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HomeMy WebLinkAbout13-3563 Supreme Court of Pennsylvania Corr o f Comlmon Pleas For Prothonotarr Use Only: ' �6-vpr. Sheet D Count< Docket No: S'T� Itp .� The information collected on this fonn 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 lath or rules of court.. S Commencement of Action: E ® Complaint El Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T AMERICAN EXPRESS CENTURION BANK VICTOR CLARK A/K/A VICTOR K CLARK 11 Dollar Amount Requested: ® within arbitration limits 0 Are money damages requested? ®Yes [I No (check one) El outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self - :Represented [:Pro Se] 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 ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not t) ❑Employment Dispute: S include mass tor Discrimination E El Slander/Libel/ Defamation El Employment Dispute: Other C ❑ Other: El Zoning Board T ❑ Other: I I I ❑ Other: 0 MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment $ ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 FI1- + U-GF F rCE Y .,� �,I tF;I)THONOTAi;'f Our File No.: 355315 3 JU" - 1 19 A 10 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire CU-MBERLAND COUNTY Attorney I.D. #38423 PENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 NO.: Plaintiff, ) VS. ) VICTOR CLARK A/K/A VICTOR K CLARK ) 116 COLLEGE HILL RD ) ENOLA, PA 17025 ) Defendant. ) NOTICE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717 - 249 -3166 t ,2-a gao3 Our File No.: 355315 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ) NO.. Plaintiff, ) VS. ) VICTOR CLARK A/K/A VICTOR K CLARK ) 116 COLLEGE HILL RD ) ENOLA, PA 17025 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Centurion Bank ( "Plaintiff'), an industrial bank, organized under the laws of the State of Utah with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is /are VICTOR CLARK A/K/A VICTOR K CLARK ( "Defendant "), an adult individual residing at 116 COLLEGE HILL RD ENOLA, PA 17025. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 1007. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and /or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. I , 8. The amount due as of this date is $6,015.82. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,015.82 and requests this Court award costs to the extent permitted by applicable law. APOTH)=R SSOCIATES, P.C. Atto ey f r Plaintiff A Law Firm E gage in Debt Collection f BY: David J. ApokYAbr, Esquire Our File No.: 355315 355315/LI VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. L(t W e DANIELLE NICHOLS Date: 1 I , ASSISTANT CUSTODIAN OF RECORDS Defendant's Name: VICTOR CLARK A/K/A VICTOR K CLARK Account Number: ending in 1007 AMERICAN EXPiiE55 Cardmember Agreement: Part 1 of 2 As of: 10/12/2010 Blue Cash Issuer: American Express Centurion Bank Cardmember Name: Victor K Clark Credit Limit: $5,600 (Cash Advance Limit: $200) Account Ending In: 51007 Rates and Fees Table Interest Rates Annual Percentage Rate 1 7.24% (APR) for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 17.24% 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 returned. 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 http: / /www,federa ireserve.aovlcred itca rd 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 11 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 + 13.99% 17.24% 0.0472% Balance Transfer Prime + 13.99% 17.24% 0.0472% 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). We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. You may have up to 3 additional cards at no charge. Late 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 balances 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 11 AMERICAN - EXPRESS Supplement to the Cardmember Agreement How Your Reward Program Works Blue Cash How you receive You will receive Blue Cash Reward Dollarssm Eligible purchases do NOT include: reward dollars (reward dollars) for eligible purchases on your • fees or interest charges, Blue Cash from American Express Card Account. • balance transfers, The number of reward dollars you will receive • cash advances, each billing period is based on a percentage of purchases of travelers checks, the dollar amount of your eligible purchases purchases or reloading of reloadable prepaid during the billing period. cards, or You will receive a reward of 1 % on everyday purchases of any cash equivalents. purchases, described below, and a reward of Everyday purchases are eligible purchases made 0.5% on all other types of eligible purchases, on your first $6,500 of eligible purchases in the 12 in the U.S. at: billing periods in a row beginning with the one in • grocery stores, which the anniversary of your Card Account supermarkets, occurs (reward year). • drug stores, and After that, you will receive a reward of 5% on • gas stations (for gasoline only, up to $400 for everyday purchases, and a reward of 1.25% on each purchase). all other eligible purchases, on the amount of Everyday purchases do NOT include purchases your eligible purchases in excess of $6,500 in at superstores or warehouse clubs. that reward year. You will NOT receive reward dollars for everyday Eligible purchases are purchases for goods and purchases if a merchant does not submit the services minus returns and other credits. purchase using the correct industry or merchant code. A merchant with more than one location may submit purchases using different codes. This means that purchases at some locations would receive a higher reward, while purchases at other locations of the same merchant would receive a lower or no reward. When you will not You will not receive