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HomeMy WebLinkAbout13-3079 Supreme C© nnsylvania Con �C0`�n leas For Prothonotary Use Only. P Docket No: Cu and County 1 . 3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or ru of court. Commencement of Action: S El Complaint [3 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, a Federal Savings Bank KENNETH HEISER T Dollar Amount Requested: El 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 IS No Is this an MDJAppeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: DEMETRIOS H TSAROUHIS 130178 ® 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 [3 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution M Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ` ® Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S ® Product Liability (does not include mass tort) 13 Employment Dispute: E ®Slander/LibeU Defamation Discrimination C 13 Other: ® Employment Dispute: Other ® Zoning Board Other: T I ® Other: O MASS TORT 0 Asbestos N ® Tobacco ® Toxic Tort - DES ® Toxic Tort -Implant REA PROPERTY MISCELLANEOUS ® Toxic Waste [3 Other: ® Ejectment ® Common Law /Statutory Arbitration B E3 Eminent Domain /Condemnation 13 Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute ® Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition Q Replevin ® Legal ® Quiet Title 3 Other: ® Medical ® Other: ® Other Professional: Updated 1/112011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION – LAW American Express Bank FSB, a Federal Savings Bank Plaintiff V. No. /3 —7Q l.�lu�� -,� _ KENNETH HEISER , ° w r, Defendant z M 3�- r � w c s` • 130178.007 2y D CD _n :z NOTICE TO DEFEND v Cz ra 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 ? CL Carlisle, Pennsylvania - ► !a 3. 7S telephone number 717 - 249 -3166 3 9,, I do hereby certify that the within is a true and correct cgpy of the original filed in this action. 1 ` u� I \) Demetrios H Tsarouhis COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW American Express Bank FSB, a Federal Savings Bank, Plaintiff V. No. KENNETH HEISER, Defendant • 130178:001/ COMPLAINT Plaintiff, American Express Bank FSB, a Federal Savings Bank, by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, American Express Bank FSB, a Federal Savings Bank, ("Plaintiff') is a UT business corporation having its corporate offices at 4315 S 2700 W, Salt Lake City UT 84184. , 2. Defendant, KENNETH HEISER , is an adult individual resident of Pennsylvania who maintains an address at 1000 SANDBANK RD 127 , MOUNT HOLLY SPRINGS -PA 17065. 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 * * * * * * * * * *62005. 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. 2 6. Defendant used the credit card with account number ending in **********62005, 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 03/05/2012 and Defendant has failed to pay any amounts since that time. 10. The principal amount due at such time was $4,942.43. 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 $4,942.43 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. 3 14. Defendant received and accepted the benefit of said credit provided by Plaintiff. 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 $4,942.43. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $4,942.43 due on the account; b) Costs of suit. Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorny for Plaintiff 21 S. 9 Street —Suite 200 Allentown, PA 18102 610 -439 -1500 Date: May 21, 2013 130178.001 4 AMERICAN P. 9/9 E�RE55 Re: Business Gold Card Account ending in: 62005 06/08/2011 Dear Kenneth W Heiser, We'd like to inform you that we're changing the returned payment fee and the minimum due for Pay Over Time balances. These changes are summarized below. In an ongoing effort to be clear and transparent, we've rewritten your Cardmember Agreement so it's easier to use and understand. We've enclosed your new Cardmember Agreement, where you can find information about how your account works. You can learn more about how to manage your card account and protect your credit with simple tips, advice, and explanations by visiting www.open.comismartcredit. Im The following is a summary of changes to your account terms. For more detailed information, please see the reverse side of this letter. ev Terms as of g s 20 Returned Payment Fee $35 Pay Over Time Minimum Due The minimum due for Pay Over Time balances will be at least $35. However, it will not exceed the Pay Over Time New Balance shown on the statement. Thank you for your Cardmembership. We look forward to continuing to serve you. Sincerely, American Express See reverse side for important information. CMAEUALE0000107 Exhib " �_" Notice of Changes to the Enclosed Cardmember Agreement The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement ( "Agreement") governing your Account referenced in or with this notice. Any language in the enclosed Agreement contrary to or conflicting with terms amended herein is replaced fully and completely. All terms of that Agreement not amended herein remain in full force and effect. These changes apply to existing balances and future balances on your Account. We urge you and any Additional Cardmembers on your Account to read this notice carefully and file it along with your Agreement in a safe place for future reference. 'Returned Payment Fee On August 1, 2011, we are reducing your Returned Payment Fee to $35. Accordingly, effective August 1, 2011, the Returned Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and replaced with 135 ". Also effective August 1, 2011, the description of how the Returned Payment Fee works on Page 2 is deleted and replaced with the following: . "$35 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a Penalty APR for Pay Over Time balances. See When the penalty APR will apply above." Pay Over Time Minimum Due On August 1, 2011, we are increasing the minimum payment due for Pay Over Time balances. Accordingly, effective August 1, 2011, we are changing the amount shown in line (3) of How we calculate your Minimum Payment Due in Part 2 of the enclosed Cardmember Agreement from $20 to $35. (The same change applies to the example shown in that section.) Also effective August 1, 2011, the dollar amount shown in the last paragraph of Adjusting your Minimum Payment Due is deleted and replaced with $210. CMAEUALE0000107 AMERICAN EGRESS m Cardmember Agreement: Part 1 of 2 As of: 06/08/2011 Business Gold Card Company Name: KENNETH HEISER CABMK Issuer: American Express Bank, FSB Cardmember Name: Kenneth W Heiser Account Ending In: 62005 Fees Table Annual Membership Fee $75 Transaction Fees • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment $35 or 2.99% of the past due amount, whichever is greater. • Returned Payment $38 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. CMAEUAA00000111 Page 1 of 9 How Rates and Fees Work Rates for Pay Over O ver Time features in Part 2 of this Agreement When the penalty The Penalty APR applies to Pay Over Time balances if: APR will apply • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which its due 3 times in 12 billing periods, • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not.pay it by the Closing Date of the next billing period, or • your payment is returned by your bank. How long the penalty The penalty APR will apply until after you have made timely payments, with no returned payments, APR will apply for 12 billing periods in a row. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $35 for each additional card. Late Payment $35 (Iowa $15) if you do not pay the Amount Due on a billing statement before the'loth day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (Iowa $15). For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the greater of $35 or 2.99% of any amount past due (Iowa $15). Paying late may also result in a Penalty APR. See When the penalty APR will applyabove. Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a Penalty APR. See When the penalty APR will applyabove. 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. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting charges made in a foreign currency. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000111 Page 2 of 9 AMERICAN EXPRESS Cardmember Agreement: Part 2 of 2 Co 27743 How your American Express Account Works Introduction About your This document together with Part 1 make up the When you or an Additional Cardmember, as defined Cardmember Cardmember Agreement (Agreement) for the Account below, use the Account (or sign or keep a card), you and Agreement identified on page 1 of Part 1. Any supplements or the Additional Cardmember agree to the terms of the amendments are also part of the Agreement. Agreement. Words we use in We, us, and our mean the issuer shown on page 1 of Card means any card or other device that we issue to the Agreement Part 1. Except as provided below, Bask Cardmember access the Account. A charge is any amount added to the means the person who applied for this Account or to Account, such as purchases, fees and interest charges. A whom we address billing statements. Company means purchase is a charge for goods or services. the business for which the Account is established. You To pay by a certain date means to send your payment so and your mean the Basic Cardmember and the that we receive it and credit it to your Account by that date Company. You agree, jointly and severally, to be bound by the terms of this Agreement. (see About your payments in Part 2). Additional At your request, we may issue cards to Addrdonal You must tell Additional Cardmembers that: Cardmembers Cardmembers. They do not have accounts with us but • we may obtain, provide and use information about they can use your Account subject to the terms of this them. Agreement. • their use of the Account is subject to this Agreement. You are responsible for all use of the Account by You authorize us to give Additional Cardmembers Additional Cardmembers and anyone they allow to use information about the Account and to discuss it with them. the Account. You must pay for all charges they make. If you want to cancel an Additional Cardmembers right to You must share this agreement with all Additional use your Account (and cancel their card) you must Cardmembers. tell us. Replacement Basic You must tell us if the Basic Cardmember is no longer obligations and liabilities of the Basic Cardmember under Cardmember an employee or officer of the Company or does not want this Agreement, as of the date that such person replaces to be the Basic Cardmember. In that case, you must the Basic Cardmember. That person is subject to our either close the Account, or propose another person to approval. replace the Basic Cardmember. You agree that the Basic Cardmember remains the Basic If you propose another person to replace the Basic Cardmember until we approve a replacement or the Cardmember, that person must agree to assume the Account is closed. About using your card Using the card You may use the card to make purchases. You may also You, or any Additional Cardmembers, may arrange for use the card at an ATM to get cash from a checking certain merchants to charge the Account at regular account you designate. intervals. We may (but are not required to) tell these Each Cardmember acknowledges and agrees that cards merchants about the Account status or changes to your are intended to be used for the Company's commercial card number or expiration date. You must notify the or business purposes. merchants directly if you want them to stop charging the Account. We decide whether to approve a charge based on how you spend and pay on this Account and other accounts Keep your card safe and don't let anyone else use it. If you have with us and our affiliates. We also consider your card is lost or stolen or your Account is being used your credit history and your personal resources that we without your permission, contact us right away. You may know about. not use your Account for illegal activities. Promise to pay You promise to pay all charges, including: • charges that Additional Cardmembers make or permit • charges you make, even if you do not present your others to make. card or sign for the transaction, Additional Cardmembers agree to be personalty liable for • charges that other people make, whether or not you or charges made using their card. We may seek payment an Additional Cardmember intend to let them use the from them for charges made on their card if neither the Account, subject to applicable law, and Company nor the Basic Cardmember pay us. Declined We may decline to authorize a charge. Reasons we may We are not responsible for any losses you incur if we do transactions do this include suspected fraud and our assessment of not authorize a charge. And we are not responsible if any your creditworthiness. This may occur even if your merchant refuses to accept the card. Account is not in default. CMAEUACM0000107 Page 3 of 9 About Pay Over We may add features to the Account that allow you to than a certain dollar amount. We will tell you this amount Time features pay certain charges over time. These features include when you enroll, and it is subject to change. We will tell Sign & TraveP and the Extended Payment Option. you if we change it. Certain charges are not eligible, such If you enroll in Sign & Travel, we will automatically place as cash and similar transactions. eligible travel- related charges into a Pay Over Time We will not place any charge into a Pay Over Time balance. Some examples are airline and cruise ship balance if it causes the total of your Pay Over Time tickets, hotels, car rentals and charges made outside the balances to go over $20,000. We will tell you if we U.S. change that amount. You must pay in full all charges that If you enroll in the Extended Payment Option, we will are not placed into a Pay Over Time balance upon receipt automatically place all eligible charges into a Pay Over of the billing statement. We may change which charges Time balance. A charge is eligible if it equals or is more are eligible to be placed into a Pay Over Time balance. About your payments When you must pay Payment of the New Balance is due upon receipt of your Each statement also shows a Closing Date. The Closing statement. If a statement includes a Pay Over Time Date is the last day of the billing period covered by the balance, it will show a Minimum Payment Due. In this statement. Each Closing Date is about 30 days after the case, you must pay at least the Minimum Payment Due previous statements Closing Date. by the Payment Due Date. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. How to make Make payments to us in U.S. dollars with: statement. If we receive it after that time, we will credit the payments • a single check drawn on a U.S. bank, or payment on the day after we receive it. • a single negotiable instrument clearable through the If your payment does not meet the above requirements, U.S. banking system, for example a money order, or there may be a delay in crediting the Account. This may • an electronic payment that can be cleared through the result in late fees and additional interest charges (see U.S. banking system. How Rates and Fees Work on page 2 of Part 1). When making a payment by mail: If we decide to accept a payment made in a foreign • make a separate payment for each Account, currency, we will choose a rate to convert your payment • mail your payment to the address shown on the into U.S. dollars, unless the law requires us to use a payment coupon on the billing statement, and particular rate. • write the Account number on your check or 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 will payment marked with any restrictive language, that will credit it to the Account as of the day we receive it, as have no effect on our rights and will not change this A reement. long as we receive it by the time disclosed in the billing g How we apply If a statement includes a Pay Over Time balance, it will After the Minimum Payment Due has been paid, we apply payments show a Minimum Payment Due. The Minimum Payment payments to the remaining Pay Over Time balances. and credits Due is the Pay In Full New Balance plus the Pay Over When we do this, we apply payments first to the balance Time Minimum Due. with the lowest interest rate and then to balances with If you have a Pay Over Time balance, we generally higher interest rates. apply payments up to the Minimum Payment In most cases, we apply a credit to the same balance as Due first to the Pay Over Time Minimum Due and then the related charge. We may apply payments and credits to the Pay In Full New Balance. within balances, and among balances with the same in- terest rate, in any order we choose. CMAEUACM0000107 Page 4 of 9 gMERIC/W E7�RE55 About your Minimum Payment Due How we calculate The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. your Minimum To calculate the Pay Over Time Minimum Due for each Payment Due statement, we start with the highest of the following EXAMPLE: Pay Over Time Minimum Due three amounts: (1)1 /36th of the Pay Over Time New Balance; or Assume that your Pay Over Time New Balance is (2) interest charged on the statement plus I% of the $3,000, interest is $29.57 (see the example on the Pay Over Time New Balance (excluding interest on next page), and you have no Pay Over Time the statement), not to exceed 4% of the Pay Over amounts past due. Time New Balance; of (1) $3,000136=$63.33 (3) $20. (2) $9.57 + 1 % x ($3,000 - $29.57) = $59.27 Then we round to the nearest dollar. After that, we add (3) $20.00 any Pay Over Time amount past due. The highest of the three amounts is $63.33. However, your Pay Over Time Minimum Due will not So the Pay Over 71me Minknum Due is $83.00. ex ceed you Pay Over Time New Balance. Adjusting your Pay If you regularly pay more than the Minimum Payment Due described above, we may adjust the Pay Over Time Over Time Minimum Minimum Due in future billing periods. This may let you make a smaller minimum payment from time to time. But if Due you then do not regularly pay more than the Minimum Payment Due described above, we will stop making the adjustment and return to the formula above. If we start or stop making the adjustment, we will do so for at least six billing periods in a row. To adjust the Pay Over Time Minimum Due, we will not add 1% of the Pay Over Time New Balance in (2). Then, if (2) is the highest (but less than 4 of the Pay Over Time New Balance), we will add $15. We will do this if over six billing periods the sum of payments credited to your Pay Over Time balance is more than the sum of the Pay Over Time Minimum Dues (not adjusted, except any Pay Over Time 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 Pay Over Time Minimum Dues (not adjusted) is not more than $120 and equals the sum of payments credited to your Pay Over Time balance. However, we will not make the adjustment if the sum of the Pay Over Time Minim Dues is zero and we did not adjust the Pay Over Time Minimum Due the last time it was not zero. About interest charges When we charge We charge interest on charges that are added to a Pay Over Time balance beginning on the transaction date. interest However, you can avoid paying interest as follows. If you pay the Account Total New Balance on a Also, we will not charge interest shown on a statement if statement by the Closing Date shown on the next the Account Total Previous Balance on that statement is statement, then on that next statement we will not zero or a credit balance. charge interest. CMAEUACM0000107 Page 5 of 9 How we calculate We calculate interest for a billing period by first calculating interest on each balance within each feature. Balances Interest within each feature such as Sign & Travel and Extended Payment Option may have different interest rates. We use the Average Daily Balance method (including Daily Balance new transactions) to calculate interest charges for each For each day a DPR is in effect, we calculate the daily balance. The total interest charged for a billing period is balance by: the sum of the interest charged on each balance. • taking the beginning balance for the day, Interest • adding any new charges, The interest charged for a balance in a billing period, • subtracting any payments or credits; and except for variations caused by rounding, equals: • making any appropriate adjustments. • Average Daily Balance (ADB) x We add a new charge to a daily balance as of its • Daily Periodic Rate (DPR) x transaction date. • number of days the DPR was in effect. Beginning balance ADB For the first day of a billing period, the beginning balance To get the ADB for a balance, we add up its daily is the ending balance for the prior billing period, including balances. Then we divide the result by the number of unpaid interest. For the rest of the billing period, the days the DPR for that balance was in effect. If the daily beginning balance is the previous days daily balance plus balance is negative, we treat it as zero. an amount of interest equal to the previous day s daily DPR balance multiplied by the DPR for that balance. This A DPR is 1/365th