The URL can be used to link to this page

Home My WebLink About13-2006 Supreme Co o : ennsylvania Con o ,Pleas For Prothonotan' Use Only. y ver S _ et Docket No: STy 1, � cuM LfiND County 13 010�10 CIViI I(:fn1 <� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other papers as required by law or rules of court. Commencement of Action: S El Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: AMERICAN EXPRESS BANK,FSB,AFEDERAL SAVING DALE DANNER T Dollar Amount Requested: (]within arbitration limits I Are money damages requested? El Yes ❑ No (check one) []outside arbitration limits o N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? © Yes 0 No A Name of Plaintiff/Appellant's Attorney: MICHAEL F. RATCHFORD,ESQ. ❑ Check here if you have no attorney (are a Self- Represented [Pro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Ton) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ® Motor Vehicle © Debt Collection: Other ❑ Board of Elections Nuisance ❑ Dept. of Transportation © Premises Liability 17 Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑Employment Dispute: E ❑ Slander/Libell Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: 1 ❑ Other: .o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort -DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑ Mandamus Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial 13 Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: © Medical ® Other: ❑ Other Professional: Updated 1/112011 ('! v 7. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAm r American Express Bank, FSB, aFederal -<Y o� Savings Bank CIVIL ACTION 4315 S 2700 W z o 0 5 SALT LAKE CITY , UT 84184 PlaintiffY' vs. NO: I3 - dooly l�iv�1 lern'1 DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET s CARLISLE, PA 17013 1C)&75 PA ATT� 717-243-9400 C� 1035 & -189183 M360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB, aFederal Savings Bank CIVIL ACTION 4315 S 2700 W SALT LAKE CITY , UT 84184 Plaintiff VS. NO: DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Defendant COMPLAINT Plaintiff, American Express Bank, FSB, aFederal Savings Bank, by and through its attorneys, Edwin A. Abrahamsen& Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, American Express Bank, FSB, aFederal Savings Bank, (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4315 S 2700 W SALT LAKE CITY , UT 84184. 2. The Defendant DALE DANNER(hereinafter "Defendant") is an adult individual residing at 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050. 3. Defendant applied for and received a credit card issued by American Express Bank, FSB, aFederal Savings Bank with the account number ending in 1005. 4. Use of the American Express Bank, FSB, aFederal Savings Bank credit card was subject to the terms and considerations of the Cardmember Agreement(hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card.(see attached hereto as exhibit"A'). 5. Defendant used the American Express Bank, FSB, aFederal Savings Bank credit card account number ending in 1005, for purchases, cash advances and/or balance transfers.(see attached hereto as exhibit`B"). 6. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 7. The total amount due and owing the Plaintiff is $18,163.33. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of$18,163.33 plus costs of suit and any other relief as the Court deems just and appropriate. 4Res ect #Ratchf tted, kicih.AF. rd, squi re Attorney I.D. No .: 86285 120 N. Keyser e Scranton, PA 1 504 mratchford@ -law.com Phone: 800-5 3-1665 Fax: 570-5 8-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, American Express Bank, FSB, aFederal Savings Bank, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. c a 1 F. Ratchfo , Es uire sAlf EX-- H- IBIT a f CD25664_FDR974943 a12:FDR815199 5/29/2009 6.28 ED Page I m FDR 974943 —�7f-- CD 2S6M(07tr09) Blue 1 1 Agreement AMERI EY�RE55 tYekome to American Express Cardmernbership Expreapay, Company and the Basic Cardmember are also responsible for This document and the accomparyingsuppiemem(s) The Card may be equipped with the Expresshy,feamre arty tosses as well as arryotber consequences related to or constitute your Agreement.Please read and keep this (ExpressPay'),which enables you to make Charges without resulting from actions taken by any third parties amhoriud to Agreement Abide by its terms.When you keep,sign or use the hating the Card swiped or imprinted at a participating art on behalfof The Company and the Basic Cardmember. Business Card issued to you(including any renewal or merchant ExpriesPaymesacampvmreup that is builthoo Nottvithstandi gthe Comymy'smdthe Basic replacement Ausiness Cards},ar ymn use the acmunt the Cud and transfers encrypted payment information Cardevember's responsibility for all use of the Card Account,by associated with this Agreement(your"CandAccount•),Dar vomlessly when you hold the Card to acantactless reader, each use of the Additional Card to incur Charges,the agree to the terms ofthis Agreement The words'you;•"your" Charges made with Expree;Pay are as secure as other Charges Additional Cardmember indicates his ar her agreement to pay and"yours"mean the person named on the Brioness Card youmakewiththe Card.ExpressPsygerrionesaunigne us for the Charge ifthe Company,andow the Basic and/or,where applicable,the Company.Youhavc received this cryptogram to further protect your account from fraudulent Cardmember fail to m refuse in pay iC and we may,at our Business Card at the request of the Company for me in intersections.Ifyov ratifyus that the Carder lost,stolen or has iiiwWion,puTmeAdditional Cardmembersforpaymentof connectionwilhthe CardA"unt YouwiBbecaHada been fraudulentlyused,the Card and the Expresspay feature Charges they tneuror, autheriae even though we send bilk to "Business Cardmember"o,Additional Cardmember"The win be deactivated and another maybe reissued.Yovagmeter the Rasic Cardmemberandn of to Additional Cardmembers. Basic Cardmemberislheauthorizingoffiarofshe Company use ExpressPayonly in accordance with our instructions,and The Company and the Basic Cardmember autodre as to .he authorized us rooter the Business Card to you by signing yea agree not to at tempt to get cash with Expresspay,from any provide Card Account information to Additional the Company's application for the Grd Account The term source.You maycancel the ExpressPay featurem the Cardor aid matters and to discuss the Card Accauntwith them. "Compsmy�means the company,corporation or firm in whose any Additional Card at any time upon notice to is by calling The Basic Cardmember agrees to notify each;additional name the Business Card Account is established The Company, the cumber an the back of the Card Card member,at the tame he se she becomes an Additional Basic Cardmember and Additional Cardmembers agree,both Credit Litz Cardmember,that we may receive,record,exchange and use Paralyzed individually.to be bound by the terms of this Aportion ofynur credit line maybe available to you for information about him or but in the same manner we do with Agreement.The ter in-Card-refers to the American Express• Cash Advances up to your Cash Advarwe limit We may,at any information about you.as described hobo,in the Consumers Business Card issued to you,all other Bromms Cards issued on time audio our sale discretion,increase and/or decreasefar Business Reports,Telephone Communication,and your Card Account,and any other dn•ien(such as Cud credit line and Cash Advance limit.lot may limit Charges.1 an Saspenion(Cancelhoum sections of this Agreement Account numbers)wills which you may access year Card automated teller machine CATAO to die lesser of 0)a total of Rifling Statements AcermL"We,""our"and"us"referto American Express Bank, $Iplmu in any seven-day period,or tily the corru wewomen Wes,it]send bills for all Charges to the then current Basic FM,the issutt ofyam Card Account. ofibe Cash Advance Limit on your Account,and we may Cardmember for the Card Account or such other person Using the Card impose additional limits at our sole discretion on addition to designated by the Company to receive the bills at the mailing You may use the Card to obtain goods and services from any limits imposed by the ATM's owner).Your billing ore-mail address provided by the Basic Cardmember,The any person who accepts the sand(`purchaae(s)').You agree statements will show your credit line and Cash Advance limit Company ar Basic Cardmember must notify us immediately of that you will use the Cad for commercial or business and the noosed portions of such line and limit as of the any change in the mailing or email address to which we send purposes.You may also use the Card to obtain team("Gsh statement date.You agree to manage your Account so that your billing statements or notices that a billing statement has been Adtance(sr)through various means we may make available balance I.,Cash Adtanas(hxinding fees and Finance posted("ttfilingAddmsC).Upon wish a Billing Address (e.g.,ATM machines)up to the applicable limits on your Charges)will not exceed the Cash Advance limit and your change to apply to more than one account you maintain with Aceannt.At our discretion,we may permit you to storage, overall balance,including fees and Finance Charges)will not vs,you musttrllus.You agree that we may also update your balances from other accounts to your Account("Balance exceed your credit line.You agree to pay as,immediately upon Billing Address ifwe mmiveinfimmation that your Billing Trmsfer(sj').At nor discretion,we may issue convenience request,the amount ofanybalance,on your Account in excess Address has changed or is incorrect.The Company or Basic checks that you can we to access ymu Account Each of any applicable cred'zt line or limit.We reserve the right to Cardmember most also notify us immediately of any change in convenience(beck may be used only by the Basic decline any attempted Charge,even firm Charge would not the Basic's or the Company's mailing address,telephone or fax Cardmember.You may not mr,convenience checks to pay any cause you to exceed your credit line or In.R, numbew the Company's name or the Company's state of amount you owe under this Agreement or to pay any other tae are not responsible for any losses er crime consequences incorporation or organization,changes to your social security account you have with as or our afffliates.Transactions you Be mansaction an Smut Account is not approved for any number or employer ill number,and my the,information we make in response to promotional otters from as will besubject reason,even ifyou have sufficient credit available.Except as may"curest, to the terms of the Firestorm and this Agreement. otherwise required by applicable law,we will not be The'New Balance"appears on your billing statement.To All mounts charged to your Account,including Purchases, responsible ifanv merchant refuses to honor the Card or for determine The New Balance,we begin with the outstanding Cash Advances,ea)arsce,Transtiers,convenience cbec}s.annual any other problem you may have with a merchant. balance on you Account at the beginning of each billing teals),ifan}t any amounts guaranteed by use ofthe Card,other Lae may perinde.1ty re-evaluate yam evelaytandingand, period,called the'Purchases Balance on the billing statement. fees,and any Finance Ch exiles,are A`hargm.7 A convenience in connection with such re-evaluation.you agree to provide us We add any Charges,subtract any credits or payments credited chat that we identify as hating been made payable to cash,to uPa.mic request copies of such documents we may request as of that billing period,and mat's other applicable you,orto.ban It.brokerage ar sirmar asset account or to a including,but not limited m,bank statements and tax re turns, adjustments. mortgage provider or ara antt provider will be treated as a Framiset.pay, Minimum.Ammmt Dne Cash Advance.Any other convenience cheek andior a Balance You promise to pay all Charges,including Charges incurred FAch billing statement will reflect a Minimum Amount Transfer will be treated as a purchase,exis"as otherwise by Additional Cardmembers,on your Account.This promise Due.payment is due by the time and dale shown and in the noted if you make a Purchase or a Balance Transfer,or urea includes som Charge for which you ar on Additional manner prescribed on ilre statement the Minimum Amount c.nvenience check,that is governed by a promotional offer Cardmember indicated an intent to incur the Charge even if Due will not exceed the New Balance.You may paymam than from us,the Charge will be included in a Promotional Balance, you or the Additional Cardmember have oat signed a charge the Minimum Amount Due,up to the entire outstanding .vies,we notify you otherwise. form of presented the Card.You also promise to pay my balance,at any dime.To calculate the Minimum.Amount Due, You agree two to let any Farm.use a Card except a Charge incurred byanyeme danyou....Additional we add together the following amounts,round the result to the Cardmember whose name is on it You agree to notify us if the Cardmember let use the Card,area though year have agreed nearest whole dollar and then add my income past due: Card is lost m stolen,at Iva suspect Or at it is being used am to let anyone else use the Cud. (1)the grealesl oL without your permission.You agree to use the Account only for (a)1%of the New Balance(excluding from the New Putt bases,Cash Advances,ar Balance Tnessfew that are lawful C.'rh radva Responsibility(or Basic and Additional afraid Grdmemhers Balance any my late feu or over-limit fees); and me,permitted under this Agreement.We may issue you Additional tasdareamms4.not have accounts with as. @)the]mer of renewal or replacement Cards before a puriousty issued Card (i)current billed Finance Charges plus l%ofthe New Tres. instead,they are aulhorired users on the Card Account,and the P exp' Ba3ana(excluding from the New Balance my late If annge,on is rComember to your Account the Cards tmpany or be canceled the Basic y fees n...er-limit tees and finance charges),or art mhi➢Char es onare (but area not required uiredtt usto reols,an Company Cardiv mberlsp you musto use party Change, y us to revoke an Additional GrdmembeBs permission to use PO4%oi the New$aianrx:or ("Renovating Charge(artywit may @ularenotrount stories,riiJ the Cud AcessmarTheCompanyand the Basic Cardmember be)$15; provide such thirdpartywitti yvureto perAccount party are responsible under this Agreement for all use ofthe Card (2)my near-limit fees added during the billing period;and Grdnumberandbrw,Account We mays.permit such third seven Aecountb the Basic Cardmember and-Additional (3)any late fees added during the billing period. t.continneant number Account Wemaytue such stepsevrn Y dyour account number changes or i(we issuearenewal or Cardrnembem,and by anyone else the Basic Cardmember or Adjusted Minimum Amount Due replacement Card to you or an Additional CardmandmeTo an Additional Cardmember lets use the Card,and the Charges Summary:Ifyvu consistently pay more than the withdraw authnrinuian for a Recurring Charge,you most they incur will be billed to the Basic Cardmember.The Minimum Amount Due outlined above,we may calculate vow notify the third party. Company and the Basic Cardmember have this responsibility minimum payment without any late fees or the additional l% even if they did not intend for an Additional Cardmember,or ofthebalaneivismiassim(t)(b)(0.Ifevedoth3s,and other person,to use the Card for any transactions.The finance charges we more than 2%of the balance,we may add 1 CD25664_FDR974943_p12:FDR815199 5/29/2009 6:28 PM Page 815 to your minimum payment.For information about how Finance Charges this works,read the detailed description below. F.. Wemaydeeidenottomilacsethe DPRs(and P A.Finance Charges begin to accrue for each Chargeas of corresponding APRs)applicable to your Aurora as s,,forth in Detailed llescrip[ion:We may adjus[ihe outlined the date the Charge is added to the daily balance,as described Paragraph D above Ifwe decide not to do so,we still have the calculation above by removing the late fees in(3)and"plus l% below.lfpayment in full for any New Balance shown on the right subsequently increase the DPRs(and corresponding ofthe New Balance"in(1)(b)(i).Inihempoledcalculalion, statement for a billing period is credited loyour Arco um by APRs)applicable m your Account in accordance with we will exclude only the over-limit fees firm the New Balance the Payment Due Date shown on that statement,then Finance paragraph D above ad the other Provisions alibis Agreement. m(1)(a).After the adjustment,if(I)is equal to the current Charges'ill not-cove fee Purchases from the date on which Any balances transferred from another account to this Card billed Finance Charges,we will increase your Minimum payment in full of that New Balance is credited to your Account shall be governed by the terms and conditions of this Amount Due by S 15. Account until the end ofthe billing period in which such We will apply the adjusted calculation to your Account if payment is credited to your Acco nt,In addition,Finance Agreemenq unless notified otherwise. •the sum ofyour payments(credited to your Account in Charges will not accrue for Purchases during a billing period if Average Daily Balance Method far Calculation of Finance the six consecutive billing periods ending with the (a)the Previous Balance sboom on the billing statement for Charges Closing Date ofthe current billing period)is greater than that billing period is zero or a credit balance,or(b)payment in We use the Average Daily Balance methodm calculate the sum of the Minimum Amounts Due(for the six full for the New Balance,ifarr,shown on the statements Finance Charges on your Account,Under this method,we consecutive billing periods ending with the(losing Date covering the two immediately preceding billing periods is calculate the Finance Charges on your Account by applying the of the Previous billing period,no[using the adjusted credited to your Account bythe respecfive Paymen[Due Dates DPR to the Average Daily Balance(as described below) calculation and including the amount past due in only shown an those statements.For Purposes ofthis paragraph, separately for each balance subject m Finance Charges, the first those six periods); Purchases do not include Balance Transfers or convenicnm Different periodic cotes maybe used for different balances.For •the sum ofthe Minimum Amounts Due is equal to the dorda. example,dJfermt DPRs may be applied to separate balances, sum ofyour Payments and it is less than or equal to$90; B. The Daily Periodic Rate("DPR")for Purchusndthe such as Purchase,Cash Advance,and Promotional Balances.To the sum of the Minimum Amounts Due is zero and we DPR for Cash Advances are each based an xa APR,which may get the Average Daily Balance for each balance,we(1)take the used the adjusted calculation in the last billing period vary,or which for Purchases may be fixed as set forth in the beginning balance for each day(including unpaid Finance when your Minimum Amount Due was not zermor supplemen.Ifthe APR invariable,the APR is based on the Charges from previous billing periods).