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HomeMy WebLinkAbout13-1200COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank Plaintiff v. REBECCA COUTTS Defendant o~ (~ v ~ No. ~ ~ " I • 130056.001 NOTICE TO DEFEND z-> ,'~, ' ..;~ ...., ~:., ~ :- __. ~^ i..... J . ,.-1 f.~ l~ ': r-' Jar «~ys -- -~. „.,. ,:=>J t .~ ~~ r. a ~: .~ =~ ^~~ 4 _ "i ,~ ~; ~-~ _ : -~, ~} ;, ':i -. 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 1 do hereby certify that the within is a true and correct copy of original filed in this action. ~~~i ~~~~- ~v~,ZSz Demetrios H Tsarouhis Qnn.+ ~ ~03.75~ L'~~ 3aa~/ a . e~a~~~ss COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff v. No. REBECCA COUTTS, Defendant 130056.001! 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, REBECCA COUTTS , is an adult individual resident of Pennsylvania who maintains an address at 256 H STREET, CARLISLE PA 17013. 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 * * * * * * * * * * * 1002. 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 * * * * * * * * * * * 1002, 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 teens 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 12/18/2012 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $10,450.83. 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 $10,450.83 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 $10,450.83. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $10,450.83 due on the account; b) Costs of suit. Respectfully Submitted, ~~c,~~z1 ~~ti~-- DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9`h Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: February 24, 2013 130056.001 4 FDR 974883 Welcome to American Fx~ress CardmemberchEp 'Phis document and the accompanying supplement(s) constitute your Agreement. Please read and keep this P,grermcnt. Abide by its terms. When you keep, sign or use the Card issued to you (including any renewal or replacement Cards), or you use [he account associated with this Agreement (your'Aaount"),you agree to the terms of this Agreement. 7'he 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 he liable on the Account. The "Basic Cardmember' is the person who opened the Account. At your request, we may also issue a Card on your Account to another person (an "Additional Cardmember"). The term "Cazd° refers to the American Express' Card issued to you, all other Cards issued on }'our P,ccounl, and any other device (such as Account numbers and convenience checks) with which you may access your Account. "We;"`our" and "us" refer to American Express Bank, FSB, [he issuer of your Account. Usint; the Card You ma}' 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 ("(:ash Advance(s)") through various means we may make available (e.g., A'TM machines) up to the applicable limits on your Account. At our discretion, we may permit you to transfer balances from other accounts [o your Account ("Balance Transfer(s)"). At our discretion, we may issue convenience checks that you can use to access your Account. Each convenience check may be used only by you. You may not use convenience checks to pay an}' amount you owe under this Agreement or to pay any other account you have with us or our affiliates. Transactions you make in response to promotional offers from us will be subject to the terms of the promotion and this Agreement. Al] amounts charged to your Account, including Purchases, (:ash Advances, Balance Transfers, convenience checks, annual fee(s), it any, any amounts guaranteed by use of the Card, other fees, and any Finance Charges, are "Charges" A convenience check that we identify as having been made payable to cash, to you, or to a bank, brokerage or similar asset account will he u-eated as a Cash Advance. Any other convenience check and/or a Balance Transfer will be treated as a Purchase, except as otherwise noted. If you make a Purchase or a Balance 'Transfer, or use a convenience check, shat is governed by a promotional offer from us, the Charge will he 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 notil}~ us if the Card is lost or stolen, or you suspect that it is being used H'ithout your permission. You agree to use the Account only for Purchases, Cash Advances, or Balance'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 Aaount ("Recurring Charge(s)"), we may (but are not required to) provide such third party with your current Account status, Card number and(or 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 Card to you or an Additional Cardmember. 'fo withdraw authorization for a Recurring Charge, you must notify the third party. annual I ec Classic The annual fee for the Amount is $S5. Gold: The annual tee for the Account is $95. Platinum: The annual fee for the Account is $ISO. Credit Line A portion of your credit line may he available to you for Cash Advances up [o your (;ash Advance limit. We may, at any time and in our sole discretion, increase and/or decrease your credit line and Cash Advance limit. We may Iimi[ Charges al an automated teller machine ('ATM") to the lesser of (i) a total of $ I,00(1 in any seven-day period, for Classic Credit cardmembcrs, a total of $2,500 to 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 (:ash Advance limit on your Aaount; and we may impose additional limits at our sole discretion (in addition to any limits imposed by the ATM's owner). Your billing statements will show your credit Tine and (:ash Advance limit and the unused portions of such line and limit as of the statement date. Yuu agree to manage your Account so that your balance for Cash Advances (including fees and Finance Charges) will not exceed the Cash Advance limit and your overall balance (including fees and Finance Charges) will not exceed your credit line. You agree to pay us, immediately upon reyues[, the amount of any balance on your Account in excess of any applicable credit line or limit. We reserve the right to decline any attempted Charge, even if the Charge would not cause you to exceed your credit line or limit. We are not responsible for any losses or other consequences if a trans action on 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 be responsible if any merchant refuses to honor the Card or for any other problem you may have with a merchant. Promise to €'ay You promise to pay all Charges, including Charges incurred by Additional Cardmembers, on your Account. "Phis 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 Irt use the Card, even though you have agreed not to let anyone else use the Card. Status of and Responsiftiiliri for Additional Cardmrrnhcrs Additional Cardmembers do not have accounts with us. Instead, they are authorized users on your Account, and the Cards issued to them may he cancelled by you or us at any time. You must notify us to revoke an Additional Cardmember c permission to use your Account. You are responsible under this Agreement for all use of your Account by 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 [o pay it, and we may, at our discretion, pursue Additional Cardmembers for payment of Charges they incur or authorize. You authorize us to provide Aaount information to Additional Cardmembers and to discuss the Account with them. You agree to notify each Additional Cardmember, a[ 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, Telephone Monitoring/ Rrrnrding, 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"). ]f you wish a Billing Address change to apply to more than one account you maintain with us, you must tell us. You agree that wr may also update your Billing Address if we receive information that your Billing Address has changed or is incorrect. The "New Balance" appears on your billing statement To determine fhe New Balance, we begin with the outstanding balance on your Account at the beginning of each billing (:D 25820 (07/09) ~; ~~ period, called the "Previous Balance" on the billing statement. We add any Charges, subtract any credits or pa}ments credited as of that billing period, and make other applicable adjustments. Minimum ,Ornotmt flue loch billing statement will reflect a Minimum Amount Due. Payment is due by the time and date shown and in the manner prescribed on the statement. The Minimum Amount Due will not exceed the New Balance. You may pay more than the Minimum Amount Due, up to the entire outstanding balance, at any time. To calculate the Minimum Amount I)ue, we add together the following amounts, round the result to the nearest whole dollar, and then add any amount past due: (1) the greatest of: (a) 2% of the New Balance (excluding fmm the New Balance any late fees or over-limit fees): (b) the lesser of: (i) current billed Finance Charges plus 1 % of the New Balance (excluding from the New Balance any laic fees or over-limit fees and finance charges), or (ii) 9% of the New Balance; or (c) $15; (2) any over-limit fees added during the billing period; and (3) any late fees added during the billing period. Adjusted Minimum Amount Due Summary: If you consistently pay more than the Minimum Amount I)ue outlined above, we may calculate your minimum payment without any late fees or the additional l % of the balance referenced in (1)(b)(i). ]f we do this, and finance charges are more than 2% of the balance, we may add $15 to your minimum payment. For information about how this works, read the detailed description below. Detailed Description: We may adjust the outlined calculation above by removing the late fees in (3) and "plus I % of the New Balance° in (1)(b)(i). In the adjusted calculation, we will exclude only the over-limit fees from the New Balance in (1)(a). After the adjustment, if (1) is equal to the current billed Finance Charges, we will increase your Minimum Amount llue by $ I5. We will apply the adjusted calculation to your Account if: • the sum of your payments (credited to your Account in the six consecutive billing periods ending with the Closing Date of the current billing period) is greater than the sum of the Minimum Amounts Due (for the six consecutive billing periods ending with the loosing Date of the previous billing period, not using the adjusted calculation and including the amount past due in only the first of those six periods); • the sum of the Minimum Amounts Due is equal to the sum of your payments and it is less than or equal to $90; • the sum of [he Minimum Amounts llue is zero and we used the adjusted calculation in the last billing period when your Minimum Amount Due was not zero; or • it is the first billing period ending on or after November 16, 2007, and your Account was opened before that date. if we adjust your Minimum Amount Due, we will do so for at least six billing periods, and if we stop adjusting your Minimum Amount Due, we will not adjust i[ again for at least six billing periods, regardless of your payment history. Payments All payments must be sent to the payment address shown on your billing statement and must include the remittance coupon from your billing statement. You must pay us in U.S. currency, with a single draft or check drawn on a U.S. bank and payable in U.S. dollars, or with a negotiable instrument payable in U.S. dollars and clearable through the U.S. banking system, or through an electronic payment method clearable through the U. S. banking system- Your Account number must be included nn or with all payments. If we decide to accept a payment made in a fi~reign currency, you authorize us to choose a conversion rate that is acceptable to us to convert }'our remittance into U.S. currency, unless a particular rate is reyuired by law. Payments conforming to [he aboverequir~em~ents that we receive no laser ~ Qtr Z!t --~_ slalemenl will be credited to your Account as of the day received; pa}'mKpts conforming to the above requirements that we receive after the hour specified on your billing statement will be credited to your Account as of the following day. A delay in delivery of your billing slalemenl does not extend vourgraceperiod, ifany. Regardless of when you receive your billing slalemenl, your payment must he received by us by the Payment Due Date and time shown on your billing slalemenl. If payment does not conform to the requirements stated above, crediting may be delayed. If this happens, additional Charges may br imposed. We may accept lair payments, partial payments or any payments marked as being payment in full or as being settlement of any dispute without losing any of cur 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 acceptance of such payments will not operate as an accord and salisfadion without our prior express written approval. Subject to applicable law, we will apply and allocate payments and credits among balances and Charges on your Account in any order and manner deter mined by us in our sole aiscretion. In most cases, we will apply and allocate payments first to balances at lower Annual Percentage Rates ("APRs") and then to higher APR balances, and apply Purchase credits first to the balance from which the corresponding debit originated. However, for 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. Authorizatint~ for Electronic Drhit to Your Checking ~lccrruni When you provide a check as payment, you authorize us to use information from your check to make an electronic fund transfer from your account or to process the payment as a check transaction. Ff wr process your check electronically, Lands may he withdrawn from your bank or asset account 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 nr asset account statement. F finance Char;;es rl. Finance Charges begin to accrue for each Charge as of L're date the Charge is added to the daily balance, as described below. If payment in full for any New Balance shown on the statement (or a billing period is credited to your Account by die Payment Due Date shown on that statement, then Finance Charges will not accrue for Purchases from the date on which payment in full of that New Balance is credited to your Account until the end of [he billing period in which such payment is credited to your Account. In addition, Finance Charges will not accrue for Purchases during a billing period if (.a) the Previous Balance shown on the billing statement for that billing period is zero or a credit balance, or (b) payment in full Cor the Nrw Balance, if any, shown nn the statements covering the two immediately preceding billing periods is credited to your Account by the respective Payment Due Dates shown on those statements. For purposes of this paragraph, Purchases do not include Balance Transfers or convenience checks. B. 'Fhe Daily Periodic Rate ("DPR") for Purchases and the DPK for Cash Advances are each based on an APR, which may vary. Thr APR for Cash Advances is the Prime Rate plus 17.9996. A DPR is 11365th of the APR. Your DPRs and APRs for Purchases appear on the accompanying supplement(s). When an APR changes, sve apply it 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 he equal to the Prime Rate plus 19.99`k~ if during any Review Period any portion of any btinimum Amount Due is not credited to your Account by its Payment llue Date. 'Fhe "Keview Period" is the period, constituting approximately one year, oI twelve consecutive billing periods ending with the Closing Date of [he current billing period, whether or not you received a statement for each such billing period. F). Notwithstanding the foregoing, the DPR (and corresponding APR) on all balances will increase to the Default Kale if during the Review Period (i) payment of your Minimum ,4mount Due is not credited to your Acu>unt by the Payment Dur Date in any two billing periods, (ii) a payment nn your Account is not honored b}' your hank or other financial institution, or (iii) you exceed any designated credit limit on your Account three or morn times. 'fhe "Review Period" is the period, constituting approximately one year, nl twelve consecutive billmg periods ending with the Closing Date of the current billing period, whether or not you received a statement for each such billing period. If the Default Ratr is applied, it will apply to your Account for a minimum of twelve consecutive billing periods, beginning with the current billing period. The Default Kate is a DPK which corresponds to an APR equal to the Prime Ratr plus 23.9996. E. The "Prime Kale" is determined once wish respect to each billing period. The Prime Kale for each billing period is the Prime Ratr published in the Money Rates section (or successor section) of The Wal! Street Journal nn (a) the first day of that billing period or (b) the day that is two days prior to the Closing Date of that billing period, whichever is higher. In each case, if such a day is not a customary publication day for The Wa11 Street Journal, we will substitute the closest preceding day that is a customary publication day. If The Wa11 Street Journal ceases or suspends publication, we may refer to the Prime Rate published in any other newspaper of general circulation in New York, New York, or we may substitute a similar reference rate at our sole discretion. Any increase or decrease to an APR resulting from a change in the Prime Kate takes effect as of the first day of the billing period. An increase in the Prime Rate means that the variable APKs (and corresponding DPRs) applicable to your Account will increase and you ma}' incur higher Finance (:barges and may have a higher Minimum Amount Due. Average:Daily Batat~ce Method for Calculation of f'inancc C..Itarges We use the Average Daily Balance method to cakulatr Finance Charges on your Account. Under this method, we calculate the Finance Charges on your Account by applying the DPR 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 be applied to separate balances, such as Furchase, Cash Advance, and Promotional Balances. To gel the Average Daily Balance for each balance, we (1) take the beginning balance for each day (including unpaid Finance Charges from previous billing periods), (2) add any new transactions, debits, or fees, (3) subtract any payments or credits credited as of that day, and (9) make any appropriate adjustments. For each day after the firs) day of the billing period, we also add an amount of interest equal to the previous day's daily balance multiplied by the DPK 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. Then, we add up all the daily balances for each balance for the billing period and divide the total by the number of days in the billing period. This gives us the Average Daily Balance for that balance. If you multiply the Average Daily Balance for each balance by the number of days in the billing period and the DPR for that balance, the result will be the Finance Charge assessed on that balance, except for variations caused by rounding. The total Finance Charge for the billing period is calculated by adding the Finance Charges assessed on all balances of the Account. This method of calculating the Average llaily Balance and Pinancr 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 to produce mathematically equivalent results while using fewer and/or simpler computational steps than are described in this Agreement. At our discretion, we may exclude certain categories of debit transactions or fees from the calculation of the daily balances. Unless we elect to use a later date, we add a Charge to the daily balance as follows: We add a (:ash Advance or Purchase to the appropriate daily balance as of [he date of request or the transaction date on the billing statement. We add a convenience check to the appropriate daily balance as of the date of first deposit. We add a Balance'fransfer other than through a convenience check tit the appropriate daily balance as of the date of the request. We add periodic Finance Charges to thY daily balance as described above. We add any other Charge to the appropriate daily balance as of the date of the transaction. Periodic Finance Charges are added to the outstanding balance al the end of the billing period for which Finance Charges are calculated. ]n any such billing period, we will impose a minimum Finance Charge of $0.50, which will be added to the balance with the highest APR unless, for our convenience and in our soli discretion, we choose to add it to a balance with a lower APR. In our sole discretion, we also may round any calculations made in determining the Finance Charges on your Account in any way that is convenient to us. Any such rounding may apply to or cause variations in your DPRs. Late Fees We may assess a late Fer i[ a payment of at ]east the Minimum Amount Due is not credited to your Account by the Payment Due Date. "fhe amount of the Late Fee depends on the amount of the Previous Balance on the statement on which the Late Fee appears, as follows: Previous Balance Late Fer Less than $900 $19 $900 or greater $38 ()then Fees We may charge the following fees to your Account, subject to applicable law. Except as otherwise noted, these fees will be added to the Purchase Balance. F . Dishonored Payments: We may charge a fee of $38 whenever any check, similar instrument, or electronic payment order that we receive as payment on your Account is not honored upon first presentment. If a Card is presented in connection with cashing a check at an American Express Travel Service Office or other authorized location and the check is not honored, we may charge a fee of $38. (We will also add a Charge to the Cash Advance balance of your Account in the amount of the check that was not honored.