture, landscaping, demolition or construction; 4. motorized devices and their parts which are permanent additions or fixtures to a residential or commercial building; 5. business fixtures, including, but not Limited to, air conditioners, refrigerators, heaters; 6. land or buildings; 7. consumable or perishable items; 8. animals or living plants; 9. more than one article in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 10. items still under installment billing; l 1. additional service contract or extended warranty coverage for a computer, computer component or part that you buy which already comes with an original United States of America manufacturer's warranty, unless such coverage is provided and administered by the original manu[acturer; and 12. items purchased for resale, professional, nr commercial use (this does not apply to OPIiN Cardmembers). General Provisions Excess Coverage If any loss under this policy is insured under any other valid and collectible policy, then this policy shall cover such loss, subject to its exclusions, conditions, provisions and other terms herein, only to the extent that the amount of such loss is in excess of the amount of such other insurance which is payable or paid. Termination or Cancellation Coverage will cease on the earliest of the following: 1. the dale you no longer maintain a permanent residence in the 50 United States of America, the District of Columbia, Puerto Kico or the U.S. Virgin Islands; 2. the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; 3. the date the policy is cancelled; 4. the date you are no longer a cardmember; 5. the date your account ceases to be current and in good standing; or 6. the date the plan is not available in the location where you maintain a permanent residence. 'termination or cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the policy. 'the company has the right to cancel the policy at any time by sending a written notice at least forty five (45) days in advance to you at your last known address. 'the notice will include the reason for cancellation. Form Numbers EW-DOC-CCSG102107, I:W-DOC-CCSG2 02/07, F:W- DOC-OSI1N1 02!07, EW-DOC-OSBN2 02/07 Applicable for Residents of the State of Alaska Form Number: PP/EW-RDRI-AK (16/(17 Applicable for Residents in the States of Arizona and Indiana Poem Numbers:l;W-IND-CCSG1 07107, EW-IND-CCSG2 07/07, EW-IND-OSBNI (17107, FW-[ND-OSBN2 07/07 Appticahlr for Residents of the State of Kentucky Form Number: PP/F.W-RDRI-Kl' OS/(17-In the Termination or Cancellation section: 'the company has the right to cancel the policy at any time by sending a written notice at least seventy-five (75) days in advance to you at your last known address. Applicable for Residents of the State of Oklahoma t:nr,,, N,,,,,h~r• PPltiW-RTIR 1 _t1K !17107-T'he fnllnwina is person who knowingly, and with intent to injure, deb deceive any insurer, makes any claim for the proceed insurance policy containing any false, incomplete or misleading information is guilty of a felony. Applicable for Residents of the State of Oregon Form Number EW-RDRI-OR 05!07-In the Exclu: section the following is removed: 3. fraud or abuse c activity of any kind by the cardmember; Applicable fnr Residents of the State of South Dak~ Poem Number: I'P/I:W-RI)Rl-SD 05107 Appticahle for Residents of the State of Texas Form Number: F.W-IND-TX 071117 Applicable for Residents of the State of Vermont Form Number: PP/fiW-RDRI-VT 05/07 Description of Coverage Underwritten by AMEX Assurance Company, Administrative Office, 480 Pilgrim Way, Suite 1400, W 154304 Purchase Protection provides coverage for Your p for ninety (90) days from the date of purchase when' charge any portion of the price of the purchased item Account. You will be reimbursed only for the amoun to Your Aaount. (See Description of Benefits sectic Definitions Certain words used in this Description of Coveral capitalized throughout and have special meanings. V used herein, the singular shag include the plural, the shall include the singular, as the context requires. Account means Your American Express Card Au cardmember means a person who has been issue United States of America based proprietary American Card, which is Current and in Good Standing, and wl Permanent Residence in the 50 United States of Ame District of Columbia, Puerto Rico or the U.S. Virgin I: Covered Incident means the theft of, or damage, by accident or vandalism, to any one item of propert} purchased worldwide as a gift or for personal or bust: and charged to Your Account. Company means AMIiX Assurance Company, an authorized agents. Current and in Good Standing means a Cardmc Account for which the monthly minimum requireme been paid prior to the date in which the claim is paya Master Policyholder means American Ezpress'I Related Services Company, Inc. Permanent Residence means the one primary d~ place where the cardmember resides and to which tr to return. Plan means the Policy and the benefits described Platinum cardmember means a Cazdmember e Platinum Charge Card (required to be paid in full me Corporate Platinum Card, or a Fidelity American Exl Platinum Card. Any other Card which may reference Platinum name or has Platinum colored plastic will n higher coverage limits or benefits. Policy means the Group Insurance Master Policy issued to American Express travel Related Services Inc.). We, Us, Our means the Company. You, Your means the (:azdmember. Description of Benefits We will pay You the expense charged to Your Aa, $1,000 for any one Covered Incident and up to $SO,Oi Covered Incidents during a calendar year. Purchase 1 provides benefits, for ninety (90) days from the date , purchase, if a Covered Incident occurs with respect G You purchased and charged to Your Account Our be payment will not include shipping and handling expo installation, assembly, professional advice, maintena, other service charges or any product rebates, discoun money received from lowest price compazison prigr: reduced the original cost of [he property. Our payment of any eligible benefit amount is fur contingent upon Your Account being Current and in Standing. (1„Lr ~ !'~rd.,,c~,,,h,.r h~. ~ !root and rnuirahlr riot Iixclusiars Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by: 1. war or any act of war.. whether declazed or undeclared; 2. any activity directly re]ated to and oaurring while in the service of any armed military force of any nation state recognized by the United Nations; 3. participation in a riot, civil disturbance, protestor insurrection; 4. violation of a criminal law, offenu or infraction; 5. natural disasters, including, but not limited to, hurricanes, Floods, tornados, earthquakes or any other event in the course of nature, that occurs at the same time or in separate instances; 6. fraud or abuse or illegal activity of any kind by the Cardmember; 7. confiscation by' any governmental authority public authority or customs official; 8. negligent failure of a duty to care by any third party in whose possession the properly purchased by a Cardmember has been temporarily placed; 9. not being reasonably safeguarded by You; 10. theft from baggage not carried by hand and under Your personal supervision ar under the supervision of a traveling companion known by You; I1. damage through alteration (including, but nut limited to, cutting, sawing and shaping); 12. normal wear and tear, inherent product defector manufacturers defects or normal course nl play; 13. damage or theft while under the care and control of a common carrier; 14. food spoilage; or I S. leaving property at an unoccupied construction site. For residents of Washington, the first paragraph of this section is removed and replaced with the following: We will not pay for loss caused by any of the excluded events described below. boss will be considered to have been caused by an excluded event if the occurrences of that event directly and solely results in loss, or initiates a sequence of events that result in loss, regardless of the nature of any intermediate or final event in that sequence. Purchases Not Covered 'the following purchases are not covered: 1. travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), rash or its equivalent 2. animals or living plants; 3. rare stamps or coins; 4. consumable or perishable items with limited file spans (including, but not limited to, perfume, light bulbs, batteries); 5. antique or previously owned items; 6. motorized vehicles and watercraft, aircraft and motorcycles or [heir motors, equipment, parts or accessories; 7. stolen or damaged property consisting of articles in a pair or set. Coverage will be limited to no more than the value of any particular part or parts, unless the articles aze unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; 8. items purchased far resale, professional, or commercial use; 9. permanent household andlor business fixtures, including, but not limited to, carpeting, (louring andlor tile; 10. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and 11. hospital, medical and dental equipment and devi<:es. Claims Previsions if You experience a Inss for which You believe a benefit is payable under this Plan, l5tu must provide both Notice of Claim and Proof of boss. 'I'o insure prompt processing of Your claim, report any- theft or damage immediately fallowing the. date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete. Notice of Claim Notice of Claim should be provided to Us within thirty (30) days of the loss. You may contact Us by calling toll-free I -303-273-fi498. You may also write to Us al Purchase Protection, P(1 Box 4(12, Golden, CU 80402-0402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that maybe found to be eligible, if it can be shown that it was provided as soon as reasonably possible. At the time You provide Us with Notice of Claim, We will assist You with Your Proof of Loss by providing You with instructions and/or documents, which You may have to complete and return to Us. You are required to cooperate with Us and provide documentation as requested by Us which is reyuired and necessary to process Your claim and determine if benefits are payable. For residents of Missouri, no claim will be denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right of Us. Proof of Loss Proof of [.oss requires You to send Us all the information We request, at Your expense, in order that Your claim maybe evaluated and that We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Yrool of boss within thirty (30) days (for residents of North Dakota sixty (fi0) days) after We have provided You with instructions and/or a claim form in response to Your ;votive of Claim or Your claim may be denied. Your Proof of Loss documentation maybe mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to reyuesl all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have reyuested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the following: I. a Purchase Protection Claim Form; 2. the original itemized store receipt; 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or rentei s insurance); 4. a photograph of andlor repair estimate [or the damaged. property; and 5. for theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection. No payment will be made on claims not substantiated in the manner required by Us. If alt required documentation is not received within thirty (30) days (for residents of North Dakota sixty (fi(1) days) of the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may he denied. It is Your responsibility to provide all reyuired documentation We reyuesl. You ma}' he reyuired to send in the damaged property at Your expense for further evaluation of Your claim. If reyuested, You must send in the damaged property within thirty (30) days (for residents of North Dakota sixty (fi0) days) from the dale of Our request to remain eligible for coverage. Payment of Claim A claim for benefits provided by this Plan will he paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according u> the terms of the Plan. Any payment made by Us in goad faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment. If other insurance is available to You which provides the same or similar coverage as that provided by this Plan, this Plan becomes excess and We will pay only that portion of the Covered [ncident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits .,ection. General Provisions Change of Permanent Residence if the change is to a different state, Your Policy provisions maybe. adjusted to conform to the requirements of that state. Clerical Error A clerical error made by the Company will not invalidate insurance otherwise validly in force nor continue insurance not validly in force. Conformity with State and Federal Law Il a Plan provision does not rnnform to applicable provisions of State or Federal law, the Plan is hereby s to comply with such law. Entire Contract; Representation; Change This Description of Coverage, the Policy and any applications, endorsements or riders make up the eni contract. Any statement You make is a representatia a warranty. 'this Description of Coverage may be cha any time by written agreement between the Master Policyholder and the Company Only the President, ~ President or Secretary of AMEX Assurance Compan} change or waive the provisions of the Description of ( No agent or other person may change the Descriptiot Coverage or waive any of its terms. 'this Description Coverage may be changed at any time by providing n You. A copy of the Policy will be maintained and kep Master Policyholder and may be examined at any tin Excess Coverage If any loss under this Policy is insured under any valid and collectible policy, then this Policy shall cove loss, subject to its exclusions, conditions, provisions < terms herein, only to the extent that the amount of sr in excess of the amount of such other insurance whit payable or paid. Fraud If any reyuesl for benefits made under the Plan is determined to he fraudulent or if any fraudulent me: devices are used 6y You or by anyone acting nn Your 1 obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember wh whether before or after a loss, has: I . concealed or misrepresented any (act upon which we rely, if the concealment or misrepresentation is material and is t the intent to deceive; or 2. concealed or misrepresent Cact if the fact misrepresented contributes to the loss. Legal Actions No legal action may be brought to recover against until sixty (fi0) days after Proof of boss has been rece Us. No such action may be brought after three (3) ye residents of Arkansas five (5) years and residents of D ten (111) years) from the time written Proof of boss is to he given. if a time limit of this Plan is less than allowed by I the state where You live, the limit is extended to meet minimum time allowed by such law. Right of Recovery If We make a payment to You under this Plan and recover an amount from another, equal to or less that payment, You shall hold intrust for Us the proceeds c recovery and reimburse Us to the extent of Our paym Our payments exceed the maximum amount payable benefits of this Plan, We have the right to recover fro amount exceeding the maximum amount payable. Subrogation In the event of any payment under this Policy, We subrogated to the extent of such payment to all Your t recovery. You shall execute all papers required and sl everything necessary to secure and preserve such rig. including the execution of such documents necessar} Us to elfeclively bring suitor otherwise pursue subro rights in Your name. You shall do nothing to prejudi~ subrogation rights. We shall be entitled to a recovery as stated in then provisions only after You have been fully compensate damages by another party. For residents of Louisiana, the Right of Recovery, Subrogation and Excess Coverage sections are revise< reflecC ll the Company makes any payment under tt and the Cardmember has the right to recover damage another, the Company shall be subrogated to that rigl However, the Company's right to recover is subordina Cardmember. right to be fully compensated. Termination or Cancellation Coverage will cease on the earliest of the followin date You no longer maintain a Permanent Residence United States of America, the District of Columbia, P or the ti.S. Virgin Islands; Z. the date We determine t are no longer a Cardmember; 5. the date Your Account ceases to remain Current and in Good Standing; or 6. the date the Plan is not available in the location where You maintain a Permanent Residence. 'T'ermination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Polity. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. Important Additional Information For You For those eligible and enrolled in the Membership Rewazds"program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a lviembership Rewards redemption certifit:ate up to the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Kewards redemption certificate has been transferred to anon-eligible Cardmember or non- Cazdmembers. 