(2)add any new Rrve adjs[your Minimum Amount Due,we will do so(or Prime Rate describedbelow The APR for Cash Advances uthe traneactfons,dehits,orfees,(3)subtractany'paymentsor at least six billing periods,and ifive stop adjsting your Prime Rate plus 17.99%.A DPR is 1/365th of the APR.Your credits creditedsafthat day,and(4)make any appropriate Minimum Amount Due,we will not adjust it again for at least DPRs and APRs,variable or fired,appear on the adjustments.For each day after the first day ofthe billing six billing periods,regardless of your payment history accompanying supplement(s).When an APR changes,we Period,we also add an amount mfintereat equal to the previous Payments apply it any existing balance subject to that rate. day's daily balance multiplied by the DPR for the balance.This All payments most be seat to the payment address sboom C. The"Prime Rate°is determined once with respect to gives us the daily balance for the particular balance for that day ofyour billing statement and must include the remittance each billing period.The Prime Rate for each billing period is and the beginning balance for that balance for the next day if coupon from your billing statement-You must pay in in U.S. the Prime Rate published in the Money Rates section(or this balance is negative,it is considered to be ecto.Then,wa currency,with a single draft or check drawn on a U.S.bank and successor section)Of The lttall Stores Journal on(a)the first day add up all the daily balances for each balance for the billing payable in US.dollars,or wi th a negotiable instrument payable of that billing period or(b)the day that is two days prior to the Period and divide the total by the number ofdays in the billing in US dollars and durable through the U.S.baking system, Closing Date of that billing period,whichever is higher,In each Period.This gives us the Average Daily Balance for that or through an electronic payment method clearable through case,if such a day is not a Customary publication day for The balance. the U.S.banking system.Your Account number most be Wall Street/ournal,we will substitute the closest preceding day Ifyou multiply the Average Daly Balance for each balance included on or with all pa}ments.Ifw-e decide to accepts that is a customary pubhwtiov days B7he Wgll SheetJuurnal by the number ofdays in the billing period and the DPR for payment made in a foreign currency,you coularizeus to ceases or sspends Publication,we may,refer to the Prime Rate that balance,except for variations the Finance Charge assessed on choose a conversion rate that is acceptable to us to convert published in any other newspaper ofgeneral circulation in that balance,except fonariations roused by rounding.The your remittance into US.currency,unless a particular rate is New York New York,or we may substitute a similar reference total Finance Charge for the billing period is calculated by required by law rate at our sole discretion.Any increase or decrease to an APR adding the Finance Charges assessed on all balances o fthe Payments conforming to the above requirements that we resulting from a change in the Prime Rate takes effect as ofthe Account.This method of calculating the Average Daily Balance receive no later than the hour specified on your baling first day of the billing period.An increase in the Prime Rate and Finance Charge results in daily compounding of Finance statement will be credited to your Account as of the day means that the variable APRs(and corresponding DPRs) Charges.We may use mathematical formulas which produce mceaved;payments conforming to the above requirements that applicable to your Account will increase and you maymear equivalemresultsto Wculatethe Average Daily Balance, we receive after the hour specified on your billing statement higher Finance Char gas and may have a higher Minimum Finance Charge,and related amounts.For example,we may will be credited to your Account as of the folhoung day Amount Due. utilize computer programs or other computational methods If payment does not confirm to the requirements stated D. The DPR(and corresponding APR)on all balances may that are designed to produce mathematically equivalent results above,crediting may be delayed.If this happens,additional increase under the following circumstances: while using fewer and/or simpler computational steps than are Charges may be imposed.We may acupl late payments, 1. The DPR(and corresponding APR)on Purchases will described in this Agreement. partial payments or anypayments marked as being payment to increase to the Default Rate,which is a DPR that corresponds At our discretion,ire may exclude certain categories of Full or res being settlement ofany dispute without losing any of to an APR equal to the Prime Rate plus 1599%,and the DPR debit trans action,a,fees from the calculation of the daily our rights under this Agreement or under the law Our (and corresponding APR)on Cash Advances will increase to balances.Unless we elect to use a later date,we add a Charge to acceptance ofany such payments does not mean we agree to the Default Rafe,which is a DPR that corresponds to ant APR the daily balance as Follows:We add a Cash Advance or change this Agreement in any way.You agree that our equal to the Prime Rate plus 21.99%,ifduring the Review Purchase to the appropriate daily balance as of the dale of acceptance ofsuch payments will not operate as an accord and Period a payment ofyour Minimum Amount Dec is not request or the transaction date on the billing statemenf.We satisfaction without am prior express written approval. credited to your Account by the Payment Due Date in any two add a convenience check to the appropriate daily balance asof Subject to applicable law,we wall apply and allocate billing periods.The"Review Period"is the period,constituting he date offing deposit.Are add a Balance Transfer other than payments and stairs among balance,and Charges on your approximately one yen,,oftwelc consecutive billing partodsg through-convenience cbeckto the appropriate daily balance Account in any order and moaner determined by us in our sole ending with the Closing Date of the current billing period as of the date ofihe request.We add periodic Finnce Charges discretion.In most cues,we will apply and allocate amens whether or not you received a statement for each such ImIin to the daily balance as described above.We add any other first to balances at lower Annual Perrmart a Rates APRs' P g Charge to the appropriate daily balance s of the date of the rag (" ) eriod.count f Default Ratesareapplied,theyoval apply and then to higher APR balances,and apply Purchase credits your ACCOun[fora minimum of twelve consecutive billing transaction. first to the balance from which the corresponding debit periods,beginning with the current billing unless you Periodic Finance Charges are added to the outstanding originated However,for servicing,administrative,systems or have triggered a higher APR based an the criteria described in balance att heend of the billing period for which Finance Other business reasons,we mayapply and allocate payments subsection(2)below Charges are calculated.In any such billing period,we will and credits among balances and to Charges on your Account in 2. Notwithstanding the foregoing,the DPR(and impose a minimum Finn¢Charge mfS0.50,which will be someother order or manner that we may determine in our sole corresponding APR)on all balances will increase to a Default added to the balance with the highest APR unless,for our discretion.You agree that we have the unconditional right to Rate which is a DPR that corresponds to an APR equal to the convenience and to our sole discretion,we choose to add it to a exercise this dis,,nahm in a way that is most favorable or Prime Rate pis 23.99%,ifduring the Review Period(a)a balance with a lower APR In our sole discretion,we also may convenient to as payment ofyour Minimum Amount Due is not credited to round any calculations made in determining the Finance Authorization for Elemormic Debit W Your Checking our ACsimir bythe Payment Due Date in any three or more Charges on you Account in any way that is convenient to s. Accont g billinSeeria&(b)apaymnt ofyour Minimum Amount Due Any such rounding may apply to or case variations in your is not credited to you Account by the Payment Due Dale in DPRs. Ynfomyoion from your check s to makat,n el ctroniiuna ant we consecutive billing periods,(c)a payment on our we information frmyouromyout or to process payment y y. Annual FCes transfer from your account or to process the payment as a Account is not honored by your bank or other financial There is no annual fee for this Account check transaction.Ifwe process your check electronically, institution,or(d)you exceed any designated credit limit on late Fees funds may be withdrawn from your bank or asset account as your Account three or more times.If this Default Rate is We may assess a Late Fee if a payment ofatlent the soon as the same day are receive your check.Also,ifvve process applied.it will apply to your Account for a minimum of twelve Minimum Amount Due is not credited to your Account by the yas check electronically,you will not receive that cause consecutive billing periods,beginning with the cumen16IDing Payment Due Date.The mount ofthe Late Fee depends on the check with your bank or asset account statement. pun0d amount ofthe Previous Bohn¢on the statement on which the Late Fee appears,as(allows: FDR 974943 2 CD25664_FDR974943.p12:FDR815199 5/29/2005 6:28 PI Pogo 3._... - Prniom Balance a1 Subject to applicable law,we may alsoconsider your meaning that will be enforced and includes,by way ofexample Less than$400 519 Account to be in default at any time if my instrument made by and without limitation,any claim,dispute or controversy that $400mgreater $38 you to us in connection with this Account or any Other Credit arses from or relatesto(a)my of the accounts created under Other Fees program was false or misleading;if you breach any promise or any of the Agreements,or my balances on any such accounts, abl shhat under my others agree that you may with b it re'rown wean romotion$or oral m written statements to Wecable law Excetas otherwise fees to your Account,subject or } gr y } ( ) F us or with on ofow affiliates;ifwe receive information related[o an such auounh, odds ar services financed under added to thelawhase Balancherwise noted,these fees will be Y > g added to the Purchase Balance. indicating in that you pay bankrupt,intendme file due;or we receive any Oftreaaelate or the terms intiml rdrip(n cludin benefits 1, Dishanomd Payment:We ma}'&argea fee of$38 are unable to pay your debts as they fortune due;or we receive and services related to Cardmernbcrahip(including fie-bated information leading us to candade that uaremberwienof mfree benefit Drams,enrollment services and rewards payment ordecheck,erecei easpaymentonyour tic 8 }v' programs, not honored upon presentment. that on your Account i5 that we in evaluating n,creditworthiness,es&youagree not electtousd(d)yn...ppliction far any azcn Pro ision fo not honored upon fuse presentment. tba[we may rely in information contained in consumer no[eledmuse arbitration under the Arbitration Provision for reports,and in our discretion we may consider the amount of an claim that you Property and rime in as mail claims Imrica is Trove connection ceorothengahoriz at F 7 } ) Fop 7 P debt you are Carrying com compared our resources or an other court of Our state or munici all so ton as the Claim is to American he Check Serviced,we may hangea fee of Y P Y Y Y P ty t. location and the rterk is Oat honored.we may chargeafeeof Ofyam credit characteristics,regazdiess ofyexu performance individual and Fund ing only in that court. $38.(We will also add a Charge to the Cash Advance balance of an this Account,We may also consider your Account in default Initiation ofArbilration Proceeding/Selecton of }'our Acamest in the a mount of tae check uhatwas two in the event ofyour death. Administrator:Any Claim shall be resolved,upon the election honored) In the event ofyour default,and subject to any limitations by you or u;,by arbitration pursuant to this Arbitration 2. Stop Payment Orders:Wemaycharge a fee of$29 ocurnmermentsofapplunble fart,we mayrequtre payment ofe Provision and the code ofpoceedures oftbe national each time ux receive arequest to stop payment onx portion oflamrouturculirig balance greater than the arbitration organization to which the Claim is referred in effect each time wC..chn,.re on est to sAccount Minimum Amount Due,declare the entire amount ofyour at the time the Claim is filed(the"Code'),except to the indent 3. Over-limit Fee:We nmycharge a fee of335 in each obligations to us immediately due and payable,mdlor suspend the Conflicts with this Agreement.Claims;haCbe billing period the New Balance on your statement exceeds your or cancel your Account and/or any feature that may be offered referred to either the National Arbi/ration Forum("NAF")or aedithoe in connection wida the Account.You agree to pay all the American Arbttratou Assoclation(`AA Las selected by 4, Cash Transaction Fee for Rusinesa Checkn We may reasonable costs,including reasonable attorneys'foes,incurred the party electing to use arbitration.If a solution by us of charge a fee for cavfi necks of the greater d3%ofthe by u5(1)incanneaton with the collection of."mount due either ofthese orgamations is unacceptable to you,you shall transaction or$5.This fee is a Finance Charge,For purposes on your Account,whether or not any arbitration,litigation,or have the right within 30 day's after you receive notice ofohr ofthis Agreement,a'cash check"is any American Express similar proceedings are initiated;and(2)in reasonably election to select the other organiadon listed to serve as Protecting ourselves from an lass,harm,or risk relating to any rebellion.admhhiscamr.Par ac of the rocedures,to file is Business ash,yours maker company,, y Additional rag P S Y g Y °Pit P payrees;cash,yourself,your tampon};any`Addilional dufauit on your ACCOUnI. Claim or for other information about these organialions, Cardmemberaoil l+rokernge,accwmtsi Transactions Mfnde I.Fateign Currencies Contact them res foEow•r dealers/storkbrok era/invoument(wndishowsunenr accounts. Ifyou incur a Charge in a foreign currency,it will be HAF at P.O.Box 501941dionopolis,MN 55405; S.Balance Transfer Fee.We may assess a transaction fee converted into Ur&ddlazs on the date it 6 processed by on rbsite www,arlotmaxer-forumcom, for each Balance Transfer on your Account,as disclosed in the our agents.Unless o parted.rate is required by applicable AAA at 335 Madison Avenue,New York,NY 10017; applicable Promotional Offer or at the time of the transaction. law,you audrorin,ex to choose a conversion rate that is w•ebsite wnvadnerg. This fee,ifasexted,is a Finance Charge. acceptable tour for that dale.Current}',the camenion rate was signifi n".fArbitration:IFARBITRATIONiS 6. ATM Fee:We will impose a fee each times Cud is used use for a Charge in a foreign currency is no greater than(a)the CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, to obtain cash or my Cube,servino from an Al'M.This fee will bighot offend.",on rote published by a government NEITHER YOU NOR IV WILL HAVE.THE RIGHT TO be 3%of the am on cot of the cars withdrawn oroiher Cc vic. agency or(b)the highest interbank conversion rate identified LITIGATE THAT CLAIM IN COI fRT OR HAVE A TORY TRIAL obtained(including any additional fee imposed for use ofthe by usfrmr:customary banking sources,on the Conversion date ON THAT CLAIM.FURTHER,YOU AND WE WILL NOT ATM by its operator),with a minimum Of S5.This fee will be or the prior business day,in each instance increased by 2.7%. HAVE THE RIGHT TO PARTICIPATE IN A added to the Cash Advance balance. This Conversion rate may differ from rates in Oliat on the date REPRESENTATIVE CAPACITYININ AMEMBELAI ANY Sus sion7Cana1lation nfyour Charge.Charges emonoudbyestablidevente(such as CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM P'se SUBJECT TO ARBITRATION.EXCEPT AS SET FORTH In addition to my other actions we may take under this airlines)will be billed at the rates such establishments use. Y Y BELOW THE ARBITRATOR'S DECISION THIS THAT FINAL Agreement, offered inc connection your unt,we any Bunefltsand Sm'icab AND BINDING.NOTE THAT OTHER TO RTATYOU feature ntfered in connecion with yam Account,we may Subject roapp&able law,we have the right to add,modify OR WE WOULD HAVE IF YOt:WENT TO(:OURT ALSO reduccymur credit line arcash advance limit(including to or delete may benefit,service,or Feature that may accompany MAY NOT BE AVAILABLE IN ARBITRATION. level below your outstanding bdancel,we may convert the your Account at any time and without notice to you. Restrictions noArbitratiom IF EITRERPARTY ELECTS outstanding balance or any portion thereofdua to a fixed Arbitration TO RESOLVE A CLAIM BY ARBITRATION,THAT CLAIM payment plan(the terms dwhich will be communicated to purpose:This Arbitration Provision sets forth the SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. you upon conversiom and which will require payment ofthe circumstances and procedures under which Clums(as defined THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY mustandingbatence in equal monthly installments,including below)may be arbitrated instead of litigated in Cowl. CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS finance charges,over a period of,at am option,up to 60 DeBnit ions:As used in d»s Arlonsuen Poorncm,the OR ON BASES INVOLVING CLAIMS BROUGHT IN rmonths,and permit y.to pre pay the wounding Instance turn'Claim"means any claim,dispute or controversy between PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF without a prepayment premium for a period of time to be you and us arising from nrreloung to your Account,this THE GENERAL PUBLIC,OTHER CARDMEMBERS OR specified in the terms to be communicated to you),an/or we Agreement,the Electronic Fonds Transfer Services Agreement, OTHER PERSONS SIMILARLY SITUATED.The arbitrators may suspend or cancel the aurhoriation ofany Additional and any oNer related or prtorageemoul that yen may have authority to resolve Claims is limited to Chains between you Carderember in make Charges to your Account,at can sole had with in the relationships resulting from any of the and usalone,and the arbitrators authority to make awards is discretion at any time,with or without cause,whether er not above agreements"AgteemrnLs°).except for the rabidly limited to awards to you and us alone.Furthermore,claims your Account is in defaut,and without giving notice,Cabinet enforceability or scope of this Arbitration Provision or the brought by you against ex.or by us against you,my not he on applicable low.Any sudh action on our port will not cancel Agreements.Far purposes of this Arbitration Preenim,"you" joined or Consolidated m arbitration with Claims brought by or your obligation to pay all Charges due on your Account under and"n4"also includes any Corporate parent,or wholly or against Someone other than you,unless agreed to in%Tiling by theterms of this Agreement in effect at the time Claude action majority owned subsidiaries,affiliates.any licensees, all parties.No arbitration award nr decision will have any m as subsequertlyinumded and you agree to pay us ell such predecommsuaeswrs,assigns,any purchaser ofany preclusive,efTecr as to issues or Claims many dispute with Chargodusixte any such action.We may advise third parties accounts,all agents,employees,directors and representatives anyone who