} 2. Copies of Statements We may charge a lee of $5 for each billing period for which a copy of a billing statement is requested. We will not charge this fee for any request for a copy of any of the billing statements for the three billing periods immediately prior to the request. 3. Account Re-opening Fee: We may charge a re-opening fee of $25 i (your Account is cancelled for any reason and you request reinstatement and such request is honored. ~t. Wire Transfers: We may charge a fee of $15 each time a wire transfer from your Account is initiated and authorized. ~. Stop Payment Orders: We may charge a fee of $29 each time we receive a request to stop payment on a convenience check drawn on your Account. (i. Over-limit Fee: We may charge a fee of $35 in each billing period the Nrw Balance on your statement exceeds your credit line. '. Convenience Check UsagelBalance Transfer Transaction Fee: We may assess a transaction fee for each Balance'1'ransferaod each convenience check drawn on your Account, as disclosed in the applicable Promotional Offer, in the materials accompanying the convenience check, or at the time of [he transaction. This fee is a Finance Charge and, if assessed, will be added to the same Purchase or Cash Advance balance as the convenience check transaction or Balance Transfer. For convenience checks made payable to cash or to you, a bank, brokerage or similaz asset account, however, unless otherwise disclosed in the applicable Promotional Offer, in the materials accompanying the convenience check, or at the time of the transaction, there will be a transaction fee of 39'0, with a minimum of $5. 8. ATM Fee: Wr will impose a fee each time a Card is used to obtain cash or any other services from an ATM. This fee will be 3% of the amount of the cash withdrawn or other services obtained (including any additional fee imposed (or use of the A'fM by its operator), with a minimum of $5. This fee will he added to the (:ash Advance balance. Sttsl>ensiarni{:aocellatictn In addition to any other actions we may take under this Agreement, we may suspend or cancel your Account or any feature offered in connection with your Account, we may reduce your credit line or each advance limit (including to a level below your outstanding balance), andlor we may suspend F'DR 979883 or cancel the authorization of any Additional Cardmember to malfe Charges ~o your Account, at our sole discre¢on at any time, with or without cause, whether or not your Account is in default, and without givint; you notice, subject to applicable law. Any such action on our part will not cancel your obligation to pay all Charges due on your Account under the terms of this A,greemrnt in effect at the time otsuch action or as subseyuently 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 you and/or Additional Cardmembers have been cancelled. If car cancel the Gard or it expires, you ma}' no longer use it and you must destroy it or return it to us or, if we reyuest, to a third party. If you want to cancel the Account or any Additional Cards, you must notify us and destroy the Card(s). If we agree u, reinstate your Account alter 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, car may reinstate an}' Additional Cards issued in connection with your Account, and bill you the applicable annual lee(s). I)rfault We may consider your Account to be in default at any time it you fail to pay us any amount when it is due, or if you breach any other promise or obligation under this Agreement. Subject to applicable law, we may also consider your Account 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 to 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 ofyour credit characteristics, regardless of your performance on this Account. We may also consider your Account in default in the event ofyour death. In the event of }'our default, and subject to any limitations or requirements of applicable law, we may require payment of a portion of your outstanding balance greater than the Minimum Amount Due, declare the entire amount ofyour obligations to us immediately due and payable, and/or suspend or cancel your Account andlor any feature that may he offered in connection with the Account. You agree to pay all reasonable costs, including 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 T'ransaeeians Made in foreign C,urrencirs 1(you incur a Charge in a foreign currency, it will he converted into U.S. dollars nn the date it is processed by us or our agents. Unless a particular rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. Currently, the conversion rate we use for a Charge in a foreign currenry is no greater than (a) the highest official conversion rate published by a government agency, or (h) 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%. i'his conversion rate mad' differ from rates in effect on the date ofyour Charge. Charges converted by establishments (such as airlines) will he billed at the rates such establishments use. F3~cuefits and tiers ice s Subject to applicable law, we have the right to add, modify or delete any benefit, service, or Feature that may accompany your Account at any time and without notice to you. Arbitration Purpose:l'his Arbitration Provision sits forth the arcumstances and procedures under which Claims (as defined below) maybe arbitrated instead of litigated in court. Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that 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. For purposes of [his Arhilration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser o(any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of"Claims." "Claim" includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "(1aim" 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) if and 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.'fhe term "Claim"is to be given the broadest possible meaning that will he 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 services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court. Initiation of Arbitration Proceeding/Selection 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 [he 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 ("NAF") or the 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 after 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 information about these organizations, contact them as follows: • NAF at P.O. Box 50191, Minneapolis, MN 554(15; website: www.azbitration-forum.com. • AAA at 335 Madison Avenue, New York, NY 1([(117; website: www.adr.org. Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NF.ITHF.R YOU NOR WF. WILL HAVF. THF. RIGH"I"f0 LITIGATE'fI1AT CLAIM IN COURT OR HAVIi A JUKY TRIM, ON THAT CLAIM. FURTHEK, YOU AND WI[ WIL1. NO'f HAVE THF, RIGHT TO PAR'f1C1PATE IN A KF.PRF.SENTATIVF. CAPACITY OR AS A MEMBER OF ANY CLASS OF C1,AlMAN"I'S PERTAINING TO ANY CLAIM SUBJECT"1'O ARBITRATION. EXCEPT AS SF.T PORTF{ BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL. AND BINDING. NOTF. THAT OTHER RIGHTS "THAT YOU OR WF. WOULD HAVF.IF YOU WENT TO COURT ALSO MAY NOT BF. AVAILABLF. IN ARBITRATION. Restrictions on Arbitration: IP EITHER PARTY L'LECTS TO KF.SOLVE A CLAIM BY ARBITRA"PION, THAT CLAIM SHALL BE ARBFTRATF.D ON AN INDIVIDUAL, BASIS. THERE SHALL. BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES 1NVOI VING CLAIMS BROUGHT IN A PURPORTED RF.PRFSF.NTATIVF, CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OK OTHER PERSONS SIMILARLY SI"fUA'I'ED. "Che arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrators authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other Than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive rlfecl as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including but not limited to the Continuation provision below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions on Arbitration provision he deemed invalid or unenforceable, then the entire Arbitration Yrovisinn (other than this sentence) shall not apply. Arbitration Procedures: This Arbitration Provision is madepursuanl to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may br amended (the "FAA'). The arbitration shall he governed by the applicable Code, except that (to the extent enforceable under the FAA) This Arbitration Provision shall control if it is inconsistent with the applicable Code.'fhe arbitrator shall apply applicable substantive law consistent with the PAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely reyuest o(either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any Federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery under the applicable (:ode. The party submitting such a reyuest must provide a copy to the other pazty, who may submit objections to the arbitrator with a copy of the objections provided to the rryuesting party, within fifteen (15) days of receiving the rryuesting party's notice. The granting or denial of such a reyuest will he in the sole discretion of the azbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to athree- arbitra[or panel adminislcred by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the azbitration organization That it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dared writing. Thr arbitration organization will then notify the other party that the award has been appealed.'I'he arbitration organization will appoint athree-arbitrator panel that will conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant c written notice. The decision of the panel shall be by majority vote and shall be final and binding. Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. You will br responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such Cees do not exceed the amount of the tiling fees you would have incurred if the Claim had been brought in the state or federal court doses[ to your billing address that would have jurisdiction over the Claim. We will he responsible for paying the remainder of any arbitration lees. At your written request, we will consider in good faith making a temporary advance of all or part ofyour share of the arbitration fees for any Claim you initiate as to which you or car seek arbitration. You will not be assessed any arbitration Ices in excess ofyour share if you do not prevail in any arbitration with us. Continuation:'1'his Arbitration Provision shall survive termination of your accounts as well as voluntary payment of the Account balance in lidl by you, any legal proceeding by you or us to collect a debt owed by the other, any bankruptcy by you or us, and any sale by us of your Account (and in the case of sale, its terms shall apply to [he buyer oCany ofyour Account). Except as otherwise provided in [he Restrictions on FDR 974883 Arbitration provision above, if any pot lion of this Arbitration Provision (other than the Krstrictions on Arbitration provision) is deemed im~alid 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 enforceahlc regardless of such invalidity. 14'aiier Our failure to cxeriise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of our rights on any occasion, shall not constitute a waiver of such rights nn any other occasion. ConsumrrReports You authorize us to request 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 louse 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.lf you believe information we have Curnished about your Account to a consumer reporting agency is inaccurate, you should write to us at: American Express Credit Bureau Unit, P.O. Box 7871, Ft. Lauderdale, FL 33329-7871 and identify the specific information you believe is inaccurate. You are hereby notified that information about your Account that may have a negative impact on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. "1'elepho€re \ForritoringlRecording You agree that from lime to time we may monitor andlor record telephone calls between you (or Additional Cardmembers on your Account) and us to assure the yualily 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 (awful purpose, including but not limited to: suspected fraud or identity theft; Account transactions or servicing; offers of American Express products and services; and collecting on your Account. You authorize us [o place prerecorded calls in connection with the status of your account, or security and identify theft mailers. You agree to pay any fees or charges you incur for incoming calls or text messages from us without reimbursement. Privacy Ad of Ira%4 notification Llse of the Card at Federal Government Agencies American Express has entered into contracts that enable the Card to be accepted at certain federal government agencies and departments ("Agencies"). As with Card transarlions at commercial establishmrnts,wben you choose to use your t;ard at an Agency, certain (:barge 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 maybe aggregated for reporting, analysis and marketing activities. Additional "routine uses" of Charge information by Agencies are published periodically in the Federal Register. Insurance Products Notice We identity insurance providers and products that may be of interest [o you. In this role we may act on behalf of the insurance provider, as permitted bylaw We receive compensation from insurance providers [hat may vary b}' provider and product. Also, we may receive additional compensation or financial benefit when AMEX Assurance Company or another American Express entity acts as the insurer or reinsurer (or these products. The arrangements we heave with providers, including [he potential to insure or reinsure products, ma}'also influence what products and providers wr identify. 'notices Any notice given by us shall be deemed given when deposited in the U.S. mail, postage prepaid, addressed to you at the latest Billing Address shown on our records. Channhlg Chic -interment: Assignment «f this ,lgreement We may change the terms of or add new terms to (his Agreement at any time, in accordance with applicable law. We may apply any changed or new terms to any then existing balances on your Account as well as to future balances. This written Agrern}ent 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, transferor 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 your obligations under this Agreement. Assignment of Claims In the event you dispute a Charge and we credit your Account for all or part o(such disputed Charge, we automatically succeed 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 equal 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 for the amount credited. ;4pplieable Law Phis Agreement and your Account, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Utah (without regard to infernal 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 Express Cardmembers In The United States and Its Territories four Billing Rights -Keep This Notice for I uture Use This notice contains important information about your rights and our responsibilities under the "Fair Credit Billing Act" Notify Us in Case of Errors or Questions About Your Account Statement If you think your statement is wrong or if you need more information about a transaction on your statement, write us on a separate sheet of paper at the address for billing inquiries listed on 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. ]n your letter, give us the following information: • Your name and Account number. • "I'he dollar amount otthe suspected error. • Describe the error and explain, if you can, why you believe there is an error. ]fyou need more information, describe the item you are not sure about. ]f you have authorized us to pay your Account statement automatically from your savings, checking or other account, you can stop the payment on any amount you think is wrong. To stop the payTnent, 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 question, or report you as delinquent. We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake nn your statement, you will not have to pay any Finance Charges related to any questioned amount. if we did not make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amounts. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement, and we must tell you the name of anyone we reported you tn. We must [ell anyone wr report you to that [he mailer has been settled between us when it lmally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even ifyour statement was correct. Special Rule for Credit Card Purchases If you have a problem with the yualily of property or services that you purchased with the Cazd, and you have tried in good faith to correct the problem with the menhanb you may have the right not to pay the remaining amount due on the property or services. 