reward dollars for eligible Credits for eligible purchases will reduce the receive reward purchases posted to your Card Account during a number of reward dollars you receive. dollars billing period if the Minimum Payment Due shown on the statement for that billing period is not paid by the Closing Date of the next billing period. How you can redeem You can redeem reward dollars for statement From time to time we may at our option offer you reward dollars credits in increments of 25 whenever your total other ways to redeem your reward dollars, such available reward dollar balance is 25 or more. as for gift cards or merchandise. The minimum Redemption will be in the form of a statement redemption is 25 reward dollars. credit of $1 for every reward dollar redeemed. You cannot redeem reward dollars if your The credit cannot be more than the amount of the available reward dollar balance is less than the outstanding balance on your Card Account. amount of your redemption request, or your Card Account is past due or you have a returned payment outstanding. When you will forfeit You will forfeit your entire reward dollar balance if your Card Account is cancelled for any reason or reward dolla there are no transactions on your Card Account for 18 billing periods in a row. The Reward Dollars The reward dollars shown on your billing Also, if a credit to your Card Account places your Summary statement under the heading Reward Dollars eligible purchases in a negative status, the Summary is only for informational purposes. It Reward Dollars Summary on your billing does not show the actual reward dollars that you statement will show a zero balance. It will may be entitled to receive. For example, a credit continue to show a zero balance until you for eligible purchases posted to your Card accumulate eligible purchases exceeding the Accou ca n l the reward dollars shown. negative eligible purchases. Other things you You will only receive rewards for eligible We may change the terms of this program at our should know about purchases for personal, family or household use. discretion. If you violate or abuse this program, this program Reward dollars are redeemable for rewards as you may forfeit some or all of your reward dollars. described above, they are not cash. CMAEUAPS0000102 Page 3 of 11 This page intentionally left blank. CMAEUAPS0000102 Page 4 of 11 AMERIfAN EXPRESS - b Card Ag reeme nt: P 2 of 2 CD 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 terms 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 activities. 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 others to make. 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 • limit on the amount you can withdraw from ATMs in your cash advance balance (including fees and • 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 your Credit 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 5 of 11 About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also 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. How to 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, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on your billing statement, and 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 payment marked with any restrictive language, that If your payment meets the above requirements, we 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 apply a credit for a purchase to the purchase Payment Due, first to the balance with the lowest balance. We may apply payments and credits within interest rate, and then to balances with higher balances, and among balances with the same interest rates. 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 EXAMPLE. Minimum 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 Minimum Pay Du e is $60.00. However, your Minimum Payment Due will not - exceed your 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 6 of 11 AMERICAN EXPRESS ...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 th la time it w not zer 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 Bal o n th 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 ADB balance is the ending balance for the prior billing To get the ADB 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 Interest 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 ADB is $2,250 and there 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% z 365 days = 0.0438% day's daily balance. Other methods Interest is $2,250 x 0.0438% x 30 days = To figure 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. CMAEUACM0000102 Page 7 of 11. 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 2 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 o t he 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 m 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 it. 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 you A 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, If your Account is cancelled, you must destroy your and 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 fo r r 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 r agency if y fail to comply with any information you believe is incorrect. CMAEUACM0000102 Page 8 of 11 - EXRRESS 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.americane / 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 W may share information about you with our may be compensated for this. The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you. We may be compensated for this behalf. Our affiliates may get additional information. compensation when Amex Assurance C ompany 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 deac tivate 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 