is not a named party to the arbitration. who accept the Card that the Card(s)issued to you and/or of any ofthe foregoing and other persons referred to below,in NWUithstanding any Other provision in this Agreement Ade,itiond Cazdmemb ershavebeeneanculed.B"Concelthe to defmitionof"Claims""Claim indudes claims ofevery (including but not limited to the Continuation provision Card or it expires,you may no longer use it and ymh must had ad nature,hadsicingiul not limited to,initial claims, below)and wnbout waiving tuber party's right to appandutch destroy it a remen it to us or,if we request.to a third party,If counterclaims,cross-claims and third-puny Claims and Claims decision,should any portion of this Restrictions on Arbitration you want to cancel theACcoma or any Additional Cards,yen hoped upon contract,our,fraud and other intentional torts, Provision be deemed invalid or unenforceable.then the entire mutt notfy us and destroy the Card(s). statutes,regulations,common law and Murry."Ch..m'rlso Arbionwon Provision(otwr than this semence)shall not Ifive agree to reinstate}vair Aaoertafur a Cancellation, notaries Claims by or against arty third party using or providing apply. the new Agreement we send you(or,ifwe do not send you a any producr.service or benefit in cmmecture with any account Arbitration Praceduron This Arbitmrian Provisions new Agreement,this Agreement as it may be amended) ill finduding,but not limited to,credit bureaus,third parties who made pursuant to a transacuon involving interstate commerce, govern your reinstated Account When we reinstate your azcePt the CmL third parties who use,provident participate in and shall be governed by the Federal Arbitration Act,9 US.C. Account,we may reinstate any Additional Cards issued in fee.based or free benefit programs,enrollment services and Sections 1-16,as it may be arreaded(the"FAA).The Connection with your Account,and b@ you the applicable rewards programs,credit insurance companies,debt collectors arbitration&hall be governed bythe applicable Code,except annual fee(;L and all oftheir agents,employees,directors and that(to the extent anforcrable under the FAA)this Arbitration Default representatives)ifand only if,such third party is named as a Provision shall control/fit is inconsistent with the applicable We may consider your Account to be in default at any time co-pary wob you or us(or ides o Claim with or against you or Cade The 2rbitmmr shall applyapplicabkautrstantive Saw ifyou fail to pay us any mount when it is due,or ifyou breach us)in connection with a Claim auerted by you or in against consistent with the FAA and applicable statures oflimitations any other promise or obligation under this Agreement the other,The in= ClmsCstobe given Ow broadest Terrible and shalt honor claims of privilege recognition ad law and,at FDR 974943 3 CD25664 FDR974943_pl2:Ft)R815199 5(29/2009 6:28 PM Page, 4 the timely request ofe}tberpar[y,shall provide a briefieritten Bureau Unit,P.O.Bux 7871,Ft lauderdale,FL 33320-787/and the laws of the State ofUtah(without regard W tribunal explanation of tee basis for the decision.The arbitration identify the specific information you believe is inaccurate. principles ofconflicts oflaw'),and by applicable federal law.We proceeding shall not be governed by my Federal or state rules You are hereby notified that Information about your me located in Utah,hold your Account in Utah,and entered ofeivil procedure or rules of evidence.Either party may submit Account that may have a negative impact on your credit record into this Agreement with you in Utah. a request to the arbitrator to expand the scope ofdiscovery may be submitted to a credit reporting agency ifyou fail to AMERICANEXPRFSSRANK,FSR under the applicable Code.The party submitting such a fulfill the terms ofyonr credit obligation, request must provide a copy to the other pariEwho may Telephone Cnmmvnica5nns To American Expttss Cexdmembevs To The United States submit objections m the arbturfor with a copy of the You agree that from time to time we may monitor andlor and Its Territories objections provided to the requesting party,within fifteen(15) record ,],phone calls between oat or Additional days of receiving the requesting party's notice.The granting or P 1 ( RillThi Disputes Procedure Amid cursor),areprof wilt he In the sate detention,of the �ordmembersenite a aregt)and usmacable the quality of ngisspute procedures. arbitrator, ant information about am arbitrator,who shall notify the parties o(hiilher decision our oumtereimin oral required by applicable hatabielaw. billing dispute procedures'. within twenty(20)days ofihe objecting party%submfssmit. You au;horiz<us to call arstnda mxt msssagc to you aza[ry Notify UsinWcof Ermtsor Questions About Your Card 'The arbitrator shall take reasonable steps reserve the mumberyougfve.us or from which}'oat call us,including Statement P P mobile phones. Iyou think your statement is wrong or ifyou need more theacyrfimidene by andofbusines may entered judgment any phone dialing rs Tans for any such Into purpose,the a»ardrendered by the arbitator may be catered in any information about,Transaction on yourstatemrnt,write us on telephone us limited dieting systemsed fraud Intend court having jurisdictlon.The arbitrator decision will he final a separate sheet o(paper at the address for billing inquiries but oat limited to:suspected fraud or identity there AKUUuI and burning,except fm any,right of appear!proscribed by the listed on your statement.Write to us as soon as possible We transactions or servicing:offers o(American Express products FAA.However,any party can appeal that award ro,three- must hear tram you trio Iattrthan 60daysaAer we sent you the to Place eillcct,in connection Account.You amhorizeru arbitrator party administertdbytresame arbitration first statement an which the otter or problem appeared.You to place prerecorded calls in connection with the status olpoor organization,which shall consider anew my aspect of the account,rrstmrity and identity inch matterz, can also reitpr<me us,but doing so will notpreservt your initial award objected toby the appealingparly.The appealing You agree to pay any fee,,or charge,you incur for in<onung rights under this procedure. party shall have thirty(30)days from the daze Aftorby of the Gaits or text messagrs trout us without reimbursement. in your letter,give as the following nemrmaivaus written arbitration award to notify the or bitmtien organization Your name and account number that it is exercising the right ofappeat.The spires)shall be filed Privacy Act of 1974 Notification The dalm-or seen ofthesusponed error. with the arbitration organization in the loan ofa dated Useofthe Cardat Federal Government Agencies Describe the error and cxfilair,ifyou can,why you writing.The attenuation arganirmum will then notify the other American Express has entered into contracts that enable believe there is an error.if you need more information, party that the award has been appealed.The arbitration the Card to be accepted at act.federal government agencies describe the item you are not sure about. c,ianization will appoint a inert-arbitroar panel in at will and depart mom s("Agencies").As with Card transactions at If you have authorized to to Pay your account statement conductanarbitration pursuant to its Code and issue its Knmmercial establishments,when you choose to use your,Card a-lomaticallyflo-veto talent,checking or other account, decision within one hundred and twenty(120)days of the date at an Agency,certain Charge information is necessarily yon can stop the payment an any mount you thinly is want,. ofihe appellants written order.The decision of the pane)shall collected by us.Charge information from Card main orm,at To stop the paymentyour,letter most reach us three business be by majority are a ad,shall be final and binding. Agencies may be used for routine ees,such as processing days before the automatic payment is scheduled to occur. Location of AilabonfianR payment of Fees:Any Charges and Payments,billing and an]lectimu activities and procedure Afte r TV,Receive Your Written Notice arbitration hearing that you attend shall take place in the may be aggregated for reporting,analysis and marketing We will acknowledgey'our letter within thirty(30)day's, federal judicial district ofyonr rcafdeaav you will he activities.Additional"routinewes'of(,hargeinformaiionby unless we have canceled the error by then.Within ninety(90) responsible for paying your share,ifany,ofthe arbitration fees Agencies are published periodically in the Federal Register days,we will either correct the error or explain why we believe including filing,administrative,hearing andtar other fees) insurance Products Notice the statement was correct. provided by the Code,to the extent thatsuch fees do nut We identify insurance providers and products that may be Attu we receive year letter,we will not try to collect any exceed The a moral ofihe filing fees you would have incurred if ofinterestto you In this role we confute on behalfoflhe amount you question or report you as delinquent,We can the Claim had been brought m the state ar federal court closet in.nee provider,as permitted by tau.We receive continue to hill you for the amount you question,including to your billing address that would have jurisdiction over the compensation from miniatures providers that may easy by Finantt Charges.You do not have to pay any questioned t11 Claim.We will be responsible for paying flue remainder of any provider and product A&o,the may receive additional amount while we are investigating,but you are still obligated to arbitration fees,At your written request,we will consider in compensation or financial benefit when AMEX Assurance pay the parts ofyour statement drat we net in question. good faith making a temporary advance adult or part ofyonr Company or an other American Express entity acts as the if we find that woe made a mistake on your statement,you share of the arbitration fees for any Claim you initiate,as to insurer or miner for then produce.The arrangements we will not have to pay any Finance Charges related io any which you we we seek minuend on.You will not be assessed any have with providers,including the potential to insure or questioned amount.Ifwe did not make a mistake,you may arbitration fees in excess ofyour share if you do not prevail in reinsert products may also influence what products and have to pay Finance Charges,and you vvill have to make up any any arbitration with us. presiders we]lionO. missed payments on the questioned amounts,In either use, Continuation:This Affreation Provision shall survive Notices we will send you a statement of the amount you owe and the termination ofyour accounts as well as voluntary payment of date that it is due. the Account balance in full by yon,my,legal proccedmitin,yen Any notice given byrsshall be deemed given when Upon dupay the amount that we think you owe,we may or us to collect a debt owed by the other any bankruptcy by deposited in the U.S.mad,postage prepaid,addressed to you at ten Upon ail to pay the a Bounttatwet inkyo ti are doe not or us,and an sate as cry oar Account and in the case the latest Billing Address shown on oar records. you y by ( satisfy you and you unite to us within Ten(10)days telling us its terms terms shall apply to the buyer ofany afyour Changing this Agreement/Assignment n(this Agreement that youstilt arose to pay,we mast tell anyone we report you Account).Except as whence,provided in the Restrictions on We may change the Terms ofe,add new terms to this to that you have a question about your statement,and we will Arbitration provision above,irony portion afiber Arbitration Agreement at any timS in acmrthaer with applinble law.We tell you the name ofanyrone we reported you to.We will tell Provision(other than the Restrictions on Arbitration may apply any changed or new terms to any then existing anyone we report for to that the matter has been settled Provision)is deemed invalrd or unenfoatabie it shall not balances on}rout Account as will as to future balances.This between us"hen it finallyis. invalidate the remaining portions of this Arbitration Provision, written Agreement is a final expression ofihe agreement Ifwe do Act follow iheserdes,we will nai radon the first the Agreement or any,pridecesmr agreemevtyem may have between the credit or and the debtor and the written S50 of the questioned amount,even if your statement was had with us,each ofw•hich shall be enforceable regardless of Agreement may not be contradicted by evidence ofany alleged cored. such invalidity cum)agreement We may also sell,transfer or assign this Waiver Agreement and the Account at any Time without notice to par. Special Rule have r Cud Purchases You may not sell,assign or transfer your Account or any of ]fyrmrae you purchased witih the Caty orod yearhvr Uurart,ater elay in eanyringa rights nigh this your obligations under this Agreement services that no correct t the the fard,e merchant, trued water, Fournrdelay a yaccount,s all art rights,cate, in faith t the problemwith the.an a }'oat waiter,ofrw rights on any account,shall not consfilutea Aanigvment q(Claim.° may not have to pay[he remahringamamt due on the wafvcr ofsucb rights an any other occasiure lathe event you dispute a Charge and we credit year property orservices.There are two limitations to thia(a) ConsumeHBusicen Reports Account for all or part of such disputed Charge,we Your, t havemade the purchase in your home state o5 decry You authorize us to request consumer andlor boomess automatically succeed to.and you are automatically deemed to within your home state,within 100 miles ofyonr current as sign and transfer to as,any right,,and claims(¢cluding tart mafiin address;and The purchase ace musthavebten reportspopiate,to makeredexchangit y information h (h) lw P deem appropriate,IO Obtain and exchange any vrformation we claims)that you have,had or may have against any Third party more than$50. may r<,,hefarm consumer orbruinetes reports and other for an mount equal to an,Macai we credited to your Tonebernations do not apply ifwe own or operate the sources,and base such information for any proposes,subject Accrued After we make such credit.you agree that without our merchant,or ifwe mailed you the advertfsemnifar the toappt<ablelaw. consent Two will not pmox,myclaim against or property or services. reimbursement from such third party for the mount that we NetcforOhio Randleman The 14.against You authorize as to fwnisb information concreting your g Amount toconsumerreporting agencies,or others,subject to credited to yotu'ACtoun4and that you will cooperate with us if discrimination right,that allnediters make credit equally applicable law if you believe information we have furnished we decide to pursue the third party far the amount credited manatole toaRnonitworthy customers,and that credit aparriag about yaw Account to a consumer reporting agency is Applitahle Law agencies maintain separate credit histories on each individual inaccuratt,you should write to us or American Express Credit This Agreement and your Account,and all questions about upon request.The Ohio Crail Rights Cmnmissiort ammuslers their legality,enforceability and int erpretation,are governed by compliance with this law. FOR 974143 d CD25664_FDR974943 p12:F0AB15199 5/29/20019 6:28 PM Page 5 I -- 1 necessary,once youadvisem.YNew➢I also reimburse you for investigation and determine that there 1%no error,we will f Agreement Between Cardmember and your actva7 lasses or damages,fiery,caused by rive error. notify you of The date on which we will rednbit your Bank American Express Travel Related However,there aresmv,exceptions.We will not be liable to Account,and the amount to be debited.YOU authorize us n,an oncern you in the following instances: agentto debit your Bank Account for Orisamount.You should Services Company,Inc. if,through an fault oterms,your Bank Account does not make certain that your Bank Account contains suffinent funds Electronic or did not contain enough money to complete the to cover this debit.ifit does not,we hone the right to charge Once You transit in Pay By Compuur,Pay By Prone or any marsaction or the transferwould exceed an established such amount to the Accenttae to voltaic the amount from you other American Express Electonic File&Transfer setrice atdflare; i(Ihishapptns,we may caned yovx righuo participate it the (hereafter the"Program'),you will be subject to all,Electronic • if the funds in year Bank Account are ar were at the time program. Fonds Transfer..Agreement(the"EFT Agreement"). of the attempted inureaction subject to legal porcessa Termination either emumhrassce marinating the transaction; Pde,or any bank or financial institution participating in the ScopeofAgreemeal . iferdarreances beyond our control(such as fire or program.may addmor remove from she Ptogmm arynrali This£FT Agreement mazrs your partidpauon in the Dead)prevent or prevented the transaction,despite ATMs oratend or limit the services provided at any location Program.In lhiiLET Agreement,the words'ymr"and"your" reasonable precautions that we have taken; without notifying you beforehand In addition,we may refer tothe Basic Cxrdmember and also include all Additional . if.technical malfunction known to yens prevented the discontinue the Program an any time Cardmtmbers who have enrolled in the Program.The words transaction; Your tight to particpazt in the Program will be terminated "we;'7sw"and%u 'mfer to American Express Travel Related . or any other exceptions stated in this EFT Agreement. or suspended if the Cud Account is canceled or samendett0 Services Company,roc.The words'you,American Express gusiness Dny you cancel the authorization you have given your batik to Accounts"refer Agreement ant")a,any oche For propous ofthsis EFT Agreement,our business days are directly charge checks to your Bank Account,if the Bank governed American AgreementaCard-Iper iorany other American Fxpress ACrounts that w<permit you to enroll in the Monday through Friday Holidays arc not included. Account Erom which paymesLL will he made wheat you make Uaro action,under the Program is closed to withdrawal Peldbya an words"your Bank Account refer to she account Arbitration transactions by as Oroar agents,ifyour participation in the held bye bank,securities firm or other financial institution The Card AUOUnt is governed by the Cardmemba Former ismanive for 18 anecuuve months or more,Or if from which payment will be made when you make Agreement contained herein.The.Arbitration Provision the Card Account is no tonger in grind standing. hasnoc[ioas under the Program.The words"your banK'mean contained within that agreement applies in this EFT In addition to the foregoing,we may revoke your right to the bank,securities farm writhe,financial institution that Agreement Pkase refer that provision as you read his participate in the Program,at any time,at our sole discretion, holds your Bank Account.The words"other options-rIf"to Agreement with or without came,subject to applicable law.liwe do so,we electronic payment transfer options and/or other cash access latency will send you written Hotter,but we wary or and you the that American Express may make available from time to time, Electronic funds transfers you initiate pursuant to this EFT notice until after the