'there are two limitations to this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b)'fhe purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Note for Ohio Residents: The Ohio taws against discrimination require that al! creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this luw. You will receive one Delta SkyMile ("mile') for each L'.S. dollar of Eligible Spending (as defined below) on your Delta Air Lines SkyMiles° Credit Card from American Express (the "Card Account"), subject to the terms set forth below. Miles will be credited to your SkyMiles Account after the billing period in which the l;ligihle Spending occurs. ]f you have a Classic Delta SkyMiles Credit Card, you will receive one additional mile for each U.S. dollar of Eligible Spending for Delta Purchases (as defined below) subject to the terms set forth below. Miles will not be awarded for Eligible Spending in excess of $6(1,000 for each year of Delta SkyMiles Cardmembership (measured from your Card anniversary date), not including bonuses; however, one "bonus" mile for each U.S. dollar of }iligible Spending for Delta Purchases will continue to be awarded above this limit. if in any calendar year your Eligible Spending on your Classic Delta SkyMiles Credit Card is $10,000 or more, you will be awarded 2,500 bonus miles. If you have a Gold Uelta SkyMiles Credit Card, you will receive one additional mile for each U.S. dollar of F,ligihle Spending for Delta Purchases, subject to the terms set forth below. Miles will not be awarded for Eligible Spending in excess of $100,000 for each year of Delta SkyMiles Cardmembership (measured from your Card anniversary date), not including bonuses; however, one "bonus" mile (or each U.S. dollar of I?ligible Spending for Della Purchases will continue to be awarded above this limit. If in any calendar year your Eligible Spending on your Gold Delta SkyMiles s Credit Card is $15,000 or more, you will be awarded 5,000 bonus miles, and if in that same calendar year your Eligible Spending on your Gold Delta SkyMiles Credit Card is $25,000 or more, you will be awarded an additiona15,000bcnus miles. If you have a Platinum Delta SkyMiles Credit Card, you will receive one additional mile for each U.S. dollar of Eligible Spending for Uelta Purchases, subject to the terms set forth below. If in any calendar year your Eligible Spending nn your Platinum Delta SkyMiles Credit Card is $25,0011 or more, you will be awarded 10,0(1(1 Medallion Qualifying Miles ("MQMs") (as defined in the llelta SkyMiles Membership Guide and Program Rules), and if in that same calendar year your Eligible Spending on your Platinum Delta SkyMiles Credit Card is $50,000 or more, you will he awarded an additional 10,000 MQMs ('Additional MQM"). The Basic Cardmember is eligible to receive only one 10,000 MQM award and only one Additional MQM award tier one Delta SkyMiles Frequent Flyer Account each calendar year. Fur any Classic, Gold, or Platinum Delta SkyMiles Credit Card from American Express account that is opened in a calendar year, (or purposes ofcalculating your annual Eligible Spending during that calendar year, the close of the calendar year is December 31, without regard to the time of the year that FDR 974883 the account is opened. This means that the first }'ear may be Irsts than twelve months. You may he permitted to have more than one Classic, Gold, or Platinum Delta SkyMiles Credit Card from American Express account; however, you are eligible to receive annual Eligible Spending bonus(es) for only one of each type (i.e., Classic, Gold, or Platinum) of Delta SkyMiles Credit Gard from American Express aaount, and if you received Welcome bonus miles for any such account, you are eligible to receive only the incremental difference between the amoum of those Welcome bonus miles and the amount of Wrkome bonus miles you may be offered for any other such account. Miles are subject to the Della SkyMiles Membership Guide and Program Rules, and you should refer to that document for details on redemption of miles, Delta right to change program terms, and other conditions which may apply. We assume no responsibility for and we have no liahility for miles credited to your SkyMiles Account or for the actions of Delta in connection with your SkyMiles Account or otherwise. Your 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; it does NOT include fires, Finance Charges, Cash Advances (including the use of checks, Tine activators, automated teller machines, or other means of accessing your Account), Balance Transfers, or adjustments to your Account or the purchase of American Express Travelers Cheques and American Express Gift Cheques or other cash equivalents.lh'e reserve [he right not to award any miles for transactions we determine are not Charges made with the good faith intention of consuming [he item charged. For the purpose of this Agreement, "Delta Purchases" means purchases charged on your Card Account for Delta', Delta Connection carrier, Delta Shuttle, Delta 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 airlsea tour package. We reserve the right to change these terms and conditions at any tune, subject to applicable law. Terms used have the meanings assigned to them in the Agreement Between Delta Skymiles Credit Cardmember and American Express Bank, FSB. Once you enroll in Pay By Computer, Pay By Phone or any other American Express Electronic Punds Transfer service (hereafter the "Program"), you will be subject to this Electronic Funds Transfer Agreement (the "F.F't Agreement"). ",rape of Agreement This EFT Agreement covers your participation in the Program. In this EFT Agreement, the words "you" and "your" refer to the Basic Cardmember and also include all Additional Cardmembers who have enrolled in the Program. The words "we;' "our" and "us" refer to American Express "travel Related Services Company, loc. The words "your American Express .Accounts" refer to your card account governed by your Cardmember Agreement (°Card Account") or any other American Express Accounts that we permit you to enroll in the Program. The words "your Bank Account° refer to [he account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words "your hank" mean the bank, securities firm or other financial institution that holds your Bank Account. 'the words "other options" refer to electronic payment transfer options and/or other cash access that American Express may make available from time to time, including the option to pay }'our Account bill electronically using a computer, phone or other device. Your Account is governed by the (:ardmember Agreement that is attached to this EF'I Agreement. That agreement and the capitalized terms in it also apply here. Pavmrnt for Cash Transactront Each lime you initiate a transaction under ll,e 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.'the amount of the transaction is the amount of the.4ccount hill }'ou paid or other funds transfer you authorized, plus any appficahle fees or charges. Wr may charge a fee of 538 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. Dishonored Requests for Pa}'ruents if any check or ACH debit drawn by us or our agent in connection with the Program is not honored by your bank, wr 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 be accessed in the event that your Bank Account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating to that line of credit for the terms and conditions that govern its use. Liabilitg for Unauthcn ized Transactions and Advisability of Prompt Reporting You must tell us AT ONCIi if you believe a transaction under the Yrogram has been made without your authorization. Telephoning is the best way of minimizing possible losses.]( 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 }'nu fail to notify us, your liability for any unauthorized transaction or series of related unauthorized transactions shall not exceed 550. [f you believe that someone has transferred or may transfer money from your Bank Account without permission, calla -800-528-4800 (within U.S.) or 1-336-393-] 111 (outside U.SJ anytime, or write: American Express Credit Department, I?O. Box 53830, Phoenix, Arizona 85072-3830. Our Liabil=tv fir Improper Transactions or Payments If a transaction is not completed as you have directed or if we do not complete a Transfer to or from your Bank Aaount on time 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 be liable to you in the following instances: • if, through no fault of ours, your Bank Account does not or did not contain enough money to complete the transaction or the transfer would exceed an established credit limit; • if the funds in your Bank Account are or were at the lime 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 stated in this EFT Agreement. Business Day For purposes of this EPT Agreement, our business days are Monday through Friday. Holidays are not included. _lrbitration The Card Account is governed by the Cardmember Agreement contained herein. The Arbitration provision contained within that agreement applies to this F.FT Agreement. Please refer to [hat provision as you read this EF'f Agreement. Privacy Electronic funds transfers you initiate pursuant to this F.FT Agreement are covered by the American Express Privacy Policy, a copy of which was given to you together with your American Express Card. To view our Privacy Policy online, please visit americanexpress.com. Ilow to Contact 9J« ]f for any reason }'ou wish to contact us about the Program, about your participation in the Program, or about transactions relating to the Program, write or call us as follows: Address: American Express Travel Kelated Services Company, Inc., I:1eRronic Funds Services, P.O. Box 297815, Pt. Lauderdale, FI.33329-7815 or e-mail us by clicking on the (;ustomer Service link online at www.americanexpress.com. Telephone: 1-8110-CASH-NOW, 24 hours a day, seven days a week. fn f.;ase of Errors or Question> About Your T~ransaetiems Write or call us at the number or address given above as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent you the FTRST statement on which the problem or error appeared. If you are delayed in contacting us due to extenuating circumstances (such as a hospital stay), wr may extend This 60 days for a reasonable time. I. Tell us your name and Account number. 2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days' from the date you notified us. We will tell you the results of our investigation within ] 0 business days" after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days [o investigate your complaint or yues[ion. if we decide [o do this we will assure that your bank recredits your Bank Account within 10 business days' for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Tf we ask you to put your complaint or question in writing and we do not receive it within 10 business days' following your oral notification, we may not recredit your Bank Account. If notification of an error is received within 30 calendar days after your Bank Account is opened, we will have 20 business days to provide you with the results of our investigation and correct any error, and 90 days [o complete the investigation. Tf we determine shat there was no error, we will send you a written explanation within three business days alter we finish our investigation. Upon your request we will provide you with copies olthe documents that we used in our investigation. If we have provisionally recredited your Bank Account during the investigation and determine that [here was no error, we will notify you of the date on which we will redebit your Bank Account, and the amount to be debited. You authorize us or an agent to debit your Bank Account for this amount. You should make certain that your Bank Account contains sufficient funds to cover this debit. If it does not, we have the right ut charge such amount to the Account or to collect the amount from you. if this happens, we may cancel your right to participate in the Program. "Permutation We, or any bank or financial institution pazticipating in the Program, may add to or remove from [he Program any or all ATMs or extend or limit the services provided al any location without notifying you beforehand. In addition, we may discontinue the Program at any time. Your right to participate in the Program will be terminated or suspended if the Card Account is cancelled or suspended, if you cancel the authorization you have given your bank to directly charge checks to your Bank Account, if the Bank Account from which payment will be made when you make transactions under the Program is closed to withdrawal transactions by us or our agents, if your participation in [he Yrogram is inactive for 18 consecutive months or more, or if the Card Account is no longer in good standing. ]n addition to the foregoing, we may revoke your right to participate in the Program, at any time, at our sole discretion, with or without cause, subject to applicable law. if we do so, we will send you written notice, but we may not send you the notice until after the revocation. We also have the right to deny authorization for any reyuested transaction, at any time, al our sole discretion, with or without cause, and without giving you notice, subject to applicable law. You may terminate your participation in the Program but you must do so by writing to FDR 974883 us at the address disclosed in the Seriion of this EF'C Agreement entitled How )o Contact lJs. i'rior.~;reernertisand ~th~innn~rtntn 'this F.FT Agreement supersedes all prior agreements you may have with us relating to the Program. We have the right to zasign this 1:P'f Agreement to a subsidiary or affiliate company at any time. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. `J ate far 1lassachusrtts Residents General Disclosure Statement: Any documentation provided to you which indicates that an electronic funds transfer was made shall br admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made. The initiation by }'ou of certain electronic funds transfers from your Bank Account will, except as otherwise provided in this EP1' Agreement, rlfectively eliminate your ability to stop payment of the lrans(er. UNLI?SS OTHERWISE PROVIDED IN THIS EFT AGREEMENT, YOU MAY NO'C S"COP PAYMENT OF ELF.C'fRON1C FUNDS "CRANSPERS; THEREFORE, YOU SHOULD N(:)T EMPLOY ELECTRONIC ACCESS FOR F'UKCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL. NOT NERD TO STOP PAYMENT. Disclosure of Account Information to 7lrird 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 45 days after we receive it. Optional Limit on Obtaining Cash: You have the option to reyue;t 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 lake all reasonable steps to comply with your request. *For Massachusetts residents: 10 calendar days instead of business days. The information below summarizes the terms and conditions of the Extended Warranty plan (formerly the F'oyer's Assurance Plan). [:xtended Warranty is underwritten by AMEX Assurance Company, Administrative Office, Green Bay, 11'1. Coverage is determined by the terms, conditions, and exclusions of policy AX11953 and is subject to change with notice. This document does not supplement or replace the Policy. Please call us at the number on back of your American Express Cazd for a complete copy of your terms and conditions. lxtended Warranty will extend the terms of the original manufacturer's warranty fur a period o(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) on warranties of five (5) years or less that are eligible in the United States of America. Description of Benctits Where a loss has occurred during this plan's extended warranty time period of up to one (1) additional year (f.:enlurion Cardmembers up to three (3) additional years), we will provide a benefit equal to the coverage of the original manufacturer's warrant}' on warranties of up to five (5) years. We will pay up to the actual amount charged to your account far the product for which a loss is claimed, but not to exceed $10,(100. 1(the product also is covered by a purchased service contract, this plans extended wazranty time period begins at the end of the service contract and extends the original manufacturer's warranty for a period of time equal to that warranty, up to one (1) additional yeaz (Centurion Cardmembers up to three (3) additional years). if the combined coverage of the original manu(adurer's warranty and the purchased service contract exceed five (5) years, the product purchased is not eligible under this plan and no coverage applies. Extended Warranty does not reimburse for shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges. If you experience more than one loss in a calendar year, we will pay an amount not to exceed $50,000 for all losses in a calendar year. Our benefit payment will not include any product rebates, discounts or money received from the lowest price comparison programs that reduced the original cost of the property. hsclusions Benefits are not payaMr if the loss for which coverage is sough) was directly or indirectly, wholly or partially, contributed to nr caused bv: 1. am physical damage, including, but not limited to, damage as a direct result of natural disaster or a power surge, except to the extent the original manufacturer's 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. Purdrases'Sat covered The 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 mufflers); 3. motorized devices and 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. (:overage will be limited to no more than the value of any particular part or parts, unless the azticles are unusable individually and cannot be replaced individually, regardless of any special value they may have had as part of a set or collection; ] 0. items still under installment billing; 11. additional service contract or extended warranty coverage for a computer, computer componem or part that you buy which already comes with an original United States of America manufacturer s warranty, unless such coverage is provided and administered by the original manufacturer; and 12. items purchased for resale, professional, or commercial use (this does not apply to OPEN Cardmembers). General Provisions Excess Coverage Many 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 lass is in excess of [he amount otsuch other insurance which is payable or paid. Termination or Cancellation Coverage will cease on the earliest of the following: I .the date you no longer maintain a permanent residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands; 2. the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; 3. [he 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 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.l'he notice will include the reason for cancellation. Form Numbers F.W-DOC-CCSG1 02(07, F.W-DOG-CCSG2 02/07, I:W- DOC-OSBN 1 02!07, EW-DOC-OSBN2 02!07 Applicable for Residents of the State of Alaska Form Number: PP/EW-RDRI -AK 06/07 Applicable for Residents ire rhr States of Arizona and Indiana Form Numbers: EW-IND-CCSG1 07107, F.W-IND-CCSG2 07/07, EW-IND-OSBN 1 07/07, EW-IND-OSBN2 07107 lpplicahle for Residents of the State of Krntnckv Form Number: PP/EW-RDRI -KY 05/07-In the Termination or Cancellation section: "1'he 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- Applicabtefor Residents of the State of Oklahoma Form Number: PPlEW-RDRI-OK 07107-The following is added to your Description of Coverage: WARNING: Any person who knowingly, and wish intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. lppticahle far Re<~derta of the State of Oregon Form Number P:W-RDKI OR 05107-In the Exclusions section the following is removed: 3. fraud or abuse or illegal activity nl any kind by the cardmember, AI*plicable t<rr Resid~~ca. n< the titate of South :Dakota Form Number: }'P/ E1N-RDR 1-SD 05/07 Applicable for Ressctenrs otdre State of Texas Farm Number: EW-1ND-'fX 07/07 Applicable (ire Residents ofthe State of Vermont Form Number i'1'/I:W-RllRI-VT 05!07 i)escriptinn of Coverage Underwritten by AMIiX Assurance Company, Administrative Office, 48(1 Pilgrim Way, Suite 1400, Green Bay, W 154304 Purchase Protection provides coverage for Your purchases for ninety (90) days Cmm the date of purchase when You charge any portion of the price of the purchased item to Your Account. You will be reimbursed only for the amount charged to Your Account. (See Description of Benefits section.) Definitions Certain words used in this Description of Coverage are capitalized throughout and have special meanings. Wherever used herein, [he singular shall include the plural, the plural shall include the singular, as the context requires. Account means Your American Express Card Account. cardmember means a person who has been issued a United States of America based proprietary American Express Card, which is Current and in Good Standing, and who has a Permanent Residence in the 50 United States of America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Covered Incident means the [heft of, or damage, whether by accident or vandalism, to any one item of property purchased worldwide as a gift or for personal or business use and charged to Your Account. Company means AMI?X Assurance Company, and its duly authorized agents. Current and in Good Standing means a cardmember Account for which the monthly minimum requirement has been paid prior to the date in which the claim is payable. Master Policyholder means American Express Travel Related Services Company, Inc. Permanent Residence means the one primary dwelling place where the cardmember resides and to which they intend to rrlurn. Plan means the Policy and the benefits described therein. Platinum cardmember means a cardmember who has a Platinum Charge Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. Policy means the Group Insurance Master Policy (AX0951 issued to American fxpress "Gravel Related Services Company, Inc.). We, Us, Our means the Company. You, Your means the cardmember. Description of Benefits We will pay You the expense charged to Your Account up to $1,000 for any one Covered Incident and up to $50,000 for all Covered Incidents during a calendar year. Purchase Protection provides benefits, for ninety (90) days from the date of purchase, if a Covered Incident occurs with respect to property You purchased and charged to Your Account Our benefit payment will not include shipping and handling expenses or installation, assembly, professional advice, maintenance or other service charges or any product rebates, discounts or money received Irom lowest price comparison programs that reduced [he original cost of the property. Our payment o! any eligible benefit amount is further contingent upon Your Account being Current and in Good Standing. Only a cardmember has a legal and equitable right to any insurance benefit that may be available under this Plan. FDR 974883 t_sctusiun. Brnelits are not pa}'ahlr if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused h}'- I . war or any act of war, whether declared or undrdarrd; ~. any activity directly related to and occurring while in the service nl anv armed mililan• force of anv nation state recognized h}' the United Nations; ~. participation in a riot, civil disturbance, protest m insurrection; ~t. violation of a criminal law, offense or infraction; i. natural disasters, including, but not limited