of an APR, rounded to one ten- method of calculating the beginning balance results in thousandth of a percentage point. Your DPRs are shown daily compounding of interest. in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes, the new DPR may come into effect during not just at the beginning of the billing EXAMPLE: Calculating Interest period. When this happens, we will create a new balance Assume that you have a single interest rate of and apply the new DPR to it. To get the beginning balance 15.99 %, your ADB is $2,250 and there are 30 days on the first day for this new balance, we multiply the in the billing period. previous day's daily balance by the old DPR and add the The DPR Is 15.99% =365 days = 0.0438% result to that day's daily balance. Other methods Interest is $2,250 x 0.0438% x 30 days = $29.57 To calculate the ADB 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. Determining the We use the Prime Rate from the Money Rates section use the Prime Rate from any other newspaper of general Prime Rate (or successor section) of The Wall Street Journal. The circulation in New York, New York. Or we may choose to Prime Rate for each billing period is the Prime Rate use a similar published rate. published in The Wall Street Journal days before the If the Prime Rate increases, variable APRs (and Closing Date of the billing period. corresponding DPRs) will increase. In that case, you may The Wall StreetJoumal may not publish the Prime Rate pay more interest and may have a higher Minimum on that day. If it does not, we will use the Prime Rate Payment Due. When the Prime Rate changes, the from the previous day it was published. If The Wall resulting changes to variable APRs take effect as of the Street Journal is no longer published, we may first day of the billing period. Other important information Changing the We may change the terms of, or add new terns to, this This written Agreement is a final expression of the Agreement Agreement. We may apply any changed or new terms agreement governing the Account. The written Agreement to any existing and future balances on the Account, may not be contradicted by any alleged oral agreement. subject to applicable law. Converting charges If you make a charge in a foreign currency, we will government agency or the highest interbank rate we made in a foreign convert it into U.S. dollars on the date we or our identify from customary banking sources on the currency agents process it. Unless a particular rate is required conversion date or the prior business day. This rate may by law, we will choose a conversion rate that is differ from rates that are in effect on the date of your acceptable to us for that date. The rate we use is no charge. We will bill charges converted by establishments more than the highest official rate publi by a (such as airlines) at the rates they use. Changing your You must notify us immediately if you change the: If you have more than one account, you need to notify us billing address • mailing address to which we send billing statements separately for each account. • email address to which we send notice that the We may update your billing address if we receive billing statement is available online. information that it has changed or is incorrect. • telephone and fax numbers. • legal entity of the Company. • tax identification number. CMAEUACM0000107 Page 6 of 9 C ERICAN , Closing your You may instruct us to close the Account by calling us The Basic Cardmember and the Company remain jointly Account or writing to us. The Basic Cardmember agrees to and severally liable for all Charges made on the Account. inform the Company prior to instructing us to do so. Cancelling or We may: We may do any of these things at our discretion, even if suspending • cancel the Account. you pay on time and the Account is not in default. your Account • suspend the ability to make charges. If the Account is cancelled, you must destroy all cards. • cancel or suspend any feature on the Account. • notify merchants that the Account has been We may agree to reinstate the Account after a cancelled or suspended. cancellation. If we do this, we may: • reinstate any cards, including additional cards. If we do any of these, you must still pay us for all . charge you any applicable fees, including annual fees. charges under the terms of this Agreement. • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider the Account in default, we may: • you violate a provision of this Agreement, • suspend the ability to make charges. • you give us false information, • cancel or suspend any feature on the Account. • you file for bankruptcy, • cancel the Account and require you to pay the Account • you default under another agreement you have with balance immediately. us or an affiliate, • require you to pay more than your Minimum Payment • you become incapacitated or die, or Due 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 or to protect ourselves from loss, harm or risk relating to default. Credit reports You agree that we may obtain credit reports about you credit reporting agency if you fail to comply with any term (and, subject to applicable law, any Additional of this Agreement. This may have a negative impact on Cardmembers), investigate your and any Additional your or any Additional Cardmember's credit report. Cardmembers' ability to pay, and obtain information If you believe information we have given to a credit about you and any Additional Cardmembers from other reporting agency is incorrect, write to us at: American sources. And you agree that we may use such Express Credit Bureau Unit, P.O. Box 981537, El Paso, information for any purposes, subject to applicable law. TX 79998 -1537. When you write to us, tell us the specific You agree that we may give information about the information you believe is incorrect. Account to credit reporting agencies. We may tell a Sending you We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address notices shown on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. Additionally, we may mail notices and information to Additional Cardmembers at their request. We may contact From time to time, we may contact you and any this to ensure the quality of customer service or when it is you Additional Cardmembers about topics ranging from required by law. servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us. owe. We may monitor and record phone calls between To do this, call us at 1- 800 - 297 -8378 or log on to you (or any Additional Cardmembers) and us. We do ww w. americanexpress .com/communicabons About insurance We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer. products non - insurance products, services or features that may Compensation may influence what products and providers have a fee. One of our affiliates may act on behalf of a we or our affiliates tell you about. provider of these products. The affiliate may be We may share information about you with our affiliates so compensated for this. The insurance products are not they can identify products that may