Fede 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 W will charge $29 each time you ask us to stop of those checks unless otherwise disclosed with the payment on a convenience check. check. A convenience check is not a card. You may not use If you use a convenience check, we may decline it. If convenience checks to pay this or any other account we decline it, you may have to pay returned check with us or our affiliates. If you use a convenience fees or other penalties to whomever you wrote the check, we will apply the: check. • 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 fina 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 9 of .11 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 o a ny 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 Agreement 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 In addition to the organizations listed above, this Restrictions on Arbitration subsection be nature, including but not limited to, initial claims may be referred to any other deemed invalid or unenforceable, then the claims, counterclaims, cross - claims and third- arbitration organization that is mutually entire Arbitration provision (other than this party claims and claims based upon contract, agreed upon in writing by you and us, or to an sentence) shall not apply. tort, fraud and other intentional torts, statutes, arbitration organization or arbitrator(s) regulations, common law and equity. Claim Arbitration Procedures appointed pursuant to § 5 of the Federal also includes claims by or against any third This Arbitration provision is made pursuant to Arbitration Act, 9 U.S.C. §§ 1 -16, as it may be party using or providing any product, service amended (FAA), provided that any such transactions involving interstate commerce or benefit in connection with any account and shall be governed by the FAA. The (including, but not limited to, credit bureaus, organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration arbitration shall be governed by the applicable third parties who accept the card, third parties 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 law 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 parry, 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 party'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 10 of 11 . E NO, b ...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 termination of your Account; voluntary appealing party. The panel shall issue its only up to the amount of the filing fees you payment of the Account balance in full by you; decision, by majority vote, within 120 days of would have incurred if you had brought a 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 you 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 (in the case of a sale, its terms shall apply to jurisdiction. additional arbitration fees. At your written the buyer of your Account). If any portion of request, we will consider in good faith making this Arbitration provision, except as otherwise Location of Arbitration a temporary advance of all or part of your Arbitration hearings you attend shall take provided in the Restrictions on Arbitration place in the federal judicial district of your share of any arbitration fees. You will not subsection, is deemed invalid or assessed any arbitration fees in excess of f unenforceable, it shall not invalidate the residence. your share if you do not prevail 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 If 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: remainder of your balance. 1. The purchase must have been made in In your letter, give us the following We can apply any unpaid amount against information: your home state or within 100 miles of your your credit limit. current mailing address, and the purchase • Account information: Your name and account number. After we finish our investigation, one of two price must have been more than $50. • Dollar amount: 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 and why you believe it is a • If we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2. You must have used your credit card for question, along with applicable interest and the purchase. Purchases made with cash You must contact us: 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 While we investigate, the same rules apply to What Will Happen After We Receive Your delinquent, and we must let those the disputed 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 11 of 11 DUPLICATE COPY Blue Cash° from American Express p. 1/12 j ExPaess VICTOR K CLARK ° Closing fate 11/20/12 Account Ending= 007 i'..:v4;:Sq.: a ;r . .Sl :ire`Cas:Fternrarclsy'... New Balance $6,016.82 L •_as'ofY2012''' : :j `` °` T`` : ;< �J;' " " Minimum Payment �VI ment Due X 8 7 Rw.OV ,, i �'• t - :� ` ; Yr :. �;' ;4 _ >� :Ir: :;8124 : %� '�'e: •� ": '`•; : "i: d -! f,L'.5::q is ,•. <: _:. Includes the past due amount of $679.00 Payment Due Date ., : :. ; .,, Sutmary 12/15/12 '�- •:Y 'A Account Summary • r•. ( :�t'• :: i:z ^ A` 7 1 . 1?r K•': 1., �.4,• evro 'sBaaric 'we�do :`rece'v 'ni .,n.,t. • tai; tnuintPa'rnent'D'ue;b g '�;_.;'.;•y;. ;•.+ : :..i :•-. : . .$, •.4.. Y, ,.. Y. :� '•e`t'. u "f +.0 •, P m l} e ' a[e -ais e8above-' a ' :haJeito� a`la2 eeaftu -- 4 v l ?arid'." , r ;ui' y ou P ch' ase: �P.. Raiaa °.be :ttcrea�ed "to :'Iie�Renal - " APft;of.2 •:24 %'��.�+ ;�,..:�.. .•Y �. . - .Y.. :x•, .A!.. ,7. -'Ne�y :Ciaf "es',', % . ;�. ; r :•. ^�. • :^+S,Oi00r` -t. P` a. Y f ' > :... " : >••. :.