to, hurricanes, Bonds, tornados, earthquakes or any other event in the course ofnature, shat occurs at the same time or in separate instances; {:. fraud or abuse or illegal activity of any kind by the Cardmember; ;°. confiscation by any governmental authority, public authority, or customs official; fi. negligent failure of a duty to care by any third party in whose possession the property purchased by a Cardmember has been temporarily placed; 4. not being reasonably safeguarded by You; t 0. theft from baggage not carried by hand and under Your personal supervision or under the supervision o[a traveling companion known by 1'ou; I I . damage through alteration (including, but not limited to, cueing, sawing and shaping); € 2. normal wear and tear, inherent product defector manufacturer's defects or normal course of play; 13. damage or theft while under the care and control of a common carrier; I4. food spoilage; or E >, 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. Loss 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 Toss, regardless of the nature of any intermediate or final event in thatseyuencc. Purchases Nat Covered The following purchases are not covered: I . travelers checks, tickets of any kind, negotiable instruments (including, but not limited to, gift certificates, gift cards and gift checks), cash or its equivalent; '_. animals or living plants; .. rare stamps or coins; 1. consumable or perishable items with limited life spans (including, but not limited to, perfume, light bulbs, batteries); 5. antique or previously owned items; motorized vehicles and watercraft, aircraft, and mo[orcydes or their motors, equipment, pazts or accessories; ". stolen or damaged property consisting of articles in a pair or set Coverage will he limited to no more than the value of any particular part or parts, unless the articles are unusable individually and cannot he replaced individually, regardless of any special value they may have had as part of a set or collection; R. items purchased for resale, professional, or commercial use; 9. permanent household and/or business fixtures, including, but not limited to, carpeting, flooring and/or tile; ) 0. business fixtures, including, but not limited to, air conditioners, refrigerators, heaters; and I I . hospital, medical and dental equipment and devices. (;slims Provisions 1f You experience a loss for which You believe a benefit is payable tinder this Plan, You must provide both Notice of Claim and Proof of boss. To insure prompt processing of Your claim, report any theft oP damage immediately following the date of the Covered Incident, including for gifts purchased with the Card. Retain Your receipts and Your damaged property (if applicable) until the claim process is complete. Notice of Claim Notice of Claim should he provided to Us within thirty (30) days of the loss. You maycontact Us by calling toll-free stateside t -800-322-1277 or, if from overseas, by calling collect 1-303-273-699fl. )ou may also write to Us al Purchase Protection, PO Box 402, Golden, CO 80402-0402. Failure to provide Notice of Claim within thirty (30) days will not invalidate a claim or reduce any benefit payment that may he found to be eligible, if it can he shown that it was provided as soon as reasonably possible. At the time Ynu provide lls with Notice of Claim, We will assist You with Your Proof n! 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 reyuested by Us which is required and necessary to process Your claim and determine if benefits are payable. Poe residents of Missouri, no claim will he denied based upon Your failure to provide notice within such specified time, unless this failure operates to prejudice the right olUs. Proof of Loss Proof of Loss 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 Proof of Loss within thirty (30) days (for residents o[ North Dakota sixty (60) days) after We have provided You with instructions andlor a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of loss documentation may be 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 [he information We have requested is received. Proof of Loss may require documentation consisting of, but not necessarily limited to, the Following: 1. a Purchase Protection Claim Porm; ?. the original itemized store receipt; 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 far the damaged property; and ~, for then 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 all required documentation is not received within thirty (30) days (for residents of North Dakota sixty (60) days) of the date of the Covered Incident (except (or documentation which has not been furnished for reasons beyond Your control), coverage may be denied. [t is Your responsibility [o provide all required documentation We request. You may be required to send in the damaged property at Your expense for further evaluation of Your claim. IC reyuested, You must send in the damaged property within thirty (30) days (for residents of North Dakota sixty (60) days) from the date of Our reyuest to remain eligible for coverage. Payment of Claim A claim for benefits provided by this Plan will be paid upon Our receipt and review of Your complete Proof of Loss documentation and Our determination that a claim is payable according to the terms of the Plan. Any payment made by Us in good faith pursuant to this or any other provision of this Plan will fully discharge Us to the extent of such payment. 1(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 Incident benefit which is not reimbursed by other insurance up to Our limits, as provided under the Description of Benefits section. f;enerul Proaisions 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 Ernor A clerictd error made by the Company will not invalidate insurance otherwise validly in Corte nor continue insurance not validly in force. Conformity with State and Federal Law 1f a Plan provision does not conform to app(jcable provisions o(State or Frdrral law, the Plan is hereby amended to comply with such law. Entire Contract; Representation; Change 'Phis Description of Coverage, the Policy and any applications, endorsements or riders makeup the entire contract Any statrmrnt You make is a representation and not a warranty. "Phis Description oC(:overage may be changed at any time by written agreement between the Master Policyholder and the Company Only the President, Vice- Presidrnt or Secretary o(AMIiX Assurance Company may change or waive the provisions of the Description of Coverage. No agent or other person may change the Description of Coverage or waive any of its terms. 'Phis Description of Coverage maybe changed at any time by providing notice to You. A copy of the Policy will he maintained and kept by the Master Policyholder and maybe examined at any time. 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. Fraud 1f any request for benefits made under the Ylan is determined to be fraudulent, or if any fraudulent means or devices are used by You or by anyone acting on Your behalf to obtain benefits, all benefits will be forfeited. We do not provide coverage to a Cardmember who, whether before or after a loss, has: 1. concealed or misrepresented any fact upon which we rely, if the concealment or misrepresentation is material and is made with the intent to deceive; or 2 concealed or misrepresented any fact if the fact misrepresented contributes to the toss. Legal Actions No legal action may be brought [o recover against [his Plan until sixty (60) days after Proof of Loss has been received by Us. No such action maybe brought after three (3) years (for residents of Arkansas five (5) }'ears and residents of Missouri ten (10) years) from the time written Proof of Loss is required to be given. if a time limit of this Plan is Tess than allowed by the laws of the state where You live, the limit is extended to meet the minimum time allowed by such law. Right of Recovery If We make a payment to You under this Plan and You recover an amount from another, equal to or less than Our payment, You shall hold in trust (or Us the proceeds of the recovery and reimburse Us to the extent of Our payment. 1f Our payments exceed the maximum amount payable under the benefits of this }'Ian, Wr have the right to recover from You any amount exceeding the maximum amount payable. Subrogation In the evens of any payment under this Policy, We shall he subrogated to the extent of such payment [o all Your rights of recovery. You shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessazy to enable Us to effectively bring suit or otherwise pursue subrogation rights in Your name. You shall do nothing to prejudice such subrogation rights. We shall he entitled to a recovery as stated in these provisions only after You have been fully compensated for damages by another party. Far residents of Louisiana, the Right of Recovery, Subrogation and Excess Cmerage sections are revised to rellen: If [hr Company makes any payment under [his Policy and the Cardmember has the right to recover damages from another, the Company shall he subrogated to that right. However, the Company's right to recover is subordinate to the Cardmember's right to he f idly compensated. Termination or Cancellation Coverage will cease on the earliest of [he following: 1. the date You no longer maintain a Permanent Residence in the 50 United States of America, the District oCColumbia, Puerto Kico or the U.S. Vrgin Islands; 2. the date We determine that You or someone nn Your behalf intentionally misrepresented or fraud occurred; 3. the date flit Policy is cancelled; 4. the date You FDR 971883 are no longer a Cardmemher; 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. Termination or Cancellation of coverage will not prejudice an}' claim originating prior to termination or cancellation subject to all other terms of the Policy. The Company has the right to cancel the Pohcy at any time by sending a written notice at least Iixty live (95) days in advance to You at Your last known address. The notice will include the reason for cancellation. Important ;additional In€ormation for You Poe those eligible and enrolled in the Membership Rewards` program, benefits are also paid when the purchased property is received through the redemption of a Membership Rewards redemption certificate. Payment or credit will not exceed the original assigned value of the property received through redemption of a Membership Rewards redemption certificate up [o the stated limits, excluding shipping and handling expenses. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to anon-eligible Cardmemher or non- Cazdmembers. This Description of Coverage replaces any other Description of Coverage that You may have previously received for Purchase Protection. This Description of Coverage is an important document. Please read it and keep it in a safe place. IN WITNESS WHEREOF We have caused this Description of Coverage to be signed by Our officers: ~~S~J i ~_~ Jay A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMl?X Assurance Company PP-DOGCCSGI 02107 Appticahle for Residents of the State of Kentue:kv In the Termination or Cancellation section the following is removed: The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The 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. Thr notice will include the reason for cancellation. YP/EW-RDRI-KY 05!07 Appliutble for Residents of the State of Oregon ]n the Exclusions section the following are removed: 4. violation of a criminal law, offense or infraction; 6. fraud or abuse or illegal activity of any kind by the Cardmemher; The Proof of Loss section is hereby removed in its entirety and replaced with [he following: Proof of Loss Proof of Loss requires You to send Us all the information We reyuest, at Your expense, in order that Your claim maybe evaluated and [hat We may make a determination as to whether the claim may be paid. You must provide Us with satisfactory Proof of Loss within ninety (90) days after We have provided Yuu with instructions andlor a claim form in response to Your Notice of Claim or Your claim may be denied. Your Proof of Loss documentation ma}' be mailed to Us a[ the same address provided above for mailing Your Notice of Claim. We reserve the right [o 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 requested is received. Prool of loss may require documentation consisting of, but not necessarily limited to, the following: 1. Purchase Protection Claim Porm; 2. the original itemized store receipt; 3. the insurance dedaraGon forms for four 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. No payment will he made on claims not substantiated in the manner reyuired by Us If all required documentation is not received within Winch' (90) days of the date of tl~e Covered Incident (except for documentation which has not been furnished for reasons beyond Your control), coverage may hr denied. It is Your responsibility to provide all reyuired documentation We reyuest. You may he required to send in the damaged property at Your expense for further evaluation of Your claim. ]f rryuested, You must send in the damaged property within ninety (90) days from the date of Our request to remain eligible for coverage. PP-KllR 1-OR 05/07 lpplicabte for Residents of the SYatc: of South Dakota 'Che Legal Actions section is herehy 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 after Proo[of Loss has been received by Us. No such action may be brought after six (6) years from the lime Proof of Loss is reyuired to be given. PPlIiW-RDR 1-SD 05/07 Appticahle for Residents of the State of Vermont In the Termination or Cancellation section the following is removed: Thr Company has the right to cancel the Policy at any time by sending a written notice a[ least forty five (95) days in advance to You at Your last known address. The notice will include the reason for cancellation. And replaced with the following: The Company has the right to cancel the Policy by sending a written notice at least forty Crve (45) days in advance to You at Your last known address. The notice will include the reason for cancellation. PP/IiW-RDRI-VT 05/07 Applicable for Residet:ts of the State of Alaska The opening paragraph in the Exclusion section is removed in its entirely 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: Thr 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 br brought to recover against this Plan until sixty (60) days after Proof o(Loss has been received by Us. No such action may be brought after three (3) years from the time Proof of loss is reyuired to be given. if there are any claims the three year timeframe does not begin to run until after the claim has been denied. PP/EW-RDR I -AK 06/07 Applicable flee Residents of the Stair of Oklahoma The following is added to your Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. PP1EW-RDRI-OK 07/07 `Che following form numbers are applicable to residents in fhe following ;tales: Arizona and Indiana, Porm Numbers: PP-IND-C(:SGI 07/07, PP-IND-CCSG2 07!07, PP-IND-OSBN1 07/07, YP-IND- OSBN2 07/U7 Texas, Form Number: PP-[ND-TX 07107 Travel Accident Insurance is underwritten by AMEX Assurance (;ompany, Administrative Office, Green Bay, WI. (:overage is determined by the terms, conditions, and exclusions of policy AX0948 and is subject to change with notice to you. This document does not supplement or replace the Policy. Please call us at the number at 1-500-437-9209 for a complete copy of your terms and conditions or if you need to file a claim. Travel Accident Insurance provides accidental death and dismemberment insurance while traveling on a Common Carrier Conveyance (plane, train, helicopter, ship, or bus) when the entire fare has been charged to the Card. As a benefit of Cardmembership, the Covered Person will receive a benefit level of coverage depending nn the type of American lixpress Card account to which the entire fare for the Common Carrier Conveyance was charged for the covered trip. Covered Persons include the basic Cardmemher, each additional Cardmemher, and each of these Cardmemher's spouses or domestic partners and dependent children under 23 years of age. All Covered Persons must have a permanent residence within the SO United States of American or the District of Columbia- All other persons are not Covered Persons under the Policy. The capitalized terms used herein shall have the meaning assigned to such terms in the Policy. Please note that certain terms contained in this summary are defined within the full policy document. Descriptian of Benefits Accidental Death and Accidental Dismemberment. 'fhe Plan provides coverage for accidental death and dismemberment due to a loss from an injury while coverage is in force under the Policy, but only if such loss occurs within 100 days after the date of the accident which caused the injury. 1f more than one loss is sustained, benefits will be paid for the greatest loss. Benefits are paid according to the following schedule: • Loss of Life 100% • loss of both hands or both feet - I00% • Loss o(one hand and one foot 100% • Loss of entire sight of both eyes - 100'Yo • Loss of entire sight of one eye and one hand or one foot - ] 00% • Loss of one hand or one fool 503'0 • Loss of [he entire sight of one eye - 503'0. Common Carrier Benefit. This benefit is payable if the Covered Person sustains accidental death or dismembermen( as a result of an accident which occurs while riding solely as a passenger in, or boarding, or alighting from, or being struck by a Common Carrier Conveyance nn a covered trip. Exposure and Disappearance. If the Covered Person is unavoidably exposed to the elements because of an accident nn a covered trip which results in the disappearance, sinking or wrecking of the common carrier conveyance, and iCas a result of such exposure, the Covered Verson suffers a loss for which benefits are otherwise payable under the Policy, such loss will be covered under the Policy; if the Covered Person's body has not been found within 52 weeks after the date of such accident, it will be presumed, subject to there being no evidence to the contrary, that the Covered Person suffered loss of Life as a result of injury covered by the Policy Beueficiary The Basic Cardmemher may designate a beneficiary or change a previously designated beneficiary for himself or herself and his or her spouse or domestic partner and dependent children who are not Additional Cardmembers. An Additional Cazdmember may designate a beneficiary or change a previously designated beneficiary for himself or herself and his or her spouse or domestic partner and dependent children who are not also the Basic Cardmemher, the Basic Cardmemher's spouse or domestic partner or children, or Additional Cardmembers. if no beneficiazy is designated benefits will be paid to the surviving person or equally to the surviving persons in the first of the following classes: spouse or domestic partner; children, equally per stirpes; and the estate. Exchtsions The Policy contains the following exclusions: • suicide or self-destruction or any attempt thereat, while sane or insane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane • war or any act of war whether declared or undeclared; however, any act committed by an agent of any government, party, or faction engaged in war, hostilities, or other warlike operations provided such agent is acting secretly and not in connection with any operation of armed forces (whether military, naval or air Forces) in the country where the injury occurs shall not be deemed an act of war • injury to which a contributory cause was the commission o[or attempt to commit an illegal act by or on behalf of the Covered Yerson or his/her beneficiaries • injury received while serving as an operator or crew member of any conveyance FDR 974883 • injury received while driving, riding as a passenger in, bearding or alighting Irom 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. 