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HomeMy WebLinkAbout13-3078 Supreme C, nnsylvania Con leas For Prothonotary Use Only: r L b Docket No: T C an County 1.3 — ? 6 re The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint ® Writ of Summons ® Petition j S ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: American Express Centurion Bank,a Utah state chartereg DONALD CARL T Dollar Amount Requested: Elwithin arbitration limits O A re money damages requested? Yes E3 No (check one) (3outside arbitration limits N Is this a Class Action Suit? ® Yes El No Is this an MDJAppeal? 13 Yes G No A Name of Plaintiff/Appellant's Attorney: DEMETRIOS H TSAROUHIS 130197 ® Check here if you have no attorney (are a Self - Represented [Pro Sel 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 Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies G O Malicious Prosecution El Debt Collection: Credit Card O Board of Assessment 13 Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance Dept. of Transportation l3 Premises Liability 8 Statutory Appeal: Other S ® Product Liability (does not include E mass tort) ®Employment Dispute: Slander/Libel/ Defamation Discrimination � C ® Other: Employment Dispute: Other ®Zoning Board T. ® Other: i ® Other: O MASS TORT ® Asbestos r N ® Tobacco ® Toxic Tort - DES ®Toxic Tort - Implant REAL, PROPERTY MISCELLANEOUS ® Toxic Waste El Other: ®Ejectment E3 Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment i ® Ground Rent Mandamus l3 Landlord/Tenant Dispute Non - Domestic Relations l3 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin l3 Legal ® Quiet Title ® Other: ® Medical l3 Other: l3 Other Professional: Updated 1/112011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Centurion Bank,a Utah state chartered bank Plaintiff V. No. 13 -308 DONALD CARL n Defendant =M —<> • 130197.001 1- = --i O .> C-, A l NOTICE TO DEFEND ° = C-3 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association s 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717- 249 -3166 C:- 34UL I do hereby certify that the within is a true and correct opy of the origin led in this action. 1 Demetrios H Tsarouhis COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION — LAW American Express Centurion Bank,a Utah state chartered bank, Plaintiff V. No. DONALD CARL, Defendant 130197.001/ COMPLAINT Plaintiff, American Express Centurion Bank,a Utah state chartered bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Centurion Bank,a Utah state chartered bank, ("Plaintiff') is a UT business corporation having its corporate offices at 4315 S 2700 W, SALT LAKE CITY UT 84184. 2. Defendant, DONALD CARL , is an adult individual resident of Pennsylvania who maintains an address at 3114 COLUMBIA AVE , CAMP HILL PA 17011. 3. At all relevant times herein, Plaintiff was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number ending in * * * * * * * * * * 12004. 5. Use of the credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement "). Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the Cardmember Agreement. 6. Defendant used the credit card with account number ending in * * * * * * * * * * 12004, 2 for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit `B" is a true and correct copy of the most recent statement. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on or about 12/16/2012 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $5,448.67. 11. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $5,448.67 due on the account; b) Costs of suit; COUNT H Alternative to Count I - Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 14. Defendant received and accepted the benefit of said credit provided by Plaintiff. 3 15. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 18. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $5,448.67. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $5,448.67 due on the account; b) Costs of suit. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9 Street—Suite 200 Allentown, PA 18102 610 - 439 -1500 Date: May 23, 2013 130197.001 4 AMERICAN E�RE55 • Cardmember Agreement: Part 1 of 2 As of: 12/21/2010 Optima® Platinum Card® Issuer: American Express Centurion Bank Cardmember Name: Donald O Carl Credit Limit: $5,100 (Cash Advance Limit: $200) Account Ending In: 12004 Rates and Fees Table Interest Rates Annual Percentage Rate 15 .24% (APR) for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 15.24% for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 27.24% Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2) make a payment that is retumed. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Federal Reserve Board visit the website of the Federal Reserve Board at Fees Annual Membership Fee None Transaction Fees • Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. • Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $35 • Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAA00000105 Page 1 of 9 Exhibit " How Rates and Fees Work Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) APRs and DPRs to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten - thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 11.99% 15.24% 0.0417 Balance Transfer Prime + 11.99% 15.24% 0.0417% Cash Advance Prime + 21.99% 25.24% 0.0691% Penalty Prime + 23.99% 27.24% 0.0746% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will new transactions • you do not pay at least the Minimum apply to charges added to that balance 15 or Payment Due by the Closing Date of the more days after we send you notice. billing period in which it is due, • you do not pay at least the Minimum We will review your Account every 6 months after Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Penalty APR will times in 12 billing periods, or continue to apply until you have made timely • your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we existing balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to other balances as described above). 