� ::"::.t >,,. : :' : : : : : : _ :. :,; frees - ::> v( . l� .i' `t''`� f. sic.; . i•'w: !' :� ;•; x 1+ ^a °'> a • .a�G ,..s. Minimum Payment Warning: If you make only the minimum paymenteach period, ,; New Balance $6,015,82 you will pay more in interest and it will take you longer to payoff your balance. For Minimum Payment Due $872.00 example: "Credit tmit ,< yt x$5600) Wi If you make no additional You will payoff the balance And you will pay an Available Credit [ ; ' "$o 00 charges and each month you shown on this statement in estimated total of "' ;r • r:: - °s•:;::: : :: , °.• :;; a ; :. <„ pay.. abo Ca sh;Advance'timit;;:' > °• Only he Minimum Payment Due 16years 12,911 ysylrnBillin..9Petigi3 :'0 ?? °:Y > ;t ''`' .: If you would like information about credit counseling services, call 1- 888.733 -4139. Customer Care D See page 2 for important information about your account. Pay by Computer a mericanexp!ess.com/pbc Your account is past date and overlimit. Pa at east 82.00 us �! p y l 7 � pl .��Customer :Care ��?{ :Ra • b ;�P ne,r� :�s :Y� any additional charges incurred on your accountsince the date of 1:5 ?ss 3741; : >y 1$OO 472- 9297f' }'f =; - this billing statement. If you would like to receive e-mail alerts ;r'.. See Pa e2forddittona mformatton£'` about payments, spending or fraud protection, you can sign up at americanexpress.com/alerts. Q See Page 7 for important Information About Your Account Including Information regarding benefits underwritten by AMEX Assurance Company. Continued on Page 3 - .•.•,. 4-_Pl-ease fold on he perforation below, detach and . r eLurn_with . your -,. , •,.• ........... . •.• ••• „• ,.•,•• ., , ._ ... ........... .... Payment Coupon r Pay by Computer Pay by Phone Account Ending�1007 ® Do not staple or use paper clips Im americanexpress.com /pbc 121-800-472-9297 Enter account number on all documents. Make check payable to American Express. { 11 1{ tl{' ll{ I{ s ll�l�ll{{! Ir{ iltlljlue ,r{ {'{{Illll,l Jill III n VICTOR K CLARK : �`` � :., ;;. r,"T :, ; .,•:.:,; ; tivi_;;, [ ,6 °1?aymgnt t7ue gaffe :: r 116 COLLEGE HILL RD = :ni': � (;, � , c� ' ; - ' :- `• ":' • ' <�,;:� ENOLA PA 117025 2109. > ';i;a� _ •' :��� ,'• �;Nlinirriiairi�Payme?t'�ue :�; •, - � : :I'r���87 -2 :00!x. {Il {Ijl {I� { { {'ll {Ilftr III {rllltlrlr { {t {iuflut {I {I�� {Ifs El Check here if y our.addressor AMERICAN EXPRESS $ phone number has changed. P.O. BOX 1270 Amount Enclosed Note changes on reverse side. NEWARK NJ 07101 -1270 DUPLICATE COPY VICTOR K CLARK Account Ending X1007 i 2112 Payments: Your payment must be sent to the payment address shown on ur 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 U5 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 nor meet all of the above requirements, may be delayed and you may incur late payment fees and addition' 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 Ina foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required bylaw. Please do not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on u: without our express prior written approval. We will re- present to your financial 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 fron your deposit or other asset account. We will process checks electronically by transmitting the amount ofthe check, routing number, account number and check serial number to your financial Institution, unless the check is not processable electronically or a less costly process is available. When we process :your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your depositor other asset account statement. If we cannot collect the funds electronically we may issue a draft against yourdeposit 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 depositor other asset account you specify in tile, amount you request. Payments using such services of ours received after 8:00 p,m. MST may not be credited until the next day. How We 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 theADBand interest results in daily compounding of interest. Paying:lnterest 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 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 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 a fee of 2.7% of the converted US dollar amount. 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 orthe prior business day. This rate may differ from rates in effect on - - - - the.date of your charge, Charges converted by.establ)shments (such,as.aidines) 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 withinthe six -month period following th 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. x.� er a f ,a tte am tc neai r "Webs 'er..Care& Billie 'Iri,uiries�. ^��w.:.'i:1- 888 - 258' 3791 ;�:',Hearingltiiptired.` � .,:., .. :,Custom Y g q: >. l obile" Site *air�p moii4le_corri:;,;.:y� _ 0t X 'i '99S :M ��'C•tY:1= 800-22 :)ntet'nationalCollect a:'•• �'' 93= 11.1J: - 8- ?.SS- 37A'ti ''Lan 'Flint &Braille'Statements' :1e88 '':s,; ";; :. % customer • 'Cale 8AO -CASE i'NOW?Irti Nl( >l.'`. 00 52 ?1847.. . ' Exress:Cash 7 ': $ .., c, Js P r•• .,..•::,, . .'.:. <: a `men s _ _ 7;t'• Y•s 1' " • 2 - r. 3 � B .1: O 98 5.' ftR .N , t. c, : r 'S 999 V; • ................... ..._ ............. .... ..... ..... ,. Change of Address if crona e'on front, do not use. :P4 Y011l':Q�]� with l i #oP , • To change youraddressonline, visitwww• ame„ canexpress .com /update4ontactinfo "` '•oia t Q fp ^`; • For Name, Company Name, and Foreign Addressor Phone changes, please call Customer Care. - ...: ' !!X • •;�'': ' Fr_. - ;;:?�; Please print dearly In blue or black ink only in the boxes provided. .�[3e�uctryoti i-paygi�nttfroiil your�bankT?=: .;�coiintiau' torn :aficallyeacl:monf(i'�;i:��: StreetAddress - r — __.— _. —_ _ __ _ - •y_ -.. .... _..._., ! �:` ,, ji; -:_ 1, �'.'_ �. ;.•r,r�t,: `. - �__ .,_- _-�- :_.�__._ .•,._ r VisiY:ameiicancx�pres :cot's' /aufopay.�j City, State zip Code I 1 - _�_ ..