'Iermin.itir~n ar Cancellation Coverage under the Policy will cease nn the earliest of the Iollowing: • the dale the (;Ducted Verson no longer maintains a permanent residence in the 50 United States of America or the District of Columbia • the date we determine that the t;overed Person or someone on the Covered Persons' behalf intentionally misrepresented or fraud occurred • the date [he policy is cancelled • the date the basic Cardmemher's account ceases to remain current and in good standing • the date the Plan is not availahle in the location where the (;overed Person maintains a permanent residence. The Company has the right to cancel the Policy at any time by sending a written notice at least forty five (45) days in advance to you at your last known address. The notice will include the reason for cancellation. Form Numbers:'1'AI-DOC 03/07 Forms in addition to those listed above aze also applicable to residents in the following states: Connecticut, Form Number: TAI-RDRI-CT 03107 Illinois, Porm Number: TAI-RDRI-11.03/07 Kansas, Form Number: TAI-RDRI-KS 03/07 Maine, Form Number: TAI-RDRI-MF, 03!07 Minnesota, Porm Number: TAf-RDRI-MN 03/07. In the Exclusions section the following replaces the exclusion regarding illegal acts: injury in which a contributory cause was fhe commission of or attempt to commit a felony by or nn behalf of the Covered Person or his beneficiaries. Nevada, Form Number: TAI-RDRI -NV 03/07. ]n the Termination and Cancellation section the forty five (45) day advance written notice is replaced by a sixty (60) day advance written notice. New York, Form Number'1'A]-RDRI-NY 03/07. Covered Persons does not include language requiring a permanent residence within [he 50 United Slates of American or the District of Columbia. The lirllowing replaces the exclusions found in the Exclusion section: • suicide, attempted suicide or intentionally self-indicted 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 the (;overed Persons 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 • pregnancy, 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 the Covered Person's being intoxicated or under the influence of any narcotic unless administered nn the advice of a physician. In the Termination and Cancellation section the following is removed in its entirety: the date the Covered Person no longer maintains a permanent residence in the 50 United States of America or the District of Columbia. In the Termination and Cancellation section the following replaces the language regarding misrepresentation or Craud: the date we determine that the Covered Person or someone on the Covered Persons' behalf intentionally misrepresented or fraud occurred in a written instrument signed by the Covered Person. North Carolina, Form Number: TAI-RDRI-NC 03!07 Oklahoma, Form Number: TAI-RDRI-OK 03/07. In the B:alusions section the following replaces the exclusion regarding war: war or act of war, declared or undeclared, while serving in the military service or any auxiliary unit attached lhcreur. Texas, Form Numher. TAI-RDR] -TX 03107. Covered Persons include dependent children under 25 years of age who are stepchildren; adopted or a party to a suit to be adopted children; grandchildren who are unmarried and dependent on the Cardmember for lax purposes at the lime the application for coverage is made; and physically or mentally handicapped children who are unmarried, cannot self-support themselves, and are beyond the termination age. Vermont, Form Number "CAI-RDRI-V"C 03107. In the Exclusions sec lion the I-ollowing replaces the exclusion regarding suicide: suicide or self-destruction or any attempt lhrrea4 while sane; intentionally self-inflicted injury, suicide or any attempt thereat, while sane. In the Exclusions section the following replaces the exclusion regarding specific conditions. sickness, physical infirmity, pregnancy, or any medical or surgical treatment for such conditions, unless treatment o(the condition is required as the direct result otan injury. Description of CDVCrage Car Rental Loss and Damage Insurance provides the Cardmember, 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 pay for an auto rental from any Commercial Car Kental Company ("Rental Company") other than those located in Australia, Ireland, Israel, Italy, Jamaica, and New 7.ealand.' 'Chic coverage is always excess insurance. Rental Auto means afoot-wheeled, two-axle passenger- typemotor vehicle, designed for and sold to accommodate private passenger transport nn public roads. 4i'hO is Eligible far Cm•erage You are eligible for coverage if: 1. You are a Basic or Additional Cardmember and an American i;xpress• Gard or Optima' Card in association with that Card (the "Card")has been issued to you in your name; 2. You are of an account status and class that is provided Car Rental Loss and Damage Insurance as a benefit of Cardmembership ("Cardmember"); 3. Your Card account is billed Irom a U.S. operating center in U.S. dollars; and 4. You maintain your Permanent Residence within the 50 United States o[America, the District of Columbia, Puerto Rico or the U.S. Virgin Islands. Permanent Residence means the Covered Person's one primary dwelling place where the Covered Person permanently resides and intends to return. A Personal, Gold, or Rewards Ylus 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" liorv to Activate Coverage Coverage for theft of or damage to a Rental Auto is activated when the Cardmember:' 1. presents his or her eligible Card to the Rental Company Io reserve the Rental Auto by making a reservation; or by placing a hold or deposit at the time the Rental Auto is checked out; 2. declines the full Collision Damage Waiver or similar option (COW), or pays for a partial collision damage waiver, offered by the Rental Company; 3. is the primary renter, which is defined as the Cardmember, who is named nn 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 (bmpany at the time of vehicle return. Coverage continues in effect while the Cardmember remains in control and possession of the Rental Auto. A Cardmember, who is physical!}' challenged and unable to operate the Kental Auto, may be the Primary Renter if he/she is the Cardmember entering into the rental transaction. 1ti h en C average Term i n.at es Coverage for then of or damage to the RentaY Aulo terminates when: 1. the Kemal Company resumes control o(the Rental Auto, or 30 consecutive days after the Rental Auto was checked out, whichever is earlier, or '_. the 1'olicv is cancelled. I en};th of ('os erage Car Rental Loss and Damage Insurance covers eligible Rental Autos when rented under a written rental agreement from a Kental Company for no more than 30 consecutive days. Note: /n no event shall coverage be provided when the Cardmember rents a Rental Auto beyond 30 consecutive days from [he same Rental Company, regardless of whether the original agreement is extended, or a new written agreement is entered into, or a new vehicle is rented. Additionally, no coverage will be provided when the Primary Renter rents a Rental Auto for more than 30 consecutive days out of a 45-day period within the same geographic market/location (75 mile radius). ~t'hat is Covered Car Rental Loss and Damage Insurance reimburses a Cardmember for payments for damage to or theft of a Rental Auto that the Cardmember is required to make, up to the lesser oL 1) the actual cost to repair the Rental Auto, 2) the wholesale Book value minus salvage and depreciation costs, or 3) the purchase invoice price of the Rental Auto minus salvage and depreciation costs. The coverage also reimburses the Cardmember for reasonable charges (those charges incurred at the closest facility that are usual and customary in the vicinity in which the loss or disablement took place) imposed by the Rental Company, such as towing or storage and Loss of Use. Loss of Use means the unavailability of a Rental Au[o and consequent loss of revenue by the Rental Company due to damage or theft. Unless Otherwise required by law, the Kental Company must submit a Meet utilization log indicating that during such time: no other Rental Auto was available; and there was a demand for a Rental Auto. Car Rental loss and Damage Insurance covers no other type of loss. For example, in the even[ of a collision involving the (;ardmember's Rental Auto, damage to any other driver's car or the injury of anyone or anything is not covered. Note: This policy does not provide [lability or any other coverage such as Uninsured Motorists, benefits under any Worker's Compensation law, Disability benefits law or other mandated Government Plans. 11`hat Excel Coverage Means Car Rental Loss and Damage Insurance is an excess insurance plan. This means that this excess coverage will reimburse the Cardmember only for losses/expenses not covered by plans, such as a partial collision damage waiver, any personal auto insurance, employer's auto insurance or reimbursement plan or other sources of insurance. When these other plans apply, a Cardmember must first seek payment or reimbursement and receive a determination based nn the stated terms of such other Plans, that any such Plans do not provide coverage before this excess coverage will reimburse the Cardmember. Vehicles Not Covered Car Rental Loss and Damage Insurance does not cover rentals Of: 1. expensive cars, which means cars with an original manufacturer's suggested retail price of $50,000 or more when new; _. exotic cars regardless of year or value, including but not limited to Chevrolet Corvette, Toyota Supra, Mazda KX-7, Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000 GT, Nissan 300 7.X, Jaguar X)S, Acura NSX, Mercedes SL, SLK, S Coupe and E320 Coupe and Convertible, BMW M3, 7.3 and 8 Series, Cadillac Allante and all Porsche, Ferrari, Lamborghini, Maserati, Aston Martin, Lotus, Bugatli, Vector, Shelby Cobra, Bentley, Rolls Royce; 3. trucks, pick-ups, cargo vans, custom vans; 4. full-sized vans, including but not limited to, Ford Econoline or Club Wagon, Chevy Van or Sporlvan, GMC Vandura and Kally, Dodge Ram Vans and Kam Wagon; `,. vehicles which have been customized or modified from the manufacturer's lactory specifications except for driver's assistance eyuipmenl for the physically challenged; ti. vehicles used for hire or commercial purposes; FDR 974883 mini-cans used for commercial hire; jVote: Passetrger Mini-Nuns (noj Carlo Mini- Vmrs) with fartoryspeciJiedleating rapacity of H passengers or less, indudin<< but Trot limited to. Dodge Caravan, Plymouth Voyager, Ford Windstur and Nissan Quest, arc covered when rented for personul or husiness use only. k. antique cars, which means cars shat are 20 years old or have not been manufactured Cor 1O or more years; 4_ limousines; i ti. Piill-sized sport utility vehicles, including but not hmitrd to, ChevroletK;MC Suburban,'1'ahoe and Yukon, Ford Expedition, f.incoln Navigalor,'foyola Land Cruiser, Lexus 1X4511, Range Rover or full-sized Ford Bronco; t i. sport/utility vehicles when driven "off-road"; and Note: Compact sport/utility vehicle>, including bui not limited to Ford Explorer, Jeep Grand Cherokee, Nissan Pathfinder, 7byota Four Runner, Chevrolet Blazer and Isuzu 1 rooper and Rodeo are covered when driven on paved roads. 12. off-road vehicles, motorcydrs, mopeds, recreational vehicles, golf or motorized earls, campers, trailers and any other vehicle which is not a Rental Auto. I osses \ot (:overed Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: t. operation of the Rental Auto in violation of the terms and conditions of the Rental Company agreement (including but not limited to losses oaumng 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 vrhide outside of the authorized rental territory); :?. leased ormini-leased vehicles: 3. costs attributed to the Commercial Car Rental Company's normal course of doing husiness; 7. intentional damage; >. illegal activity, such as losses where the Rental Aulo was used tor, or involved in illegal activity or felony; 5, pre-existing conditions, damage or defect; ~. alcohol intoxication on the part of [he driver, as defined in the state where the Accident 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); 4. war or military activity; [0. radioactivity; I ; .confiscation by authority; t 2, wear and tear, including gradual deterioration; 13. 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; t 4. lailure to return keys to the Rental Company when the vehicle is stolen; 1 i. theft or damage to unsecured vehicles; € o. theft of or damage to tires (flats or blowouts), unless damaged by lire, malicious mischief, vandalism, or stolen, unless the loss is coincident with and from the same cause as other loss covered by the Policy; and I ; .off-road operation of the vehicle. Car Rental Loss and Damage Insurance does not cover, and brnelits will not be paid for. I , sales tax related to repair ofdamages, unless reimbursement of such sales tax is required by law; ?. damage to any vehicle other than the Rental Au[o; I. damage to any property other than the Rental Auto, owner's property, or items not permanently attached to the Rental Auto; t. the injury of anyone or anything; ">. expenses assumed, waived or paid for by the Rental Company or its insurer; 5. expenses covered by the Cardmembers personal auto insurer, employer or employers insurer, or authorized driver's insurer; '. value added tax or similar tax, unless reimbursement of such tax is required bylaw; 8. drminishmentofvalue; tt, any Rental Auto used for hire or commercial purposes; and I [l. depreciation, unless reimbursemem for depreciation is required by law. Flow to File a (aaim Notification of damage, including vandalism, theft, or an accident must be reported to the appropriate law enforcement agency as soon as reasonably possible. "this requirement applies regardless of whether the Rental Auto is involved with other vehicles. Failure to notify may result in denial of benefits. if a loss occurs, a Cardmember should promptly notify the Car Rental Loss and Damage Claims Unil toll free at (800) 338- t 670 in the U.S. only or fall (490) 914-295(1 from other locations worldwide. If the failurr of a Cardmember to promptly report a loss prejudices the rights of the Insurer, the claim may be denied. A representative will answer any questions a Cardmember may have and will send the Cardmember a claim form with instructions. Complete and sign the claim lorm. Written proof of loss, which includes the claim form and all other requested documentation (listed below), must br received within 60 days following the date of the damage or theft by: American Express Car Rental Loss and Damage Claims Unil, PO Box, 94729, Cleveland, Ohio 44101-4729. Il [he proof of loss and other documentation is not received within 6(1 days o(the date of loss, coverage may be denied. Required documentation may consist of, but is not limited lo: 1. our signed and completed claim form; ?. 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; 1. a police report (if applicable); }. photos olthe damaged vehicle, if available; 6. a copy of the Cardmembers, authorized driver's or employer's auto insurance coverage, or a notarized letter stating no insurance; '. a copy of all claim documents and correspondence, provided by the Car Rental Company; 8. a copy of the Rental Company's utilization log; 9. a copy of the driver's license of the Cardmember and/or authorized driver, unless the drivers license number shows on the rental agreement; I0, a copy of the written rental agreement, front and back, which documents when the Rental Auto was checked out and checked in; and 1 t. information pertaining to other available insurance coverage(s). Cardmember cooperation with issues related to their benefits is required. If all required documentation is not received within 180 days of the date of loss (except far documentation which has not been furnished for reasons beyond the Cardmember's control), coverage may he denied. Flow Benefits are Paid All Caz Rental Loss and Damage Insurance payments reimbursable under the policy are payable to the Cardmember; except that payment may be made, at the discretion o(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 (:azdmember has not validly assigned his/her payments to the Rental Company or any other party. Note: Benefits will not be paid if, on the date of loss, on the date of claim filing, or on the date of potential claim 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. 'that Cardmember must sign and deliver to the Insurer any legal papers relating to that recovery, do whatever else is necessazy [o help the ]nsurer exercise those rights and do nothing after loss to harm the Insurer's rights. When a Cardmember or Commercial Car Rental Company has been paid damages under Policy No. AX0925, and also recovers from another, the amount recovered from the other shall be held by that Cardmember or Commercial Car Rental Company in trust for the Insurer and reimbursed to the extent of the Insurer's payment. As a condition precedent to coverage, the Cardmember is required, and has a duty to fully cooperate with the Insurer in any investigations, subrogation matters or legal proceedings by providing copies of any and all legal notices and any and all statements, including sworn statements and contributing any other papers and documents to reasonably assist in the disposition of the legal matter. l~ntilicatiort of Legal Action When a Cardmrmb~r is served with suit and/or summons papers relating to a Car Kental Loss and Damage claim, [he Cardmember must notify flee address and phone number under Claims Notice section) and provide copies of the suitor summons papers to the Car Rental loss and Damage claims unit within 15 days of when the Cardmember is served. Failure to comply may result in denial of benefits. Addfticmat Information far You This coverage is underwritten by AMEX Assurance Company ("Insurer") through insurance Policy AX0925 (the "Policy") issued to American Express Travel Related Services Company, Inc. and its participating subsidiaries, affiliates and licensers. 'I'hr Policy maybe changed or terminated. This Description of Coverage is an important document. Vlease keep it in a .cafe place. Although it describes the present form of insurance as it exists al the time of printing, this document is not the Policy or contract o[insurance. The benefits described in this document are subject to all of the terms, conditions and exclusions of the Policy issued by the underwriter. This document replaces any prior Description of Coverage under the Pobcy which may have been furnished to the Cardmember. ~~'-~wa~'~---' ~'~"'~,"' ~'~U"°~, Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company AMEX Assurance Company CRLDI-D(JGCCSG 11105 1. For those eligible and enrolled in Membership Rewards, if a Membership Rewords redemption certificate is used, coverage is provided only to Rental Autos rented in the United States. 2. When used in conjunction with a Membership Rewards redemption certificate, the participating CarRentul Companies ore limited to Hertz, National and Budget. 3. If eligible and enro!!ed in Membership Rewards, coverage is also activated when the Cardmember (1) presents a Membership Rewards redemption certificate and (2) uses a Membership Rewards redemption certificate at a participating Commercial Car Rental Company Important note far those enrolled in Membership Rewards: A Membership Rewards redemption certificate can only be redeemed by eligihle Cardmembers. Benefits will not be paid when a Membership Rewards redemption certificate has been transferred to non-eligible Cardmembers and/or non-Cardmembers. 