7Annu dd fees to a purchase balance, unless we tell you otherwise. Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new transactions and Penalty APR for existing balance$ above. Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Statement Copy $5 for each statement you request, except for the 3 most recent billing periods. Account Re- opening $25 if your Account is cancelled, you ask us to re -open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer.. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000105 Page 2 of 9 gMERICAN . EXPRESS m Cardmember Agreement: Part 2 of 2 Co 27738 Introduction About your This document together with Part 1 make up the Any supplements or amendments are also part of Cardmember Agreement Cardmember Agreement (Agreement) for the the Agreement. When you use the Account (or you Account identified on page 1 of Part 1. sign or keep the card), you agree to the terms of the Agreement. Changing the Agreement We may change this Agreement, subject to to some terns may require 45 days advance notice, applicable law. We may do this in response to the and we will tell you in the notice if you have the right business, legal or competitive environment. to reject a change. We cannot change certain terms We cannot increase the interest rate on existing during the first year of your Cardmembership. balances except in limited circumstances. Changes Words we use In We, us, and our mean the issuer shown on page 1 added to your Account, such as purchases, cash the Agreement of Part 1. You and your mean the person who advances, balance transfers, fees and interest applied for this Account and for whom we opened charges. A purchase is a charge for goods or the Account. You and your also mean anyone who services. A cash advance is a charge to get cash agrees to pay for this Account. You are the Basic or cash equivalents. A balance transfer is a charge Cardmember. You may request a card for an to pay an amount you owe on another credit card Additional Cardmember (see About Additional account. Cardmembers in Part 2). To pay by a certain date means to send your Card means any card or other device that we issue payment so that we receive it and credit it to your to access your Account. A charge is any amount Account by that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. At our Account status or changes to your card number or discretion, we may permit you to make cash expiration date. You must notify the merchants advances or balance transfers. You cannot transfer directly if you want them to stop charging your balances from any other account issued by us or our Account. affiliates. Keep your card safe and don't let anyone else use You may arrange for certain merchants to charge it. If your card is lost or stolen or your Account is your Account at regular intervals. We may (but are being used without your permission, contact us right not required to) tell these merchants about your away. You may not use your Account for illegal act iviti e s. Promise to pay You promise to pay all charges, including: • charges you make, even if you do not present your card or sign for the transaction, • charges that other people make if you let them use your Account, and • charges that Additional Cardmembers make or permit othe to m a k e. Credit limit We assign a Credit Limit to your Account. We may You agree to manage your Account so that: and cash advance limit make part of your Credit Limit available for cash • your Account balance (including fees and interest) advances (Cash Advance Limit). There may also be is not more than your Credit Limit, and a limit on the amount you can withdraw from ATMs in • your cash advance balance (including fees and a given period. The Credit Limit and Cash Advance interest) is not more than your Cash Advance Limit are shown on page 1 of Part 1 and on each Limit. billing statement. We may approve charges that cause your Account We may increase or reduce your Credit Limit and balance to go over your Credit Limit. If we do this, Cash Advance Limit. We may do so even if you pay we will not charge an overlimit fee. If we ask you to on time and your Account is not in default. promptly pay the amount of your Account balance above you C r e dit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we We are not responsible for any losses you incur if may do this include suspected fraud and our we do not authorize a charge. And we are not assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the even if the charge would not cause you to go over card. your Credit Limit and your Account is not in default. CMAEUACM0000102 Page 3 of 9 About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also shows a Closing Date. The Each statement also states the time and manner by Closing Date is the last day of the billing period which you must make your payment for It to be covered by the statement. Each Closing Date is credited as of the same day it is received. For your about 30 days after the previous statement's Closing payment to be considered on time, we must receive Date. Now t0 make payments Make payments to us in U.S. dollars with: your billing statement. If we receive it after that time, • a single check drawn on a U.S. bank, or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S. banking system, for example a money If your payment does not meet the above order, or requirements, there may be a delay in crediting your • an electronic payment that can be cleared through Account. This may result in late fees and additional the U.S. banking system. interest charges (see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, • mail