�_ ! — --_L.. ! _ ,. ; .:....<:'z ,; .: �:�•:';: Area Code and Nome Phone Area nnend i ;+ s ( ^— For Information on how we protect your Woik r ____,�_ -•_� _ _ __ — _�___.___- .- .___�� privacy and to set your communication Email 1 and privacy choices, please visit __ — •----- _.__ -_____ __�___._ --- -' www.americanexpreas.com /privacy. DUPLICATE COPY Blue Cash° from Americana Express.. p, 3/12 M VICTOR K- CLARK o Closing Date 11/20/12 Account Ending M007 D See Page.9 for an important Privacy {Notice and the following page for important notices about Your Billing Rights and Electronic Fund Transfer Error Resolution. FOka f 1 S t Amount 11115/12 Late P Fee $35.00 Total Fees for this period $35.00 #rtfieresfi :Charged Amount 11/20/ Interest Charge on Purchases $86.34 Total interest Charged for this Period $86,34 2 ©12 anti, #nitere als dear to. =Dafie : t i .,< pmow Total Fees in 2012 $175.00 Total Interest In 2012 $897.64 MM , Interest Chi�rga Cale�lation Your Annual Percentage Rate (APR) Is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 17.24 % (v) $5,674.23 $80.35 Cash Advances 25.24 %(v) $0.00 $0.00 _ .................. . -. _.......................... .... , ...., ..... .. .. .. _.. _.... .. .. ..........._..., ...... ...........,.........._........ . Purchases -Penalty APR 27.24 %(v) $267.66 35.99 -----......_...._......_.. _._...._._- .----- _..____....___ --- �__..._.....____ __— ...... -... __ ..- ._._..____.____.__. - .._.__ -• -- Total $8634 (v) Variable Rate w ro m 0 0 •K LL h m Ll O O O CJ �_.��� {:ice ._...... ...._ -_ ..:... _. - _........ .__.. DUPLICATE COPY VICTOR K CLARK Account Ending 007 9.4/12 DUPLICATE COPY AMERICAN p. 6/12 owe ESS VICTOR K CLARK Closin D at e 11120112 Account Ending M1 007 EW81�+CI DOliar $ulmml7y Total "Reward Dollars as of Oci 2092 BIIIing ('er)ad 7 r 0 Beginning Reward Dollar Balance +8.20 Rew Dollars Earned* +0.00 Total Reward Dollar Balance +8.20 *Reward Dollars Earned this period are pending until the minimum due is paid and your account Is in good standing. Base Reward Aoilars As of Oct 2012 Billing Period Qualified Spend $ Reward Dollars GAS $0. @1% 0.00 G ROCERY $0.00 @1% 0.00 DRUGSTORE $0.00 @1 % _ 0.00 Eve here Else $0.00 @0.5% 0.00 Total $0.00 0.00 Total Q ualified Spend This Rewar Year $519.8 Impnrtan# Messages Since your account w in default y di not rec y our base Reward Dollars forthe billing p eriod ending Oct 2012. Ternns nd..0 IUD 1i8 You can redeem Reward Dollars for statement credits in increments of 25 whenever your total available reward dollar balance is 25 or Hare. We may at our option offer you other ways to redeem your Reward Dollars, such as for gift cards or merchandise. The minimum redemption is 2S Reward Dollars. Onlyyour eligible purchases for personal, family or household use will count toward eligible purchases. We may change the terms of this program at our discretion. If you violate or abuse this program, you may forfeit some orall of your Reward Dollars. Additional t and conditions app x c i x x x f DUPLICATE COPY VICTOR K CLARK Account Ending 1007 p. 6/12 DUPLICATE COPY Blue Cash" frorn American Express p 7/12 AMERICAN - - EXPRESS VICTOR K CLANK - 9 Closing Date 11/20/12 Account Ending W 007 Notice of Change to Your Travel Accident Insurance Policy We are making Important Changes to your insurance policies ( "Policies ") underwritten by AMEX Assurance Company. Applicable for Residents of Delaware for Travel Accident Insurance: The definition of Covered Person from the DEFINITIONS section is replaced with the following: Covered Person means the Basic Cardmember, each Additional Cardmember, and each of these Cardmember's spouses or Domestic Partners and dependent children under 26 years of age (dependent children include: your unmarried, dependent children under 26 years of age who rely on You for support and maintenance, your unmarried dependent children 26 years or older who because of a handicap condition that occurred before the attainment of the limiting age, are incapable of self- sustaining employment and dependent upon You for lifetime care and supervision. Coverage will be extended for as long as such child is incapacitated, unmarried and dependent.). TAI -RDR1 -Multi 04/10. Applicable for Residents of Florida for Travel Accident Insurance: The definition of Covered Person is hereby removed from the DEFINITIONS section in its entirety and replaced with the following: Covered Person means the Basic Cardmember, each Additional Cardmember, and each of these -Cardmember's spouses or Partners and dependent children under 26 years of age children - include: your unmarried, dependent children under 26 years of age who rely on You for support and maintenance, your unmarried dependent children 26 years or older who because of a handicap condition that occurred before the attainment of the limiting age, are incapable of self- sustaining employment and dependent upon You for lifetime care and supervision. Coverage will be extended for as long as such child is incapacitated, unmarried and dependent.). All Covered Persons must have a Permanent Residence within the 50 United States of America, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands. All other persons are not Covered Persons under the Policy. Dependent coverage will extend to the end of the calendar year when the dependent reaches age 30 when: 1. The dependent is unmarried and does not have a dependent of his or her own; 2. is a resident of this state or a full -time or part -time student; and 3. Is not provided coverage as a named subscriber, insured, enrollee, or covered person under any other group, blanket, or franchise health insurance policy or individual health benefits plan, or is not entitled to benefits under Title XVIII of the Social Security Act. 4. If, pursuant to this section, a child is provided coverage under the parent's policy after the end of the calendar year in which the child reaches age 25 and coverage for the child is subsequently terminated, the child is not eligible to be covered under the parent's policy unless the child was continuously covered by other creditable coverage without a gap in coverage of more than 63 days. For the purposes of this subsection, the term "creditable coverage" has the same meaning as provided in Florida Insurance Codes. 