4. Does not apply to New York State residents. :tdrlition:tl Information for Residents ofLottisiana The Rights of Recovery section is replaced with the following: ]f the Company makes any payment under this Policy and the Cardmember has the right to recover damages from another, the Company shall be subrogatod to that right. However, the Company's right to recover is subordinate to the Cardmembers right ur be fully compensated. CRLDI-RDKI-1.A I l/OS Additional Arfarmation for Residents of South llakota Under Losses Not Covered, item number 5. is replaced with the following: Car Kental Loss and Damage Insurance does not cover losses caused by or contributed to by: ?. violation of criminal law, or commission of a criminal act, whether cited or charged; Under Losses Not Covered, item number 7. is replaced with the following: Car Rental Loss and Damage Insurance does not cover losses caused by or contributed to by: ". consumption of alcohol at or in excess of the legal blood alcohol level for a felony conviction in the state or locality in which the Accident oaurrrd; CRLDI-RDKI-SD 11105 Additional tnformation for Residents of Vermont Under tosses Not Covered, the following item is hereby removed: '. alcohol intoxication on the part of the driver, as defined in [he state where the Accident occurred; CRLDI-KDKI-V"f Il/OS Additional fn4ormation for Residents oft('isconsin Under Losses Not Covered, the following items are hereby removed: S. illegal activity, such as losses where the Renta] Auto was used for, or involved in illegal activity or felony; FDR 974883 1 p ". alcohol intoxication on the part of the driver, as defined in the state where the Accident occurred; S. voluntarily taking any drug or ailing under the influence or effect of that drug (unirs; taken as prescribed or administered by a Doctor); Under Losses Not Covered, the Iollowing item is added: t t(. The use of the Rental Auto for unlawful purposes, or for ;ransporiation of liquor Sn 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 ~n~hich 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. CRLll1-RDRI-Wf 11105 Additional Information for Residents of 14'rct ~`irginia Under How Benefits are Paid, the Footnote, to the note That reads: Note: Benefits will not be paid f on the date of toss, on the date of claim filing, or on the date of potential claim payment, any amount due on Your Card account is past due or Your Card is cancelled, is hereby revised to read as follows Doe:; not apply to Wesl Virginia and Ner+~ York State residents. CRLDI-RDRI-WV l1/OS Additional Information for Rrsideirts of North Car{Aura A portion of the fees associated with this Card are applied to the insurance benefit. CRLDI-RDRI-NC I1/05 lfhefollowinn firnrr nnmbers are appli~ahie to residents in flee ]irllvwisrg states: Arizona and Indiana, Form Numbers CRf.DI-1ND-CC.SG ] 1105; CRLDI-IND-OSBN 1 I/OS; CRLDI-IND-P1.A'1' 11/O5; (;KI.Dl-IND-CF.N 1 I/05;CRLDI-IND-OSBN-PLAT ll/115; CRLDI-IND-End] ]0/08 Texas, Form Numbers: CRLDI IND-C:CSG-'fX I1/OS; CRLDI-IND-OSBN-TX I1/115; CR1.D1-IND-PLAT-1'X ] I/OS; CRLDI-IND-CF.N-TX 11/(IS; CRLDI-INll-OSBN-PLAT-TX 11 /(15. The following is added to the policy: This policy only provides coverage if you decline the full Collision Damage 1Vaiver offered by the Rental Company This policy 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 for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to no renew your policy at your renewal date, but may do so only if you are at fault for the claim. A Termination and Cancellation section is added: Coverage will cease on the earliest of the following - the date you no longer maintain a permanent residence in the 50 L`nited States of America or the District of Columbia; the date we determine that you or someone on your hrhal(in[en[ionally misrepresented or fraud occurred; 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 not cancel or non-renew this Policy haled solely on the fact that you are an elected official. THE FOLLOWING INSURANCE PLAN IS AVAILABLE ONLY FOR COMMON CARRIER TICKETS CIIARGED TO A PLATINUM DELTA SKYMILES CREDIT CARD: The American Express Card Baggage Insurance Plan is mrderwritten by AMEX Assurance Company, Administrative Office, Green Bay, W 1. (;overage is determined by the terms, ccnditions, and exclusions of Policy AX0400 or Policy BIP-1ND and is subject to change with notice to you. 'T'his document does not supplement or replace [he Policy. Please call us at the number on the back of your American Express Card for y complete copy of your terms and conditions. 'fhe American Express Card Baggage Insurance Plan provides benefits fora (;overed Personi damaged, stolen or lost baggage, whether checked or carry-nn, when the entire Fare for common carrier conveyance tickets are purchased and charged to your eligible American Express Card aaount. Covered Person means: a) the basic Cardmember, each additional Cardmember, and each of these Cardmembers' spouses or domestic partners and dependent children under 23 years of age; orb) officers, 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 for a bona fide business trip. All 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 Cardmember means a Cardmember who has a Platinum Charge Card (required to be paid in full monthly), a Corporate Platinum Card, or a Fidelity American Express Platinum Card. Any other Card which may reference the Platinum name or has Platinum colored plastic will not receive higher coverage limits or benefits. "fhe 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 1-500-645- 9700 or, if from overseas, by calling collect 1-303-273-6998. You may also write to Baggage Insurance Plan, PO Box 653, Golden, C(180401. Descriptiun of Benefits We will pay a benefit to a Covered Person for a loss up to the applicable limits and under [he circumstances described below. For New York State 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 cos4 up to $1,250, for each Covered Person on a covered trip for loss of carry-on baggage. A Covered Person is eligible for this benefit if the loss occurs while the Covered Person is upon a common carrier's terminal premises designated for passenger tile, but only when the Covered Person is upon such premises immediately before boarding or immediately after alighting from a common carrier conveyance or while riding solely as a passenger in or boarding or alighting from a common 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, for each Covered Person on a covered trip for loss of high risk items. High-risk items include, but are not limited to: jewelry; sporting equipment; photographic or electronic equipment; and computers and audio/visual equipment. Common Carrier Conveyance Benefit: We will pay a benefit for the replacement cost, up to $1,250, for each Covered Person 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 carrier's terminal for [he purpose of boarding a Common carrier conveyance or when leaving from a common carrier's terminal directly after alighting from a common carrier conveyance. Platinum Cardmembers Carry-on and Checked Baggage Benefit: We will pay a benefit for the replacement cost of carry on baggage up [o a maximum of $3,(100 (or each Covered Person on a Covered'frip. We will pa}' a benefit for the replacement cost of checked Baggage up to a maximum of $2,000 for each Covered Person on a Covered "trip. 1f a Covered Persons toss on a covered trip includes the replacement cost for both carry-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 $2,000 for each Covered Person on a covered trip. The $ ] 0,000 aggregate maximum limit for all Covered Person per covered trip also applies. Platinum Cardmembers Common Cazrier Conveyance Benefit: 1Ve will pay a benefit for the replacement cost, qp to $3,000, for each Covered Person on a covered top, when a Common (:arrier Conveyance ticket is purchased in advance of a covered trip. For New York State residents:lNr will pay a benefit for the replacement cost, up to $2,00(1, for each Covered Person nn a covered trip, when a common carrier conveyance ticket is purchased in advance of a Covrrrd trip. Exclusion; Benefits are not payable if the loss for which coverage is sought was directly or indirectly, wholly or partially, contributed to or caused by the following: war or any act of war, whether declared or undeclared; any act by customs or other governmental authority whether involving your consent or by confiscation or requisition (except the Transportation Security Administration); defective workmanship, normal wear and tear and gradual deterioration, or any illegal act by or nn behalf of the (;overed Person. Items Not Covered: This plan does not insure: cash or its equivalent, notes, accounts, bills, currency, deeds, food stamps or evidences of debt or intangible property; credit cards and other travel documents (including, but no[ limited to, passports and visas); securities; tickets and documents; plants and animals; automobiles and equipment; motorcycles and motors; aircraft, boats or other conveyances; or property shipped as Ereigh[ or shipped prior to the covered trip departure date. Excess Coverage if any loss under this plan is insured under any other valid and collectible policy, then this plan 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: the date you no longer maintain a permanent residence in the SO United States of America, or the District of Columbia; the date we determine that you or someone on your behalf intentionally misrepresented or fraud occurred; the date the Policy or any benefit under the Polity is cancelled; the date you terminate your account and are no longer a Cardmember or your account is cancelled by American Express; the date your account ceases to remain current and in good standing; or the date the plan is not available in the location where you maintain a permanent residence. "fermination or Cancellation of coverage will not prejudice any claim originating prior to termination or cancellation subject to all other terms of the Policy. We have the right to cancel the Policy at any time by sending a written nonce at least sixty (60) days in advance to you at your last known address.'fhr notice will include the reason for cancellation. Form Numbers: BIP-DOC 07107,BIP-DOC-PLAT 07/07 Forms in addition to those listed above are also applicable to residents in the following states: Alaska, Form Number: BIP-RDRI-AK 07!07 Kansas, Form Number: BIP-RDKI-KS 07(07 Kentucky, Form Number: BIP-RDRI-KY 07/07. 'fhe 'fermination or Cancellation section is revised to send a written notice of cancellation at least seventy-five (75) days in advance to you at your last known address. The notice will include the reason for cancellation. Louisiana, Form Number: BIP-RDRI-LA 07/07. The definition of Domestic Partner and all references [n Domestic Partner are removed from the Description of Coverage. Maryland, Form Number. B[P-RDRI-MD 07/07 New York, Form Number: BIP-RDRI-NY 07/07 Oklahoma, Form Number: BIP-RDRI-OK 07/07. The following is added to the Description of Coverage: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any [alse, incomplete or misleading information is guilty of a felony. Vermont, Porm Number. BIP-RDRI-V'f 07/07 Washington, Form Number: BIP-RDRI-WA 07!(17 Wisconsin, Porm Numhrr: BIP-RDRI-W107~07 The following form numbers are applicable to residents in the following states: Arizona, Indiana and Texas, Porm Numbers: BIP-IND 07/07, BiP-IND-PLAT 07/(17 1=DR 974883 11 NNERIfAN RE55 FDR 974883 12 O 2009 American Express Gold Delta SkyMiles° Credit Card - },~~i~u REBECCA W COUTTS Closing Date 11/19/10 ~-- _ -- i __ N we Balance $4,394.68 Minimum Payment Due $63.00 Payment Due Date 12/15/10 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: 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 21 years $9,255 Minimum Payment Due $151 3 years $ 5,446 (Savings= $3,809) If you would like information about credit counseling services, call 1-888-733-4139. D See page 2 for important information about your account. O Your billing inquiry is under investigation. No payment on the amount under review of $1,249.80 is required at this time. Please pay the Minimum Payment Due which does not include the amount under review. To view the status of your investigation, please visit us at americanexpress.com/inquirycenter. See Page 7 for important information about your account and an updated copy of your Cardmember Agreement. + Pleasefold on the perforation below, detach and return with your payment + /.DELTA p~t~ Account Ending 6-61002 Delta SkyMiles® Earned this Period 1.755 ^ For details, see your Delta SkyMiles ~ Summary. Account Summary Previous Balance $4,235.16 Payments/Credits -$1,405.11 New Charges +$1,539.83 Fees +50.00 Interest Charged +$24.80 New Balance $4,394.68 Minimum Payment Due $63.00 Credit Limit $10,000.00 Available Credit $5,605.32 Cash Advance limit $2,000.00 Available Cash $2,000.00 Days in Billing Period: 29 Customer Care a Pay by Computer amencanexpress.co m/pbc Customer Care Pay by Phone 1-800-430-1000 1-800-472-9297 See page 2 for additional information. ®Payment Coupon ~ Pay by Computer ~ Pay by Phone Account Ending 6-61002 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. REBECCA W COUTTS 33 S SPRING GARDEN ST CARLISLE PA 17013-2551 Payment Due Date 12/15/10 Minimum Payment Due $63.00 AMERICAN EXPRESS ^ Check here if your addressor P.O. BOX 1270 $ • NEWARK NJ 07101-1270 Amount Enclosed phone numberhaschanged. Note changes on reverse side. I"~~~I~~r'rr~llll~~~r~~ll~~~l~„Irll„~"~r~~l~„I~~r"'Irr'I Exhibit " 0000349991759174428 000439468000006300 17 r• REBECCA W COUTTS Account Ending 6-61002 - p. 217 Payments: Your payment must be sent to the payment address shown on your statement and must be received by S p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. wil I not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollarsand clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment feesand additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearablethrough the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required bylaw. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-presentto yourfinancial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the 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 asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions)to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to frgure the ADB and interest results in dailycompoundingof interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balancetransfersbeglnning on the transaction date. Foreign Currency Charges: {f 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 charge a fee of 2.7% of theconverted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments(such as airlines)will be billed at the rates such establishmentsuse. 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. 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 Service & 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 1'TY:1-800-221-9950 1-800-430-1000 FAX:1-800-695-9090 1-800-CASH-NOW InNY:I-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 www.americanexpress.com/updatecontactinfo • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. • Please print clearly in blue or black ink only in the boxes provided. Street Address City, State Zip Code Area Code and Home Phone Area Code and Work Phone Email Website: americanexpress.com Mobile Site: amexmobile.com Customer Service & 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 paymentfrom your bank account automaticallyeach month Visit americanexpress.com/autopsy today to enroll. For information on how we proles your privacy and to set yourcommunication and privacy choices, please visit www.americaruxpress.com/privacy. ~;a. ""'' `' Gold Delta SkyMiles° Credit Card i.`'"~:~~` REBECCA W COUTTS '~ Closing Date 11/19/10 /~. D E L T /k P~ ~~ Account Ending 6-61002 "Highest in Customer Satisfaction with Credit Card Companies, Four Years in a Row." American Express received the hghest numerical score among credit card issuers in the proprietary J.O. Power and Associates 2007-2010 Credit Card Satisfaction Studies"'. 2010 study based on responses from 8,570 consumers measuring 10 card issuers and measures opmions of consumers about the issuer of their prunary aedit card. Proprietary stu results are based on experiences and pen:eptions of consumers surveyed in May 201 .Your experiences may vary. Visit jdpoweccom Payments and Credits Summary Total Payments -$1,350.00 Credits REBECCA W COUTTS 6-61002 $0.00 JOHN COUTTS 6-61010 -$55.11 Total Payments and Credits -$~,4p5,~ ~ Detail *Indicates posting date Payments Amount 10/26/10* REBECCA W COUTTS ELECTRONIC PAYMENT RECEIVED-THANK -$750.00 10/29/10* REBECCA W COUTTS ELECTRONIC PAYMENT RECEIVED-THANK -$200.00 11/03/10* REBECCA W COUTTS ELECTRONIC PAYMENT RECEIVED-THANK -$400.00 Credits Amount 10/30/10 JOHN COUTTS KOHL'S 1880188 CARLISLE PA 717-243-4595 -$55.11 Total REBECCA W COUTTS 6-61002 _ _ $326.38 JOHN COUTTS 6-61010_ _ _ $1,213.45 Total New Charges _ $1,539.83 Detail ® REBECCA W COUTTS Card Ending 6-61002 Amount 11/13/10 RUE 57 NEW YORK NY RESTAURANT FOOD/BEVERAGE TIP $100.17 $24.83 $125.00 11/13/10 TORR'S VALERO OOOOOOWATCHUNG 9086471683 NJ $43.58 11/15/10 COSTCO WHSE #032700HARRISBURG 7174122053 PA $157.80 Continued on reverse itEBECCA W COUTTS - Account Ending 6-61002 p. 417 , Detail Continued -- Amount ® JOHNCOUTTS Card Ending 6-61010 Amount 10/21 /10 TARGET T-2099 2099 CARLISLE PA $39.44 DISCOUNT STORE 10/22!10 #280 PORT CRANE FA SPORT CRANE NY $49.28 6076488663 Description Price AUTOMATED FUEL DISP $49.28 10/24/10 7-ELEVEN 11406 00071 HUMMELSTOWN PA $41.40 717-566-3381 Description Price GAS/MSC96 37690610 $41.40 10/24/10 80STEES.COM 80sTees.MT.PLEASANT PA $37.40 7246965121 10/25/10 AMAZON MKTPLACE PMTSAMZN.COM/BILL WA $15.39 MERCHANDISE 10/27/10 AMAZON MKTPLACE PMTSAMZN.COM/BILL WA $20.01 MERCHANDISE 11/06/10 COSTCO WHSE #032700HARRISBURG PA $324.15 7174122053 11 /07/10 MACY'S 199 CAPITAL CCAMP HILL PA $68.99 MACY'S Description Price BELTS $21.00 TIGHTS $18.00 E/WAIST DENIM $29.99 11/14/10 TEAVANA 066 30000180TOWSON MD $442 97 4104948811 Description Price GIFT/NOVELTY/SOUVEN $442.97 11!16/10 PAYPAL 4029357733 CA $59.99 402-935-7733 Description PROFESSIONAL S 11/16/10 LENS.COM 888-729-5367 MO $114.43 OPTICAL Cne~ Amount Total Fees for this Period $0 ~ Interest Charged Amount 11/19/10 Interest Charge on Purchases $24.80 Total InterestChargedforthis Period $24.80 Continued on next nano l~'~ ~,- =~`'~`~~~'' Gold Delta SkyMiles° Credit Card _~"~_~:= REBECCA W COUTTS Closing Date 11/19/10 /~. D E L T A P. 5~7 Account Ending 6-61002 2010 Fees and Interest Totals Year-to-Date -------- -- --------- Amount Total Fees in 2010 $0.00 Total Interest in 2010 - - _ $36.25 Includes fees and interest charged for billing periods with closing dates on or after June 25, 2010. Interest Charge Calculation 1 1 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%(y) $2,154.19 $24.80 Cash Advances 25.24% (v) _- . _- - - - ---- --- ----- ---- - $0.00 $0.00 - Total - --- - - $24.80 (v) Variable Rate Current Period Year to Date Miles Earned for Eligible Spend 1,485 _ 10,807 Total Bonus Miles Earned _ 270 _ 23,809 Total Miles Earned _ 1,755 34,616 Bonus Miles Earned __ Current Period Congratulations on earning 2X miles on Gas and Groceries! 270 Total - - - 270 Remember, you can earn a Miles Boost" of 5,000 bonus miles by reaching $15,000 ineligible purchases by December 31st. Your Year-to-Date spend on your Gold Delta SkyMiles° account is $10,807.00. - REBECCA W COUTTS Account Ending 6-61002 p. 6/7 ~, , .