your payment to the address shown on the If we decide to accept a payment made in a foreign payment coupon on your billing statement, and currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment, a partial payment, or a If your payment meets the above requirements, we payment marked with any restrictive language, that will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it, as long as we receive it by the time disclosed in How we apply payments Your Account may have balances with different After the Minimum Payment Due has been paid, and credits interest rates. For example, purchases may have a we apply your payments to the balance with the lower interest rate than cash advances. if your highest interest rate, and then to balances with Account has balances with different interest rates, lower interest rates. here is how we generally apply payments in a billing In most cases, we apply a credit to the same period: balance as the related charge. For example, we • We apply your payments, up to the Minimum Payment Due, first to the balance with the lowest apply a credit for a purchase to the purchase interest rate, and then to balances with higher balance. We may apply payments and credits within interest rates. balances, and among balances with the same interest rate, in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the highest of the following EX4,Wp� Mlnlmum Payment Due three amounts: (1) 2% of the New Balance (excluding late fees on Assume that your New Balance is $3,000, the statement); or interest is $29.57 (see the example on the next (2) interest charged on the statement plus 1 % of page), and you have no late fees or amounts the New Balance (excluding late fees and past due. interest on the statement), not to exceed 4% of (1) 2% x $3,000 = $60.00 the New Balance; or (2) $29.57+ 1 % x ($3,000 - $29.57) = $59.27 (3) $15. (3) $15.00 Then we add late fees on the statement, round to The highest of the three amounts is $60.00. the nearest dollar, and add any amount past due. So the our Minimum Pa Mlnlmum Payment Due is $60.00. However, y Pay Due will not e you New Balance. Adjusting your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billing periods. This may let you make a smaller minimum payment from time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1 % of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. continued on next page... CMAEUACM0000102 Page 4 of 9 AMERICAN EGRESS m ...continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as described below. However, you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by by the Payment Due Date, we will not charge the Payment Due Date, we will not charge interest interest on purchases from the date of your on purchases. payment to the Closing Date of the billing period in If you pay the New Balance on a statement by the which you made that payment. But we will charge Payment Due Date and then you pay less than the interest on purchases from the beginning of that New Balance on the following statement by the billing period until the date of your payment. Payment Due Date, we will not charge interest on you pay the New Balance on each of the next two the portion of the purchase balance that we apply statements by their Payment Due Dates, we will that payment to. But we will charge interest on not charge interest on purchases on the following unpaid purchases. statement. If you do not pay the New Balance on a statement Also, we will not charge interest on purchases on a by the Payment Due Date and then: statement if the Previous Balance on that statement • you pay the New Balance on the next statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions such as purchases and cash advances may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions) to figure interest For each day a DPR is in effect, we figure the daily charges for each balance. The total interest charged balance by: for a billing period is the sum of the interest charged • taking the beginning balance for the day, on each balance. • adding any new charges, Interest • subtracting any payments or credits; and The interest charged for a balance in a billing period, • making any appropriate adjustments. except for variations caused by rounding, equals: We add a new charge to a daily balance as of its • Average Daily Balance (ADB) x transaction date. • Daily Periodic Rate (DPR) x Beginning balance • number of days the DPR was in effect. For the first day of a billing period, the beginning ADS balance is the ending balance for the prior billing To get the ADS for a balance, we add up its daily period, including unpaid interest. For the rest of the balances. Then we divide the result by the number billing period, the beginning balance is the previous of days the DPR for that balance was in effect. If the day's daily balance plus an amount of interest equal daily balance is negative, we treat it as zero. to the previous day s daily balance multiplied by the DPR DPR for that balance. This method of figuring the A DPR is 1 /365th of an APR, rounded to one ten- beginning balance results in daily compounding of thousandth of a percentage point. Your DPRs are interest. shown in How Rates and Fees Work on page 2 of When an interest rate changes, the new DPR may Part 1. come into effect during not just at the beginning of the billing period. When this happens, we will EXAMPLE: Calculating Intermt create a new balance and apply the new DPR to it. Assume that you have a single interest rate of To get the beginning balance on the first day for this 15.99 %, your ADS is $2,250 and are 30 new balance, we multiply the previous day's daily days in the billing period. balance by the old DPR and add the result to that The DPR is 15.99% _ 365 da ys = 0.0438 • day's daily balance. Interest