627.6561(5). Dependent children include: 1. Natural, adopted and stepchildren of the insured who are chiefly financially dependent on the insured for support and maintenance; 2. An adopted child or a child in the custody of the insured pursuant to an interim court order of adoption vesting temporary care of the child in the insured, regardless of whether a final order granting ..adoption.is_ultimately. issued...... . ................_............ ........... ............................... .................... _ ...... .. All references to "dependent children under 23 years of age" throughout the document are hereby changed to "dependent children under 26 years of age ". TAI - RDRI -FL 06/10 Notice regarding your AMEX Assurance Company insurance Products We are notifying you of an update to all insurance products underwritten by AMEX Assurance Company that you g have as a benefit of your Cardmembership, or in which you have enrolled. i In the event any coverage provided by the AMEX Assurance Company insurance policies would be in violation of U.S. economic or trade sanctions, such coverage shall be null and void. N Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time. S02N2 BP /CCSGBAS /1112 DUPLICATE COPY VICTOR K CLARK Account Ending M1007 p' 8/12 . Notice to Delaware Residents service charges not i excess of those permitted by law will be charged on the�outstanding balances from month to month. Notice to Ohio Residents The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit; histories on each individual upon request. The Ohio civil rights commission administers compliance with this law. . 3 502N2 BP /CCSGBAS /1 112 i ..... __ ........ - -- - - - -- DUPLICATE COPY Blue CashO from American Express p. 9112 CIRI . VICTOR K CLARK Closing Date 11/20/12 Account Ending 01007 Rev. 912012 ' WHAT DUES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives ' consumers the right to limit some but not all sharing. Federal Jaw also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what w do. The types of personal information we collect and share depend on the product or service you have with us. This infomlation can include: • Social Security number and income transaction history and account history • insura claim history and credit history All financial companies need to share customers' personal information to run their everyday r business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons American Express chooses to share; and whether you can limit thi sharing. f" t, For our everyday business purposes -- such as to process your transactions, maintain your account(s), Yes No respond to court orders and legal investigations, or report to credit bureaus No For our marketing purposes — Yes (but please see the "To limit to offer our products and services to you direct marketing" box below for . . . . . _ . . . . . . . . . . . . . . . additional privacy choices) . . . Fa joint marketing with other financial companies Yes No For our affiliates' everyday business purposes — Yes No information about yo transa ctions and experiences For our affiliates' everyday business purposes — Yes Yes information abo your creditworthiness F or our affiliates to market to you Yes Yes No For nonaffiliates to market to you (although we may We don't share personal share aggregated or information de- identified data) _........ •--_-- _......- ........... ............. .............. ......... • Visit us online: www.americanexpress.com /communications or • Call us at 1 -856- 297 -7748 - our menu will prompt you through your choices Please note: ° If you are a new customer, we can begin sharing your personal information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your personal information as described in this notice. 3 However, you can co us at anytime to limit our sharing. We provide additional privacy choices to customers. Privacy elections you make for any one E o product or service may not automatically be applied to other products and services. To let us know a v if you do not want. us to use your personal information to communicate with you about offers by ° mail, telephone, and /or e-mail: g • Visit us online: www.americanexpress.com /communications or • Call us at 1- 855 - 297 -7748 (except for choices about e-mail communications) .,# a Call 1- 800 - 528 or go to am ericanexpr ess. com /contact. Page 1 of 2 SCP92 BP /PRVCCSC /0912 DUPLICATE COPY VICTOR K CLARK Account Ending 01007 P. Who is providing American Express Travel Related Services Company, Inc. and other American Express this notice? Affiliates that provide financial products or services, including American Express Centurion Bank, American Express Bank, FSB, and AMEX Assurance Company. i i How does American To protect your personal information from unauthorized access and use, we use security Express protect my measures that comply with federal law. These measures include computer safeguards personal information? a nd se files and buildings. We collect your personal information, for example, when you Mow