~, ~< . P. ~n ~,_ ~I yt i~4 ra. Re: Gold Delta SkyMiles® Account ending in: 61002 11 /11 /2010 Dear Rebecca W Coutts , We wantto help you understand how yourcredit card works. This includes changes we're required to make because of newfederal regulationsthatimpactlate paymentfees, returned paymentfees, and Penalty APRs. These changes are summarized in thetable below. We're also pleased to let you knowwe've rewritten your CardmemberAgreement snit's simpler and easierto use and understand. We've enclosed a copy of yournew CardmemberAgreement,which includes information on: • rates and fees foryour account • the minimum payment due and how payments are applied • when interest charges apply, and when they don't • otheraccountterms You can learn more about howto manage yourcard account and protect your creditwith simple tips, advice, and explanationsbyvisiting americanexpress.com/consumerresources. .. Thefollowingisasummaryofchangestoyouraccountterms,effectiveAugust22,2010. More detailed information about these account terms appears on page 2 of the CardmemberAgreement. Revised Terms, ais of August 22, 2010 Late Payment Fee Upto $35 Returned Payment Fee Up to $35 PenaltyAPRandWhen 27.24% It Applies ThisAPRwill varywith the market based on the Prime Rate. ThisAPRwill applyto youraccount if you: 1) make one or more late payments; or 2) make a paymentthat is retumed. How LongWillthePenaltyAPRApply? IfthePenaltyAPRis applied,itwillapplyforatleast6months. We will review your Account every 6 months afterthe penaltyAPR is applied. The Penalty APR will continue to apply until you have made timely payments with no retumed payments during the 6 months being reviewed. IMPORTANT: See thereversesideofthisletterforinformationabouttheterminationofconvenience checks and the duration ofthe Penalty APR. Thank you for your Cardmembership. We look forward to continuing to serve you. Sincerely, American Express See reverse side forimportant information CMAEUALE0000101 Convenience Checks We will no longer honorconvenience checks. Ifyou still have convenience checks, even if you requested them, DO NOT USE THEM. Any convenience checks presented to us forpayment on orafter March 1, 2011 will be DECLINED. Destroy any convenience checks you may have. Ifyou use a convenience check despite this warning and it is declined, you may have to pay returned checkfees orother penalties to whomever you wrote the check. How Long will the Penalty APRApply? Ifthe PenaltyAPR currently applies to yourAccount, we will review it on or before February 22, 2011 as described on the front of this letter. Before this review, the PenaltyAPR will continue to apply in accordance with the terms of your CardmemberAgreement in effect priorto August 22, 2010. CMAEUALE0000101 _-: ~., ., . ~~ yk~~n CardmemberAgreement:fart 1 oft As of: 11/11/2010 Gold Delta SkyMiles® Issuer: American Express Bank, FSB Cardmember Name: Rebecca W Coutts Credit Limit: $10,000 (Cash Advance Limit: $2,000) Account Endingln :61002 Rates and Fees Table Annual Percentage Rate 14.50% (APR) for Purchases ThisAPR will vary with the market based on the Prime Rate. APRforBalanceTransfers 14.5Q%foranybalancetransferrequestswemayaccept. This APRwill varywith the market based on the Prime Rate. APRforCashAdvances 25.24% ThisAPR will varywith the market based on the Prime Rate. PenaltyAPRand When it 27.24% Applies This APR will varywith the market based on the Prime Rate. ThisAPR will applyto youraccount ifyou: 1) make one or more late payments; or 2) make a paymentthat is retumed. How Long Will the Penalty APRApply? If the PenaltyAPR is applied, it will applyfor at least 6 months. We will reviewyourAccountevery 6 months afterthe Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no retumed payments during the 6 months being reviewed. Paying Interest Your due date is at least25 days afterthe close ofeach billing period. We will not charge you intereston purchases if you pay yourentire balance by the due date each month. We wilt begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from To learn more about factors to considerwhen applying for or using a credit card, the Federal Reserve Board visitthe website ofthe Federal Reserve Board at AnnualMembershipFee $0 forthefirstyear,then $95 Transaction Fees • Balance Transfer Either $5 or 3%of the amountof each transfer, whichever is greater. • Cash Advance Either $5 or 3%of the amountof each cash advance, whichever is greater. • Foreign Transaction 2.7%ofeach transaction afterconversion to US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $35 • Overlimit None How we calculate interest: We use theAverage Daily Balance method (including new transactions). Seethe How we calculate interest section in Part 2. Your Billing Rights: See Part2forinformationonhowtoexerciseyourrightstodisputetransactions. CMAEUAA00000105 Page 1 of 11 How Rates and Fees Work Calculating APRs andDPRs The Annual Percentage Rate( APR)forvariableratesisdeterminedbyaddinganamount( margin) to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate ( DPR) is 1 /365th ofthe APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime+Margin APR DPR Purchase Prime+ 11.25% 14.50% 0.0397% Balance Transfer Prime+ 11.25% 14.50% 0.0397% Cash Advance Prime + 21.99% 25.24% 0.0691 Penalty Prime+ 23.99% 27.24% 0.0746% PenaltyAPRfor The penaltyAPRappliestonewtransactionsif: IfthePenaltyAPRappfiestoabalance,itwill newtransactions • you do not pay at least the Minimum apply to charges added to that balance 15 or Payment Due bythe Closing Date ofthe more days afterwe send you notice. billing period in which it is due, •youdonotpayatleasttheMinimum Wewill review yourAccountevery6monthsafter Payment Due by the Payment Due Date 2 the PenaltyAPR is applied. The PenaltyAPR will times in 12 billing periods, or continue to apply until you have made timely • your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we existing balances can apply the penaltyAPR tothose balances it does not already applyto. After you pay on time for 6 billing periods in a row, the penaltyAPR will no longer apply to those balances (but it may still apply to other balances as described above). We add fees to a purchas e balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Tab/eon page 1 of Part 1. Late Payment Up to $35. Ifwe do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25. Ifthis happens again within the next 6 billing periods, the fee is $35. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a PenaltyAPR. See Penalty APR fornewtransactions and PenaltyAPRforexistingbalances above. Returned Payment Upto$35.Ifyourpaymentisreturnedunpaidthefirsttimewepresentittoyourbank,thefeeis $25. If this happens again within the next6 billing periods, the fee is $35. However, the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See PenaltyAPR for newtransactionsahove. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is retumed unpaid. Wewill alsochargeyou the unpaid amount. Overtimit None. See Creditlimitandcashadvancelimit inPart2. Statement Copy $5 for each statement you request, except forthe 3 most recent billing periods. AccountRe-opening $25ifyourAccountiscancelled,youaskustore-openit,andwedoso. Balance Transfer 3%ofthetransaction,withaminimumof$5.Adifferentfeemayapplyifstatedina romotional p offeroratthetimeofatransaction.This fee is a finance charge. Wewill add ittothesame balance as the balancetransfer. Cash Advance 3%ofthewithdrawalandotherservicesyouobtain(includinganyfeechargedbytheATM operator), withaminimumof $5. We will add this fee tothe cash advance balance. Foreign Transaction 2.7%ofthe convertedU.S.dollaramount.Thisfeeisafinancecharge.See Converting charges made in a foreign currency in Part 2. rar[ ~ , ran: z ana any supplements or amendments make up your CardmemberAgreement. CMAEUAA00000105 Page 2of 11 _ Cx Supplementto the CardmemberAgreement How Your Reward Program Works Delta SkyMiles Types of Card You can receive Delta SkyMiles ®(miles) when you make purchases with your Delta SkyMiles ®Credit Accounts Card from American Express (Card Account) . WeofferClassic, Gold and Platinum Delta SkyMiles Credit Cards. The rewards are differentforeach type of Card Account. How you receive Youreceivelmileforeach$1ofeligible EligiblepurchasesdoNOTinclude: miles purchases onyourCardAccount. • feesorinterestcharges, Eligiblepurchasesarepurchasesforgoodsand balancetransfers, servicesminusreturnsandothercredits. cashadvances, • purchasesoftraveler'schecks, • purchases or reloading ofreloadableprepaid cards, or • purchasesofanycashequivalents. Howyou receive You receive 1 additional mileforeach $1 ofeligible Delta vacation packages. additional miles purchasesonyourCardAccountforthefollowing otherDeltaservices. purchases submitted to us using a Delta merchant You will NOT receive additional miles for: code: • airtravelonaDeltaflight. purchasesofairtravelonaDeltaftighithatare part ofall-inclusive air or sea tour packages. • air travel on a Delta partnerflight with a DL flight code. Whenwetransfer WetransferthemilesyoureceivetoyourDeltaSkyMilesaccountaftertheendofthebillingperiodin miles which you received them. When you will If the Minimum Payment Due is not paid bythe Closing Date ofthe billing period in which it is due, you forfeit miles will forfeit the miles you received for eligible purchases during that billing period. You may reinstate those miles within the next 24 billing periods if your Card Account is not past due and you pay a $29 fee. Howyou can You may receive a Miles Boostaward based on youreligible purchasesforeach calendaryear. For receive a Miles each type of Card Account, the Miles Boost and the eligible purchases required to receive the award BoostS""eachyear areshownbelow. TvoeofCard Annual Eligible Purchases Miles Boost Classic $10,OOOormore 2,500 Gold $15,000-$24,999 5,000 Gold $25,OOOormore 10,000 Platinum $25,000-$49,999 10,000 Medallion Qualifying Miles Platinum $50,000 or more 20,000 Medallion Qualifying Miles Some Miles Boost award restrictions You can receive only one Miles Boost award for each Card Account. In addition, ifyou have more than one Platinum Card Account linked to the same SkyMiles account, you are eligible foronly one Medallion award each year. A calendaryearisfrom January 1 to December31 regardless ofwhen you open yourCard Account. This means in yourfirstyearas a Cardmember you may have fewer months to accumulate eligible purchases toward a Miles Boost award. Restriction on You may receive Welcome Bonus Miles foropening a Card Account. If you open another Card Account Welcome Bonus with a higher Welcome Bonus Miles award, you will only get the difference between the first and Miles second awards. Otherthings you should knowabout this program You will receive miles onlyforeligiblepurchases SkyMiles account. intended for personal, family or household use. We may change the terms of this reward program at ourdiscretion. Ifyou violate orabuse this reward program, you may forfeit some or all of your miles. Weave not responsibleformiles afterthey are credited to you r SkyMiles account. We are also not responsible forthe actions of Delta on your Miles are subjecttothe Delta SkyMiles Membership Guide and Program Rules. You should refertothatdocumentfordetailson: • how to redeemyourmiles, • Delta's right to change its program terms, and • otherconditionsthatmayapplytoDelta's program. CMAEUAPS0000115 Page 3 of 11 This page intentionally left blank. CMAEUAPS0000115 Page4of 11 .~ , .~ a ~~_ CardmemberAgreement :Part 2 of 2 CD 27738 Introduction About your ThisdocumenttogetherwithPartlmakeupthe Any supplements oramendmentsarealsopartof CardmemberAgreement CardmemberAgreement (Agreement)forthe theAgreement.WhenyouusetheAccount(oryou Account identified on page 1 of Part 1. sign or keep the card), you agree to the terms of the Agreement. Changing theAgreement Words we use in the Agreement We may change this Agreement, subject to applicable law. We may do this in response to the business, legal or competitive environment. We cannot increase the interest rate on existing balances except in limited circumstances. Changes We, us, and ourmean the issuer shown on page 1 of Part 1. You and yourmean the person who applied forthis Account and forwhom we opened theAccount. You and youralso mean anyone who agrees to pay forthis Account. You are the Basic Cardmember. You may request a card for an Additional Cardmember (see AboutAdditionai Cardmembers in Part 2). Card means any card or otherdevice that we issue to accessyourAccount.A chargeisanyamount to some terms may require 45 days advance notice, and we will tell you in the notice if you have the right to reject a change. We cannot change certain terms during the first year of your Cardmembership. added toyourAccount, such as purchases, cash advances, balance transfers, fees and interest charges.A purchaseisachargeforgoodsor services.A cashadvanceisachargetogetcash orcash equivalents. A balance transfer is a charge to pay an amountyou owe on another credit card account. To payby a certain date means to send your payment so that we receive it and credit itto your Accountbythatdate(see Aboutyourpayments Part 2). About using your card Using the card Youmayusethecardtomakepurchases.Atour Account statusorchangestoyourcardnumberor discretion, we may permit you to make cash expiration date. You must notify the merchants advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You may arrange for certain merchants to charge yourAccount at regular intervals. We may (but are not required to) tell these merchants about your directly if you want them to stop charging your Account. Keep your card safe and don't let anyone else use it. If your card is lost or stolen or yourAccount is being used withoutyour permission, contact us right away. You maynot use yourAccount forillegal activities. Promise to pay You promise to pay all charges, including: • charges you make,evenifyoudonotpresentyourcardorsignforthetransaction, • chargesthatotherpeoplemakeifyouletthemuseyourAccount,and • chargesthatAdditionalCardmembersmakeorpermitotherstomake. Credit limit and cash advance limit Declined transactions Weassigna CreditLimit toyourAccount.Wemay make part of your Credit Limit available forcash advances(CashAdvanceLimit). Theremayalsobe a limit on the amountyou can withdraw fromATMs in a given period. The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit. We maydo so even ifyou pay on time and your Account is not in default. We may decline to authorize a charge. Reasons we maydothis include suspected fraud and our assessment of your creditworthiness. This may occur even if the charge would not cause you to go over your Credit Limit and yourAccount is not in default. You agree to manage yourAccount so that: • yourAccount balance (includingfeesandinterest) is not more than your Credit Limit, and • yourcashadvancebalance(includingfeesand interest) is not more than your Cash Advance Limit. We may approve charges that cause yourAccount balance to go over your Credit Limit. if we do this, we will not charge an overlimit fee. Ifwe ask you to promptly pay the amount of yourAccount balance above your Credit Limit, you agree to do so. We are not responsible for any losses you incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card. CMAEUACM0000102 Page 5 of 11 About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. For your payment to be considered on time, we must receive Each statement also shows a Closing Date. The Closing Date is the last day of the billing period covered bythe statement. Each Closing Date is about 30 days after the previous statement's Closing Date. Howto make payments Howwe apply payments and credits Make payments to us in U.S. dollars with: • a single checkdrawn on a U.S. bank, or • a single negotiable instrumentclearable through the U.S. banking system, for example a money order, or • an electronicpaymentthatcanbeclearedthrough the U.S. banking system. When making a payment by mail: • make a separate payment for each account, • mailyourpaymenttotheaddressshownonthe payment coupon on your billing statement, and • writeyourAccountnumberonyourcheckor negotiable instrumentand include the payment coupon. If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time disclosed in YourAccount may have balances with different interest rates. Forexample, purchases may have a lower interest rate than cash advances. If your Account has balances with different interest rates, here is how we generally apply payments in a billing period: • Weapplyyourpayments,uptotheMinimum Payment Due, first to the balance with the lowest interest rate, and then to balances with higher interest rates. your billing statement. if we receive it after that time, we will credit the payment on the day after we receive it. If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late fees and additional interest charges (see HowRatesandFeesWork on page 2 of Part 1). If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us to use a particularrate. Ifwe process a late payment, a partial payment, ora payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement. Afterthe Minimum Payment Due has been paid, we apply your payments to the balance with the highest interest rate, and then to balances with lower interest rates. In most cases, we apply a credit to the same balance as the related charge. Forexample, we apply a credit fora purchase to the purchase balance. Wemayapplypaymentsandcreditswithin balances, and among balanceswith the same interest rate, in any orderwe choose. About yourMinimumfaymentDue How we Calculate your TocalculatetheMinimumPaymentDueforeach Minimum Payment Due statement, westartwiththe highestofthefollowing EXAMplE:MfnimumPsymentDue threeamounts: (1) 2%of the New Balance (excluding late fees on the statement}; or (1) interest charged on the statement plus 1 % of the New Balance (excluding late fees and interest on the statement), not to exceed 4% of the New Balance; or (3) $15. Then we add late fees on the statement, round to the nearest dollar, and add any amount past due. However, your Minimum Payment Due will not exceed your New Balance. Assume that yourlJewBaiar-ce #s $3, 000,. interest is $29.57 (see the exsrrp~te ort the next Page), andyou have notate fees oramounts past due. (1) 2%x $3,000 = $fi~D.00 (1) $29.57+1%x($.3,000-$29.57) =$59.27 (3) $95.00 The highestofthathreeamountsis$60.00: So the Minimum PaymentDue is$60.00. Ad justing your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billing periods. Thismayletyoumakeasmallerminimumpaymentfromtimetotime.Butifyouthendo notregularlypay more than the Minimum Payment Due described above, wewill stop adjusting itand return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late feesfrom (1)andnotadd1%oftheNewBalancein (2).Then,if (2)isthehighest(butlessthan4%oftheNew Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. continued on nextpage... CMAEUACM0000102 Page 6 of 11 r: s" f+. W ~~ ..continued from previous page WewilldothisifoversixbillingperiodsthesumofyourpaymentsismorethanthesumoftheMinimum Payments Due (notadjusted, exceptanyamount pastdue is counted only in the firstofthose six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we Charge interest We charge interest beginning on the dateof each transaction. You can avoid paying interest on purchases as described below. However, you cannotavoid paying interest on cash advancesand balance transfers. If you pay the New Balance on every statement by the Payment Due Date, we will not charge interest on purchases. If you pay the New Balance on a statement by the Payment Due Date and then you pay less than the New Balance on the following statement by the Payment Due Date, we will not charge interest on the portion of the purchase balance thatwe apply that paymentto. Butwewill charge intereston unpaid purchases. If you do not pay the New Balance on a statement by the Payment Due Date and then: • you pay the New Balance on the next statement by the Payment Due Date, we will not charge interest on purchases from the date of your payment to the Closing Date of the billing period in which you made that payment. Butwe will charge interest on purchases from the beginning of that billing period until the date of your payment. you pay the New Balance on each of the next two statements by their Payment Due Dates, we will not charge interest on purchases on the following statement. Also, we will not charge interest on purchases on a statement if the Previous Balance on that statement is zero or a credit balance. How we calculate interest We calculate interestfora billing period by firstfiguring the interest on each balance. Different categories oftransactionssuch aspurchasesandcashadvancesmay havedifferentinterestrates.Balances within each category may also have different interest rates. We use the Average Daily Balance method (including newtransactions) tofigureinterest chargesforeach balance. Thetotal interestcharge fora billing period isthe sum ofthe interestcharged on each balance. Daily Balance For each day a DPR is in effect, we figure the daily d balance by: • taking the beginningbalance fortheday, Interest The interestcharged fora balance in a billing period, exceptforvariationscaused byrounding, equals: • Average Daily Balance ( ADB) x • Daily Periodic Rate ( DPR) x • numberofdaystheDPRwasineffect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR forthat balance was in effect. If the daily balance is negative, we treat it as zero. DPR A DPR is 11365th of an APR, rounded tooneten- thousandth of apercentage point. Your DPRs are shown in HowRatesand Fees Work on page 2 of Part 1. EX,4MPi.E Calculat!»glrttenast Assume that you have a single interest rateof 15.99%, yourADBis $2,250i3~there are 30 days in the billing period. The DPRis 15.99°1o+365 days=(?.0438% lnteresf is $2, 2513 x 0.0438%x 30 days _ $29.57 • adding any new charges, • subtracting any payments orcredits; and • makinganyappropriateadjustments. We add a new charge to a daily balance as of its transaction date. Beginning balance Forthe first day of a billing period, the beginning balance is the ending balance for the priorbilling period, including unpaid interest. Forthe restofthe billing period, the beginning balance is the previous day's daily balance plusanamountofinterestequal to the previous day sdailybalance multiplied by the DPRforthatbalance . Thismethodoffiguringthe beginning balance results in daily compounding of interest. When an interest rate changes, the new DPR may comeintoeffectduring not just at the beginning of the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get the beginning balance on the first day forthis new balance, we multiplythe previous day's daily balance by the old DPR and add the result to that day's