revocation.We also have the right to deny inducing hen lion to acv Accoma bill ell Comically A eem m mcmared the American mss Diva at $ P pay gr lfi yo amcillsca0onforall resit art transaction,a[anytime, our Using acomputer,phone Or other device. I'dscp,acopy oCwhieF was given m}'ov together with your soiedtsaeuon with orwithwt4aase.andwabout gningyou Your Account is governed by[be Crantraber Agreement American Express Card.To view our Privacy Policy online, notice,subject to applicable law.You mayterminate your that is inedhed to this EFT Agreement.That agreement and please visit amerkanexpaess.coe. participation in the Program but your must do so by writing to the capitalized terms in it alw apply b ere. How to Contact Us us at the address disclosed in the Section of[his EFT Payment for Cash Transactions Iffoa any reason you wish to contact us about the program, Agmemrnt entitled How to Contact Us. Each time you initiate a translation under the Program, about your participation in the program,a about transactions Prtnr.Ag,eduror and.kangssmenis you instmct and authorize us or our agent to draw a check or relating to the Program,write or call us as follows: This EFT Agreement supersedes a37 prior agreements you initiate an automated clearing Force,EAGn debit in your Address.American Express Travel Related Services may have with us relating to the Program.We have the right to name an your Bank Account,payable to as o,to our agent,in Coman,Inc,Electronic Fends Scrvtces,EO.Box 297815,8 Company assign this EPLAgreemenl[oasubsidiary or affiliate company the amount of the transaction The amount Of the transaction LauderdafG PL 333294815 or e-mail us rp dickingon the ai arry•[ime. is the amount Of the Arcoum biByoupaid or other funds Customer Service link online at www.amliranexpresssom. transfer you aunrized,plus any applicable fees.,'hag-, Telephone.I800-CASH-NOW,24 hours a day,seven days COMPANY, EXPRESS TRAVEL RELATED SERVICES Ea We may charge week a fee OI'S38 far each check ar ACH debit COMPANY,INC a . drawn by us or our agent in cancer,thm with the Program that In Case of Fmrrsmtjveziions Ahnut Your T'ranssainns is not honored upon first presentment,subject to applicable Note for Marnechu etii Residents taw.Ybur bank may alsn assess its customary charge for such Write or call us at the number or address given above as General Disclosure Statement Any drdrvmddMUlU items,iCmay soon as you can ifyou think yaw statement or receipt is wrong provided on you which indicates that an electronic tends or ifyou need motto information about atmndane.listed an transfer was madeshall be admissible as Cider fsuch Dishonored Requests for Payments year statementorseceipt.voi must hear from pan nolater than uanat,,ands hail constitute prima fade pmnfthat such If any check or ACH debit drawn by us or our agent in 60 days after sse sent you the FIRST Statement on which the (,east,was made, connadded with the Program is mot honored by year,bank,we problem or error appeared.Ifyou are delayed at contacting on The initiation by yen of certain electrode funds lmnsfem have the right to charge the amount of any such traruactin4 due to extenuating circumstances,(such as a hospital stay),we from your Bank Account will,except as otherwise provided in and the dishonored payment fee referred to above,to the Card may,extend this 60 days for a reasonablc Unix. this EFT Agreement.effectively eliminate your ability to slop Account or to called the=omit Gam you if Or in happens,we L Tell us your name and Account number. pe-ymentofthetaansfcr. may cancel yourright to participate in[he Program. 2. Describe khe error or ere Uansactinn you are ustsure UNLESS 01HERAIISE PROVIDED IN THIS EFT For certain Bank ACCamns you may have sepwaire about,and uplain as deatiy as you can why you believe it is an AGREEMENT,YOU MAY NOT STOP PAYMENT OF agreement with us or with a participating bank,securities enm orwhyyou need more information. ELECTRONIC FUNDS TRANSFERS;THEREFORE,YOU inm or other financialinmarred that allows alineofcreditto 3. Telluithedolluamountoftb eauspectederron SHOULD NOT EMPLOY ELECTRONIC.ACCESS FOR be dresse d in the event that your Bank Account cosnoms ifyou tell us orally,we may require that you send us}rour PURCHASES OR SERVICES SINLESS YOU ARE SATISFIED insufficient funds to make payment to us.Yausbardreferm complaint or question in writing within 10 business days*from THAT YOU WILL NOT NEED TO STOP PAYMENT. the appropriate agreement relating to that line ofcredit for the thederteyounatifieduse. Dtschume of Adrenal 9nfoemattan to Third Parishes.If terms and conditions that govern its use. We will tell you the results afoot investigation within 10 you goy as Year veraten authorization to Anclosombeenmation Liability for Unauthorized Transactions and Advisability of business days*after we bear from you and we will Correct any about You,your Account or the transactions that you make to Prompt Reporting error promptly.Ewa need more tints,however,we may take up any person,that authorization shall automatically expire 45 You most tell us AT ONCE ifyou believe atxansatUgn to 45 calendar days to investigate your complaint or question, daysafterwerecoiveit. under the Program has been made without you authorization. If we decide to do this we WE assure that your bank recrcdlts Optional limit an Obtaining Cash.YOU hats the option Telephoning is the best way ofminimarag possible lonoiHe your Bank Account within 10 matters da}s'for the mount to request that the limit the total amount ofeash that you may transaction was unauthorized,and within five days after your you think is nt error,so that you WE have the use of the money obtain from ATMs in a single day to$50,ifyou elect this team about it you notify as that the transaction was during the time it takes us to complete our investigation.Ifere option we will take all reasonable steps to comply with your unauthorized,we will not hold you liable for that transact ion. ask you no put your complaint or question in writing and we do request. B,any event,even ifyou fait or notify as your liability for any not receive it within 10 busmen days"follotamg your oral "For Mnsmchwoun residents)OCafendar days instead of ummthoriztd transaction or wales of relatedunauthorfztd andifice mon,we holy act,nzedit your Bank Andorra business days. tomwortia¢shall not exceed$50.ifyou believe that someone Ifontification ofan error is rachadwithm 13"lend., bas transferred or may transfer money from your Bank days after your Bank Account is opened,we will have 20 t Account withriuipmninion,dill-.1400-528-4800(within U.S.) business days to protideyou with fieresurs ofour m1-335-393-1111fimside US.)anytimt,orw:Ne:.Asx[e,kan investigation and cannot any arm,and 90 days to 'Tbe infommtionbelow summaiaxes:re terms and Express Credit Department,P.O.Box 53830,phoenix,Aromas the investigation. conditions afthe Extended Warranty Plan(foamerly the 85072-3830. if we determine that there was no error,we will send you Buyers Assurance Plan).Extended Warranty is underwritten Our liability for Improper Thimerafions or Payments wauen explanation with in three busmen days after we finish by AMEX Assurance Company,Administrative Office,Green if a nonsinien is net completed as yes him directed or if our investigation.Upon yew ralurea we will provide you with pay'serh Coverage is Aaermined by tit terms,wrditions,sad we do not complete a lumber to or from your Bad:Account on copies ofthe documents that we used in our investigation.R exclusons o(Pohey AX0953 and is subject to change with time in the tarred amnunt,we will research and rndedtl as we have provisionally recredoad your Bank Account during the notice.This document does not supplement or replace the FDR 974943 5 CD25G64_FDR974943 p12:FDR875199 5/29/2809 6:28 PM Fagg 6 policy,Fleasc call oval tbcnnmheron back afpour TermimethmorCancellnion Current andin GondSlandingmeacua Cardmember Arecriwn Express Cod fora compidecopy nfyourkrms Coveragewiil cease outheearlust ofthefullon orip Life Account for which the monthly minimum requirement has andconditiims.ErztendedlParrantywtlle endtheternssof data you no longer maintain a permanent residence in the 50 been paid prior to the date in which the claim is payable. the original manufacturer's warranty for a period offime equal United States of America,the Dhtrict ofCoWmbia,Puerto Rica Master Policyholder means American Express Travel to the duration of the original manufacturer's warranty,rap to or the US.Nrgin Islands;1 the date we determine that you or Related Services Company,Inc. one(1)additional yew(Centurion Cardmembers up to three someone on your beh:dfimentinnall}•misrepresented or fraud Permamvt Residence means the one primary dwtiiing (3)additional Mars)onwervordms of flat(5)years or less that cccurred:3.the date t o,polity is cancell ed;4.the date you are place where the Cardmember resides and to which they in tend are eligible in the United States of Ameeka no longer a cardmember;5,the date Pon,account ceases to be Wrel. Description of Recaps, ccarertand in grad standing;or dc the date the plan is not i'Ian means the Policy and'hebenefits described therein. W here a loss has occurred du ring this plan's extended available in the location where you maintain a permanent Platinum Cardmember means a Cardmember he h.a wimsety lime period ofup to one(1)additional year residence.TefrNnnticnorcan..Eaton,ofcoverage will not Platinum Charge Card(required to be paid in full monthly),a (Centurion Carderembers up to dome(3)additional years),we Prejudice any ciaim originating prior to termination or Corporate Platinum(:aid,or a Fidehly American Express will provide a benefit equal to the coverage of the original cancellation subject to all other terms ofthe policy.The Platinum Card.Any other Card which may reference the com an has the right to cancel the Policy t any Platinum name or has Platinum colored lactic will in receive menurt pay up theactionmountcharged to you{accouns. p Y 8 pory 7 Y P We will payap to the action mount charged to your account sendingavvrftttn conceal 11111 Marty five(§5)days in advance higher coverage limits or benefits. for the product for which a loss is claimed,but not to exceed to you at your last known address.The notice will include the Policy means the Group Insurance Master Policy(AX0951 $10,000.Ifrhepmduct Am' is covered by a purchased service reason far wmtitatimt issued to American Express Travel Related Services Company, contract,this plants wended warranty time period begins at Form Numbers Tue.). the end of the service contract and extends the original EW-DOCGCCSG702/07,E14-D0CU(NG202/07,EW_ Pe,Us,Our means the Company. manvfactmera warranty for a period reftime equal to that DOC-OSMO 02707,EW D0C-0SBN202107 You,Ymumeans the Cardmember. warranty,up to one(1)additional year(Centurion Applic able for Residents of the State of A tasks Description ofBeneihs Cardmembers up to three(3)additional years}.Ifthe Form Nmnber PPIEW-RDRI-AR06107 We red!pay You the expense cl:mged to Your Account up to Combined coverage cribs original manufactuerk w•armmy $1,000 for any one Covered Incident and up to$50,000 for all xc and the purchased service contract eeed five odd ears,the Applicable for Residents in the States of A rizoua and Covered Incidents during a<akndat}'ear.Purchase Fmteation product purchased is not eligible under this plan add Indiana provides benefits,fee Merely(90)days form the date of form Numbers:EW-IND-CCSG107/07,EW-IND CCSG2 coverage applies,Extended ses or installation,reimburse for Yen pnseifa Covered Incident occurs with rexpectenefit property shipping and handling expenses orinstallation,assembl}t 07/07,EW-INII-OSBN107I07,EW-IND-OSBN20J/07 You purchased and charged to Your A4collm.Our benefit professional advice,maintenance or ether service charges.if Appficablefor Residents of flit State of Ran lucky payment will not include shipping and handling expenses or you experience more than one less in a calendar year.wesedl Form Number:PP/ElV-RDRI-KY 05107-in the installation,assembly,professional advice,maintenance or pay an mount not fo eccead$50,000 for At tossesm a Teretientienor Canmilationsectury Tbecomprmhasthe other service charges nr any product rehazes,discounts or calendaryear.Ourbenehlpa)vneuirdinotincludeany right to cancel the policy at any time by sending a wrillan money received fremlowest price comparison programs that product rebates,discounts or money received from the lowest notice at]east seventy-fve(75)days in advance to you at your reduced the original cost of the property. price comparison programs that reduud the original cost of fast known address Our,payment ofany eligible hene9t amount is further lheproperty. Applicable for Residents of the State of Oklahoma contingent upon Your Account being Current and in Good Exclusion, Fors Number:PP1EW-RDRI-OK 07107-The fohvring is Standmg- Benefrtsait net payable if the less for whicb coverage is added to your Description of Coverage:WARNING:Any Onlya Cardnembe rhas a legal and,sontabb,right to any sought nos directly or indirectly,wholly or partially, person who knowingly,and with intent to injure,defraud or insurance benefit that may he available under this Plan. corwibntedmorcausedby: l.anyphysicaldamage, deceive any insurer,makes any claim for the proceeds cyan Rxciusovas including,but not limited t0,dam age as a direct result of insurance policy containing any false,incomplete or Benefits are not payable if the loss for which coverage is natural disaster or a power surge,except to the extent the miskading information u guiltymA felony sought was directly or indirectly wholly or partially, original mannfachaers warranty cm•ers such damage;2. Applicable for Residents of the State of Oregon contributed to or caused by: mechanical failure covered under product recal L or 3.fraud or Form Number BW-RDR I.0R OSM7dn the Exclusions 1. oar or an}-ad o(war,whether declared or undeclared; abuse or illegal Activity of any kind by the cardmember secion the following is removed:3.frond or starts ]legal 2. anyaclunry directly related to and accusing relok in Purcbaaes Not Covered activity ofany kind by the cardmember; the service ofany armed military force afany nation state Thefogowinguenotcovered: I.products covered loan Applicable for Residents of the State of South Daiota recognized by the United Nations; unconditional satisfaction guarantee;2.motorized vehicles Trorm}lumber:PPIEW-RDRI-SD 05/07 3. participation inariot,civildistnrbance.,prot<si or (including,but not limited IO,passenger cars,trucks, insurrection; motorcycles,hands,airplanes)and their parts,subject to high APpBcahltfor Rtsidenteeftha Stattaf Texas 4, viohtion ofacriminal lnu;offense or lnhadinv; risle,canilrustible,wearand tear m orikage stipulations Farm Number:EW-IND-TX 07,'07 S. natural disasters,including,but not limited to, (including but not imited to batteries,carburetors,pipes. Applicable for Residents ofthes State utVarmnnt hurricanes,foods,tornados,earthquakes or any other event in boles,plate.,brakes,does.or mufflers),3.mocarized devices Form Number PPp1v-RDRI-1705107 the course ofnatme,that occurs at the same time or in separate And their parts used for agriculture,landscaping,demolition or instances; construction; motorized devices and their parts which we r r 6. Gaud or abuse or illegal activity ofany kind by the permanent additions at futures to a residmtlal in commercial Cardmember; building;S.business fixtures,including,but nat imited to,an Description ofCaremere 7, confiscation by any govtmmental authority,public oandnianers,refrigerators,heaters;6.landorbvilefunt:7. underwritten by AMEX Assurance Company, zmhodty,or custaus official; Antonin a or perishable items,S.animals or living plants:4. Administrative Office,4SO Pilgrim Way,Suite 1400,Green Bay, S. negbgent failure ofa duty to rare by any third party in morelhaaoneactideinapauorset.Cmeragewlfbelmoted WI 5,1304 whose possession the property purchased by a Cardmember to no more than dr,,.hm of any particular part or parts, Purchase Protect ion provides coverage for Your purcbasu bas here temporarily placed; unless the artides are unusable individually and camatb, for mrsety(90)days from the date ofpurclase when You 9. not being reasonably safeguarded by You; replaced individually,regardless ofany special nine[bey may charge any portion of the price ofthe purchased item to Your 10.theft from baggage not carried byhand and under Your have had aspazt cfa set nr celtectinn;id.items stilluMer Account You will be reimbursed only for the amount charged Personal supenisom or under the supervision ofa traveling installment billing;11.additional service contract or extended to Your Account (See Description ofRenefits section) companion known by You; warranty coverage for a computer,computer component or 11.damage through alteration(mduding,but at limited 23efinithew W.omit ,sawin and shti om ; pan that yen buy which Air eady comes with an original United Certain words used in this Description ofCmzrage are 12,normal wear and tear,inherent product defect or StatesofAmer i[amanvfaauru'suarranty,unlesawch capitalized throughout and have special meanings.Wherever p coverage is provided and administered by the original manufacturers defects or normal course ofpiay; y,tdttertin,ilte singular shall include the plural,the plural 13.damage or theft while under the care and control ofa manufacturer;and t2.name purchased for resaiF professional, ri shall include the singular,ueri context requires, common carrier; or commercial use(this does not apply to OPEN Account Means Your American Express Card Attvunt. 15.foodspoilage, ��n°n�- Cardmember meansaperson who has been issuedn ]$,leaving,property a[an unoccupied construction rile;or General Provisions United States ofAmeriva based iumpnetmy American Express lix items stolen from motor vehicles. Fnceaa Coveeage Catch wIdch is Current and in Good Standing,and who has Foressidents efl4aaloultmv,the first paragraph offlon Permanent Residence in the 50 United States of Ameriea,the Uany loss under this y,then t i suredundm any other section is removed and replaced wish the excluded event We coif valid and collectible polity,then dtis policy shall cover such District ofColumbia,Puer[o Rico or the llS.Virgin Islands, not pay for Into Mused by any ofthe excluded estnts described loo,sal put to its wherein,conditions,provisions and other Covered Incident means the theft of,or damage,whether behor lossmill be considered to have been caused by an terms herein,only to the extent that the mount ofsuch loss is by accident or vandalism,to any one item ofpreperty, excluded event if the occurrences of that event directly and in excess of the amount ofsuch other insurance which is Purchased worldwide as a gift or for personal or business use solelymouss in loss,ar initiates a sequence referents that msdt pa}ableor paid. andcharged to YonrACCOUnt in loss,regardless oftbe nature ofany,intermediate or final Company means AMEX Assurance Company,and its duty event in that sequence. authorized agents. FDR974943 6 ICD25664_FOR974943_pI2:FDR815199 5/29/2009 6:28 PM Page 7 Purchases Not Corned has not been furnished for reasons beyond Your control}, payment,YOU Shall hold in trust for L'S the proceeds of the The following purchases are not covered; coverage may be denied It is Your responsibility to provide all ,.,,cry and reimburse Us to the extentof Ou,payanent.If 1. travelers checks,tickets ofany kind,negotiable motanedelocurveromm Werequest. Ourpaym os,exceed the maximum amount payable under the instruments(including,butoot limited to,gift certificates,gift You may be required to send in the damaged property at benefits of this Plan,We have the right to recover from You any cards and gift thtrks},cash or its tqunralentt Your expense far further evalvaiian of YOU,claim if amount exceeding the maximum amount payable. 