'Phis Description of (:average replaces any other Description of Coverage that 1'ou may have previously received for Purchase Protection. This Description of Coverage is an important document. Please read it and keep it in a safe place. IN Wl'1'NL'SS W HEREOF, We have caused this Description of Coverage to be signed h}' Om• officers: ~'~-' ~,.-1~ cam,.., Joy A. Hanson, President )oho M. Collins, Secretary AMEX Assurance Company Aiv[1:X Assurance Company PP-DOGCCSGI 02/07 Applicable for Residents <af the State of Kentucky In the Termination or Cancellation section the following is removed: 'fhe Company has the right to cancel the Policy at any time by sending a written notice at least linty live (45) days in advance to You al Your last known address. The notice will include the reason for cancellation. And replaced with the following: 'The Company ha, the right to cancel the Policy at any time by sending a written notice at least seventy-five (75) days in advance to You at Your last known address. The notice will include the reason for cancellation. PP/L'W-RDRI -KY 05/07 Applicable for Residents of the State of Oregon In the Exclusions section the following are removed: 4. violation of a criminal law, oftense or infraction; N. fraud or abuse or illegal activity of any kind by the Cardmember; 'Phe Proof of Loss section is hereby removed in its entirety and replaced with the following: Proof of Loss Proof of Loss reyuires You to send Us all the information We reyuest, al Your expense, in order that Your claim maybe evaluated and that We may make a determination as to whether the claim maybe paid. 1'ou must provide Us with satisfactory Proof o[ Loss within ninety (90) days alter We have provided You with instructions andlor a claim form in response to Your Notice oC Claim or Your claim may br denied. Your Proof of loss documentation maybe mailed to Us at the same address provided above for mailing Your Notice of Claim. We reserve the right to reyuest all the information We deem necessary to determine that Your claim is payable, and We will not consider that We have received complete Proof of Loss until the information We have reyuested is received. Proof of Loss may reyuire documentation consisting of, but not necessarily limited to, the following: 1. Purchase Protection Claim Form; 2. the original itemized store receiph, 3. the insurance declaration forms for Your other sources of insurance or indemnity (e.g., homeowner's or renter's insurance); 4. a photograph of and/or repair estimate for the damaged property; and 5. or theft and vandalism claims, a report regarding the stolen or vandalized property must be filed with the appropriate authority before You call to file a claim under Purchase Protection. If all reyuired documentation is not received within ninety (90} days o[ the date of the Covered Incident (except for documentation which has not been furnished for reasons beyond Your Control), coverage may be denied. It is Your responsibility to provide all reyuired documentation We request. You may he reyuired to send in the damaged property at Your expense Cor further evaluation of Your claim. If reyuested, You mull send in the damaged property within ninety (90) days from the date of Our request to remain eligible for coverage. PP-RDRI -OA OS/07 Applicable for Residents of the State of South Dakota 'The Legal Aetfons section is hereby removed in its entirety and replaced with the following: Legal Actions No legal action may be brought to recover against this Plan until sixty (60) days a4er Proof of Loss has been received by L's. No such action may be brought alter six (ti) years from the time Proof of Loss is reyuired to be given. PPlEW-RDRI-Sll 05/07 Applicable for Residents of the State of Vermont In the Termination or Cancellation section the following is removed: 1'he Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You a[ Your last known address. 1'he notice will include the reason for cancellation. And replaced with the following: `T'he Company has the right to cancel the Policy by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. PP/IiW-RDRI-V'1' 05/07 Applicable for Residents of the State of Alaska The opening paragraph in the Exclusion section is removed in its entirety and replaced with the following which is added and made part of the Description of Coverage: 'These exclusions do not apply if the dominate cause of a loss is a risk or peril that is not otherwise excluded. Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, Contributed to or caused by: 'fhe Legal Actions section is hereby removed in its entirety and replaced with the following which is added and made part of the Description of Coverage: Legal Actions No legal action may be brought to recover against this Plan until sixty (GO) days after Proo[ of Loss has been received by Us. No such action may he brought after three (3) years from the lime Proof of Loss is reyuired fo he given. If there are any Claims the three year timeframe does not begin to run until alter the claim has been denied. PP11iW-RDRI ~AK 06/07 Applicable for Residents of the State of Oklahoma The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defiaud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. PPlEW-RDKI-OK 07/07 The following form numbers are applicable to residents cut the following states: Arizona and Indiana, Porm Numbers: PP-IND-CCSGI 07/07, PP-[ND-CCSG2 07/07, PP-IND-OS13N107/07, PP-IND- OSBN2 07/07 Texas, Form Number: PP-IND-'I'X 07/07 Travel Accident ]nsurance is underwritten by AMEX Assurance Company, Administrative Office, Green 13ay, W [. Coverage is determined by the terms, Conditions, and exclusions of Policy AX094R and is subject to Change with notice to you. 'Phis document does not supplement or replace the Policy. Please call us at the number at I-800-437-9209 for a complete copy of your terms and conditions or if you need to file a claim. Carrier Conveyance (plane, train, helicopter, ship, or when the entire (are has been charged to the Card. A of Cardmembership, the Covered Person will receive level o[ coverage depending on the type of American Card account to which the entire faze for the Commo Conveyance was charged for the covered trip. Covers include the basic Cardmember, each additional Cards and each of these Cardmember', spouses or domestic and dependent Children under 23 years of age. All G Persons must have a permanent residence within the States of American or the District of Columbia. All n persons are not Covered Persons under the Policy. 'T'he capitalized terms used herein shall have the t assigned to such terms in the Policy. Please note that terms Contained in this summary are defined within policy document. Description of Benefits Accidental Death and Accidental Dismembers Plan provides coverage for accidental death and dismemberment due to a loss from an injury while u in Torte under the Policy, but only if such loss oaurs 1 Ml days after the date of the accident which caused t If more than one loss is sustained, benefits will be pa greatest loss. Benefits are paid according to the following schec • Loss of Life - I UO% . Loss of both hands or both feet -100'Yo • Loss of one hand and one foot -100% • Loss of entire sight of both eyes -100% • Loss of entire sight of one eye and one hand or t 100% • Loss of one hand or one fool - 50% • [,oss of the entire sight of one eye - 50%. Common Cartier Benefit. This benefit is payab Covered Person sustains accidental death or dismem as a result of an accident which occurs while riding sr passenger in, or boarding, or alighting from, or being a Common Carrier Conveyance on a covered trip. Exposure and Disappearance. If the Covered Pt unavoidably exposed to the elements because of an a. a covered trip which results in fhe disappearance, sin rvrecking of the common cazrier conveyance, and if a of such exposure, the Covered Person suffers a loss [n benefits are otherwise payable under the Policy, such be Covered under the Policy; if the Covered Person's h not been found within 52 weeks after the date of sod it will be presumed, subject to there being no evident contrary, that the Covered Person suffered loss of life of injury covered by the Polity Bcnefrciary The Basic Cardmember may designate a beneficii change a previously designated beneficiary for himse herself and his or her spouse or domestic partner anc dependent children who are not Additional Cazdmer. Additional Cardmember may designate a beneficiary change a previously designated beneficiazy for himse herself