daily balance. Othermethods Tofigure theADBand interest charges, we may use otherformulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM0000102 Page 7 of 11 Determining the Prime Rate We use the Prime Rate from the Money Rates section(orsuccessorsection)of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date ofthe billing period. The Walt StreetJoumal maynotpublishthePrime Rate on that day. If it does not, we will use the Prime Rate from the previousdayitwaspublished.if The Walt StreetJournal is no longerpublished, we may use the Prime Rate from any other newspaperof general circulation in New York, New York. Orwe may choose to use a similar published rate. Ifthe Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In thatcase, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changesto variableAPRs take effect as ofthe first day of the billing period. Other important information About Additional Atyourrequest,wemayissuecardstoAdditional YouauthorizeustogiveAdditionalCardmembers Cardmembers Cardmembers.Theydonothaveaccountswithus information aboutyourAccountandtodiscussit buttheycanuseyourAccountsubjecttotheterms with them. of this Agreement. You are responsibleforalluseof IfyouwanttocancelanAdditionalCardmember's yourAccountbyAdditionalCardmembersand righttouseyourAccount(andcanceltheircard)you anyonetheyallowtouseyourAccount.Youmust musttellus. payforallchargestheymake. Converting charges made in a foreign currency If you make a charge in a foreign currency, we will convert it into U.S. dollars on the date we orour agents process it. Unless a particular rate is required bylaw, we will choose a conversion rate that is acceptable to us forthat date. The ratewe use is no more than the highest official rate published by a govemmentagency or the highest interbank ratewe identifyfrom customary banking sources on the conversion date or the prior business day. This rate may differfrom rates that are in effect on the date ofyour charge. We will bill charges converted by establishments (such as airlines) at the rates they use. Changing your billing address You must notify us immediately ifyou change the: • mailing addresstowhichwesendbilling statements; or • e-mailaddresstowhichwesendnoticethatyour billing statement is available online. You may close yourAccount by calling us or writing to us. If you have more than one account, you need to notify us separately for each account. We may update your billing address ifwe receive information that it has changed or is incorrect. Closing yourAccount Cancelling orsuspending yourAccount We may: • cancelyourAccount, • suspend theability to make charges, • cancel or suspendanyfeatureonyourAccount, and • notifymerchantsthatyourAccounthasbeen cancelled or suspended. If we do any of these, you must still pay us forall charges under the terms of this Agreement. We may do any of these things atourdiscretion, even if you pay on time and yourAccount is not in default. If yourAccount is cancelled, you must destroy your cards. We may agree to reinstate yourAccountafter a cancellation. Ifwe do this, we may: • reinstateanyadditionalcardsissuedonyour Account, • charge you any applicableannualfees, and • charge you a fee for reinstating the Account. About default We may consideryour Account to be in default if: • you violate a provision of this Agreement, • you give us false information, • youfileforbankruptcy, • you defaultunderanotheragreementyouhave with us Oran affiliate, • you become incapacitated ordie, or • we believe you are unableorunwillingtopayyour debts when due. If we consideryour Account in default, we may: • suspendyourabilitytomakecharges, • cancelorsuspendanyfeatureonyourAccount, • require you to pay more than your Minimum Payment Due immediately, and • require youtopayyourAccountbalance immediately. Collection costs You agree to pay all reasonable costs, including attorneys' fees, thatwe incurto collect amounts you owe. Credit reports You agree thatwe may obtain credit reports about you, investigate yourabilityto pay, and obtain information aboutyou from othersources.And you agree that we may use such information for any purposes, subjecttoapplicable law. You agree that we may give information about your Accountto credit reporting agencies. We maytell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative i mpact on your credit record. If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, EI Paso, TX 79998-1537. When you write to us, tell us yourAccount numberand the specific information you believe is incorrect. CMAEUACM0000102 Page 8 of 11 ' ~~~. i ~~~_ ~..- Sending you notices We mail you notices through the U.S. mail, postage prepaid, and addressthem to you atthe latest billing address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. Wemaycontactyou Fromtimetotime,wemaycontactyouabouttopics to ensurethequalityofcustomerserviceorwhenit ranging from servicing to marketing offers to is required bylaw. colfectingamountsyouowe.Wemaymonitorand You can choose to not receive marketingoffersfrom record phone calls between you (or any Additional us. To do this, call us at 1-800-297-8378 or log on to CardmembersonyourAccount)andus.Wedothis www.americanexpress.com/communications Aboutinsuranceproducts Weorouraffiliatesmaytellyouaboutinsuranceand or anotheraffiliateistheinsurerorreinsurer. non-insurance products,servicesorfeaturesthat Compensation mayinfluencewhatproductsand mayhaveafee.Oneofouraffiliatesmayacton providersweorouraffiliatesteltyouabout. behalfofaprovideroftheseproducts.Theaffiliate We may share informationaboutyouwithour maybe compensatedforthis.Theinsurance affiliates so theycanidentifyproductsthatmay products arenotofferedorsoldbyusoronour interestyou.Wemaybecompensatedforthis behalf.Ouraffiliates maygetadditional information. compensation when Amex Assurance Company How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducted from debits fromyourchecking electronicallydeducttheamountfromyourbankor yourbankorotherassetaccountonthesameday account otherasset account. we receive your check. Also, you will not receive We mayprocessthecheckelectronicallyby that cancelled check with yourbankorasset transmitting to your financial institution: account billing statement. • the amount, Ifwecannotcollectthefundselectronically,wemay • the routing number, issueadraftagainstyourbankorotherasset • the accountnumber,and accountfortheamountofthecheck. • the check serial number. ExpressPay Cards issued on yourAccount may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. Yo u can call us to deactivate ExpressPay at any time. Also, we maydeactivate ExpressPay at any time. Privacy Actof1974notlCe Somefederalagenciesmayacceptthecardunderauthorityofstatute.Whenyoumakechargesatthese agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. COnvenienCechecks Convenience checks(includingbalancetransfer addthefeetothesamebalancethatweaddthe checks) are checks thatwe may send you to access convenience check transaction to. your Account. The following terms will apply to use We will charge $29 each time you ask us to stop of those checks unless otherwisedisclosedwiththe paymentonaconveniencecheck. check. Ifyou use a convenience check, we may decline it. If we decline it, you may have to pay returned check fees or other penalties to whomeveryou wrote the check. Ifyou use a convenience check and we honor it, we will charge interest beginning as ofthe date we receive the check. You cannot avoid paying interest on convenience check transactions. We will charge a fee for each convenience check transaction. This fee is 3% of the transaction, with a minimumof$S.Thisfeeisafinancecharge.We will A convenience check is not a card. You may not use convenience checks to pay this or any other account with us or our affiliates. If you use a convenience check, we will apply the: • cash advanceAPR ifyou make it payable to cash, to you, or to a bank, brokerage or similar asset account, orto a mortgage or insurance provider. • purchase APR if you make it payable to a merchant. • balancetransferAPRifyouuseittotransfera balance from another creditor. • penaltyAPRifitappliestoyourAccount. Changtngbenefits Wehavetherighttoadd,modifyordeleteanybenefit,service,orfeatureofyourAccountatour discretion. ASSigningtheAgreement Wemaysell,transferorassignthisAgreementandyourAccount.Wemaydosoatanytimewithout notifying you. You may not sell, assign or transfer your Account or any ofyour obligations under this Agreement. Assigning claims Ifyoudisputeachargewithamerchant,wemaycredittheAccountforallorpartofthedisputedcharge.If we do so, you assign and transferto us all rightsand claims (excluding tortclaims) againstthe merchant. You agree that you will not pursue any claim againstthe merchantforthe credited amount. And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 9 of 11 We do notwaiveourrights WemaychoosetodelayenforcingortonotexerciserightsunderthisAgreement.Ifwedothis,wedonot waive our rights to exercise orenforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold yourAccount in Utah. We entered into this Agreementwith you in Utah. Arbitration This Arbitration provision sets forth the Circumstancesand procedures underwhich claims may be arbitrated instead of litigated in Court. Definitions As used in this Arbitration provision, the term claim means any daim, dispute or controversy between you and usarising from or relating to yourAccount, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements,exceptforthevalidity, enforceability or scope of this Arbitration provision. For purposes of thisArbitration provision, youand usalsoincludesany corporate parent, orwholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaserofanyaccounts,sll agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of daims. Claim includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third- partyclaims and daims based upon contract, tort, fraud and otherintentional torts, statutes, regulations, common lawand equity. Claim also includes claims by oragainst 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 acceptthe card, third parties who use, provide or partiripate infee-based or free benefit programs, enrol Iment services and rewards programs, credit insurance companies, debt wllectors and all oftheir agents, employees, directors and representatives) ifand only if, such third party is a party in connection with the daim. The term claim is to be given the broadest possible meaning that wi 11 be enforced and includes, by way of example and without limitation, any daim, dispute or controversy that arises from or relates to (a) anyof the accounts created under any of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral orwritten statements related toany such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based orfree benefit programs, enrollment services and rewards programs), and (d) your application forany account. We shall notelectto use arbitration underthis Arbitration provision for any claim that you properly file and pursue in a small daims court of your state or municipality so long as the claim is individual and pending only in that court. Initiation ofArbitration 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 arbitration organization to which the daim is referred in effect at the time the claim is filed ( code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association ( AAA), as selected by the party electing to use arbitration. If our selection of eitherof these organizations is unacceptable to you, you may selectthe other organization within 30 days after you receive notice of our selection. For a copy of the code, tofile a claim orfor other information, contact either: JAMS (1920 Main St #300, Irvine, CA 92614 or jamsadr.com) orAAA (335 Madison Ave, New York, NY 10017 or adr.org). In addition to the organizations listed above, claims maybe referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided thatany such organization and arbitrator(s) will enforce the terms ofthe Restrictions on Arbitration subsection set forth below. Significance ofArbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOUAND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECTTOARBITRATION. EXCEPTAS SET FORTH BELOW, THEARBITRATOR'S DECISION WILL BE FINALAND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENTTO COURTALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS ORON BASES INVOLVING CLAIMS BROUGHTINAPURPORTED REPRESENTATIVE CAPACITYON BEHALF OFTHE GENERAL PUBLIC, OTHER CARDMEMBERSOROTHERPERSONS SIMILARLY SITUATED. The arbitrators authority to resolve claims is limited to daims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by oragainst someone other than you, unless agreed to in writing by al I parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision ofthisAgreement (including but not limited to the Continuation subsection below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions on Arbitration subsection be deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) shat l not apply. Arbitration Procedures ThisArbitrationprovision ismade pursuant to transactions involving interstate commerce and shall be governed by the FAA. The arbitration shall be governed bythe applicable code, except that this Agreementshall apply if there are any conflicts. The arbitrator shall apply applicable substantive law consistent with the FAAand applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the derision. The arbitration proceeding shall not be governed by anyfederal or state rules of civil procedure or rules of evidence. Any party may request that the arbitrator expand the scope of discovery by doing so in writing and copying any other parties, who shall have 15 days to make objections. The arbitratorwill notify the parties ofhis/her decision within 20 days of any objedingparty'ssubrnission. The arbitratorshalltske reasonable steps to preserve privacy. The arbitrator's award shall be final and binding, except forany right of appeal provided by the FAA; however, either party shat l have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. CMAEUACM0000102 Page 10 of 11 continued on next page... L•~ `. ..continued from previous page The organization will then appointathree- arbitratorpanel which shat l consider anew any aspect of the decision objected to by the appealing party. The panel shall issue its decision, by majority vote, within 120 days of the appealing party's written notice. Judgment upon any award rendered by the arbitrator or panel may be entered in any court having jurisdiction. Location ofArbitration Arbitration hearings you attend shall take place in the federal judicial district of your residence. Payment of Fees You will be responsible forpaying yourshare, ifany, of the arbitration fees (inGuding filing, administrative, hearing andlor other fees), but only up to the amount of the filing fees you would have incurred ifyou had broughta claim in the state orfederal court closest to your billing address thatwould have had jurisdiction. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or partof your share of any arbitration fees. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. Your Billing Rights : Keepthis DocumentforFuture Use Continuation ThisArbitrationyrovision shall survive termination of yourAccount; voluntary payment of the Account balance in full by you; any legal proceeding by you or us to collect a debt owed by the other; any bankruptcy by you orus; and any sale byus ofyourAccount (in the case of a sale, its terms shall applyto the buyer of yourAccount). If any portion of this Arbitration provision, except as otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, itshatl notinvalidatethe remaining portions of this provision. This noticetellsyouaboutyourrightsandour Whileweinvestigatewhetherornotthere YourRightslfYouAreDissatisfiedWith responsibilities underthe Fair Credit Billing has been an error: YourCredit Card Purchases Act. Wecannottrytocollecttheamountin Ifyouaredissatisfiedwiththegoodsor What ToDolfYouFindaMistakeonYour question, orreportyouasdelinquenton servicesthatyouhavepurchasedwithyour Statement that amount. credit card, and you have tried in good faith to If you think there is an erroron your The charge in question may remain on your correct the problem with the merchant, you statement, writetousat: statement,andwemaycontinuetocharge mayhavetherightnottopaytheremaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 Whileyoudonothavetopaytheamountm EI Paso TX 79998-1535 question, you are responsibleforthe remainder of your balance. In yourletter, give usthefollowing information: • Accountinformation:Yournameand account number. • Do!/aramount:Thedollaramount of the suspected error. • Descriptionofprob/em:lfyouthinkthereis an error on your bill, describe what you believe is wrong and why you believe it is a mistake. • Wecanapplyanyunpaidamountagainst your credit limit. You must contact us: • Within 60 daysaftertheerrorappearedon your statement. • At least 3 business days before an automated payment is scheduled, ifyou want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may cal I us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receivingyourletter,we must tell you thatwe received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receivingyourletter,we must either correct the error or explain to you why we believe the bill is correct. Afterwe finish our investigation, one of two things will happen: • If we made a mistake :You will not have to pay the amount in question or any interest orotherfees related to that amount. • Ifwe do not believe there was a mistake You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquentwithoutslso reporting that you are questioning your bill. We musttell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all ofthe rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. To use this right, a(I of the following must be true: 1. The purchase must have been made in your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services. ) 2. You must have used yourcredit card for the purchase. Purchases made with cash advances from an ATM orwith a check that accesses your credit card account do not qualify. 3. You must not yet have fully paidforthe purchase. If all ofthe criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: American Express PO Box 981535 EI Paso TX 79998-1535 While we investigate, the same rules applyto the disputed amount as discussed above. Afterwe finish our investigation, we will tell you our decision. At that point, ifwe think you owe an amount and you do not pay, we may report you as delinquent. CMAEUACM0000102 Page 11 of 11 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 24, 2013 130056.001 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE U Sheriff "T THE PROT HONO TARi' Jody S Smith 2013 MAR 18 AM 9: Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF THS S#46RIFP PENNSYLVANIA American Express Bank, FSB vs. Case Number Rebecca Coutts 1 2013-1200 SHERIFF'S RETURN OF SERVICE 03/1112013 09:22 PM-Deputy Noah Cline,being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Rebecca Coutts at 256 H St., Carlisle Boro, Carlisle, PA 17013, NOAH CLINE, DEPUTY SHERIFF COST: $34.00 SO ANSWERS, March 12, 2013 RbNlr(-R ANDERSON, SHERIFF (c)CountySuits Sheriff,Telectsoft,Dic, L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB,a Federal c n "' Savings Bank, rnm ; M p Plaintiff m �" 'r - Nr- N � V. No. 13-1200C r-:z r'a :r za �-r.� REBECCA COUTTS, y. C:)r Defendant -, w 130056.001 ct) j`7 PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated,the following on the records thereof: A. 1. ❑ The within suit is Settled,Discontinued, Ended and costs paid. 2. ❑ The within suit is Settled,Discontinued, Ended WITH Prejudice and costs paid. 3. ® The within suit is Settled,Discontinued, Ended WITHOUT Prejudice and costs paid. B. 1. ❑ Satisfaction of the Award in the within suit is acknowledged. 2. ❑ Satisfaction of Judgment,with interest and costs, in the within matter is acknowledged. C. ❑ Other: By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown,PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: April 12,2013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB,a Federal Savings Bank, Plaintiff V. : No. 12-1200C REBECCA COUTTS, Defendant 130056.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: REBECCA COUTTS 256 H STREET CARLISLE PA 17013 By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610)628-2440 Fax: (610)465-8844 Date: April 12, 2013