2. ammalsorlivingphmn'; requested You must send in the damaged property within Subrugatian 3. rureftamp,miomS; thirty(30)days(for residents OfNo,th Dakota sixty(M)days) In the event of any payment under this Policy,We shall be 4, consumable or perishable items with limited life spans from the date ofOur request to remain eligible for coverage, subrogated to the extent of such payment to all Your rights of (induding,but not limited As perfume,light bulbs,batteries); Payment of Claim recovery YOU Shall exeeule all papers required and shall do 5. a ntiquearprevinuslyoumditess; A claim tar benefitspAwAludby this Plan will be Par!upon erer}thing necessary taucureandpres<neSUfi rights, fi. motorized vzk/desxm3vvatercraft,afrccaft,and Os,R rtctlpt and etviewoLYomcompletn Proofof Cass induding theexecutron afsixh documents nectsearyta enable motorcycles or their motors,equipment,parts or xccesmriea; documentation and Our determination that a claim is payable Us to effectively bring suit or otherwise pursue subrogation and according to the terms of rho Plan. rights in Your name.You shall do nothing to prejudice such 7. stolen or damaged property consisting ofarticlzs in a Any payment made by Us in good faith pursuant to this or subrogation rights. palrors,c Covrragewill be limited to nn more than ihevahtt any other provision afthit Plan will fully discharge Us to the We shall be entitled to a recovery as stated in these of any particular part at pace,mAton the articles are hmuwble extentofsuchpayment provisions only after YOU have been fully compensated for individually and canmt he replaced individually,regardless of Luther insurance is available to You which provides the damages by an other party. any special value they may have bad as part AN a set or same or similar coverage as that provided by ibis Plan,this For residents ofLA wuma,the Right AfRecovery, cooection. Plan becomes excess and too will pay only that portion ofthe Subrogation and Excess Cownige sections are revised to Claims Provisions Covered Incident benefit which is n&reimbursed by ache, reflect If the Company makes any payment under this Polity IfYtu expert Am.loss for which YOU believe a benefit is insurance up to Our limits,as provided under the Description and the(ardmtmber has der right to recover damages fmm payable under this Plan,You must provide bath Notice of aERenefiis settion. snot her,the Company shall be subrogated to that right. Claim and Proof of Loss. General Provisions However,the Companys right to recover is subordinate to the To insure prompt pmcessfng of Your claim,report any theft Cardmember's right to be hilly compensated, or damage following the data of the Covered Change ofPermment Residenu 8 Y g TerminatinnorC.1aion Incident,including for gifts aurthaud with the Card,Retain Ifthe change is toadifferent slate,Your POlicypdawasns may be adjusted to..for.to the requirements aftkat state. Coverage will oast an the earliest afthe following, 1,the Your re.pis and Yaur damaged property(efappiremle)until date You no longer maintain a Permanent Residence in the 50 the claim process is complete. Clerical Error United States ofAmerica,the District of Columbia,Puerto Rico Native of Claim Aclerical error made by the Company will not invalidate or the U.S.Virgin Islands;2.the dale We determine that You or insurance otherwise ralufl in force nor continue insurance Notice of Claim should be provided to Uswithin thirty(30) Y someone on Your behalf intentionally murepresemed or fraud days oRhe lose.Yen may contact CS by calling to9drse not xxfdiyinfose occurred;3.the date the Policy is cancelled;4,the date You stateside 1400322-1277 m,iffrom avcrstas,by calling collect Conformity with State and Federal law we no longer a Cazdmembca;5.the date Your ACmunt ceases 1-303-273-6498.You may also write to Us at purchase IfaPlan provision does not conform to applicable In remain Current and in Good Standing;or 6.the dare the Protection,PO Box 402,Golden,C080402-0402. provisions of State or Federal law,the Plan is hereby amended Plan is not available in the location where You maintain Failure to provide Notice nfClalm within thirty(30)days to comply with such law. Permanent Residence. will not invalidate a claim err reduce any benefit payment that Entire Contrast;Representation;Change Tetrammiou or Cancellation of coverage will net prejudice maybe found to be eligible,if it can be shaven that it was This Description nfCoveregy,the Policy and any arty claim originating prior to termination or cncdlation provided as soon as reasonably possible. Al the time YOU applications,endorsements or tiders make up the entire subject to all&her terms Alike Policy. provide US with Notice of Claim,We will assist You with Your contract.Any statement You make is a representation and not The Company has the right to cancel the Policy at any time Proofof LOSS by providing You with instructions and/or awaummity.'rhis Descriptionof Covemgemay'bechangedat by sending a written notice at least forty five(45)days in documents,which You may have to complete and mtum to Us. any time by w nice agreement be live en the Matter advance to You at YOU,last known address.The notice oils ,.!}� You are required to cooperate with Us and provide Pala-yhnldsAmdthz CAmpaAy'Onlythe Prerdent,Pcz- include the reason for grecruma,u -{-�}- '(' documentation as requested by Us which h required and President or SesmunyofAMEX Assurance Company may Important.sIdiNonaIInfnrmatinu For You 'Ij' necessary to process Your claim and determine ifbenefits are change or waive the provisions of the Description of Coverage. For those eligible and eowlled in the Membership Payable. No agent conifer person may change the Description of Reward*program,benefits are also paid when the purchased For residents of Missouri,no claim will be denied based Coverage or waive any ofits terms This Description of property is received through the redemption to Membership upon Year failure to provide Hair¢within such specified time, Coverage may be changed At any lime by providing malice to Rewards redemption certificate.Payment or credit will not unless this father opecaten to prejudice the right of Us. Pan.A mpyoflhe Policy will bonewmtained and kepthyrhe exceed the original assigned value fthe propertyreaived Proofof Loss Master Policyholder and maybe examined at any time. through redemption ofa Membership Rewards redemption Proofof LOSS requires You to send Us all the information Excess Coverage certificate up to the stated limits,excluding shipping and We request,at Your expense,in order that Your claim may be Ifany loss under this Policy is insured under any ether handlingexperon.Benefits will not be paid whom evaluated and that We may make a determination az to valid and col7eelible policy,than this Policy shall curer such Membership Rewards redemption certificate has been whether the claim may be paid.Yen must pmvidc Us with loss,subject to its exclusions,conditions,Provisions and other transferred to a non-tligibleCardmemberornm- satisfactory PmofofLoss within thirty(30)days(far residents terms herein,only to the extent that the amount ofsuch loss is Cardmembtrs. of North Dakota sixty(60)days)after We have provided You in excess of the amount ofsuch other insurance which is This Description of Coverage replaces any other with instructions and/or a claim form in response to Your payableorpaid, Description of Coverage that You may have Previously received Norco,of Claim a,Your Jahn may be denied.Your Proof of for Purchasepon stlnn. Lou dotinexttation may be mailed to US at the Ammo address Fn dm request forktnehts made under the YVan is This firms of Coverage is an important provided above for mailing Your Notice ofCialm.Wereserve document.Please read it and keep it he a safe place. determined to be fraudulent,or if any fraudulent means m the right to request all the information We deem necessary to IN WITNESS WHEREOF,We have caused this Description determine that Whavert Your dcmplte Puogand We will tilth consider devices reused by You orwill anyone acwgpn Your behalf to ofCoveragerobe signed by Our cheers: qt information received complete Proofof Loss untilthe obtain benefits,ovide coveraill to forfeited. information Wthavt sequesied is received We do;hntpmvidecwerage tan faMmemht:who, e�Y'/f:�Lk'✓13v"-" Proof of Low may requiror documentation coast ffing of,but whether be:foremafttralass.kas:Leancealeelm misrepresented any fact Pon which we rely,if Jo A.Henson,President John M.Collins,Secretary not necessarily limited to,the following: Y Y concealment or misrepresentationR material and is AMEX Assurance Company AMEX ASSUrance Company 1. a eorigina somdtiontorim Form; P Y nrP Y 2. [M1e original itemized store receipp the intent Wdeceive;or 2,concealed or misrepresented any PP-DOGOSBN102/o7 3. L'vc insurance dedazation Formsfor Yom othersour<et fact if the fact misrepresented contributes to the less. Apphrabiefar Residents of the Stain of Kentucky efinsimence,"immmnity big,hici.neiserr teeters Legal Actions In the Termination or Cancellation settion it,following insurance); No legal action may be brought to recovers against this Plan i,mawed 4. aphologmph ofand/orrepairestimate for the damaged until sixty(60)days after Proofof Loss has been received by The Company has the right to cancel the Policy at any time pmperty;and Us.Nosuchactionmaybebmught aftcrthrta(3)years(for by sending a written notice at least forty five(45)days in S. for theft and vandalism dairn%a report regarding the residents ofArkansxs five(5)years and residents of Missouri advance to YOU at Year last known address.The make will stolen or vandalized property of he riled with the me(10)years)from the time written PmofofLees is required mduderhtreance far cawfiatinn, appropriate authority before You call to file a claim under Lobe given And replaced with die following: Purchase Protection. If time limit of this Plan is less than allowed by the laws of The Company has the right to cancel the Policy at any time No payment will be made on claims not substantiated in the state where YOU live,the limit is extended to meet the by sending a written notice at least seventy-five(75)days At the manner required by Us, minimum time allowed by such law. advancebYouat Ymnlastknownaddrow.Thenottcew0l Lail required documemmion is not received within thirty Rightaf Recovery in do&the reason far caredllatraw (30)days(Aw residents of North Dakota sixty(60)days)ofthe If We make a payment to You under this Plan and You PPIEW-RDRI-KY 05/07 date ofthe Covered Incident(e<cept for documentation which recover an amount from another,equal to or less than Our MR 974943 7 ' ICD25664_FDR974943 pl2:FDR815199 5/29/2009 6:28 PM Page 8 Applicable for Residents oftha StatenfOvegan Noiegal acuonmaybebrotridin recover against this Plan contrary,ffint sire Covered Person aui&red lossaflik as aresuU In the Exclusionssection the following are remmred:4, until sixty(60)days after Proof ofloss has been received by of injury covered by the Policy violation ofa criminal lmq offense or infraction;6.fraud or Us.No such action may be brought after three(3)years from Beneficiary abuse we illegal activity of any kind by the Cardnicmarn the time Proof ofLo.¢is required to be given.Vehicle are any The Basic Carderember may designate a beneficiary or The Pmnfof craw secunn is herebyremovedin its entirety dams the three Was fimefmrne does not begin to run moll change a Previously designated beeefinary,for himself., and replaced with the fohoving: after the claim has barn denyttt. herseifend his or he,spouse or domestic parNC...d Proof.f 1bas PP/EW RURI-AK 06107 dependent children who are.not Additional Cardmembers,An Prodiflnss requires YOU to send Us all the information Applicable fm Residents ofthe State of Oklahoma Additional Cardnrember may designate a beneficiary or We request,at Your expense,in order that Your claim may be The following is added to your Description of Coverage <harg"previously designated beneficiary for himael for evaluated and that I*may make a determination as to WARNING:Any person who knowingly,and with intent to hemelfand his or her spouse or domestic partner and whether the claim maybe paid Youmnstiprovide Uswith heat,¢,defraud or doveivt any insurer,makes any claim for the dependent children who at nor also the Basic Carderember, satisfactory ProofofLoss within ninety(90)days after We have proceeds of an insurance policy containing any false, the Basic Cardmembers spouse or domestic partner or provided You with instructions and/or a claim form in incomplete or misleading Information is guilty ofa felony. cliffregor Additional Cardmembus.Ifnobtneficiaryk response to Your Notice of Claim or Your claim may be denied. PP/EW-RDRI-OK07107 designated benefits will be paid to the surviving person or Your Proofof Loss documentation may be mailed m Us at she The foltowing to.numbers are applicable to residents in equally to the surviving persons In the first of the following same address provided above for mailing YOU,notice ofClahn. theEBOVdngstang, classes:spouse or damcxtic partner,clandxen.equaflyper We reserve the right to request all the information We deem Arizonasndlndiona,Form Numbers:PP4ND-CC.SGI stirpes;and the estate. necessary to determine that Your claim is payable,and'Ae will 07/07,PP-IND CCSG207/07,PP-IND-OSBN107/07,PP-IND. Exclusions not consider that We have received complete ProofofLoss OSBN207107 The Policy contains lhefeBowing exclusions: mtit the Information We have requestedisrecieved. Texas,Form Number:PP IND-TX 07[07 .suiddeor self-destruction or any attempt thereat,white Proof of Lass may require documentation consisting of,but sane ar horme;on.now at IF at]N.Routd injury,suiew ear any not necessarily limited to,the following ).Purchase r. atwunpuhecat,whilesane Protection Claim Form;2 the original itemized store r, P% .war or any act of war whether declared or undeclared; 3.the insurance declaration forms for Your other sources of Tmvel.Accident Insurance 6 underwritten by AMEX however,any act committed by.agent ofanygoveromcte. insurance or Indemnity(eX,homeowners or renter's ,kammnce Company,Administrative Office,Green Bay,WI. part$or tacit.n engaged in war,hostilities,or other warlike Insurance);4,a plearRoph ofandlor repair estimate far the Coverage is determined by the terms,conditions,and operations provided such agent is aemig secretly and norm damaged property;and S.or theft and vandalism claims,a exchrowts of Policy AX0948 and Lssubject to change wish connection with any operation ofarmed forces(whether report regarding the stolen or vandalized property must be notiertoyita Thisdocumenl does not supplement orreplace military•,naval or air forces)in the country where the injury filed with the appropriate authority before YOU Call to file a the Policy.Please call us at the number at 1-400-437-9209 occurs sbailrmt be deemed an act of. daim under Purchase Protectio, for a complete copy of your terms and conditions or ifpou .injury towhich a mnL'ibutory cause was the commission No payment will be made an claims rest substantiated in needtofileactaim. of on attempt to commit an illegal out by or an behatfofthe the mmurer required by U. Travel Accident Insurance provides accidental death and Covered Person orh¢7her hcncficiaries Ifall required documentation is not received within ninety dismemberment insurance while traveling on a Common .injury received whilesining as an operator or crew (90)days of the date of the Covered Incident(except for Carrier Conveyance(plane,train,helicopter,ship,or bus) member ofouy conveyance documentation which has not been furnished for reasons when the entire fare has been charged to the Card.As a benefit .injury received while driving,riding as a passenger in, beyond Your<onfrop,comp¢may be denied.It is Your of Cardenember6hip,the Grimed Person will receive a benefit boarding or alighting from a rental vehicle respm+sPoiltry to provide a6 required documentation We heavy of coverage depending nn the type of American Express .injury received during ar as a result ofcommutziion request Card account in which the ensue fare for the Common Carrier .sickness,physical or mental infirmity,pregnancy,or any You may be required to send in the damaged property at Conveyancemschargedfm(hecoveredtrip.Covered Persons medical or surgical treatment for such conditions,unless Your expense for fartherevaluation of Your claim.If include the basic(ardmember,each additional Cardexember, treatment ofthe condition is required as the direct result of an requested.You must send in the damaged property,within and each of these Cardmembers spouses or domestic partners injury. mrsehv(90)days from the date of Our request to remain eligible and dependentgoldren under 23 years afage.ABCovercd Tvixematimear Cievella ms, foreovaagt Persons must hoar.permanent residence within the 50 Lrnited Coverage under the PUlit}'will cease on the caziies[of the PP-RDRI-OR05/07 States of American or the District of Columbia All other (oil Cover: Applicable for Residents ofthe State mg math Daknta persons am not Covered Persons under the Policy. PP .the date the Covered Person no longer maintains a The al Actions section is hereby removed in its entire) The capitalized terms used bseem shall have the meaning Legal Y Y permanent residence in the 50 United Staten oF America or the and replaced with thefoBmvirg: assigned to such terms in the Palicp.Please note that ce-rain District afCulumbia termsmnn ti s!he this summary are defined within the full 4gat Actions policy document. •the date a determine that IheCmered Person or No legal action maybe brought es recover against this Plan someone en the Covered occurred behalfintentionally until sisty(60)days after Proulbfluss has been received by Uurriplion ofBencfis misrepresented or(rand pc4urred Us.No such action may be brought after six(6)years from the Accidental Death and Accidental Dismemberment The .the date the policy is cancelled time Towfof Loss is required to be given. Plan presides coverage far ocedental death and the date the basic Cardmembers account ceases to remain PP/EW-RDRI-065107 dismemberment due an a lass man—,.jury while coverage is current and in good standing Applicable for Residents of the Stain efVermont in force under the Policy,but only ifsuch loss occurs within .the date the Plan is not available in the location where the 100 days after the date ofthe accident which caused the injury. Covered Per son maintains a permanent residence. In the Termination or Cancellation section the following Ifmore than one lass is sustained,benefits will he paid for the Tire Company has the right to cancel the Policy at any time is removed: greatest I.M. by The Company has the right to cancel the Policy at any time advance Car notice nowntfortyss.The)days wr by sending a van turn notice at least forty five(45)day,m Benefits are ifte 1 atmrdingtathefollowingsfiedole a elude reason for at}'ton last known us.The notiwwill advance to YouatYour last olovn address.The nMicewill •f°ss.