and his or her spouse or domestic partner anc dependent children who are not also [he Basic Cardn the Basic. Cardmember ~ spouse or domestic partner . children, or Additional Cardmember,. If no benefici designated benefits will be paid to the surviving pees equally to the surviving persons in the first of the full classes: spouse or domestic partner; children, equally stirpes; and the estate, Exclusions The Yohcy Contains the following exclusions: • suicide orself-destruction or any attempt theret sane or insane; intentionally self-inflicted injury, suit attempt thereat, while sane • war or any act of waz whether declared or uncles however, any act committed by an agent of any gover party, or faction engaged in waz, hostilities, or other ~ operations provided such agent is acting secretly and connection with any operation of armed forces (whet military, naval or air forces) in the country where the occurs shall not be deemed an act of war • injury to which a contributory cause was the cos of or attempt to commit an illegal act by or on behalf Covered Person or hislher beneficiaries - ,n,i,r.. rN. P,ond ..r6;1,. iarvino ac an nnrratnr nr , • injury received while driving, riding as a passenger in, boarding or alighting from a rental vehicle • injury received during or as a result of commutation • sickness, physical or mental infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment of the condition is required as the direct result of an injury. Termination or Cancellation Coverage under the Policy will cease on the earliest of the following: • the date the Covered Person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia • the dale we determine that the Covered Person or someone on the Covered Persons behalf intentionally misrepresented nr fraud occurred • the date the policy is cancelled • the date the basic Cardmember ti account ceases to remain current and in good standing • the date the Plan is oat available in the location where the Covered Person maintains a permanent residence. 'Che Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to you at your last known address.'I'he notice will include the reason for cancellation. Form Numbers:l'AI-DOC 03/07 Forms [n addition to those listed above are also applicable to residents in the following states: Connecticut, Form Number:l'AI-RDRI-Ct' 03107 Illinois, Form Numbec'I'AI-RDRI-[1.03/07 Kansas, Form Number:'TAI-RDRI-KS 03!07 Maine, Form Number'CAI-RDKl-ME 03/07 Mirmesota, Porm Number:l'AI-RDRI-MN 03/07. In the Exclusions section the following replaces the exclusion regarding illegal acts: injury in which a contributory cause was the commission of or attempt to commit a felony by or on behalf of the Covered Person or his beneficiaries. Nevada, Norm Number.'I'AI-RDRI-NV 03!(17. In the 'Termination and Cancellation section the forty five (45) day ad vance written notice is replaced by a sixty (60) day advance written notice. New York, Dorm Number 1'AI-KDRI -NY (13/07. Covered Persons does not include language requiring a permanent residence within the 50 United States oCAmerican or the District of Columbia. 'Che following replaces the exclusions found in the Exclusion section: • suicide, attempted suicide or intentionally self-inflicted injury. • war or any act of war, whether declared or undeclared; participation in a felony, riot or insurrection; service in the Armed Forces or units auxiliary thereto • injury in which a contributing cause was [he Covered Person`s commission of or attempt to commit a felony or to which a contributing cause was the Covered Person's being engaged in an illegal occupation • sickness, except for an infection that was the result of an Injury • mental or emotional disorder • pregnanq•, except complications of pregnancy and except to the extent coverage is required pursuant to Section 3221 of the New York Insurance Law • the consequence of [he Covered Person's being intoxicated or under the influence ol'any narcotic unless administered on the advice of a physician. In the termination and Cancellation section the following is removed in ifs entirety: the date the Covered Person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia. In the'1'ermination and Cancellation section the following replaces the language regarding misrepresentation or fraud: the date we determine that the Covered Person or someone on the fovered Persons' behalf intentionally misrepresented or fraud occurred in a written instrument signed by the Covered Person. North Carolina, Eorm Number.'I'AI-KDRI-NC U31U7 Oklahoma, Eorm Number.'1'AI-KDRI-OK 03/07. In the Fxclusions section the following replaces the exclusion regazding war: war or act crf war, drdared or undeclared, while serving in the military service or any auxiliary unit attached thereto. are stepchildren; adopted or a pazty to a suit to be adopted children; grandchildren who are unmarried and dependent on the Cardmember for tax purposes at the. time the application for coverage is made; and physically or mentally handicapped children who are unmazried, cannot self-support themselves, and are beyond the termination age. Vermont, Porm Number'CAI-RDRI -V'I' 03/07. In the Exclusions section the following replaces the exclusion regarding suicide: suicide or selldeslruction or any attempt thereat, while sane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane. In the Exclusions section the following replaces the exclusion regarding specific conditions: sickness, physical infirmity, pregnancy, or any medical or surgical treatment iitt such conditions, unless treatment oC the condition is nyuired as the direct resuh of an injury. Description of Coverage Car Rental Loss and Damage Insurance provides the (:ardmember, if the Cardmember is the primary renter, (as defined below) with insurance coverage for damage to or theft of most Rental Autos when the Cardmember uses the Card (as described below) to reserve and pa}' for an auto rental from any Commercial Car Rental Company ("Rental Company") other than those located in Australia, Ireland, Israel, Italy, Jamaica, and New 7.ealand.' Phis coverage is always excess insurance. Rental Auto means afour-wheeled, two-axle passenger- typemotor vehicle, designed for and sold to accommodate private passenger transport on public roads. Who is Eligible for Coverage You are eligible for coverage if: 1. You are a Basic or Additional Cardmember and an American Express" Card or Optima' Card in association with that Card (the "Card") has been issued to you in }'our name; 2. You are of an account status and class [hat is provided Car Rental Loss and Damage Insurance as a benefit of Cardmembership ("Cardmember°); 3. lour Card account is billed from a U.S. operating center in U.S, dollars; and 4. You maintain your Permanent Residence within the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Permanent Residence means the Covered Persons one primary dwelling place where the Covered Person permanently resides and intends to return. A Personal, Gold, or Rewards Plus Gold Cardmember who is enrolled at an accredited four-year college, university or graduate school in the United States and is receiving student benefits provided as a benefit of Cardmembership is not eligible for benefits under this Policy. Commercial Car Rental Company or Car Rental Company means any commercial car rental agency which rents Rental Autos.' For the purposes of this Description of Coverage, Commercial Car Rental company means "Rental Company" flow to Activate Coverage Coverage for theft of or damage to a Rental Auto is activated when [he Cazdmember:' I. presents his or her eligible Card to the Rental Company to reserve the Rental Auto by making a reservation; or by placing a hold or deposit at the time the Rental Auto is checked out; Z. declines the full Collision Damage Waiver or similar option (CDW ), or pays for a partial collision damage waiver, offered by the Rental Company; 3. is the primary renter, which is delinrd as the Cardmember, who is named on the written agreement with the Rental Company as the person renting and taking control and possession of the Rental Auto ("Primary Renter"); and 4. uses the Card to pay for the entire auto rental from the Rental Company at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cazdmemher, who is physically challenged and unable to operate the. Rental Auto, may be the Primary Renter if he/she is When Coverage'I'erminates Coverage for theft of or damage to the Rental Aut terminates when: 1. the Rental Company resumes control of the