Is $2,250 x 0.0438% x 30 $29.57 days — Other methods — To figure the ADS and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM0000102 Page 5 of 9 Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section (or successor section) of The Wall Street general circulation in New York, New York. Or we Journal. The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall Street Journal If the Prime Rate increases, variable APRs (and days before the Closing Date of the billing period. corresponding DPRs) will increase. In that case, you The Wall Street Journal may not publish the Prime may pay more interest and may have a higher Rate on that day. If it does not, we will use the Prime Minimum Payment Due. When the Prime Rate Rate from the previous day it was published. If The changes, the resulting changes to variable APRs Wall Street Journal is no longer published, we may take effect as of the first day of the billing period. Other important information About Additional At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers Cardmembers. They do not have accounts with us information about your Account and to discuss it but they can use your Account subject to the terms with them. of this Agreement. You are responsible for all use of If you want to cancel an Additional Cardmember's your Account by Additional Cardmembers and right to use your Account (and cancel their card) you anyone they allow to use your Account. You must must tell us. pay for all charges they make. Converting charges made If you make a charge in a foreign currency, we will interbank rate we identify from customary banking In a foreign currency convert it into U.S. dollars on the date we or our sources on the conversion date or the prior business agents process R. Unless a particular rate is day. This rate may differ from rates that are in effect required by law, we will choose a conversion rate on the date of your charge. We will bill charges that is acceptable to us for that date. The rate we converted by establishments (such as airlines) at the use is no more than the highest official rate rates they use. published by a government agency or the highest Changing your You must notify us immediately if you change the: If you have more than one account, you need to billing address • mailing address to which we send billing notify us separately for each account. statements; or We may update your billing address if we receive • e -mail address to which we send notice that your information that it has changed or is incorrect. billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending We may: We may do any of these things at our discretion, your Account • cancel your Account, even if you pay on time and your Account is not in • suspend the ability to make charges, default. • cancel or suspend any feature on your Account, and if your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after • notify merchants that your Account has been a cancellation. If we do this, we may: cancelled or suspended. • reinstate any additional cards issued on your If we do any of these, you must still pay us for all Account, charges under the terms of this Agreement. • charge you any applicable annual fees, and • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default, we may: • you violate a provision of this Agreement, • suspend your ability to make charges, • you give us false information, • cancel or suspend any feature on your Account, • you file for bankruptcy, • require you to pay more than your Minimum • you default under another agreement you have Payment Due immediately, and with us or an affiliate, • require you to pay your Account balance • you become incapacitated or die, or immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about term of this Agreement. This may have a negative you, investigate your ability to pay, and obtain impact on your credit record. information about you from other sources. And you If you believe information we have given to a credit agree that we may use such information for any reporting agency is incorrect, write to us at: purposes, subject to applicable law. American Express Credit Bureau Unit, P.O. Box You agree that we may give information about your 981537, El Paso, TX 79998 -1537. When you write Account to credit reporting agencies. We may tell a to us, tell us your Account number and the specific credit reporting agency if you fail to comply with any information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 AMERICAN EKRRE55 o. Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. We may Contact you From time to time, we may contact you about topics to ensure the quality of customer service or when it ranging from servicing to marketing offers to is required by law. collecting amounts you owe. We may monitor and You can choose to not receive marketing offers from record phone calls between you (or any Additional us. To do this, call us at 1- 800 - 297 -8378 or log on to Cardmembers on your Account) and us. We do this www.americanexpress.com/communications About Insurance products We or our affiliates may tell you about insurance and or another affiliate is the insurer or reinsurer. non - insurance products, services or features that Compensation may influence what products and may have a fee. One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products. The affiliate We may share information about you with our may compensated for this. The insurance affiliates so they can identify products that may behalf. Our affiliates may get addit ional products are not offered or sold us or on our interest you. We may be compensated for this t information. compensation when Amex Assurance Company How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducted from debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day