(laic 1009'' include lhNumbers:TAnDOCi3/ include the reason for cancellation. •Loss ofbotb hands or both feet-100% Form Numbers:TAI-DOC 03/07 And replaced with the followng: •less of one hand oil one foot-100% Forms in addition to those listed above are also The Company has the right to cancel the Policy bysending •Loss of entire sight ofhoth eyes-100% applicable to residents in the following states a written naive at least forty live 45)days in advance to Fau at 'Lacs of entire sight of one eye and one hand ire one foot- Connecting,Form Number:TAI-RDRI-CT 03107 Yovrforglem meddress.The notice will mcludethe reason I06% Dlinou,Pare Number:TAI-RORt-IL03/07 for cancellation. •toss ofan¢hand or one foot-50% Kansas,Porto Number TAI-RDRl-KS 03107 PP/EW-RORI-yp OSI07 •Lossafth,catiresightofoneeye-50%.. Maine Form NnrelampAI-RDRI-ME03107 Common Carrier Benefit.This benefit is payable if the Mimesota,F.,m Number:TAI-RDRI-MN03/07.India Applicable for Residents of the State ofAlaakn Covered Person sustains a atdemal death or dismemberment Erchowns section the following replaces the indusem The opening paragraph in the Exclusion section is u is rcmh of an accidentwGda occurs while ridmilsolely as a regarding illegal acts:injury in which a contributory cause was removed in its entirety and replaced with the fallowing which passenger in,or bearding,or alighting from,or being truck by the commission of or attempt to commit a felony by or on is added and made part ofthe Description of Coverage: a Common Gutter Conveyance an a covered trip. behalf ofthe Covered Person or his beneficiaries. These exclusions do not apply if the dominate cause of a Expmereand Disappmnnce,Iftbe Covered Personis Nevada,Farm Number:TAI-RDRI-Mr 03107.In the loss is a risk or peril that is not otherwise excluded.Benefits unavoidably exposed to the elements because ofan accident on Teamossin and Cancellation section the forty five(45)day are not payable if the how for which evensige is sought was acavrreit imp which relays in the disappearance,sinking or advance written native is replaced by it sixty(60)day advance directly or indirectly;wholly or partially,contributed to or wracking of the common carrier conveyance,and if as a resuh written notice. caused by: ofsueh exposure.the Covered Person suffers a loss for which New York Form Number TAI RDRLNY 03107.Covered The Legal Actions section is hereby removed in its entirety benefits are otherwise payable under the policy,such loss will -Persons does not include language requiring a permanent and replaced with the following which isadded and made part be covered under the Policy:if the Covered Person's body has residence within the 50 United States ofAmerican or the Of the Description of Coverage: nor been found within 52 weeks after,the date of such accident, Districtaf£olurubm The tbIlowhgicp'sated the exchuions Legal Actions it will be presumed,satyect to there being no act&nee to life Found in the Exdvsfor section: FDR 974943 8 4— CD25664_FDR975943 p32:FDRe15199 5/29/2009 6:26 FM Page 9 - suicide,attempted suicide or intentionally self-inflicted 4. You maintain your Permanent Residencewitltin the 50 What Excess Coverage Means injury United States of America,the District of Columbia,Puerto Rico Car Rental Loss and Damage Insurance is an excess •war or any ad ofoom whether declared or undeclared: or the U.S.Virgin Islands, insurance plan and is only mailable for Rental Autos rented in participalims in a felony,dot or insurrection;service in the Permanent Residence means the Covered Person's one the US.,its territories and presessures.This means that this Actual Forces ar units auxiliary'thereto primary dwelling place where the Covered Yemen permanently latest average,will reimburse the Cardmember only for -injury in which a contributing cause was the Covered resides and intends to remrn, hezinufexpenses not covered by plans,such as,is P.O.] Person's commission ofor attempt to commit a felony or to Commend.]Car Rental Company or Car Rental collision damage waiver,any personal auto insurance, which a contributing cause was the Covered Proton's being Company means any commercial car rental agency which employer's auto insurance or reimbursemcnl plan or other engaged in an illegal occupation renn Rental Autos'For the purposes ofthis Description of sources of insurance When these other plans apply}. •sidaess,except for an infection that was the rental clan Coverage,Commerdal Car Rental companymadns°Rental Cardmember mua fuss seek payment or reimbursement and injury Company." receive a d cedeisame,based on the stared terms oyarb mental or emotional disorder How to Activate Coverage other Plans,that any such Plans do not provide coverage before •pregnancy,except complications ofpregnaney and except Coverage for theft of on damage to a Rental Auto is this excess coverage will reimburse the Cat dm ember. to the extent coverage is required pursuant to Section 3221 of activated when the Card larldo r:3 Vehicles Not Covered the New York beemance Law 1. presents his or her eligible Card to the Renal Company Car Remai Lmsand Damagelnsurmadaesnotcover •the consequence of the Covered Person's being to reserve the Rental An us by making a reservation;or by verodsof mioxicaied or under the en flu time ofan,narcotic unless placing a hold or deposit at the time the Rental Auto is checked 1. expensive cars,which means cars w'ithem original administered on the advice ofa physician. out; manufacturers suggested retail price of$50,000 or more when In the Termination and Cancellation section the following 2. declines the full Collision Damage Waiver or similar new; is removed or its entirety:the date the Covered Person no option(CLRY),cr pays for a partial collision damage waiver, 2. enuic cars regardless.£year or value,including but not )eager maintains a permanent resident.use the 50 United offered by the permit Company; gated to Chevrolet Corvette,Dome Supra,Mazda RX-7, States nfAawdva or the DistrictafCollmd., 3, is theprimarymut,ywhicritdefnedzthe Dodge Viper and Stealth,Plymouth Prowler,Mitsubishi 3000 In the Termination and Cancellation section the following Cardmember.who is gamed on the wriumt agreement with the GT,Nissan 300 ZX,Jaguar NIS,Acura NSX,Mercedes SL,SLR, replaces the language regarding misrepresentation or fraud: Rental Company as the person renting and taking control and S Coupe and E320 Couptand Convertible,BMW 2,13,Z3 and the date we determine that the Covered Person ar someone nn possession of the Rental Auto("Primary Renter);a ad Series,Cadillac Allanto All Porsche,Ferrari,Lamborghim, the Covered Penned behalf intentionally misrepresented or 4. uses the Card to pay forth,entire auto rental fmm the 112sera6,Alone Martin,Loses,Butiene Vectm,Shelby Cobra, traud occurred in ass�mon instrument signed by'the Covered Rental Company al the time ofvehicle return. Bentley,Rolls Royce; person. Covemgecominues in effect while the Cardmember 3. trucks,pick-ups,cargo vans,custom vans; North Carolina,Porte Number:TAI-RDRI-NC 03/07 remains in control and possession ofthe Rental Anto.A 4. full-sized vans,including but not limited to Ford Oklahoma,Form Number:TAI-RDRI-OR 03107.In the Cardmembet who is physically challenged and unable to Bcrachne or Club Wagon,C,h,vy Van or Sporuao,GMC Exclusions section the following replaces the exclusion operate the Rental Auto,may be the Primary Renter a hefsheu Vietnam and Rally,Dodge]tam Vans and Ram Wagon; regarding war:war or act ofwu,declared ar undeclared,while the Coomesn'oer entddng into the renal usexartan 5. vehidesashich have been cvslomized or anxi6ed from serving n the military service Aran'accoloa unit attached g 8' Y fY the manufac[mer's factory specifiution5 except for driver's thereto. When erageage Taft of or Texaz,form Number:TAI-RDRI-TX 03/07.Covered Covemgefor iheh o(or damage to the Rental Auto assistance equipment for the physically challenged; Persons include dependent children under 25 ears cage tdrmmatto when: 6. vehicles used(or hire or commercial purposes; P Y g 7. mini vans used for commercial hire; aresr hildren;ad fedora to Am lobe ad tad i the Remai Cnmpan}'rcwmesmntrol of theRrniat themac } Auto,ar3t}<onucutivedaps after the Rental Auto was checked NyspecissengdrMini-Para(of pa e?,ge -orries, pith Cam ember for Lire purposes at Time the cpendent on out,whichever is earlier or facluding butts limited to Dodge Caravan, Plymouth the Cardmembmde taxphysiesy the mentally s Forliodutnotd Nissan Dodge Caravan,Plymouth Voyager, for coverage made;and physically or menlaR�handica handicapped 2, theluliryucancelled. g PY Y } Fp personal or business we or Quest are covered when rentedfar children W}iq are unmarried,cannot If support themselves, Length of Coverage personal or business use unl}�. and are beyond ihetermircuum age. Car Rental Less and Damage Insurance covers eligible S. antique cars,»hick means cans that are 20}'tats old or _(tl Vermont,Form Number TAI-RDRI-VT 03107.In the Rental Autos wirer rented under a women am is]agreement have owl been manufactured for 10 or mote fears; l,l7J Exclusions section the following replaces the sediment from a Rental Company for no more than 30 consecutive days. 9, limousines; regarding suicide:suicide or Self-destruction or anyattempt Note:Irmo event shall coverage be provided when the 10.AdLsized sport utility vehicles including but not imited thereat,while sane;intentionally self-inflicted injury,suicide Cardmemba rents a Rental Auto beyond 30 commulive days to Chevrolet/GMC Suburban,Tahoe and Yukon,Ford or any attempt thereat while sane.In the Exclusions section from the same Rental Comport};regardlessofwhetherthe Eupeditiom Lincoln Navigator,Toyota Land Canine;Jesus the hellowing replaces the exabdon regarding specific origardagnicarnu is extended,ova new wlosto agrc^msu is 1X450,Range Rover m full-sized Ford Brmtc% conditions:sickness,physical infderty,pregnancy,or any entered into,or a nett ectudeu anted. 11.sport/utihty vehicles when driven"off-road",and medical or surgical treatment for such conditions.unless Additionally,no coverage will be provided when the Note:Compact spurt/uti lity vehicles,including but not treatment of the condition is required as the direct result ofan Primary Renter rents a Rental Auto for more than 30 limited to Ford&Piercekep Grand Cherokee,Nissan injury consecutive dayscat ofa 45 day period within the same Pathfinder Toyota Four Rmmcr,Chevm7eBlaaerand buzu geographic markettlocation(75 mile radius), frugav-and Rodeo sova:erdd when Adam on paved mats. Rental r i Damage WhCar Covered 12.oH-ma,numarizedcar motorcycles,ms,trod .Add any Car Rental Loss and Damage for damages or ofa a other golf ohichis of carts,campers.trailers and any Cazdmemher(or payments for damage to qr theft ofa Rental other vehicle whichunota Rental Auto. Descri tion of Cove a Auto that the Cardermber is required to make,up to the loser p rag Losses Nm(al Laos Cars,CerdndamedlYmnagelusurancf provides the of(1)the Bank ral loran sateRentaleor. ation Caesused by corsndzoned tosurance dotsno[tovtr BusinasCazdmember,i°Catdmember'�iEtUe Cardmemberi5 who2etak Rook xahre minus salvage arsd deiredaiion coos,ac (asses caastd tryor<ontrihukd lobo^ the primary defmid below with insurance coverage (3)the purchase invoice price of the Rental Auto in.,salvage p n y ) g 1. obdixiofthe eRentalmp ny agreement terms for damage to or theft o(mnsl Rental Auras when the and depredation costs.The coverage also reimburses the and wndidons of the Renal Company agreement(including Cardmember uses the Card(as described below)to charge and Cardmembar for reasonable charges(those charges incurred at but at tormod to losses occurring when:aperson not pay(or an auto moral from any Commecdi Car Rental the eleven facility that are into a]and cutioraryin the vicinity permiued W operate the vehicle pursuant to terms of the rental Company('Renta7 Company"}within the geographic scope of in which the has or disablement took place)imposed by Use agreement was in possession or metro]of the vehidd or, the United Slates,in territories and possessious.'Thiscmemge Rental Company,,such as towing or storage and Loss of Use. driving the vehicle outside of the authorized rental territory); is excess insurance. Loss of Use means the unavailability afa Rental Auto and 2, leasdimmini-leasedvehides; Rental Auto,means a Lour-wheeled,two-axle passenger consequent loss ofrevenue by the Renal Company due to 3. cosLsatt,,b.tedmtht Commercial Cu Rental type motor vehicle,designed for and sold to accommodate damage or theft Useless otherwise required by law,the Rental Company's normal curse of doing busindoo private passenger transport on public ro ads. Company must suhem.pull utilisation log masoning,and 4, intentional damage; during such time 5. Illegal activity, As losses where the Rental Auto was Who is we eligible Coverage r vuy, 1, no other Renlal.AUlo was a viable;and used fpr,ax involved m illegal activity or felony; You meelie.B.o .,Amge lf: 2. there was a demand for a Rental Auto. ty } 1. Youueae Card Additional Card massocation 6. prehoinumeonditlans the pact oche dri Car Rental Lass and Damage humanize cavern no other 7, alcohol intoxication on the pact of the drivegaz defined American Express`Card or Optima'Card in association with P that Card(the°Card")hm been issued to you in gavrname; Type ofioss.For example in the event o(a collision inmiving in the state wheretce Accident reduced, theGazdmember's Rental9uto,damage to anyotherdrivurs e. sgivatar' Makin an 2. 1tal Loss Damage Insurance as abaafitof led lY g }'dwgortaken as prescribed Car Rental Lnasand Damage Insurance asabenefit of canon the injuryafanyoneotiroodde lib my covered. a,anyo adminisinfluence red offect y.Dacm drug(unless taken as presabed nr Cardmemberxhip(`Cardmember"); Nola:This polirydaes not provide liability or any other administered boa Doctor); coverage such as Uninsured Motorist,benefits under any 9. wamanarliot adivi ; 3. Your Ci rd account is billed from all.S.operating center Worker's Cnm ncluen law,Durbila bane tslavernow, ty Or AS.dollars.and Pe Y 10.radioactivity;ser >nmedattd Govumment Ptams. li.eanFscatinnbY authority; 12.wear and tear,including gradual deterioration; FDR 974943 9 CD25664 FDR974943_pl2:FDR815199 5/29/2009 6:28 PM Page 10 13.damage which is due and confined to freezing, documentation which has Pat been furnished for reasons 4. Does not apply to Newyork State residents. mechanical or electrical breakdown a failure unless such beyond the Cardmember's control),coverage may be denied. Description of Coverage Rider for Policy AX0925 damage results from a theft covered by the Policy; 11mv BCrufitsxre Paid 14.failure tomtum Lots to the Rental Company when the AE Car Rental LOSS and Damage Insurance payments Applicable for OXEN and OSBN Platinum Cardmembers vehicle is stolen; reimbursable under the policy are payable to the Cardmemfier, Additional Information for OSBN and OSBN Platinum 15.theft or damage to unsecured veludes; except that payment may be made,at the discretion of the Cardmembers 16.theft of.,damage to tims(fiaB or blowouts),unless Insure,jointly to the Cardmember and the Commercial Car Under Vehicles Not Covered,item number 3.is replaced damaged by tire mischief,vandalism,or stolen, Rental Company when the Car Rental Company has not been with the following: unless the loss is coincident with and from the same cause as reimbursed for the covered loss or damage,or the Car Rent al Loss and Damage Insurance does not cover other loss covered by the Policy;and Cardmember has not validlyassigned bislber payments to the rentals of. 17.off-road operation ofthe vehicle. Rental Company or any other party 3. carg.vanscustom corns; Car Rental LOSS and Damage Insurance does not cover,and Note:Benefits will not be paid if on the date oflow on the In A oth er respects,the provisions and conditions of the benefits will not be paid far: date ofelsimfiling,or on the date ofpotential claim payment. Description of Coverage remain the same. I. sales tax related to repair of damages,unless any amountdue on Your Cardaccount upostdue or Your Card CRLDI-RDR111105 reimbursement ofsuch sales tax is required by law; is cancelled,' Additional ln(ormelinn for Resident.,of Louisiana 2. damage to any vehicle other than the Rental Amo; 3. damage to any property other than the Rental Auto, Righi of Ra.gy The Rights Of Rewve,y ectianisreplacedMththe owners property,or items not permanently attached to the In the event fa payment under this Policy,the Insurer u fallmving: Rental Auto; entitled t.all the rights of recovery that the Cardmember to lithe Company makes any payment under this Policy and 4. the injury ofesmare or anything; ,h..pay.e.t,, smade.h.ggint.n.ther That the Cardmember has the right to re cover damages from S. expenses assumed,waived or paid for by the Rental Cardmember most sign and deliver to the Lancer any legal another,the Company shall he subregated to that right Company or its insurer; papers relating to that recovery,do whatever else is necessary However,the Company's right to recover is subordinate to the 6. expenses covered by the Cardmember's personal auto ;.helpt helps urerex erclsetho.Oghtsanddonothingafter Cardmembers right to be Cully compensated. the insurer,employer or employees insurer, loss m harm or authorized drivers Insurers ri g hts. CRLDI-RDR]-LA 11105 insure, When aCardmemberor Commercial Car Renal Company Additional Information for Residents of South LSakola 7. value added tax or similar tax,unless reimbursement of has been paid damages under Policy,No.AX0925,and also Under Losses Net Covered,item number 5.is replaced such tax is required by law; recovers from snot her,the amount recovered from the other with the following: 8. diminishment ofxalue; shall be held by that Cardmember or Commercial Car Rental Car Rental Loss and Damage Insurance does not corer 9. any Rental Auto used(.r hire car commercial purposes; Company in trust far the Insurer and reimbursed to the extent losses caused by or contributed to by: and of the Insurer's payment, 5. violation of criminal law,orcommBsion ofa uiminal 10.depreciation,unless reimbursement for depredation is As a condition precedent to coverage,the Cardmember is act,whether tiled or charged; wquiredbylaw. required,and has a duty m fully cooperate with the Insurer in Under Lasses Not Covered,item number 7.is replaced Haw in File a Claim any investigumn.subrogation matters or legal proceedings by with the following: Notification of damage,including vandalism,lhefl,orm providing copies ofany and all legal notices and any and all Car Rental foss and Damage Insurance does not cover statements,inducting swam statements and contributing any losses caused by or contributed to by; accident must be reported to the appropriate law enforcement 'other papers and documents to reasonably assist in the 7. consumption of alcohol at or in excess of the legal blood agency as soon as reasonably possible.This requirement disposition of the legal motor alcohol level for a felony conviction in the state or locality in applies regardless ofwhether the Rental Auto is involved with which the Accident occurred; other vehicles.Failure to not ify may result in denial ofbenefils. Notification of Legal Action Ila loss occurs,a Cardmember should promptly notify the When a Cardmember is served with suit and/or summons CRLDI-RDRl-SD 11105 Car Rental Loss and Damage Claims Unit toll free at(800)338- Papers relating to a Car Rental Loss and Damage claim,the Additional Information for Rc,idems OfVcrm..t 1670 in the U.S.ordy or call(440)91 4-2950 from other Cardrnemhcr must said fy(see address and phone number Under Losses Not Covered,the following item is hereby locations worldwide.If the failure no Cardmember to under CAaims Notice section)and provide copies of the suit or removed: promptly report a loss prejudices the rights of the Insurer,the summons papers to the Car Rental Loss and Damage claims 7. alcohol intoxication on the part of the driver as defined claim may be denied, unit within 15 days ofwhen the Cardmember is served.Failure in the stale where the Accident occurred; A representative will answer any questions a Cardmember to comp ly may result in denial ofbenefils. CRLDI-RDRJ-VT II/05 may have and will send the Cardmember a damn form with Additional Information for YOU Additional Infatuations for Residents mWisconsin instructions.Complete and sign the claim form.Witten Proof This coverage is underwritten by AMEX Assurance Under Losses Not Covered,the following items are hereby .floss,which includes the claim farm and all other requested Company(1mainr")through insurance Policy AX0925(the removed: documentation(fisted below),most be received within 60 days "Policy")issued to American Express Travel Related Services 5. illegal activity,such as losses where the Rental Auto was fall.vin gthedateofthedamag eoriheNby:American Express Company,Inc.and its participating subsidiaries,affiliates and usadfon or involved in ulegal activity or felony; Car Rental foss and Damage Claims Unit,P.O.Ron,94729, licensees.The Policy may be changed or terminated. 