R Auto, or 30 consecutive days after the Rental Auto wa out, whichever is earlier; or 2. the Policv is cancelled. Length of Coverage Car Rental Loss and Damage Insurance covers ell Rental Autos when rented under a written rental agrf from a Rental Company !or no more than 30 consecu Note: In nv event shall coverage be provided when Cardmember rents a Rental Auto beyond 30 consecuti frvm the same Rental Cvmpany, regardless of whether original agreement is extended, or a new written agree entered into, or a new vehicle is rented. Additionally, no coverage will be provided when t Primary Renter rents a Rental Auto for more than 30 consecutive days out of a 45-day period within the sa geographic market/location (75 mile radius). What is Covered Car Rental boss and Damage Insurance reimburs Cardmember for payments for damage to or theft of ; Auto that the Cardmember is required to make, up tr ot: I) the actual cost to repair the Rental Auto, 2) the Book value minus salvage and depreciation costs, or purchase invoice price of the Rental Auto minus saly: depreciation costs.'The coverage also reimburses the Cardmember for reasonable chazges (those charges it the closest facility that are usual and customary in the in which the loss or disablement took place) imposed Rental Company, such as towing or storage and boss Loss of Use means the unavailability of a Rental ~ conseyuent loss of revenue by the Rental Company d' damage or theft. Unless otherwise required by law, lh Company must submit a fleet utilization log indicatir during such time: I. no other Rental Auto was available; and 2. there was a demand for a Rental Auto. Car Rental boss and Damage Insurance covers no type of loss. For example, in the event of a collision it the Cazdmember's Rental Auto, damage to any other car or the injury of anyone or anything is not covered Note: T his policy does not provide liability or any coverage such as Uninsured Motorists, henefrts underr Worker's Compensation law, Disability benefits law or mandated Government Plans. What E•:xcess Coverage Means (:ar Kental Loss and Damage Insurance is an exce insurance plan. 'I'bis means that this excess coverage reimburse the Cardmember only for losseslexpenses covered by plans, such as a partial collision damage v personal auto insurance, employer's auto insurance o reimbursement plan or other sources of insurance. N other plans apply, a Cardmember must first seek pays reimbursement and receive a determination based or stated terms of such olhet Plans, that any such Plans provide coverage before this excess coverage will rein Cardmember. Y'ehictes Not Covered Car Rental Loss and Damage Insurance does not rentals of: 1. expensive cars, which means cars with an aril manufacturers suggested retail price of $50,000 or m new; 2. exotic cars regardless of year or value, includi limited to Chevrolet Corvette,lbyota Supra, Mazda F Dodge Viper and Stealth, Plymouth Prowler, Mitsubi: Gt', Nissan 300 ZX,laguar XJS, Acura NSX, Mercedes S Coupe and E320 Coupe and Convertible, BM W M3 Series, Cadillac Allante and all Porsche, Perrazi, Laml Maserati, Aston Martin, hotus, Bugatti, Vector, Shelb Bentley, Rolls Royce; 3. trucks, pick-ups, cargo vans, custom vans; 4. full-sized vans, including but not limited to, F Econoline or Club Wagon, Chevy Van or Sportvan, G: Vandura and Rally, llodge Ram Vans and Ram Wago 5. vehicles which have been customized or mod. the manufacturer's' factory specifications except for d 7. mini-vans used for aimmercial hire; Note: Passenger Mini-Vans (not Cargo Mini-Vans) with factory specified seating capacity of 8 passengers or less, including but not [united to, Dodge Caravan, Plymouth Voyager, Ford Windstar and Nissan Quest, are covered when rented for personal or business use only. 8. antique cars, which means cars that are 20 years old or have not been manufactured for 10 or more years; 9. limousines; 10. full-sized sport utility vehicles, including but not limited to, Chevrolet/GMC Suburban, "Tahoe and Yukon, Fnrd Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus LX450, Range Rover or full-sirxd Ford Bronco; 11. sport/utility vehicles when driven "oft=road"; and Note: Compact spore/utility vehicles, inchrdirtg but rmt limited to Pord Explorer, Jeep Grand Cherokee, Nissan Pathfinder, Toyota Pour Runner, Chevrolet Blazer arrAlsuzu 'Trooper and Rodeo are covered when driven on paved roads. 12. off-road vehicles, motorcycles, mopeds, recreational vehicles, golf or motorized carts, campers, trailers and any other vehicle which is not a Rental Auto. Losses Not Covered Caz Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: 1. operation of the Aental Auto in violation of the terms and conditions of the Rental Company agreement (including but not limited to losses occurring when: a person not permitted to operate the vehicle pursuant to terms of the rental agreement was in possession or control of the vehicle; or, driving the vehicle outside of the authorized rental territory); 2. leased ormini-leased vehicles; 3. costs attributed to the Commercial Car Rental Company's normal course of doing business; 4. intentional damage; 5. illegal activity, such as losses where the Rental Auto was used for, or involved in illegal activity or felony; 6. pre-existing conditions, damage or defect; 7. alcohol intoxication on the part of the driver, as defined in the state where the Accident oauned; 8. voluntarily taking any drug or acting under the influence or effect of shat drug (unless taken as prescribed or administered by a Doctor); 9. war or militazy activity; 10. radioactivity; 11. confiscation by authority; 12. wear and tear, including gradual deterioration; l3. damage which is due and confined to freezing, mechanical or electrical breakdown or failure unless such damage results from a theft covered by the Policy; 14. failure to return keys to the Kental Company when the vehicle is stolen; 1.5. theft or damage to unsecured vehicles; 16. theft of or damage to tires (Flats or binwouts), unless damaged by fire, malicious mischief, vandalism, or stolen, unless the loss is coincident with and from the same cause as other loss covered by the Policy; and 17. off-road operation of the vehicle. Car Rental Loss and Damage Insurance does not cover, and benefits will not be paid fur. 1, sales tax related to repair of damages, unless reimbursement of such sales tax is required bylaw; 2. damage to any vehicle other than the Rental Auer, 3. damage to any property other than the Rental Auto, owner's property, or items not permanently attached to the Rental Auto; the injury of anyone or anything; expenses assumed, waived or paid for by the Rental Company or its insurer; 6. expenses covered by the Cardmember', personal auto insurer, employer or employers insurer, or authorized driver's insurer; 7. value added tax or similar tax, unless reimbursement of such tax is required by law; 8. diminishment of value; 9. any Rental Auto used for hire or commercial purposes; and l0. depreciation, unless reimbursement for depreciation is required by law. L[ow to File a Claim Notification of damage. indudine vandalism. theft. or an agency as soon as reasonably possible.'fhis requirement applies regardless of whether the Rental Auto is involved with other vehicles. Failure to notify may result in denial of benefits. If a loss occurs, a Cardmember should promptly notify the Car Rental Loss and Damage Claims Unil loll free at (800) 33R-1670 in the U.S. only or call (490) 919-295(1 from other locations worldwide. If the Cailure of a Cardmember to promptly report a loss prejudices the rights of the Insurer, the claim may he denied. A representative will answer any questions a Cardmember may have and will send the Cardmember a claim form with instructions. (:omplete and sign the claim form. Written proof of loss, which includes the claim form and all other requested documentation (listed below), must be received within 60 days following the date of the damage or theft by: American Express Car Rental boss and Damage Claims L'niL PO Box, 94729, (7eveland, Ohio 44101-4729. If the proof of loss and other documentation is not received within 60 days of the date of loss, coverage maybe denied. Required documentation may consist of, but is not limited to: 1. our signed and completed claim form; 2. an itemized repair bill; 3. a copy of charge slip for the rental of the Rental Auto, Rental Auto contract or machine generated receipt to show rental was charged and paid for with an American Express Card; 4, a