account other asset account. we receive your check. Also, you will not receive We may process the check electronically by that cancelled check with your bank or asset transmitting to your financial institution: account billing statement. • the amount, If we cannot collect the funds electronically, we may • the routing number, issue a draft against your bank or other asset • the account number, and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Convenience Checks Convenience checks (including balance transfer add the fee to the same balance that we add the checks) are checks that we may send you to access convenience check transaction to. your Account. The following terms will apply to use We will charge $29 each time you ask us to stop of those checks unless otherwise disclosed with the check. payment on a convenience check. If you use a convenience check, we may decline it. If A convenience check is not a card. You may not use we decline it, you may have to pay returned check convenience checks to pay this or any other account fees or other penalties to whomever you wrote the with us or our affiliates. If you use a convenience check. check, we will apply the: • cash advance APR if you make it payable to cash, If you use a convenience check and we honor it, we to you, or to a bank, brokerage or similar asset will charge interest beginning as of the date we account, or to a mortgage or insurance provider. receive the check. You cannot avoid paying interest • purchase APR If you make it payable to a on convenience check transactions. merchant. We will charge a fee for each convenience check • balance transfer APR if you use it to transfer a transaction. This fee is 3% of the transaction, with a balance from another creditor. minimum of $5. This fee is a finance charge. We will • penalty APR if it applies to your Account. Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. Assigning Claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 7 of 9 We do not waive Our rights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this Ag with you in Utah. Arbitration This Arbitration provision sets forth the any claim that you properly file and pursue in RIGHT OR AUTHORITY FOR ANY CLAIMS circumstances and procedures under which a small claims court of your state or TO BE ARBITRATED ON A CLASS ACTION claims may be arbitrated instead of litigated in municipality so long as the claim is individual BASIS OR ON BASES INVOLVING CLAIMS court. and pending only in that court. BROUGHT IN A PURPORTED Definitions Initiation of Arbitration REPRESENTATIVE CAPACITY ON BEHALF As used in this Arbitration provision, the term Any claim shall be resolved, upon the election OF THE GENERAL PUBLIC, OTHER claim means any claim, dispute or by you or us, by arbitration pursuant to this CARDMEMBERS OR OTHER PERSONS controversy between you and us arising from Arbitration provision and the code of SIMILARLY SITUATED. The arbitrator's or relating to your Account, this Agreement, procedures of the arbitration organization to authority to resolve claims is limited to claims the Electronic Funds Transfer Services which the claim is referred in effect at the time between you and us alone, and the Agreement, and any other related or prior the claim is filed (code), except to the extent arbitrator's authority to make awards is limited agreement that you may have had with us, or the code conflicts with this Agreement. to awards to you and us alone. Furthermore, the relationships resulting from any of the Claims shall be referred to either JAMS or the claims brought by you against us, or by us above agreements, except for the validity, American Arbitration Association (AAA), as against you, may not be joined or enforceability or scope of this Arbitration selected by the party electing to use consolidated in arbitration with claims brought provision. For purposes of this Arbitration arbitration. If our selection of either of these by or against someone other than you, unless provision, you and us also includes any organizations is unacceptable to you, you agreed to in writing by all parties. No corporate parent, or wholly or majority owned may select the other organization within 30 arbitration award or decision will have any subsidiaries, affiliates, any licensees, days after you receive notice of our selection. preclusive effect as to issues or claims in any predecessors, successors, assigns, any For a copy of the code, to file a claim or for dispute with anyone who is not a named party purchaser of any accounts, all agents, other information, contact either: JAMS (1920 to the arbitration. Notwithstanding any other employees, directors and representatives of Main St #300, Irvine, CA 92614 or provision of this Agreement (including but not any of the foregoing, and other persons jamsadr.com) or AAA (335 Madison Ave, limited to the Continuation subsection below) referred to below in the definition of claims. New York, NY 10017 or adr.org). and without waiving either party's right to Claim includes claims of every kind and appeal such decision, should any portion of nature, including but not limited to, initial In addition to the organizations listed above, this Restrictions on Arbitration subsection be claims, counterclaims, cross - claims and third- claims may be referred to any other deemed invalid or unenforceable, then the party claims and claims based upon contract, arbitration organization that is mutually entire Arbitration provision (other than this tort, fraud and other intentional torts, statutes, agreed upon in writing by you and us, or to an sentence) shall not apply. regulations, common law and equity. Claim arbitration organization or arbitrator(s) Arbitration Procedures also includes claims by or against any third appointed pursuant to § 5 