7. alcohol intoxicatlonon the parteftheefineq as defined Cleveland,Ohio 44101-4729.If the proolofloss and other This Description of Coverage is an important document. in the state where the.Aceidenl occurred; documentation is not received with in 60 days of the date of Please keep it in asafe place.Although it describes the present 8. voluntardytaltinganydrugoractingmderthe loss,coverage may he denied. farm ofinsurance as it exists at the time of printing,this influence or effect of that drug(unless taken as prescribed or Requtred documentation may consist of,but is not limited document is not the Policy or contract ofinscance_The administered bya Doctor); to benefits described in this document are subject to all ofthe Under Loss es Not Covered,the following item is added: 1. our signed and completed claim form; terms,conditions and exclusions of the Policy issued by the 18.the use ofthe Rental Auto for unlawful purposes,or for 2. anitsormilmlombill; underwriter.This document eplaces any prior Description of transportation ofliqu.r in violation oflaw or while the driver 3. a copyofcharge slip for the rental.Cthe Rental Awn, Coverage under the Policy which may have been burnished to is under the influence of an intoxicant or a controlled Rental Auto contract or machine-genemted receipt to show the Cardmemben substance or controlled substance analog,or a combination rental was charged and paid for with an American Express �`pA� n,� thereof,or under the influence of any other drug to a degree Card; 114-Q � V ".leJ- which renders him or her incapable ofsafely driving,or under 4, a police report(ifapplicable); `�1�'° s� the combined influence efan incouscnt and any other drug to 5. photos of the damaged vehicle,ifavailable; lay A.Hanson,President John M.Collins Secretary a degree which renders him or her incapable of safely driving, 6. a copy of the Cardmembers,authorized driver's or AMEX Assurance Company AMEX Assurance Company or any use of the motor vehicle in a reckless manner. employer's auto mourana coverage,or a notarized letter CRLDI-DOC-OSBN 11/05 CRLDI-RDRI-WI 11/05 stating no insurance; 1. Farthoseetrgibkandemolledin Membership Rewards,ifa Additional lnfamration for Residents of West Virginia 7. acopy.fxll claim docomentsand correspondence, Membership Rewards redemption ceniestes used,coverage is Under How Renefita are Paid,the Footnote,to the note provided by the Car Rental Company; provided only to Rental Autos rented in the United States. that reads: 8. acopy of the Rental Company's utilization log 2. When used in conjunction with aMembership Re wards Note:Benefits will not 6e paid if,on the date alms,on the 9. acopyofthedriver'slicenseofthe Cardmemberand/or redemption certificate,thaparticipating Car Rental Companies date ofdaimfihng,or on the date ofpotential claim payment, authorired driven unless the drivers license number shows on am limited m Hertz,National of Budget. any amount due on Your Card account'sprit due or Your Card the rental agreement; 3. Ifelfgibleandevolled in Membership Rewards,coverage's is mrualled is hereby revised to read asfollowr 10.a copy of the written rental agreement,front and back, also activated when the Cardmembor(1)presents a Membership Does not applyto West Mirginia and New York State which documents when the Rental Auto was checked out and Rewards redemption certificate and(2)uses a Membership Rewards redemption ecru rate ata actin afl erci n Commal residents. checked m;and CarRental Company Important note or those enrolled in CRLDI-RDRI-WV II 105 11.information pertaining to other available insurance R ds p f Additional Information for Residents of North Carolina covmage(s). Membership Rewards:AMembnship Rewards redemption Cardmember cooperation with issues related to their cernfitate can only be redeemed by eligible Cardmembers. A portion of the fees associated with this Card are applied benefits is required.B all required documentation is not Benefits will not bepaid when a Membership Rewards to the insurance benefit. received within 180 days ofthe date mires(except for redemption certificate has been maniferred to noneligible CRLDI-RDRI-NC II/05 Cardmembers andle, co-Cardmembers. FDR 974943 10 ' CD25664 FDR974943_p12:FDR815199 5/29/2009 6:28 PM Page 1 The following form mmvibers areapplicable to residents in aggregate maximum limit for all Covered Persons per covered Termination or Carnalholon the following stairs: trip. Coverage will cease on the earliest of the following:the date Arizona and Indiana,Form Numbers:CRLDI-IND-CCSG Carry-on Baggage Benefit:We will pay a benefit for the you no longer maintain a permanent residence in the 50 11/05;CRLDI-IND-OSBN 13 105;CRLDI-IND-PLAT 11105; replacement cost,up to$1,250.for each Covered Person on a United States ofAmerica,or the District of Columbia;the date CRLDI-IND-CEN 11105;CRLDI-IND-OSBN-PLAT 11105; covered trip for loss efrarry-on baggage.A Covered Person is we determine that you or someone on your behalf intentionally CRLDI-IND-Endl 10108 eligible for this benefit if the loss occurs while the Covered misrepresented or fraud occurred;the date the Policy or any Terox Form Numbers:CRLDI-IND-CCSG-TX11105; Person is upon a common carrier's terminal premises benefit under the Policy is cancelled;the date you terminate CRLDI-IND-OSBN-TX 11105;CRLDI-IND-PLAT TX 11105; designated for passenger use,but only when the Covered your account and are no longer a cardmember or your account CRLDI-IND CEN-TX 11/05;CRLDI-IND-CON-PLAT-TX Person is upon such premises immediately before boarding or is cancelled by American Express;the date your account ceases 11/05. immediately after a lighting from a common rrer to remain current and in good standing;or the date the plan is The following is added to the policy:This policy only conveyance or while riding solely as a passenger in or boarding not mailable in the location where you maintain a permanent provides coverage ifyou decline the full Collision Damage or alighting from a common carrier conveyance while on a residence. Termination or Cancellation of coverage will not Waiver offered by the Beer.]Company.This policy is not covered trip. prejudice anyclaim originating prior to termination or automobile liability insurance and does not comply with any Checked Baggage Benefit:We will pay a benefit for the cancellation subject to all other terms of the Policy.We have financialrespersibilitylaw.Your personalautomobile replacement cost,up to$500,for each Covered Person on a the right o cancel the Policy at any time by sending a written insurance policy may or may not provide coverage for your covered trip for loss otchecked baggage.(Bicycles are covered notice at leas"ixty(60)days in advance to you at your last responsibility for the loss ofor damage to a rented vehicle when checked as baggage with a common carrier conveyanu.) known address.The notice will include the reason for during the rental term.Before deciding whether to purchase a high-risk Items Benefit 074 will pay a maximum benefit cancellation. damage waiver,you may wish to determine whether your of$250.for each Covered Person on a covered trip far loss of Form Numbers:BIP-DOC 07/07,BIP-DOC-PLAT 07107 automobile insurance policy provides you coverage for rental high risk items.High-risk items include,but are not limited to: Forms in addition to those listed above are also vehicle damage or loss.If you file a chum under your personal jewelry;sporting equipment;photographic or electronic applicable to residents in the following states: automobile insurance policy,your insurance company may equipment;and computers and audiolvisual equipment- Alaska,Form Number:BIP-RDRI-AK 07/07 choose to no renew your policy at your renewal date,but may Common Carrier Conveyance Benefit:We will pay a Kansas,Form Number:BIP-RDRI-KS 07107 do so only ifyou are at fault for the claim, benefit for the replacement cost,up to$1,250,for each Covered Kentucky,Form Number:BIP-RDRI-KY07/07.The A Termination and Cancellation section is added: Person on a covered trip,when a common carrier conveyance Termination or Cancellation section is revised to send Coverage will cease on the earliest of the following-tbedate ticketis purchased in advance ofa covered(rip,for loss to written notice fcancellation at least seventy-five(75)day%in you no longer maintain a permanent residence in the 50 baggage while the Covered Person is riding solely as a aduanceto you at your last known address.The notice will United Stales ofAmerica or the District of Columbia;the date passenger on a common carrier conveyance when going include the reason for cancellation. we determine that you or someone on your bebalfin tentionally directly to a common carriers terminal for the purpose of Loufsfanz,Porrri Number.BIP-RDRI-LA07/07.The misrepresented or fraud occurred;the date we cancel the boarding a common carrier conveyance or when leaving from definition of Domestic Partner and all references to Domestic Policy;the date you are no longer a Carderembeq or the date .common rarrier's terminal directly after alighting from a Partner are removed from the Description of Coverage. the Policy is not available in the location where you maintain a common carrier conveyance. Maryland,Form Number:BIP-RDRI-MD 07/07 Permanent Residence. Ifthe Pohcyiscancelled,mmUsend Platinum Cardmembers Carry-on and Checked Baggage New York,FmmNumbee BIP-RDRI-NY07107 written notice at least only five(45)days in advance.We may Benefit:We will pay a benefit for the replacement cost of Oklahoma,Fove Number.BIP-RDRI-OK07/07.The not cancel or non-renew this Policy based solely on the fact carry on baggage up to a maximum of$3,000 for each Covered folloving is added to the Description ofConaige.WARNING: that you are an elected official. Person on a Covered Trip.We will pay a benefit for the Any person who knowingly,and with intent to injure,defraud ' replacement cast ofchecked Baggage up to a maximum of or deceive any insurer,makes any claim for the proceeds rum $2,000 for each Covered Person on a Covered Trip.Do insurance policy containing any false,incomplete or Ba,ga,e Covered Persons loss on a covered trip includes he misleading information is guilty ofa felony. replacement cost for both carry-on and checked baggage,the Vermont,Form brother:BIP-RDRI-VT 07107 The Amerime Express Card Baggage Insurance Plan is benefit under this plan is limited to a combined total ofS3,060. Washington,Form Number:RIP-RDRI-IVA 07/07 undermine.by AMEX Assurance Company,Administrative For New York State residents:Wewillpsyabenefitforthe Wisconsin,Form Number:BIP-RDRI-Wq 07107 Office,Green Bap Wt.Coverage is determined by the terms, replacement cost ofcarry on baggage up to a maximum of The following form numbers are applicable to residents conditions,and exclusions ofPohcy.AX0400 or Policy RIP IND $2,000 for each Covered Person on a covered trip. The$10,000 m the following states: and is subject to change with notice to you.This document aggregate maximum limit for all Covered Person per covered Arizona,Indiana and Terri,Form Numbers:BIP-IND does not supplement or replace the Policy.Please tall us at trip also applies. 07/67,BIP-IND-PLAT 07107 the number on the back ofyour American Express Card for Platform Cardmembers Common Carrier Conveyance a complete copy ofyour terms and conditions. Benefit:WewBlpayabenefit for the repluxmentcosq up to The American Express Card Baggage Insurance Plan $3,000,for each Covered Person on a covered trip,when a provides benefits for a Covered Person's damaged,stolen or lost Common Carrier Conveyance ticket is purchased in advance of baggage,whether checked or carry-on,when the entire fare for aremnedtrip. For New York Stxteresidems:WemBpaya common carrier conveyance tickets are purchased and charged benefit for the replacement cost,up to$2.000,for each Covered to your eligible American Express Card account. Person on a covered trip,when a common carrier conveyance Covered Pension means:of the basic Cardmember,each ticket is purchased in advance of a covered trip. additional Carderember,and each of these Cardurembers' Exclusions sporves nr domestic partners and dependent children under,23 Benefits are not payable ifthe loss for which coverage is years of age;orb)officers,partners,proprietors,employees, sought was directly or indirectly,wholly or partially, consultants or employment candidates authorized by a contributed to or caused by the following:war or any act of sponsoring organization,to have common carrier conveyance war,whether declared or undeclared any act by customs or fares charged to that sponsoring organisation's account fora other governmental authority whether involving your consent bona fide business trip.All Covered Persons must have a or by confiscation or requisition(except the Transportation permanent residence within the 50 United States of America, Security Administration);defective workmanship,normal or the District ofColmnbia.AB other persons are not Covered wear and tear and gradual deterioration,or any illegal act by Persons under the policy. or on behalf of the Covered Person. Platinum Cardmember means a Carderember who has Items Not Covered:This plan does not insure:rash or its Platinum Charge Cud(required to be paid in fall monthly),a equivalent,notes,accounts,bills,currency,deeds,food stamps Corporate Platinum Card,or a Fidelity American Express or evidences ofdebt or intangible property; Platinum Card.An other Card which may reference the 8 otimitidIn and Y 7 other travel documents(including,but not limited n Platinum name or has Platinum colored plastic will not receive passports and visas);securities;tickets and documents;plants higher coverage limits or benefits. and animals:anmmobiles and equipment;motorcycles and The taphadixed terms used herein shall have the meaning motors aircraft.boats or other conveyances;or property assigned to such terms in the policy•.Certain terms contained shipped ex freight or shipped prior to the covered trip I.this summary are defined within the fell policy document. departure date. You may file a claim by calling toll free stateside 1 800-645- Excess favcragc 9700 or,if from overseas,by calling collect 1-303-2736498. BaCovesunder this plan is insured under any other You may also write to Baggage Insurance Plan,PO Box 683, Golden,CO 80401. and collectible policy,then this plan shall cover such loss, Desufpfion of Benefits subject to its exclusions,conditions,provisions and other terms herein,only to the extent that the amount of suds loss is We will pay.benefit to Coveted Person foraloss rpm In excess fthe amount ofsuch other ituurance which is the applicable limits and under the circumstances described payablempaid. below For New York Statereside.L Lhereisa$I0,000 FDR974943 11 4 CD25664_FDR974943_p12:FDR815199 5/29/2009 6:26 PM Page 11 yPMERIWI FJ9RE55 FDR 974943 12 0 2009 American Express ETY XnIBITJ c om Blue for BUsinessSm ' P.1/9 KEELER/DANNER FIN. DALE E DANNER Closing Date 11/19/12 Account Ending 2-41005 Membership Rewards' Points New Balance $18,128.33 Available and Pending as of 10/31/12 Minimum Payment Due $1,864.00 1,133 Includes the past due amount of f 1,214.00 For up to date point balance and full program details,visit membershiprewards.com Payment Due Date 12/14/12 Account Summary Late Payment Warning: If wedo not receiveat leastthe Minimum Payment Previous Balance $18,268.21 Due by the Payment Due Date listed above,you may be assessed a late fee and Payments/Credits -$600.00 your APR may be increased to a Penalty APR. New Charges +$0.00 Fees +$35.00 Interest Charged +$425.12 New Balance $18,128.33 OSee page 2 for important information about your account. Minimum Payment Due $1,864.00 Your account is past due and overlimit. Pa at least$1,864.00, credit Limit $17,7$0.00 P Y Available Credit 50.00 plus any additional charges incurred on your account since the date Cash Advance Limit $200.00 of this billing statement. If you would like to receive e-mail alerts AvailableCash $0.00 about payments,spending or fraud protection,you can sign up at americanexpress.com/alerts. Days in Billing Period: 31 SeePage5 for Important Information About Your Account Customer Care including Information regarding benefits underwritten by AMEX Pay by Computer Assurance Company. open.com/pbc Welcome to the d dedicated to supporting small business. c 877-25 -3254 Pay byphone SY PP g 1-877-258-3254 1-800-472-9297 Between Black Friday and Cyber Monday sits Small Business Saturdays, ® O See page 2 for additional information. a day dedicated to supporting small businesses and their communities. Shop Small-this November 24'",and show your support for other -SHOP small businesses just Ike yours. -:SMALL j Visit ShopSmall.com/OPENCard to learn more. I + Pleasefold on the perforation below,detach and return with your payment 4 ®PaymentCoupon MPaybyComputer �Payby Phone Account Ending 2-41005 Donotstapleorusepaperclips open.