does American • open an account or pay your bills Express collect my • give us your income information or give us your contact information . use your credit card personal information? We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. - Federal law gives you the right to limit only • sharing for affiliates' everyday business purposes — information about your Why can't I limit all creditworthiness sharing of personal affiliates from using your information to market to you information? • sharing for nonaffiliates to market to you State laws and individual companies may give_ygy additional rights to Iimit sharing. See below for more on your rights under s tate law. Whathappens when I limit sharing for an Your choices will apply to everyone on your account. account I hold jointly with someone else? Companies related by common ownership or control. They can be financial and nonfinancial companies. Affiliates . Our affiliates include companies with the American Express name, including financial companies such as American Express Travel Related Services Company, Inc. and nonfinancial companies such as American Express Publishimg. Affiliates may also include other companies related by common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance Company, a provider of American Express Card - related insurance services. Nanaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiilates with which we share personal information include service providers, including for example, direct marketers, that perform services or functions on our behalf. Joint A formal agreement between nonaffiliated companies that together market financial products or marketing service to you. g p •Our bin# marketin artners include financial Companies.. ........,.,,_,.,:^ ........ p. 1 i ♦ a We may transfer personal information to other countries, for example, for customer service or to process transactions. AMEX Assurance Company customers: You may have the right to access and correct recorded personal information. Personal information may be disclosed by us to detect fraud or misrepresentation, to verify insurance coverage, to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information related to insurance claim activity obtained from a report prepared by an insurance - support organization on our behalf may be retained by such organization and disclosed as required by law. State law may be more protective than federal law. California: If your American Express account has a California billing address, we will not share your personal information except to the extent permitted under California law. Vermont: If your American Express account has a Vermont billing address, we will automatically treat your account as if you have directed us not to share information about your creditworthiness with our affiliates. Page; 2 of 2 SCP92 BP /PRVGCSG /0912 k DUPLICATE COPY Blue Cash° from American Express p. 11/12 RMEnirAN ExwraESS VICTOR K CLARK Closing Date 11/20/12 Account Ending 007 Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do Jf You Find a Mlstake on Your Statement if you think there Is an error on your statement, write to us at PO Box 981535, El Paso TX 79998 -1535. In your letter, give us the following Information: . Account Information: Your name and account number. . Dollar amount: The dollar amount of the suspected error. . Desorption of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors In writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Haman After We Receive Your Lett er When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. 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. While we investigate whether or not there has been an error: . We cannot try to collect the amount in question, or report you as delinquent on that amount. . The charge in question may remain on your statement, and we may continue to charge you interest on that amount. . While you do not have to pay the amount in question, you are responsible for the remainder of your balance. . We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: . If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount In question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment Is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you. do not have to pay the first $50 of the amount you question even if your bill is correct. Your Right If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried In good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase.must have been made in your home•state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that soli you the goods or services.) 2. You must have used your credit card for the purchase: Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at PO Box 981535, El Paso TX 79998- 1535. White we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. Annual EFT Error Resolution Notice This notice is to inform you about how you should notify us of errors or questions regarding any electronic fund transfers you Initiate using your American Express Card, Including Express Cash transactions, or electronic payments you make to American Express using Pay By Phone, Pay By Computer, or any other American Express electronic payment service. In case of errors or questions about your Electronic Transfers, please contact us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. You can telephone us at 1- 800 - IPAY -AXP for Pay By Phone and Pay By Computer questions, and at 1- 800 -CASH -NOW for Express Cash and Automatic Payment questions. Alternatively, you may write to us at American Express, Electronic Funds Services, P.O. Sox 981531, El Paso, TX 79998 -1531, or contact us online at www. americanexpress .com /inquirycenter. We must hear from you no later than 60 days after we sent the FIRST statement on which the 4 problem or error appeared or question arose. When you contact us, please provide the following information: m (1) Your name and card account number. (2) Description of the error or the transfer you are unsure about. Explain as clearly as you can why g you believe it isan error or why you need more information. (3) The dollar amount of the suspected error. 