police report (if applicable); 5. photos of the damaged vehicle, if available; h. a copy of the Cardmember ~, authorized drivers or employer's auto insurance coverage, or a notarized letter staling no insurance; 7. a copy of all claim documents and correspondence, provided by the Car Rental Company; 8. a copy of the Rental Companys utilization log; 4. a copy of the drivers license of the Cardmember and/or authorized driver, unless the drivers license number shows nn the rental agreement; 10. a cop}' of the written rental agreement, front and back, which documents when the Kental Auto was checked out and checked in; and 11, inlimnalion pertaining to other available insurance coverage(s). Cardmember cooperation with issues related to their benefits is required. If all nyuired documentation is not received within 180 days of the date of loss (except for documentation which has not been furnished for reasons beyond the Cardmember ~ control), coverage may he denied. How Benefits are Paid All Car Kental Loss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember; except that payment may be made, at the discretion of the Insurer, jointly to the Cardmember and the Commercial Car Rental Company when the Car Rental Company has not been reimbursed for the covered loss or damage, or the Cardmember has not validly assigned his/her payments to the Rental Company or any other party. Note: Benefits wilt not Ge paid if, on the date of loss, on the date of chum filing, or on the date of potential chum payment, any amount due on Your Card account is past due or Your Card is cancelled.' Rights of Recovery In the event of a payment under this Policy, the Insurer is entitled to all the rights of recovery that the Cardmember, to whom payment was made, has against another.'Fhat Cardmember mull sign and deliver to the Insurer any legal papers relating to that recovery, do whatever else is necessary to help the Insurer exercise those rights and do nothing after lass to harm the Insurers rights. When a Cardmember or Commercial Car Rental Company has been paid damages under Policy No. AX(l<I25, and also recovers from another, the amount recovered from the other shall be held by that Cardmember or Commercial Car Rental Company in trust for the Insurer and reimbursed to the extent of the Insurers payment. As a condition precedent to coverage, the Cardmember is required, and has a duty [o fully cooperate with the Insurer in any investigations, subrogation matters or legal proceedings by providing copies of any and all legal notices and any and all statements, including sworn statements and contributing any other oaoers and documents to reasonably assist in the Notification of Legal Action When a Cazdmember is served with suit and/or s papers relating to a Car Rental Loss and Damage clan Cardmember must notify (see address and phone nu under Claims Notice section) and provide copies of t summons papers to the Car Rental Loss and Damage unit within 15 days of when the Cardmember is servt to comply may result in denial of benefits. Additional Information for You 'This coverage is underwritten by AMEX Assuraa Compan}' ("Insurer") through insurance Policy AX04 "Policy") issued to American Express Travel Related Company, Inc. and its participating subsidiazies, affil licensees. The Policy may be changed or terminated. 'Chic Description of Coverage is an important clot Please keep it in a safe place. Although it describes th form of insurance as it exists at the time of printing, t document is not the Policy or contract of insurance. ' benefits described in this documrn[ are subject to all terms, conditions and exclusions of the Policy issued underwriter. "Phis document replaces any prior llesct Coverage under the Policy which may have been fury the Cardmember. t, Jny A. Hanson, President John M. Collins, Se A1vIfiX Assurance Company AMEX Assurance C CRL.DI-DOC-CCSG 11105 1. Por chase eligible and enrolled in Membership Rew Membership Rewards redemption certificate is used, c. provided only to Rental Autos rented in the United Sta 2. When used in conjunctuon with a Membership Rer redemption certifutate, the participatingCarRental Ce are limited to Hertz, National and Budget. 3. If eliguble and enrolled in Membership Rewards, co also actuvuted when the Cardmember (I) presents a M Rewards redemption certificate and (2) uses u Membe, Rewards redemptuon certifitateat a participatingCorr Car Rental Company Important note for [hose enrolle, Membershup Rewards: A Membership Rewards redemt certificate can only be redeemed by eligible Cardmemt Benefits wall not be paid when a Membership Rewards redemption certifutate has been transferred to non-elig Cardmembers and/or non-Cardmembers. 9. Does not apply to New York State residents. Additional Information for Residents of Louisian. The Rights of Recovery section is replaced with following: Il the Company makes any payment under this Pt the Cardmember has the right [o recover damages frt another, the Company shall be subrogated to that rig! However, the Company's right to recover is subordin: Cardmember, right to be fully compensated. CKI,D[-RDRI-LA 11/05 Additional Information for Residents of South lla Under Losses Not Covered, item number 5. is re with the following: Car Rental Loss and Damage Insurance does not losses caused by or contributed to by: 5. violation of criminal law, or commission of a act, whether cited or charged; Under Losses Not Covered, item number 7. is re with the following: Car Rental Loss and Damage Insurance does not , losses caused by or contributed to by: 7. consumption of alcohol at or in excess of the 1 alcohol level for a felony conviction in the state or lot which the Aaident occurred; CIiI.D[-RDRI-SD 11!05 Additional Information for Residents of Vermont tinder Losses Not Covered, the following item is removed: 7. alcohol intoxication on the part of the driver, in the state where the Aaident occurred; CRLDI-KDRI-VT 1 ]/05 Additional information for Residents of Wisconsit Under Losses Not Covered, the following items removes{: 7. alcohol intoxication on the part of the driver, as defined in the state where the Aaident occurred; 8. voluntarily taking any drug or acting under the influence or effect of that drug (unless taken as prescribed or administered by a Doctor); Under Losses Not Covered, the following item is added: 18. The use of the Rental Auto for unlawful purposes, or for transportation of liyuor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog, or a combination thereof, or under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner. CRLDI-R])Rl-WI 11/05 Additional Information for Residents of West Virginia Under How Benefits are Paid, the Footnote, to the note that reads: Note: Benefits wiii not be paid if, nn the date of toss, on the date of claim filing or nn the date of poientiui claim payment, any amount due on Your Card account is past due or Your Card is cancelled, is hereby revised to read as follows: Does not apply to West Virginia and New York State residents. CRhDI-RDRI-WV 11/05 Additional Information foe Resideuts of North Carolina A portion o(the fees associated with this Card are applied to the insurance benefit. CRLDI-RDRI-NC I1/OS The following form nutnhers are applicable to residents in the following states: Arizona and Indiana, Form Nmnbers: CRLDI-IND-CCSG it/O5; CRI,D[-IND-OSBN 11/(15; CRLDI-IND-PLAT 11/05; (:RLDI-IND-CFN 11!05; (:R[,lll-1ND-OSBN-PLAT 11/05; CRLDI-IND-I:nd 1 10(08 Texas, form Numbers CRLDI-IND-CCSG= I'X 11!05; CRLllI-IND-OSBN 'I'X 11105; CRLllI-IND-PLAT='CX 11!05; CRLDI-IND-(:EN=1:X 11/0>; (:RLDI-IND-OSBN-PLAT-'1:X 11105. The following is added to the policy: Phis policy only provides Coverage if you decline the full Collision Damage Waiver offered by the Rental Company.l'hispolicy is not automobile liability insurance and does not comply with any [financial responsibility law. Your personal automobile insurance policy may or may not provide Coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage fix rental vehicle damage or loss. I(you file a claim under your personal automobile insurance policy, your insurance company may choose to no renew your policy at your renewal date, but may do so only if you are at fault for the claim. A Termination and Cancellation section is added: Coverage will cease nn the earliest of the following - the dale you no longer maintain a permanent residence in the 50 United States of America or the District of Columbia; the date we determine that you or someone on your behalf intentionally misrepresented or fraud oaurred; the date we cancel the Policy; the date you are no longer a Cardmember; or the date the Policy is not available in the location where you maintain a Permanent Residence. If the Policy is cancelled, we will send written notice at least forty five (45) days in advance. We may nut cancel or non-renew this Policy based solely on the fact that you are an elected oflicial. THE FOLLOWING INSURANCE PLAN IS AVAILABLIi ONLY FOR COMMON CARRIER TICKETS CHARGED TO A PLATINUM DELTA SKYM[LES CREDIT CARD: 'Che American Express Card Baggage Insurance Plan is underwritten by AMEX Assurance Company, Administrative Office, Green Bay, WI. Coverage is determined by the terms, conditions, and exclusions o[ Policy AX040O or Policy BIP-1ND and is subject to chance with notice to you. 