interest you. We may offered or sold by us or on our behalf. Our affiliates be compensated for this information. may get additional compensation when Amex Assurance How we handle When you pay us by check, you authorize us to If we do this, your payment may be deducted from your electronic debits electronically deduct the amount from your bank or bank or other asset account on the same day we receive from your checking other asset account. your check. Also, you will not receive that cancelled check account We may process the check electronically by with your bank or asset account billing statement. transmitting to your financial institution: If we cannot collect the funds electronically, we may issue • the amount, a draft against your bank or other asset account for the • the routing number, amount of the check. • the account number, and • the check serial number. ExpressPay Cards issued on the 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. CMAEUACM0000107 Page 7 of 9 Privacy Act of 1974 Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers make notice 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. Change the benefits We ha t h e rig to a dd, modify o r delete any b en e fit, s ervi ce, o r f of the Account at our discretion. Assigning the We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying you. Agreement You may not sell, assign or transfer the 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 and any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And you and any Additional Cardmembers must cooperate with us if we decide to do so. We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and the Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the limitation, any claim, dispute or controversy Arbitration Act, 9 U.S.C. §§ 1 -16, as it may be circumstances and procedures under which that arises from or relates to (a) any of the amended (FAA), provided that any such claims may be arbitrated instead of litigated in accounts created under any of the organization and arbitrator(s) will enforce the court. agreements, or any balances on any such terms of the Restrictions on Arbitration Definitions accounts, (b) advertisements, promotions or subsection set forth below. As used in this Arbitration provision, the term oral or written statements related to any such claim means any claim, dispute or accounts, goods or services financed under Significance of Arbitration controversy between you and us arising from any of the accounts or the terms of financing, IF ARBITRATION IS CHOSEN BY ANY or relating to your Account, this Agreement, (c) the benefits and services. related to PARTY WITH RESPECT TO A CLAIM, the Electronic Funds Transfer Services Cardmembership (including fee -based or free NEITHER YOU NOR WE WILL HAVE THE Agreement, and any other related or prior benefit programs, enrollment services and RIGHT TO LITIGATE THAT CLAIM IN agreement that you may have had with us r or rewards programs), and (d) your application COURT OR HAVE A JURY TRIAL ON THAT the relationships resulting from any of the for any account. We shall not elect to use CLAIM. FURTHER, YOU AND WE WILL NOT above agreements, except for the validity, arbitration under this Arbitration provision for HAVE THE RIGHT TO PARTICIPATE IN A any claim that you property file and pursue in REPRESENTATIVE CAPACITY OR AS A enforceability or scope of this Arbitration provision. For purposes of this Arbitration a small claims court of your state or MEMBER OF ANY CLASS OF CLAIMANTS provision, you and us also includes any municipality so long as the claim is individual PERTAINING TO ANY CLAIM SUBJECT TO corporate parent, or wholly or majority owned and pending only in that court. ARBITRATION. EXCEPT AS SET FORTH subsidiaries, affiliates, any licensees, Initiation of Arbitration BELOW, THE ARBITRATOR'S DECISION predecessors, successors, assigns, any Any claim shall be resolved, upon the election WILL BE FINAL AND BINDING. NOTE THAT purchaser of any accounts, all agents, by you or us, by arbitration pursuant to this OTHER RIGHTS THAT YOU OR WE employees, directors and representatives of Arbitration provision and the code of WOULD HAVE IF YOU WENT TO COURT any of the foregoing, and other persons procedures of the arbitration organization to ALSO MAY NOT BE AVAILABLE IN ARBITRATION. referred to below in the definition of claims. which the claim is referred in effect at the time Claim includes claims of every kind and the claim is filed (code), except to the extent Restrictions on Arbitration nature, including but not limited to, initial the code conflicts with this Agreement. IF EITHER PARTY ELECTS TO RESOLVE A claims, counterclaims, cross- claims and third- Claims shall be referred to either JAMS or the CLAIM BY ARBITRATION, THAT CLAIM parry claims and claims based upon contract, American Arbitration Association (AAA), as SHALL BE ARBITRATED ON AN tort, fraud and other intentional torts, statutes, selected by the parry electing to use INDIVIDUAL BASIS. THERE SHALL BE NO regulations, common law and equity. Claim arbitration. If our selection of either of these RIGHT OR AUTHORITY FOR ANY CLAIMS also includes claims by or against any third organizations is unacceptable to you, you TO BE ARBITRATED ON A CLASS ACTION party using or providing any product, service may select the other organization within 30 BASIS OR ON BASES INVOLVING CLAIMS or benefit in connection with any account days after you receive notice of our selection. BROUGHT IN A PURPORTED (including, but not limited to, credit bureaus, For a copy of the code, to file a claim or for REPRESENTATIVE CAPACITY ON BEHALF third parties who accept the card, third parties other information, contact either: JAMS,(1920 OF THE GENERAL PUBLIC, OTHER who use, provide or participate in fee -based Main St #300, Irvine, CA 92614 or CARDMEMBERS OR OTHER PERSONS or free benefit programs, enrollment services jamsadr.com) or AAA (335 Madison Ave, SIMILARLY SITUATED. The arbitrator's and rewards programs, credit insurance New York, NY 10017 or adr.org). authority to resolve claims is limited to claims companies, debt collectors and all of their between you and us alone, and the agents, employees, directors and In addition to the organizations listed above, claims may be referred to any other arbitrator's authority to make awards is limited representatives) if and only if, such third party arbitration organization that is mutually to awards to you and us alone. is a parry in connection with the claim. The Furthermore, claims brought by you against term claim is to be given the broadest agreed upon in writing by you and us, or to an us, or by us against you, may not be joined or 5 possible meaning that will be enforced and arbitration organization arbitrator(s) consolidated in arbitration with claims brought includes, by way of example and without appointed pursuant to § 5 of the Federal by or against someone other than GMAEUACM0000107 Page 8 of 9 continued on next page... F H N ...continued from previous page governed by any federal or state rules of civil