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. IIIII'IJI III uhrdlllllllll111I I's 111111111 1111°'11 1111 DALE E DANNER Payment Due Date KEELER/DANNER FIN. 12/14/12 5249 SIMPSON FRRY RD New Balance MECHANICSBURG PA 17050-3515 $18,128.33 Minimum Payment Due $1,S64.00 nldlud11g1111gr11Pi99u1111ruIIIIn11111IU11r1up1u AMERICAN EXPRESS $ '- ❑ Check number hascdressor P.O.BOX 1270 Amount Enclosed phone angel on reverse NEWARK N107101-1270 Note changes on reverse side. 0000349990710368616 001812833000186400 16 ri SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OF F ICI. Sheriff Jody S Smith 20113 APR 29 Pit 030 Chief Deputy , Richard W Stewart " `' GUMBERLAK COUNTY Solicitor OFFf � F Tir<SEA' PUFF PENNSYLVANIA American Express Bank, FSB Case Number vs. 2013-2006 Dale Danner SHERIFF'S RETURN OF SERVICE 04/19/2013 05:01 PM- Deputy Jason Kinsler, 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: Dale Danner at 5249 Simpson Ferry Road, Hampden Twp, Mechanicsburg, PA 17050. !L•-. ASON KINSLER, DEPUTY SHERIFF COST: $38.00 SO ANSWERS, April 22, 2013 RbNNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,T'oleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I :.)_,,F, American Express Bank, FSB, aFederal I�i �,,r "``' Savings Bank : CIVIL DIVISION 2":;:3 T, / 12 Ai ::i COUNT 11: 1 Plaintiff PENNSYLVANIA vs. . DALE DANNER : NO: 2013-2006 5249 SIMPSON FERRY RD . MECHANICSBURG PA 17050 Defendant • • • PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiffs Complaint in the amount of$18,163.33. Notice of the intent to file a default judgment was served upon the Defendant on October 14, 2013. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit"A." Edwin • Ab : amsen&A :ocia :. P.C. lie( I A ichael F. 'at,' 't rd, Esquire .sopiANI Attorney I.D.No.: 86285 M,k 4614d Attorney for Plaintiff Lt ` 393 JUDGMENT "Vo'h . Ut''\el AND NOW, this ) 3. day of NUU., 202, Judgment is hereby entered in favor of the Plaintiff, American Express Bank, FSB, aFederal Savings Bank and against the Defendant, DALE DANNER in the amount of$18,163.33 for failure to respond to Plaintiff's Complaint. PROTHONOTARY J J. Mt'&. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB, aFederal Savings Bank Plaintiff : CIVIL DIVISION vs. : NO: 2013-2006 DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 • Defendant • CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail,postage prepaid addressed as follows: DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Edwin A. Abrahamsen&Associates, P.C. 11111 Date: November 8, 2013 :y /, Mic-ael . Ra hford, Esquir A! .rney I.D. No.: 86285 0 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 American Express Bank,FSB,aFederal Savings . Bank In the Court of Common Pleas of . CUMBERLAND County,Pennsylvania Plaintiff Civil Division vs. • DALE DANNER • 5249 SIMPSON FERRY RD NO:2013-2006 MECHANICSBURG PA 17050 • Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter has been entered against you in the amount of$ )e? I(.L , ?j 3 on Nov. .a a 3 • • 7.:1) By: If you have any questions regarding this notice,please contact the filing party: Edwin A. Abrahamsen&Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) American Express Bank,FSB,aFederal Savings . Bank In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division vs. . NO:2013-2006 DALE DANNER . 5249 SIMPSON FERRY RD .• MECHANICSBURG PA 17050 AFFIDAVIT UNDER SOLDIERS AND SAILORS . RELIEF CIVIL RELIEF ACT OF 1940 AS Defendant : AMENDED • State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): DALE DANNER is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): DALE DANNER is(are) older than eighteen years of age; That the employment status of the defendant(s): DALE DANNER is(are)unknown. Alit,/ ■ ichael F. Ratchford se i ire Subscribed before me this day o fN r ,y�,�.2.9' U r pENNsvREv'!_,1 OnI QNW 0'� Notary Pu is _ '. rautanai a� l'''' ` ovanne C.RuPG',„,,,,,; �f: 1 Clt'l of Scranr:©n, 'Ptr a�a�Y?i �orOr'i.-- - plus,il ' ' ac rniiiEs 'nr MF.FR 120 N.KEYSER AVE. EDWIN A.ABRAHAMSEN SCRANTON-PA.18504-9701 MICHAEL F.RATCHFORD (P)1-800-503-1665 (F)570-558-5511 SCOTT J.BEST RETURN SERVICE REQUESTED THE LAW OFFICE OF EDWIN A.ABRAHAMSEN&ASSOCIATES,PC W W W.EAA-LA W.COM October 24,2013 DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Re: American Express Bank,FSB,aFederal Savings Bank vs DALE DANNER CUMBERLAND County Civil Action No.:2013-2006 Our file No.:AR 130009JC Dear DALE DANNER: Enclosed, please find the Ten Day Notice of Intent to Take Default in regard to the above-noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570)558-5510. Edwin A. Abrah.msen &Associ. Michael F. Ratch'. d, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AVE SCRANTON,PA 18504 (P)570.558.5510 (9 570.558.5511 r� T,r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB, aFederal Savings Bank : CIVIL ACTION Plaintiff : vs. DALE DANNER : NO: 2013-2006 Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Date of Notice: October 24. 2013 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER;GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE,PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA American Express Bank, FSB, aFederal Savings Bank : CIVIL ACTION Plaintiff . vs. DALE DANNER : NO: 2013-2006 Defendant : CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire. hereby certify that on October 24, 2013 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Edwin A. Abrahamsen& Assoc'. -s, P.C. B : / ! ' 1► Michael F. Ratchford, squire Attorney I.D. No.: 8. 85 120 N Keyser Aven e Scranton. PA 185 S (570) 558-5510 • i S $ ¢ , Status Report a€ ;F Pursuant to Servicernernbers Civil Relief Act Last Name: DAR First Name: DALE Middle Name: Active Duty Status As Of: Nov-07-2013 On Active Duty On Active Duty Status Date Service Component Status Active Duty End Date Active Duty Start Date No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date ServMe � Status Active Duty End Date Active Duty Start Date No NA Status Date 1111111111111101111111111111 This response reflects where the individual left active duty status'within 367 days preceding the Active Duty The Member or His/H' is/Het Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date ent �,;�;oOrnpon Status order Notification End Date Order Notification start Date No This response reflects whether the individual or his/her-unit has received early notification to report for active duty of Defense Manpower Data Censer,based on the information that you provided,the above is the status of Upon searching idon the data banks of the Department o Navy, Marine Corps,Air Force,id d the above Health,and Co individual Gua dl on the status duty status date io as to all branches a the Uniformed unit receiving(ingE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY tus includes information on a Servicemember or his/her unF DEFENSE notification of future orders to report for Active Duty. UELY Coast Guard). This Ua THE DEPARTMENT O AOWEVER,WITHOUT A SOCIAL SECURITY NUMBER, ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UN IDENTIFY AN INDIVIDUAL. • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: A531 H378Y0F0W40 American Express Bank,FSB, aFederal Savings Bank In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. DALE DANKER NO: 2013-2006 =" M, Cu 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 Defendant p C) C) —f w PNC BANK 331 BRIDGE ST NEW CUMBERLAND ,PA 17070 Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of American Express Bank,FSB, aFederal Savings Bank in the above-captioned matter. Date:January 6,2014 /elephone Mich 1 F.Ratchfo Es uire North Ke ser Av ue ranton PA 1850 o: (570) 558-5510 Ext. 120 Supreme Court ID No: 86285 PRAECIPE FOR WRIT OF EXECUTION—(MONEY JUDGMENT)RULES PA.R.C.P.3252,3111 (a) American Express Bank,FSB,aFederal Savings • Bank In the Court of Common Pleas of : CUMBERLAND County,Pennsylvania Plaintiff : Civil Division vs. Z rY • DALE DANNER • v3 } � 5249 SIMPSON FERRY RD NO:2013-2006 - (_w. MECHANICSBURG PA 17050 G • Defendant• vs. Z•c � -a r" PNC BANK PRAECIPE FOR WRIT OF EXECUTION AN - 331 BRIDGE ST ATTACHMENT NEW CUMBERLAND,PA 17070 Garnishee : • • (MONEY JUDGMENT) • • • • To the Prothonotary:TO SATISFY THE JUDGMENT,ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County,Pennsylvania; (2) Against:DALE DANNER (3) And against:PNC BANK 331 BRIDGE ST NEW CUMBERLAND,PA 17070 (4) and index this writ(a)against Defendant(s)(b)against PNC BANK 331 BRIDGE ST NEW CUMBERLAND,PA 17070 Garnishee(s), as a lis pendens against the real property of the defendant(s)in the name of the Garnishee(s),any and all accounts of the defendant(s),in the possession of Garnishee,including but not limited to savings account balances;checking account balances;Certificates of Deposit;Money Market Accounts;contents of Safety Deposit Boxes.Defendant's SSN(s): ***-**-2285; (5) Judgment Amount $18,163.33 Payments $ Clerks Fee $ Sheriff $ Poundage Total $ Date:January 6,2014 (3(3 Michael F.R. ford, squire VV `\ dwin A.Abr. amsen&Associat•.,P.C. Attorney for Plaintiff P, 00 ' mratchford @eaa-law.com /0375 re, " /C0 f/ ,f tP-Z )48 as BOLL -- #-Soy(- 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-2006 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS BANK, FSB,A FEDERAL SAVINGS BANK Plaintiff(s) From DALE DANNER,5249 SIMPSON FERRY ROAD,MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell . You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK,331 BRIDGE STREET,NEW CUMBERLAND,PA 17070-ANY AND ALL ACCOUNTS OF THE DEFENDANT(S),IN THE POSSESSION OF GARNISHEE,INCLUDING BUT NOT LIMITED TO SAVINGS ACCOUNT BALANCES; CHECKING ACCOUNT BALANCES; CERTIFICATES OF DEPOSIT; MONEY MARKET ACCOUNTS; CONTENTS OF SAFETY DEPOSIT BOXES. and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$18,163.33 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$187.25 Due Prothonotary$2.25 Other Costs$ Date: 2/11/2014 •avid D.Buell, 'rothonotary By: Deputy REQUESTING PARTY: Name : MICHAEL F.RATCHFORD,ESQUIRE Address: EDWIN A.ABRAHAMSEN&ASSOCIATES,P.C. 120 N. KEYSER AVENUE SCRANTON,PA 18504-9701 Attorney for: PLAINTIFF Telephone: 1-800-503-1665 Supreme Court ID No. 86285 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ..i,�"i � � �. Chief Deputy Richard W Stewart CUMBERLAND �:c UNT'l � Solicitor '' m0P� �S 6" PENNSYLVANIA American Express Bank, FSB vs. Case Number Dale Danner 2013-2006 SHERIFF'S RETURN OF SERVICE 02/19/2014 10:02 AM-Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres,Assistant Manager Banking Officer, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 20, 2014 to Dale Danner at 5249 Simpson Ferry Road, Mechanicsburg, PA 17050. �nj I ki ancLC�--- JIM E DIMARTLE, TY SO ANSWERS, r February 20, 2014 RbNW R ANDERSON, SHERIFF SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864 -9700 Attorney for Garnishee AMERICAN EXPRESS BANK, FSB, A FEDERAL SAVINGS BANK vs. DALE DANNER and HE ROT lia' 2I1419AR -3 PM CUMBERLAND COUNT PENNSYLVANIA : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO.2013 -2006 PNC BANK, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN EXPRESS BANK, FSB, A FEDERAL SAVINGS BANK, Plaintiff 1. No. 2. Account titled Dale E. Danner has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set -off against the account consisting of $100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of $1,215.09 before deducting garnishee's attorney's fee of $350.00. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. Dated: A VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unworn falsification to authorities. RE American Express Bank, FSB, a Federal Savings Bank vs Dale Danner DOCKET NO 2013 -2006 DATE: February 25, 2014 Lit - 233946.1 Theresa A Dusch Team Lead, Garnishment Processing Position , , American Express Bank,FSB, aFederal .• Savings Bank In the Court of Common Pleas of Plaintiff : CUMBERLAND County,Pennsylvania Civil Division ,...? c ' �.vs. , „.F --, DALE DANNER ��`�• 7�' 5249 SIMPSON FERRY RD NO: 2013-2006 ,,,,,,,,, -:., MECHANICSBURG PA 17050 �a : �f` Defendant 0 d vs. Praecipe to Enter Judgment against Garnishee PNC BANK •• 331 BRIDGE ST . NEW CUMBERLAND , PA 17070 .• Garnishee . To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Enter Judgment against Garnishee in the amount of$865.09. This amount is less the $300.00 statutory exemption claim. Thank you, i4,14 irf ichael F. ' . chford, Esqu•V e Edwin A. Abrahamsen& A ssociates, P.C. Lawyer ID# 86285 3,---d- Sworn and subscribed before me on thi day o C? 20 19 , - Notary Puy, CI o►M1 COMMONWEALTH OF PENNSYLVANIA aCL 13t� Notarial N altdry . .County - City of Scranton,Ladca `. M Cpmmission Expi Jul 20,2015 rryy y .,e...,z e, ri,AAcsocIATION n...,TARIES 'r 15., 1 me le SIRLIN LESSER& BENSON,P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JON C.SIRLIN PENNSYLVANIA OFFICE PETER A.LESSER* 123 S.BROAD STREET JOHN D.BENSON* SUITE 2100 SUSAN J.KUPERSMITH*t PHILADELPHIA,PA 19109 DANA S.PLON* (215)864-9700 DOROTHYANNE HAMILL* FAX(215)864-9669 LISA M.RUTENBERG** JERRY I.DREW NEW JERSEY OFFICE PATRICK J.TROY 102 BROWNING LANE KIERSTIN M.LANGE* BUILDING C ADAM NACHMANI* CHERRY HILL,NJ 08003 February 26, 2014 (856)616-1900 FAX(856)216-7459 t COUNSEL •PA&NJ BAR ••PA,NJ&MD Michael F.Ratchford,Esquire 120 North Keyser Avenue Scranton,PA 18504 Re: American Express Bank,FSB,a Federal Savings Bank vs.Dale Danner and PNC Bank,Garnishee Dear Mr.Ratchford: Enclosed herein please find a copy of Garnishee's Answers to Interrogatories,which I am filing with the Prothonotary on behalf of PNC Bank,in the above matter. Note that PA R.C.P. No. 3123.1(c) prohibits Entry of Judgment Against Garnishee until the expiration of twenty days from the date of service of the Writ of Execution upon garnishee. Please be advised that in the event you wish to recover your record costs or additional interest via which are properly chargeable via this attachment, the bank requires that a time stamped assessment of costs or bill of costs accompany your time stamped Praecipe to Enter Judgment confirming its filing. This document should specifically detail all costs properly incurred and be stamped by the court as filed. No checks will be issued until we are in receipt of a time-stamped copies of the Praecipe and assessment or bill of costs. Please also be advised that pursuant to 42 Pa.C.S.A. Section 2503, the Garnishee's fee and costs in the minimum amount of$350.00 will be deducted from Defendant's account at the time of entry of judgment. PLEASE DIRECT ANY INQUIRIES TO THE BANK DEPARTMENT-(215)864-9700. Sincerely, JON C. SIRLIN \amp Enclosures 6661 SIRLIN LESSER&BENSON,P.C. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street,Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK,FSB, : COURT OF COMMON PLEAS A FEDERAL SAVINGS BANK : COUNTY OF CUMBERLAND vs. • DALE DANNER : NO. 2013-2006 and PNC BANK, GARNISHEE • ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN EXPRESS BANK,FSB,A FEDERAL SAVINGS BANK,Plaintiff 1. No. 2. Account titled Dale E. Danner has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor,the bank claims a priority lien in,and a right of set-off against the account consisting of$100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of$350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of$1,215.09 before deducting garnishee's attorney's fee of$350.00. 3.-6. No. 7. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. t� J C. IRLIN Dated: a l`�1 - •rney or Garnishee VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank,N.A.;that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge,information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904,relating to unworn falsification to authorities. RE American Express Bank, FSB, a Federal Savings Bank vs Dale Danner DOCKET NO 2013-2006 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: February 25,2014 Lit-233946.1 American Express Bank,FSB,aFederal Savings : In the Court of Common Pleas of Bank CUMBERLAND County,Pennsylvania Civil Division Plaintiff ' : NO: 2013-2006 vs. . • • DALE DANNER . 5249 SIMPSON FERRY RD • NOTICE OF FILING JUDGMENT MECHANICSBURG PA 17050 Defendant : PNC BANK • 331 BRIDGE ST • NEW CUMBERLAND,PA 17070 • Garnishee Notice is herby given that a money judgment in the above-captioned matte h s been entered against you in the amount of$ 0ls S. CPI on 310 l y *l'il il By: If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen&Associates 120 North Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) SIRLIN LESSER & BENSON, P.C. By: Jon C. Sir lin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN EXPRESS BANK, FSB, A FEDERAL SAVINGS BANK vs. DALE DANNER and PNC BANK, GARNISHEE 1-IiE i3-ROTHONOTAR ZOI APR -4 AN 6 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 2013-2006 : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: , Other: Costs are hereby taxed in the amount of $ $350.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 JON C. S Attorney fo thi 014. American Express Bank, FSB, aFederal Savings Bank vs. DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050 vs. : hi the Court of Common Pleas of . CUMBERLAND County, Pennsylvania Plaintiff : Civil Division NO: 2013 -2006 Defendant . Praecipe to Satisfy Judgment against Garnishee PNC BANK 331 BRIDGE ST NEW CUMBERLAND , PA 17070 Garnishee . To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Satisfy Judgment against Garnishee. Thank you, ichael F. ' atchford, Esqui e dwin A. Abrahamsen & sociates, P.C. Lawyer ID # 86285 Sworn and subscribed before me on this day of y r COMMONWEALTH OF PENNSYLVANIA Notarial Seal A isa Mattern, Notary Public City of Scranton, Lackawanna County My Commission Expires Sept. 19, 2017 lismsER. = ='i'IS L' = H;.a..455:.0 e r r 1L 14» IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Bank, Fsb, A Federal Sa Plaintiff m v. : No. 13-2006 CIVIL TERM crs DALE DANNER r— <CD Defendants CD -,--... 142691.001 PRAECIPE FOR ENTRY OF APPEARANCE TO THE CLERK OF SAID COURT: Enter our appearance on behalf of Plaintiff Pa Je s may be served at the addresses set forth below. DEMETRIOS H. TSAROUHIS Attorney for Defendants Attorney ID # 88513 21 S. 9 Street Allentown, PA 18102 610-439-1500 Date: August 14, 2014 PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE CLERK OF SAID COURT: Kindly Withdraw my Appearance on behalf of Defendant. Date: C-71 • WIN A A " HAMS EN & ASSOCIATES, P.C. MiCKAEL F • ATCHFORD, ESQUIRE #86285 120 NORTH KEYSER AVENUE SCRANTON, PA 18504 (570) 558-5510 (570) 558-5511 FAX COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Bank, Fsb, A Federal Sa, Plaintiff v. : No. 13-2006 CIVIL TERM DALE DANNER , Defendant : 142691.001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe for Entry of Appearance has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: DALE DANNER 5249 SIMPSON FERRY RD MECHANICSBURG PA 17050-3515 Respectfully Submitted, DE TRIOS H. TSAROUHIS Attorney for Plaintiffs Attorney ID # 88513 21 S. 9` Street Allentown, PA 18102 610-628-2440 DATE:_ c % I-1 / L Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QFF ICE QF THE $HERIFF• 1-"!LE8-UF�(�� iL;FTHE PROTHPNO 2"01111 SEP I7PN �� - .. � �~ CUMBERLAND PENNSYLVANIA COUNTY PENNSYLVANIA American Express Bank, FSB vs. Dale Danner Case Number 2013-2006 SHERIFFS RETURN OF SERVICE 02/102014 10:02 AM - Jamie DiMartleDeputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager Banking Officer, personally three copies of interrogatories togeter with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 20, 2014 to Dale Danner at 5249 Simpson Ferry Road, Mechanicsburg, PA 17050. 09/18/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. However, attorney did file a praecipe to enter judgment against Garnishee PNC Bank in the amount of $ 865.09, SHERIFF COST: $104.81 SO ANSWERS, September 16, 2014 RDNR ANDERSON, SHERIFF (c) ChiuntySuite Sheriff, Teleosoft, ;11C.