9 If you notify us by phone, we may require that you send us your complaint or question In writing within 10 business days of the call. We will $ determine whether an error occurred within 10 business days and will correct any error promptly. If we need more time, however, we may take M up to 45 days to investigate your complaint or question. Itwe decide to do this, we will credit your bank account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask SCP92 BP /PRVCCSG /0912 .._..-................. ....... -- ' DUPLICATE COPY p. t ?Jt2 VICTOR K CLARK Account Ending 01007 you to put your complaint or question In writing and we do not receive it within 10 business days, we may not credit your account. For errors involving point -of- -sale or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send yo written u a explanation. You may ask for copies of the documents that we used in our investigation. If'we.haVe credited your bank account and there was no error, we will tell you when wo .will withdraw that amount from your hank account again. You authorize us to withdraw this amount.from your bank account. If your bank account does not have enough funds to cover this withdrawal, we can charge the amount to your card account or collect the amount from you. If this happens, we may cancel your right to use our electronic transfer services. BPJPRV0CSG /091 SCP92 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 09 clr;Nbps, ii TF 1 HE P R 0 TH 0 N10TAR t' Jody S Smith Chief Deputy 01 JUN 2$ AM 10: I Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE FTvE KRIFF PENNSYLVANIA American Express Centurion Bank Case Number vs. Victor K. Clark 2013-3563 SHERIFF'S RETURN OF SERVICE 06/21/2013 08:15 PM- Deputy Tim Black, 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: Victor K. Clark at 116 College Hill Road, East Pennsboro Township, Enola, PA 17025. /�, TIM LA K, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, June 24, 2013 RON W R ANDERSON, SHERIFF (c)CountySutte Shenff,Teleosoft,Inc. O r File No.: 355315 5 t rR0TH F t 0 APOTHAKER& ASSOCIATES, P.C. By: David J. Apothaker AUG 22 API 11: 4 7 Attorney I.D.# 38423 R(_r"aIO � }` 520 Fellowship Road C306 tt��dSYY� dI A Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) Plaintiff ) NO.: 13-3563 CIVIL VS. ) Civil Action VICTOR CLARK A/K/A VICTOR K ) CLARK ) Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, VICTOR CLARK A/K/A VICTOR K CLARK, in the default of an Answer, in the amount of$6,015.82 computed as follows: Amount claimed in complaint: $ 6,015.82 Less: Amount Paid: ( 0.00) Plus: Interest from June 19, 2013 to July 30, 2013 at the legal interest rate of 0.00%per annum 0.00 Attorney fees 0.00 TOTAL $ 6,015.82 I certify that Defendant, VICTOR CLARK /K/ VICTOR K CLARK, last known address is 116 COLLEGE HILL RD ENOLA, PA 1702 L. David J. Ap aker, Esq. Attorney for Plaintiff aw it � 9y 7 AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) VICTOR CLARK A/K/A VICTOR K CLARK ) NO. 13-3563 CIVIL To: VICTOR CLARK A/K/A VICTOR K CLARK 116 COLLEGE HILL RD ENOLA, PA 17025 Date of Notice: July 15, 2013 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 ST. CARLISLE, PA 17013 717-249-3166 DAVID J. APOTHAKER, ESQUIRE APOTHAKER& ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 355315 * Q 3 5 5 3 1 5 S 1 0 - 1 - OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: VICTOR CLARK A/K/A VICTOR K CLARK 116 COLLEGE HILL RD ENOLA, PA 17025 COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) Plaintiff ) NO.: 13-3563 CIVIL vs. ) Civil Action VICTOR CLARK A/K/A VICTOR K ) CLARK ) Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number 800-6 -0215 �/� i3 Our File No.: 355315 APOTHAKER& ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) Plaintiff ) NO.: 13-3563 CIVIL VS. ) Civil Action VICTOR CLARK A/K/A VICTOR K ) CLARK ) Defendant CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff s intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa. S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Our File No.: 355315 APOTHAKER& ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) Plaintiff ) NO.: 13-3563 CIVIL VS. ) Civil Action VICTOR CLARK A/K/A VICTOR K ) CLARK ) Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 116 COLLEGE HILL RD ENOLA, PA 17025. We inquired with the web site of the Defense MarTro-jver Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209- 93, f the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the De f nse npower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i the ilitary. David J. Ap thaker, Esq. Attorney for P a' ff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of:Jul-30-201305:29:05 SCRA 3,0 >u7 tw.R a of C Pllrgumt toService-members Civil Relief Act, Last Name: CLARK First Name: VICTOR Middle Name: Active Duty Status As Of: Jul-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA a..,. _ NO NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No- NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received ear'ty notificafion to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 e The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mit"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 139CTC6EXOF3O90