Payment of Fees procedure or rules of evidence. Any party You will be responsible for paying your share, you, unless agreed to in writing by all parties. may request that the arbitrator expand the if any, of the arbitration fees (including filing, No arbitration award or decision will have any scope of discovery by doing so in writing and administrative, hearing and/or other fees), but preclusive effect as to issues or claims in any copying any other parties, who shall have 15 only up to the amount of the filing tees you dispute with anyone who is not a named party days to make objections. The arbitrator will would have incurred if you had brought a to the arbitration. Notwithstanding any other notify the parties of his/her decision within 20 claim in the state or federal court closest to provision of this Agreement (including but not days of an limited to the Continuation subsection below) y any objecting Party's submission. The your billing address that would have had arbitrator shall take reasonable steps to. jurisdiction. We will be responsible for any and without waiving either party's right to preserve privacy. The arbitrator's award shall additional arbitration fees. At your written appeal such decision, should any portion of be final and binding, except for any right of request, we will consider in good faith making this Restrictions on Arbitration subsection be appeal provided by the FAA; however, either a temporary advance of all or part of your deemed invalid or unenforceable, then the party shall have 30 days to appeal share of any arbitration fees. You will not be entire Arbitration provision (other than this assessed any arbitration fees in excess of sentence) shall not apply. that decision by notifying the arbitration your share If you do not prevail in any Arbitration Procedures organization and any other parties in writing. arbitration with us. This Arbitration provision is made pursuant to The organization will then appoint a three- Continuation transactions involving interstate commerce arbitrator panel which shall consider anew This Arbitration provision shall survive and shall be governed by the FAA. The any aspect of the decision objected to by the termination of your Account; voluntary arbitration shall be governed by the applicable appealing party. The panel shall issue its payment of the Account balance in full by you; code, except that this Agreement shall apply if decision, by majority vote, within 120 days of any legal proceeding by you or us to collect a there are any conflicts. The arbitrator shall the appealing party's written notice. Judgment debt owed by the other; any bankruptcy by apply applicable substantive law consistent upon any award rendered by the arbitrator or you or us; and any sale by us of your Account with the FAA and applicable statutes of panel may be entered in any court having (in the case of a sale, its terms shall apply to limitations, shall honor claims of rivile a jurisdiction. the buyer of our Account). If an p g y y ) y portion of recognized at law, and, at the timely request Location of Arbitration this Arbitration provision, except as otherwise of either party, shall provide a brief written Arbitration hearings you attend shall take provided in the Restrictions on Arbitration explanation of the basis for the decision. place in the federal judicial district of your subsection, is deemed invalid or The arbitration proceeding shall not be residence. unenforceable, it shall not invalidate the r e m aining portions of this provision. _Billing Dispute Procedure What To Do If You Find a Mistake on Your errors and you may have to pay the amount After we finish our investigation, one of two Statement in question. things will happen: If you think there is an error on your • if we made a mistake: You will not have to statement, write to us at: What Will Happen After We Receive Your Letter pay the amount in question or any interest American Express When we receive your letter, we will do two or other fees related to that amount. PO Box 981535 • If we do not believe there was a mistake: El Paso TX 79998 -1535 things: You will have to pay the amount in question, 1. Within 30 days of receiving your letter, we In your letter, give us the following will tell you that we received your letter. We along with applicable interest and fees. We information: will also tell you if we have already will send you a statement of the amount you • Account information: Your name and corrected the error. owe and the date payment is due. We may account number. 2. Within 90 days of receiving your letter, we then report you as delinquent if you do not • Dollar amount: The dollar amount of the will either correct the error or explain to you pay the amount we think you owe. suspected error. why we believe the bill is correct. If you receive our explanation but still believe • Description of problem. If you think there is While we investigate whether or not there has your bill is wrong, you must write to us within an error on your bill, describe what you been an error: 10 days telling us that you still refuse to pay. If believe is wrong and why you believe it is a • We will not try to collect the amount in . you do so, we will not report you as mistake. question, nor report you as delinquent on delinquent without also reporting that you are You must contact us: that amount. questioning your bill. We will tell you the name • Within 60 days after the error appeared on • The charge in question may remain on your of anyone to whom we reported you as your statement. statement, and we may continue to charge delinquent, and we will let those organizations • At least 3 business days before an you interest on that amount. know when the matter has been settled automated payment is scheduled, if you • While you do not have to pay the amount in between us. want to stop payment on the amount you question, you are responsible for the If we do not follow all of the rules above, you think is wrong_ remainder of your balance. do not have to pay the first $50 of the amount You must notify us of any potential errors in ' We can apply any unpaid amount against you question even if your bill is correct. writing. You may call us, but if you do we are your credit limit. not required to investigate any potential CMAEUACM0000107 Page 9 of 9 AMERICAN Business Gold Card p 1/5 ExaRess KENNETH HEISER CABMK sm KENNETH W HEISER Closing Date 12/11/12 Account Ending 2 -62005 New Balance $4,942.43 Earn points on all of your Includes the past due amount of $4,942.43 purchases, everywhere you use the Card Please Pay By 12/26/12 visit open.americanexpress.com/ sma I I businessrewards Account Summary P Seepage 2 for important information about your account Previous Balance $5,042.43 Payments /Credits - $100.00 O Your account is cancelled New Charges +$0.00 Fees +$0.00 New Balance $4,942.43 Days in Billing Period: 32 Customer Care m PaybyComputer open.com /pbc Customer Care Pay by Phone 1- 800 -492 -3344 1- 800 -472 -9297 Seepage 2 for additional information. Please fold on the