of the Federal This Arbitration provision is made pursuant to party using or providing any product, service Arbitration Act, 9 U.S.C. §§ 1 -16, as it may be transactions involving interstate commerce provided that any such or benefit in connection with any account amended (FAA), and shall be governed by the FAA. The (including, but not limited to, credit bureaus, organization and arbitrator(s) will enforce the arbitration shall be governed by the applicable third parties who accept the card, third parties terms of the Restrictions on Arbitration code, except that this Agreement shall apply if who use, provide or participate in fee -based subsection set forth below. there are any conflicts. The arbitrator shall or free benefit programs, enrollment services Significance of Arbitration apply applicable substantive taw consistent and rewards programs, credit insurance IF ARBITRATION IS CHOSEN BY ANY with the FAA and applicable statutes of companies, debt collectors and all of their PARTY WITH RESPECT TO A CLAIM, limitations, shall honor claims of privilege agents, employees, directors and NEITHER YOU NOR WE WILL HAVE THE recognized at law, and, at the timely request representatives) if and only if, such third party RIGHT TO LITIGATE THAT CLAIM IN of either party, shall provide a brief written is a party in connection with the claim. The COURT OR HAVE A JURY TRIAL ON THAT explanation of the basis for the decision. The term claim is to be given the broadest CLAIM. FURTHER, YOU AND WE WILL arbitration proceeding shall not be governed possible meaning that will be enforced and NOT HAVE THE RIGHT TO PARTICIPATE by any federal or state rules of civil procedure includes, by way of example and without IN A REPRESENTATIVE CAPACITY OR AS or rules of evidence. Any party may request limitation, any claim, dispute or controversy A MEMBER OF ANY CLASS OF that the arbitrator expand the scope of that arises from or relates to (a) any of the CLAIMANTS PERTAINING TO ANY CLAIM discovery by doing so in writing and copying accounts created under any of the SUBJECT TO ARBITRATION. EXCEPT AS any other parties, who shall have 15 days to agreements, or any balances on any such SET FORTH BELOW, THE ARBITRATOR'S make objections. The arbitrator will notify the accounts, (b) advertisements, promotions or DECISION WILL BE FINAL AND BINDING. parties of his/her decision within 20 days of oral or written statements related to any such NOTE THAT OTHER RIGHTS THAT YOU any objecting parry's submission. The accounts, goods or services financed under OR WE WOULD HAVE IF YOU WENT TO arbitrator shall take reasonable steps to any of the accounts or the terms of financing, COURT ALSO MAY NOT BE AVAILABLE IN preserve privacy. The arbitrator's award shall (c) the benefits and services related to ARBITRATION. be final and binding, except for any right of Cardmembership (including fee -based or free Restrictions on Arbitration appeal provided by the FAA; however, either benefit programs, enrollment services and IF EITHER PARTY ELECTS TO RESOLVE A party shall have 30 days to appeal that rewards programs), and (d) your application CLAIM BY ARBITRATION, THAT CLAIM decision by notifying the arbitration for any account. We shall not elect to use SHALL BE ARBITRATED ON AN organization and any other parties in writing. arbitration under this Arbitration provision for INDIVIDUAL BASIS. THERE SHALL BE NO continued on next page... CMAEUACM0000102 Page 8 of 9 AMERICAN EXPRESS ...continued from previous page Payment of Fees arbitration with us. The organization will then appoint a three- You will be responsible for paying your share, Continuation arbitrator panel which shall consider anew if any, of the arbitration fees (including filing, This Arbitration provision shall survive any aspect of the decision objected to by the administrative, hearing and/or other fees), but appealing party. The panel shall issue its only up to the amount of the filing fees you termination of your Account; voluntary decision, by majority vote, within 120 days of would have incurred if you had brought a payment of the Account balance in full by you; any legal proceeding by you or us to collect a the appealing party's written notice. Judgment claim in the state or federal court closest to debt owed by the other; any bankruptcy by upon any award rendered by the arbitrator or your billing address that would have had e terms nt u or us; and any sale by us of your Account panel may be entered in any court having jurisdiction. We will be responsible for any you the case of a sale, its ts shall apply u jurisdiction, additional arbitration fees. At your written the buyer a your Account). If any portion of Location of Arbitration request, ar will consider l good faith making this Arbitration provision, except as otherwise Arbitration hearings you attend shall take s temporary advance of all l . part your provided in the Restrictions on Arbitration place in the federal judicial district of your share of any arbitration fees. You will not f subsection, is deemed invalid or residence. assessed any arbitration fees i excess of unenforceable, it shall not invalidate the your share if you do not prevail t in any remaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our While we investigate whether or not there Your Rights If You Are Dissatisfied With responsibilities under the Fair Credit Billing has been an error: Your Credit Card Purchases Act. • We cannot try to collect the amount in If you are dissatisfied with the goods or What To Do ff You Find a Mistake on Your question, or report you as delinquent on services that you have purchased with your Statement that amount. credit card, and you have tried in good faith to; If you think there is an error on your • The charge in question may remain on your correct the problem with the merchant, you statement, write to us at: statement, and we may continue to charge may have the right not to pay the remaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 • While you do not have to pay the amount in To use this right, all of the following must be El Paso TX 79998 -1535 question, you are responsible for the true: In your letter, give us the following remainder of your balance. 