'Chia document the number on the back of your American Express Card for a complete copy of your terms and conditions. 't'he American lixpress Card Baggage Insurance Plan provides benefits for a Covered Person's damaged, stolen or lost baggage, whether checked orcarry-nn, when the entire faze for common cazrier conveyance tickets aze purchased and charged to your eligible American Express Card aaount. Covered Person means: a) the basic Cardmember, each additional Cardmember, and each of these Cazdmembers' spouses or domestic partners and dependent children under 23 years of age; orb) ofticers, partners, proprietors, employees, consultants or employment candidates authorized by a sponsoring organization, to have common carrier conveyance fares charged to that sponsoring organization's account Cor a bona fide business trip. AU Covered Persons must have a permanent residence within the 50 United States of America, or the District of Columbia. All other persons are not Covered Persons under the policy. Platinum Cazdmember means a Cardmember who has a Platinum Charge Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American lixpress Platinum Card. Any other Card which may re[erence the Platinum Warne or has Platinum colored plastic will not receive higher rnverage limits or benefits. The capitalized terms used herein shall have the meaning assigned to such terms in the policy. Certain terms contained in this summary are defined within the full policy document. You may file a claim by calling toll-free stateside I-800-645- 9700 or, if from overseas, by calling collect 1-303-273-6493. You may also write to Baggage Insurance Plan, PO Box 683, Golden, Cl) 80401. Description of Benefits We will pay a benefit to a (:ovend Person for a loss up to the applicable limits and under the circumstances described below. For New York Slate residents, there is a $10,000 aggregate maximum limit for all Covered Persons per covered trip. Carry-on Baggage Benefit: We will pay a benefit for the replacement cost, up to $1,250, for each Covered Person nn a covered trip lorloss of cazry-on baggage. A Covered Person is eligible for this benefit if the loss occurs while the Covered Person is upon a common carrier's terminal premises designated for passenger use, but only when the Covered Person is upon such premises immediately before boarding or immediately after alighting from a common carrier conveyance or while riding solely as a passenger in or boazding or alighting from a common carrier conveyance while on a covered trip. Checked Baggage Benefit: We will pay a benefit for the replacement cost, up to $500, for each Covered Person on a covered trip for loss of checked baggage. (Bicycles are covered when checked as baggage with a common carrier conveyance.) Iligh-risk Items Benefit: We will pay a maximum benefit of $250, tix each Covered Person on a covered [rip for loss of high risk items. High-risk items include, but are not limited to: jewelry; sporting eyuipment; photographic or electronic eyuipment; and computers and audio/visual eyuipment. Common Carrier Conveyance Benefit: We will pay a benefit for the replacement cost, up to $1,250, for each Covered Person on a covered trip, when a common carrier conveyance ticket is purchased in advance of a covered trip, for loss to baggage while the Covered Person is riding solely as a passenger on a common carrier conveyance when going directly to a common carriers terminal for the purpose of boarding a common carrier conveyance or when leaving from a common carriers terminal directly after alighting from a common carrier conveyance. Platinum Cazdmembers Carry-on and Checked Baggage Benefit: We will pay a benefit for the replacement cost o[ carry-on baggage up to a maximum of $3,000 for each Covered Person on a Crnered Trip. We will pay a henefit for the replacement cost of checked Baggage up to a maximum of $2,0(10 for each Covered Person on a (:overed Trip. Il a Covered Persons loss on a covered trip includes the replacement cost for bolhcarry-on and checked baggage, the benefit under this plan is limited to a combined total of $3,000. For New York State residents: We will pay a benefit for the replacement cost ofcarry-on baggage up to a maximum of $2,1100 for each Covered Person on a covered trip. The $10,000 aggregate maximum limit for all Covered Person per covered Platinum Cazdmembers Common Carrier Con Benefit: We will pay a benefit for the replacement cc $3,00(1, for each Covered Person on a covered trip, wt Common Cazrier Conveyance ticket is purchased in a covered trip. For New York State residents: We wi benefit for the replacement cost, up to $2,000, for eat Person nn a covered trip, when a common carrier cot ticket is purchased in advance of a covered trip. Iixclusinns Benefits are not payable if the -oss for which cove sought was directly or indirectly, wholly or partially, contributed to or caused by the following: war or any war, whether declared or undeclared; any act by cusU other governmental authority whether involving you. or by confiscation or reyuisition (except the 1'ranspot Security Administration); defective workmanship, ne wear and tear and gradual deterioration, or any illeg; or on behalf of the Covered Person. Items Not Covered: "Phis plan does not insure: ca eyuivalent, notes, accounts, bills, currency, deeds, fnr or evidences of debt or intangible property; credit cat other travel documents (including, but not limited to passports and visas); securities; tickets and documen and animals; automobiles and eyuipment; motorcyd motors; aircraft, boats or other conveyances; or props shipped as freight or shipped prior to the covered trig departure date. Iixcess Coverage 1[ any loss under this plan is insured under any o and collectible policy, then this plan shall cover such subject to its exclusions, conditions, provisions and n terms herein, only to the extent that the amount of st in excess of the amount of such other insurance whit payable or paid. Termination or Cancellation Coverage will cease on the earliest of the followin you nn longer maintain a permanent residence in the United States of America, or the District of Columbia we determine that you or someone on your behalf int misrepresented or fraud occurred; the date the Polic} benefit under the Policy is cancelled; the date you ter your account and are no longer a Cardmember or you is Cancelled by American lixpress; the date your acco to remain current and in good standing; or the date t not available in the location where you maintain a pe residence. 'lrmination or Cancellation of coverage prejudice any claim originating prior to termination cancellation subject to all other terms of the Policy. V the right to cancel the Policy at any time by sending a notice at least sixty (60) days in advance to you at yot known address.'Che notice will include the reason fo. cancellation. Form Numbers: BIP-DOC 07/07,BIP-DOC-I'1.A Forms in addition to those listed above aze also applicable to residents in the following states: Alaska, Porm Number: BIP-RDRI -AK 07/07 Kansas, Porm Number: B1P-RDRI-KS 07/07 Kentucky, Porm Number: BIP-RDRI-KY 07/07. 'termination or Cancellation section is revised to sem written notice of cancellation at least seventy-five (75 advance to you at your last known address. 