perforation below, detach and return with your payment ® PaymentCoupon �PaybyComputer �PaybyPhone Account Ending 2-62005 Do not staple or use paperclips open.com /pbc 1-800- 472_9297 Enter account number on all documents. Make check payable to American Express. KENNETH W HEISER - - KENNETH HEISER CABMK PO BOX 127 ease Pa Please Pay By MT HOLLY SPGS PA 17065 -0127 12 Amount Due �nr��lnll���lu���n��ll�lunn1lul11lin loll I III lhuIIII $4 ,942.43 AMERICAN EXPRESS Check here if your address or P.O. BOX 1270 phone number has changed. NEWARK NJ 07101 - 1270 Note changes on reverse side. 0000349990733617213 000494243000494243 07 H Exhibit " ��_ " KENNETH W HEISER Account Ending 2 -62005 p. 2/5 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. Paymentswe 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 on us without our express prior written approval. We will re- present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your depositor other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial nu m ber to your financial institution, unless the check is not processable electronically or a less costly process is available. Whenwe process your check electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your financial account statement If we cannot collect the funds electronically we may issue draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request Payments using such services of ours received after 890 p.m. MST may not be credited until the next day. Now We Calculate Your Balance: We usethe Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest for Pay Over Time balances 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 calculate the ADB and interest results in daily compoundingofinterest. How to Avoid Paying Interest: If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. Wewillnot charge interest on charges added to a Pay Over Time balance if you pay the Account Total New Balance by the due date each month. Foreign Currency Charges: 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 charge 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 morethan the highest official rate published by a government agency orthe 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 will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $ 1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report Customer tare& Billing Inquiries 1- 800 -492 -3344 Hearingimpaired Website: americanexpress.com International Collect 1- 336- 393 -1111 TfY:1 -800- 221 -9950 Mobile Site: amexmobile.com Large Print& Braille Statements 1- 800 - 492 -3344 FAX: 1-800-695-9090 © 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 NJ 79998 -1535 07101 -1270 Changeof Address if correct on front, do not use. Pay Your Bill with AutoPay • To change your address onl Ine, visit wwwA mericanexpress .com/updatecontactinfo • 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 T J account automatically each month -- Visit americanexpress.com /autopsy City, State today to enroll. 21p Code Area Code and Home Phone Area Code and Work Phone For information on how we protect your privacy and to set your communication Email and privacy choices, please visit =j wwwamericenexpress.com/pdvacy. arH ERIfAN Business Gold Card E7�RE55 KENNETH HEISER CABMK a p. 315 m KENNETH W HEISER Closing Date 12/11/12 Account Ending 2 -62005 Payments and Credits Summary Payments Total Credits -$ 100.00 Total Paymentsand Credits $0'00 - $700.00 Detail *Indicates posting date Payments 11/29/12* AGENCY REMITTANCE Amount $10000 Fees Amount Total Fees for this Period $0.00 2012 Fees and Interest Totals Year -to -Date Total Fees in 2012 Amount Total Interest in 2012 $581.66 $0.00 KENNETH W HEISER Account Ending 2 -62005 p, 4/5 AMERICAN OPEN Savings® Summary P. 5/5 E�RE55 KENNETH HEISER BMK o KENNETH W HEISER Closing Date 12/11/12 Account Ending 2 -62005 Statement Credit This Period $0.00 Year to Date $0.00 Remember, you can get up to 10% statement credits on eligible purchases with OPEN Savings partners. Visit opensavings.com to learn more. Full terms and conditions for the OPEN Savings program are available at opensavings.com 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 21, 2013 Demetrios H. Tsarouhis, Esquire 130178.001 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Fit�.��"E&Ff�C° SheriffPLTi1t3 `C: �1s�, t srptr rP14", Jody S Smith 2$13 JUN 14 PM 19, Chief Deputy , Richard W Stewart I 4 CAU Y Solicitor 0FF'jCF rT� SRERIFP p4ls YLVANEA American Express Bank FSB Case Number vs. 2013-3079 Kenneth Heiser SHERIFF'S RETURN OF SERVICE 06/0712013 06:11 PM-Deputy Dennis Fry, 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: Kenneth Heiser at 1000 Sandbank Rd.#127, Dickinson Twp., Mt. Holly Springs, PA 17065. DEN KS FRY, DEP SHERIFF COST: $35.91 SO ANSWERS, June 10, 2013 RON Y R ANDERSON, SHERIFF (C)CountySuito Shedit,Teleosott,inC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal {, -T', Savings Bank • Plaintiff • ,; ° ; No. 2013-03079 -=3 ' V. �„ KENNETH HEISER Defendants `r 130178.001 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff and against: KENNETH HEISER , for want of Answering the Complaint and Entry of a Defense. Assess damages as follows: Debt $4,942.43 TOTAL $4,942.43 ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. ® Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: D TRIOS H. TSAROUHIS Attorney for Plaintiffs 21 S. 9 Street Allentown, PA 18102 a DA -*AU.Sb pd 81 610-439-1500 1401 Attorney ID 88513 czAk, It 3 \ Mai led NOW, Oa. , 2013,JUDG NT IS ENTERED AS ABO . , ;•thonotary By: A f, I5o /7 S, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW American Express Bank FSB, a Federal Savings Bank, • Plaintiff v. : NO. 2013-03079 • KENNETH HEISER, • Defendant 130173.001 • To: KENNETH HEISER 1000 SANDBANK RD 127 MOUNT HOLLY SPRINGS PA 17065 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S.Bedford Street Carlisle,Pennsylvania- telephone number 717-249-3166 Respectfully Submitted, bEMETRIOS H.TSAROUHIS Attorney for Plaintiff Attorney ID#88513 21 S. 9111 Street Allentown,PA 18102 Tel: (610)439-1500 Date: July 11, 2013 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank Plaintiff : No. 2013-03079 v. KENNETH HEISER Defendants •• 130178.001 CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: The address of the plaintiff, judgment creditor, is 4315 S 2700 W, Salt Lake City UT 84184, and the last known address of the defendant(s),judgment debtor(s) is as follows: KENNETH HEISER 1000 SANDBANK RD 127 MOUNT HOLLY SPRINGS PA 17065 DATE: -2143 D&ETRI'10—tH. TSAROUHIS Attorney for Plaintiffs 21 S. 9 Street Allentown, PA 18102 610-439-1500 Attorney ID 88513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank Plaintiff • v. : No. 2013-03079 KENNETH HEISER Defendants 130178.001 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF LEHIGH : I, Demetrios H. Tsarouhis, being duly sworn according to law, deposes and says that he is the attorney of plaintiffs, that he is authorized to make this affidavit on behalf of plaintiffs;that the above-named defendant KENNETH HEISER reside(s) at 1000 SANDBANK RD 127, MOUNT HOLLY SPRINGS PA 17065 ; and that the defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act and the amendments thereto. 