1. The purchase must have been made in information: • We can apply any unpaid amount against your home state or within 100 miles of your • Account information: Your name and your credit limit. current mailing address, and the purchase account number. After we finish our investigation, one of two price must have been more than $50. • Dol/aramount The dollar amount of the things will happen: (Note: Neither of these are necessary if suspected error. • If we made a mistake: You will not have to your purchase was based on an • Description of problem. If you think there is pay the amount in question or any interest advertisement we mailed to you, or if we an error on your bill, describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong nd why • If we do not believe there was a mistake: or services. g y you believe it is a ) mistake. You will have to pay the amount in 2. You must have used your credit card for You must contact us: question, along with applicable interest and the purchase. Purchases made with cash fees. We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due. We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3. You must not yet have fully paid for the automated payment is scheduled, If you owe. purchase. want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong, you must write to us within still dissatisfied with the purchase, contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing. You may call us, but if you do we are If you do'so, we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill. We must tell you the El Paso TX 79998 -1535 in question. name of anyone to whom we reported you as What Will Happen After We Receive Your delinquent, and we must let those While investigate, the same rules above. to the disputed ted amount as discussed above. Letter - organizations know when the matter has After we finish our investigation, we will tell When we receive your letter, we must do two been settled between us. you our decision. At that point, if we think you things: If we do not follow all of the rules above, you owe an amount and you do not pay, we may 1. Within 30 days of receiving your letter, we do not have to pay the first $50 of the amount report you as delinquent. must tell you that we received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. CMAEUACM0000102 Page 9 of 9 NMERKA N The Optimal' Platinum Card p. 1/3 E�RE55 ® DONALD O CARL Closing Date 03/28/13 Account Ending 9 -12004 New Balance Earn points on all of your $5,448.67 purchases, everywhere you use Minimum Payment Due $792.00 the Card. Includes the past due amount of $726.00 Visit www.americanexpress.com /rewards Payment Due Date 04/22/13 Account Summary Late Payment Warning: If we do not receiveyour Minimum Payment Due by Previous Balance $5,448.67 the Payment Due Date listed above, you may have to pay a late fee of up to Payments /Credits 40.00 $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24 %. New Charges +$0.00 Fees +$0.00 Interest Charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $5,448.67 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $792.00 example: Credit Limit $5,100.00 If you make no additional You will payoff the balance And you will pay an AvailableCredit $0.00 charges and each month you shown on this statement in estimated total of pay • about... Cash Advance Limit $0.00 Only the Available Cash $0.00 Minimum Payment Due 15 years 10,307 Days in Billing Period: 31 if you would like information about credit counseling services, call 1- 888 - 733 -4139. Customer Care 0 See page 2for important information about your account PaybyComputer americanexpress.com /pbc Your account is past due and overlimit. If you would like to Customer Care Pay by Phone receive e-mail alerts about payments, spending or fraud protection, 1 - 800 - 9 64-8542 1. 800 - 472 -9297 you can sign up at americanexpress.com /alerts Seepage 2 for additional information. Q This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. + Please fold on the perforation below, detach and return with your payment + ® PaymentCoupon Pay by Computer �Pay byPhone Account Ending 9-12004 Do not staple or use paper clips americanexpress.com /pbc 1- 800.472 -9297 Enteraccount number on all documents. Make check payableto American Express. nnur�llr�l�llhllllh����ll�lllll��lllllhll "Illnlulllgl DONALD O CARL Payment Due Date 3114 COLUMBIA AVE 04/22/13 CAMP HILL PA 17011 -5222 New Balance $ 5,448.67 Minimum Payment Due $792.00 ( 11' II11I111" 1' 1I1 Jill rld11 1111111�IL1�11Illllllllllllllllrlll Check here ifyouraddressor AMERICAN EXPRESS $ • phone number has changed. P.O. BOX 1270 Amount Enclosed Note changes on reverse side. NEWARK NJ 07101 -1270 0000349991337275572 000544867000079200 24 H Exhib " ^ " DONALD O CARL Account Ending 9 -12004 p. 213 Payments :Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting maybe delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless particular rate is required bylaw. Please do not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect onus without our express prior written approval. We will re- present to yourfinancial institution any payment that is returned unpaid. You may pay more than the Minimum Payment Due, up to your New Balance, at anytime. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other assetaccount We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unlessthe check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement If we cannot collect the funds electronically we may issuea draft against your depositor other asset account for the amount of the check (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request Payments using such services of ours received after 8.00 p.m. MST may not be credited until the next day. Now We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in doilycompoundingofinterest Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign CurrencyCharges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it We will chargea fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is S 1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in your credit report. a Customer Care& Billing Inquiries 1-800- 964 -8542 Hearingimpaired Website: americanexpress.com InternationalCollect 1- 336 -393 -1111 TTY:1 -800 -221 -9950 Mobile Site: amexmobile.com 4-8 LargePrint & Braille Statements 1- 800 - 96542 FAX: 1- 800.695 -9090 IN Express Cash 1- 800-CASH -NOW In NY. 1-800-522-1897 Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK N1 79998 -1535 07101 -1270 Changeof Address If correct on front do not use. • To change your address online, visit wwwzmeri canexpress .com/updatecontactinfo Pay Your Bill with AutoPay • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Avoid late fees • Please print clearly In blue or black Ink only In the boxes provided. Save time Deduct your payment from your bank Street address account automatically each month City, state visit americanexpresscom /autopay today to enroll. Zlp Code Area Code and Home Phone Area Code and Work Phone (, I I For infomwtion on how we protect your Email privacy and to set your communication and privacy choices, please visit www.americanexpresscom /privacy. M F; The Optima® Platinum Card DONALD O CARL p 313 Closing Date 03/28/13 Account Ending 9 -12004 Fees Total Fees for this Period Amount $0.00 Interest Charged Amount Total interest Charged for this Period $0.00 F201 3 Fees and Interest Totals Year -to -Date Fees in 2 0 Amount 13 Total Interest in 2013 $0.00 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 15.24 %(v) $0.00 $0.00 Cash Advances Total 25.24% (v) $0.00 $0.00 M Variable Rate $0•00 VERIFICATION I, Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. By: Date: May 23, 2013 Demetrios H. Tsarouhis, Esquire 130197.001 5 ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny NAnderson '. F\Sheriff � 3h� � OF T. ---0�AD�0TARY JodyS Smith ~* U� �n �� �� � � Chief Deputy 2013 J0., �v ^ ^' ° ' ^ Richard VVStewart W�� -' -~-- CU ` ` 3o��ur w��sOF�Ewwsn�F = ^~~���`f}U&M8/\ . ~.- - American Express Centurion Bank, a Utah state charted bank ' Case Number '- | �O133078 Donald Carl - | -- �- -'�- SHERIFF'S RETURN OF SERVICE 06/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Carl, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 3114 Columbia Avenue, Camp Hill Borough, Camp Hill, PA 17011. Residence is vacant. Per the Camp Hill Postmaster on address ofP.U. Box 644. Camp Hill, PA17OO1 n physical address was not provided, a clerk at the Camp Hill Post Office informed this office that they were told the defendant is homeless and has no physical address. SHERIFF COST: $49.A5 ' SO ANSWERS, � June 14.2013 0]NNYR ANDERSON, SHERIFF (C)x=ntyuUROahedff.Teleos=^= COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION—LAW -O 'g: American Express Centurion Bank,a f`t Utah state chartered bank, : Plaintiff . -0 © C3 v. No. 13-3078 DONALD CARL, • Defendant 130197.001 • • PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A. 1. ❑ The within suit is Settled, Discontinued, Ended and costs paid. 2. ❑ The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. ® The within suit is Settled,Discontinued, Ended WITHOUT Prejudice and costs paid. * * * * * B. 1. ❑ Satisfaction of the Award in the within suit is acknowledged. 2. El Satisfaction of Judgment,with interest and costs, in the within matter is acknowledged. * * * * * C. ❑ Other: By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: October 3, 2013 COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Centurion Bank,a Utah state chartered bank, Plaintiff • v. • No. 13-3078 DONALD CARL, Defendant 130197001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: DONALD CARL 3114 COLUMBIA AVE CAMP HILL PA 17011 By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: October 3, 2013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW American Express Centurion Bank,a Utah state chartered bank, • Plaintiff • No. 13-3078 rim r*1 :•. :r_41 -�r cn r' DONALD CARL, • -<> ` Defendant • <Q - 130197.001 C., a 73 xj. CJ C.)F, PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OA ^> TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated,the following on the records thereof: A. 1. ❑ The within suit is Settled,Discontinued, Ended and costs paid. 2. ❑ The within suit is Settled,Discontinued,Ended WITH Prejudice and costs paid. 3. ® The within suit is Settled,Discontinued, Ended WITHOUT Prejudice and costs paid. * * * * * B. 1. ❑ Satisfaction of the Award in the within suit is acknowledged. 2. ❑ Satisfaction of Judgment,with interest and costs, in the within matter is acknowledged. * * * * * C. ❑ Other: 6946, By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown,PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: January 3, 2014 4q 60 Pfl Laag7 p 3004'/0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Centurion Bank,a Utah • state chartered bank, • Plaintiff v. : No. 13-3078 • DONALD CARL, • Defendant • 130197001 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: DONALD CARL 3114 COLUMBIA AVE CAMP HILL PA 17011 : B Y � 1 LLB Demetrios H. Tsarouhis 21 S. 9th St. Allentown,PA 18102 Phone: (610) 628-2440 Fax: (610)465-8844 Date: January 3, 2014