'the nofic include the reason for cancellation. Louisiana, Porm Number: BIP-RDRI-],A 07!07. definition of Domestic Partner and all references to I Partner are removed from the Description of Coveral Maryland, Porm Number: BIP-RDRI-MD 07/07 New York, Form Number: B[P-RDRI-NY 07/07 Oklahoma, Porm Number: BIP-RDR]-OK 07/07 lollowing is added to the Description of Coverage: 1N Any person who knowingly, and with intent to injure or deceive any insurer, makes any claim fnr the pence insurance policy containing any false, incomplete or misleading information is guilty of a lelony. Vermont, Porm Number: BIP-RDRI-V'L' 07107 Washington, Porm Number: BIP-RllKI-WA 07/~ Wisconsin, Form Number: BIP-RDRI-WI07/07 The following form numbers are applicable to in the following states: Arizona, Indiana and Texas, Porm Numbers: BI narna om rnrn nr ~•rmuw s-MERIfAN Gold Delta SkyMiles® Credit Card CARLOS VAZQUEZ Closing Date 06/12/12 New Balance $5,318.78 Minimum Payment Due $834.00 Includes the past due amount of $728.00 Payment Due Date 07/07/12 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to payoffyour balance. For example: If you make no additional You will pay off the balance And you will pay an charges and each month you shown on this statement in estimated total of... pay... about... Only the 17 years 312,340 Minimum Payment Due If you would like information about credit counseling services, call 1-888-733-4139. See page 2 for important information about your account. O Your account has been cancelled and suspended. + Pleasefold on the perforation below, detach and return with your payment + /~. D E L T A p• 1/3 Account Ending 0-82009 To view your Delta SlcyMiles~ balance, visit delta.com Account summary Previous Balance 55,318.78 Payments/Credits -$0.00 New Charges +$0.00 Fees +$0.00 Interest Charged +$0.00 New Balance $5,318.78 Minimum Payment Due $834.00 Credit Limit $5,000.00 Available Credit $0.00 Cash Advance Limit 50.00 Available Cash $0.00 Days in Billing Period: 30 Customer Care Pay by Computer america nexpress.com/pbc Customer Care Pay by Phone 1-800-430-1000 1-800-472-9297 See page 2 for additional information. ® Payment Coupon ~ PaybyComputer ~ PaybyPhone Account Ending0-82009 Do not staple or use paper clips amencanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. CARLOS VAZQUEZ 1038 S 17TH ST HARRISBURG PA 17104-2621 Payment Due Date 07/07/12 New Balance X5,318.78 Minimum Payment Due $834.00 AMERICAN EXPRESS Check here if your addressor P.O. BOX 1270 phone numberhaschanged. NEWARK NJ 07101-1270 Note changes on reverse side. III~~~'~~~Ir~~IIII~~~r~~Il~~~ll~~'~Ilrr~l"rrrl~r~lll~~~~l~~ll 0000349991778922666 000531878000083400 09 r• S ~ Amount Enclosed Exhibit "~_" ~ARLOS VAZQUEZ Account Ending 0-82009 p. 2/3 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 addressto be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearablethrough the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-presentto your financial institution any payment that is returned unpaid. Permissionfor Electronic Withdrawal: (1) When you send a check for payment, you give us permission to eledronicallywithdraw your paymentfrom your deposit or other assetaccount. We will processchecks electronically by transmitting the amount ofthe check, routing number, account number and check serial number to your financial institution, unlessthe check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other assetaccount you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interestchargesaredetermined. The method we use to figure the ADB andinterestresultsindailycompoundingofinterest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwisectisclosed) balance transfersbeginning on the transaction date. Foreign CurrencyCharges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charges fee of 2.7%of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such asairlines)will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in your credit report. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-518-8866. Customer Care & Billing Inquiries International Collect Large Print & Braille Statements Express Cash SkyMiles Account Balance and Award Redemption 1-800-430-1000 Hearinglmpaired 1-336-393-1111 1TY:1-800-221-9950 1-800-430-1000 FAX:1-800-695-9090 1-800-CASH-NOW InNY:1-800-522-1897 1-800-325-3999 delta.com/skymiles Changeof Address If correct on front, do not use. • To change your address online, visit wwwamericanexpress.com/updatecontactinfo • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. • Please print clearly in blue or black ink only in the boxes provided. Street Address City, State Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Pay Your Bill with AutoPay • Avoid late fees • Save time Deduct your payment from your bank account automatically each month Visit americanexpress.com/autopsy today to enroll. Zip Code Area Code and Home Phone Area Code and Work Phone Email For information on how we protect your privacy and to set your communication and privacy choices, please visR www.amedcanexpress.com/privacy. ' nnnERwaN Gold Delta SkyMiles® Credit Card EXPRESS CARLOS VAZQUEZ Closing Date 06/12/12 /~. D E L T A p. 3/3 Account Ending 0-82009 Amount Total Fees for this Period $0.00 Interest Charged Amount Total InterestChargedfor this Period $0.00 2012 Fees and Interest Totals Year-to-Date Amount y.__.._._.._____._.___._..__.r.....____..___..__..._...__ T._.._._. _._..__._. ~__..~.__ _..~___~_ ._______._ _.~_.~_.___...___ Total Fees in 2012 $95.00 Total Interest in 2012 $130.60 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance Subject to Interest Rate Interest Charge Purchases 14.50% (v) $0.00 $0.00 Cash Advances 25.24% (v) $0.00 $0.00 Total --- #0•~ (v) Variable Rate VERIFICATION I, Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Demetrios H. Tsarouhis, Esquire Date: February 18, 2013 130025.001 5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal . Savings Bank �-, h, r, Plaintiff �' ` : No. 2013-01054 rrn W - =rrl = r'� V. z"3 r -.0 r . --<--- CAD t"-' CARLOS VAZQUEZ c == -' 3>(---, ° ca-,-i Defendants .7-cp �_ 130025.001 ZyC c) �1: PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff and against: CARLOS VAZQUEZ , for want of Answering the Complaint and Entry of a Defense. Assess damages as follows: Debt $5,318.78 TOTAL $5,318.78 ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. Z Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of th otice is attached. DATE: )` V r` DEMETRIOS H. TSAIIS Attorney for Plaintiffs +11o,5DpJ AM/ 21 S. 9th Street C,#I IqJ Allentown, PA 18102 610-439-1500 Attorney ID 88513 Ai `Tice/lidded NOW, I, / , 2013, JUDGMENT IS ENTERED AS ABOVE. / , Prothonotary By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal • Savings Bank Plaintiff : No. 2013-01054 v. • CARLOS VAZQUEZ • Defendants • 130025.001 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the plaintiff, judgment creditor, is 4315 S 2700 W, Salt Lake City UT 84184, and the last known address of the defendant(s),judgment debtor(s) is as follows: CARLOS VAZQUEZ 107 JUNE DR CAMP HILL PA 17011 DATE: (%� _�� 7 " Le r 3 DE ETRIOS H. TSAROUHIS Attorney for Plaintiffs 21 S. 9t Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal . Savings Bank Plaintiff v. : No. 2013-01054 CARLOS VAZQUEZ • Defendants • . 130025.001 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA • SS. COUNTY OF LEHIGH • I, Demetrios H. Tsarouhis, being duly sworn according to law, deposes and says that he is the attorney of plaintiffs, that he is authorized to make this affidavit on behalf of plaintiffs; that the above-named defendant CARLOS VAZQUEZ reside(s) at 107 JUNE DR, CAMP HILL PA 17011 ; and that the defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act and the amendments thereto. .�,L - Demetrios H. Tsarouhis, Attorney for Plaintiff Sworn and subscribed Before me this ` ay of i j u. , 201 Notary Publi NOTARIAL SEAL TAMMY L.COVEN Nota Public CITY OF EASTON, NORTHAMPTON COUNTY My Commission Expires Sep 21, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW • American Express Bank FSB, a Federal • Savings Bank, Plaintiff v. : NO. 2013-01054 CARLOS VAZQUEZ, Defendant 130025,001 To: CARLOS VAZQUEZ 107 JUNE DR CAMP HILL PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S.Bedford Street Carlisle,Pennsylvania- telephone number 717-249-3166 Respectfully Submitted, DEMETRIOS H.TSAROUHIS Attorney for Plaintiff Attorney ID#88513 21 S.9th Street Allentown,PA 18102 Tel:(610)439-1500 Date: June 11,2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank Plaintiff : No. 2013-01054 v. • CARLOS VAZQUEZ Defendant • • 130025.001 NOTICE OF FILING JUDGMENT To: CARLOS VAZQUEZ 107 JUNE DR CAMP HILL PA 17011 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-628-2440, or, you may contact Attorney Demetrios H. Tsarouhis, Esq. via written correspondence at 21 S. 9th Street, Allentown, PA 18102. /3 goi DATE: ,Prothonotary