4,,,,,k, Demetrios H. Tsarouhis, Attorney for Plaintiff Sworn and subscribed Before me this 1.6.1, day of604461 , 20i3 i, �, ♦ . ((Aye.) otary P i/ iC NOTARIAL SEAL TAMMY L.COVEN Notary Public CITY OF EASTON,NORTHAMPTON COUNTY My Commission Expires Sep 21,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW American Express Bank FSB, a Federal Savings Bank Plaintiff • No. 2013-03079 v. KENNETH HEISER Defendant •• 130178.001 NOTICE OF FILING JUDGMENT To: KENNETH HEISER 1000 SANDBANK RD 127 MOUNT HOLLY SPRINGS PA 17065 Pursuant to Pennsylvania Rule of Civil Procedure 236, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. • Money Judgment. If you have any questions concerning this notice, please call Attorney Demetrios H. Tsarouhis at this telephone number: 610-628-2440, or, you may contact Attorney Demetrios H. Tsarouhis, Esq. via written correspondence at 21 S. 9th Street,Allentown, PA 18102. r 0 2t hJ DATE: ,Prothonotary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Bank FSB, a Federal . Savings Bank, Plaintiff vs. Ch rz c2 KENNETH HEISER No.: 2013 -03079 ° = 72_7, 1coo Sand batnk d fa7 Defendant Mt I4oI14 And P4170(05 -< z> �, m , �— �-acti, .`mss LT: --7-1 >C? DC -":1 Metro Bank, > r,;, . `iSfob earliSIe Pike Garnishee ..i r Meth , QA I'1050 ....:,- C.11 130178.001 Judgment Amount $4,942.43 Interest Per diem $0.00 Costs $203.75 Poundage (2 %) $0.00 Total $5.146.18 PRAECIPE FOR WRIT OF EXECUTION TO THE CLERK OF COURTS: Issue a writ of execution or attachment upon a judgment in the above matter, (1) direct the Sheriff of CUMBERLAND County: (2) against KENNETH HEISER (Name of Defendant) Following described property of the defendant(s) (3) (Supply four copies of lengthy personality list) (if real property supply six copies of the description) against Metro Bank, garnishee(s) for the following property: Attach any and all funds and assets of the Defendant found in the possession of Garnishee, Metro Bank. (4) and enter this writ in the judgment index (a) against KENNETH HEISER SA oopa A-tr. 35.a1e$r 103.`75 u 1(0.50 185.110 PD ftt 1a5 Due C0 50 L L Ota305 et-303 157 tot, +� Ututl and (b) against Metro Bank, as garnishee(s) as a lis pendens against real property of the defendant in name of garnishee as follows: (Specifically described property) Respectfully Submitted, TSAROUHIS LAW GROUP DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9 Street Allentown, PA 18102 610- 439 -1500 DATE: December 9, 2013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-3079 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 KENNETH HEISER, 1000 Sandbank Rd 127, Mt. Holly Springs, PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 4860 Carlisle Pike, Mechanicsburg, PA 17050 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; (3) 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 $4,942.43 Plaintiff Paid $ Interest Attorney's Comm. % Attorney Paid $185.16 Other Costs $203.75 Date: 3/19/14 ' • (-Se:.41-) REQUESTING PARTY: Name : DEMETRIOS H. TSAROUHIS Address: TSAROUHIS LAW GROUP 21 S. 9TH STREET ALLENTOWN, PA 18102 Attorney for: PLAINTIFF Telephone: 610-439-1500 Supreme Court ID No. 88513 Law Library $.50 Due Prothonotary $2.25 2,,„ea UJIL David D. Buell, Prothonotary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW American Express Bank FSB, a Federal : Savings Bank, Plaintiff VS. KENNETH HEISER : No.:2013-03079 Defendant And Metro Bank, Garnishee 130178.001 -4/Lscous kit) INTERROGATORIES TO: Metro Bank 4860 Carlisle Pike Mechanicsburg PA 17050 rnw U .) O You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to the Defendant on any negotiable or other written instrument, or did the Defendant claim that you owed the Defendant any money or were liable to the Defendant for any reason? If so, for what amount. No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If so, what is the value of the property? 3. At the time you were served or any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the Defendant's direction or otherwise discharge any claim of the Defendant against you? 7. 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 recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. 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? If so, identify each account. 9. At the time you were served or at any subsequent time, did you owe the Defendant any money or were you liable to him regarding an IRA (Individual Retirement Account) at your Bank? 10. At the time you were served or at any subsequent time, did the Defendant maintain a safe deposit box at your Bank? If so, what is the account/identifying number of the safety deposit box? 11. At the time you were served or at any subsequent time did Defendant have any checking, savings, business, money market, Christmas club, certificate of deposits, payroll or any other accounts at your bank? If so, what were the balances in the accounts on the date you were served with the attachment? 12. Have any additional deposits been made into the accounts listed in #11? What amount Respectfully Submitted, TSAROUHIS LAW GROUP DEMETRIOS H. TSAROUHIS Attorney for Plaintiff Attorney ID # 88513 21 S. 9th Street Allentown, PA 18102 610439-1500 DATE:December 9, 2013 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unswom falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist (Title) of Metro Bank, garnishee herein, (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best ofhisij owledge, information and belief. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PEW-I. r -10,i0 i1f R1 201 .1MAR31 PM 2:143 CUMBERLAND COUNTY PENNSYLVANIA American Express Bank FSB vs. Kenneth Heiser Case Number 2013 -3079 SHERIFF'S RETURN OF SERVICE 03/27/2014 10:10 AM - Noah Cline, 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, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Suzzanne R. Yingling, CLC, Senior Customer Service Rep, 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 March 31, 2014 to Kenneth Heiser at 1000 Sandbank Road, 127, Mt. Holly Springs, PA 17065. NOAH CLINE, DEPUTY SO ANSWERS, March 31, 2014 RON R ANDERSON, SHERIFF (q County Suits Shed`, Te easof , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE. OF THE PROTHONOTARY ZVI OCT -AAM ill -A CUMBERLAND COUNTY PENNSYLVANIA American Express Bank FSB vs. Kenneth Heiser Case Number 2013-3079 SHERIFF'S RETURN OF SERVICE 03/27/2014 10:10 AM - Noah Cline, 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, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Suzzanne R. Yingling, CLC, Senior Customer Service Rep, 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 March 31, 2014 to Kenneth Heiser at 1000 Sandbank Road, 127, Mt. Holly Springs, PA 17065. 10/07/2014 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. SHERIFF COST: $89.76 SO ANSWERS, October 07, 2014 (c) CountySuito Sheriff, Teieosoff, Inc. RONRRR ANDERSON, SHERIFF )40 SD t- / - e' 9s -3s-40 AIA 34764