HomeMy WebLinkAbout13-4986 Supreme Court of Pennsylvania
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Court of Common Pleas 4[C t x
Civil Cover Sheet
CUMBERLAND County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or re lace the filing and service ofpleadings and other a ers requiredby law or rules o the court.
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
S
E Lead Plaintiffs Name: Lead Defendant's Name:
C AMERICAN EXPRESS CENTURION BANK THOMAS KOUNAS a/k/a THOMAS N. KOUNAS
T
I
O Any money damages requested ?: ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
Name of Plaintiff/Appellant's Attorney: Derek C. Blasker, Esquire
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Possession ® Debt Collection: Credit Card ❑ Board of Assessment
S ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
E ❑ Nuisance ❑ Depart. of Transportation
C ❑ Premises Liability ❑ Statutory Appeal: Other
T ❑ Product Liability (does not ❑ Employment Dispute:
I include mass tort) Discrimination
O ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
N ❑ Other: ❑ Other:
B ❑ Other:
MASS TORT
❑ Asbestos
• Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant
❑ Toxic Waste
❑ Other:
REAL PROPERTY MISCELLANEOUS
• Ejectment ❑ Common Law /Statutory Arbitration
• Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal El Quiet Title ❑ Other:
g 11 Other:
11 Medical
❑ Other Professional:
lCi C'�i0 10 [A Y
U 473 'HLr ND COUNTY
PLNN'SYLVANIA
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696 -2120
Attorney for Plaintiff
AMERICAN EXPRESS CENTURION BANK : IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THOMAS KOUNAS NO. /✓� `r
aWa THOMAS N. KOUNAS
Defendant CIVIL ACTION -LAW
Complaint - 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 (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 claim 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. 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.
LAWYER REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Assoc.
32 South Bedford Street
Carlisle, PA 17013
Telephone No. 717- 249 -3166 or 800 - 990 -9108
172443/304 15 b? 75D a /(
7 1st
BURTON NEIL & ASSOCIATES, P.C.
By: Derek C. Blasker, Esquire, Id. No. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610 - 696 -2120
Attorney for Plaintiff
AMERICAN EXPRESS CENTURION BANK IN THE COURT OF COMMON PLEAS
4315 South 2700 West
Salt Lake City, UT 84184
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.
THOMAS KOUNAS
a/k/a THOMAS N. KOUNAS
84 Silver Crown Drive
Mechanicsburg, PA 17050
Defendant CIVIL ACTION -LAW
Complaint
1. The plaintiff is American Express Centurion Bank (hereafter "American Express ")
with a place of business located at 4315 South 2700 West, Salt Lake City, Utah.
2. The defendant is Thomas Kounas a/k/a Thomas N. Kounas, an adult individual who
resides at 84 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. At all relevant times, American Express was and is a bank chartered under the laws of
the state of Utah.
4. Defendant applied for and was given the American Express Traditional Gold Card
(hereafter the "Card "), which enabled defendant to charge items to an American Express
Traditional Gold Card Account (Account Number xxxx- xxxxxx- 73002) (hereafter the
"Account ").
5. At all relevant times, defendant was the holder of the Card that enabled him to charge
items to the Account.
r
6. At all relevant times, defendant was the basic cardmember on the Account and was
responsible for paying all amounts charged to the Account as he applied for the account.
7. The Agreement Between Gold Cardmember and American Express Centurion Bank
(hereafter "Agreement ") was provided to defendant with the Card, and a true and correct copy of
the Agreement is attached hereto and incorporated herein as Exhibit A.
8. By accepting and using the Card, defendant agreed to all of the terms and conditions
set forth in the Agreement, including the following:
a. Defendant agreed he is liable for all amounts charged to the Account.
b. Defendant agreed that payment for all charges to the Account is due by the
payment due date indicated on the monthly billing statements mailed by or on behalf of
American Express.
c. Defendant agreed that if the payment was not made by the payment due date
indicated on the monthly billing statements, American Express may assess additional fees per the
terms of the agreement.
d. Defendant agreed that in the event of default, he would pay all reasonable
costs, including reasonable attorney's fees incurred by American Express in collecting the
balance due including finance charges and delinquency fees and in protecting itself from any
harm it may suffer as a result of the default.
9. Defendant used the Card to charge various items to the Account.
10. American Express duly issued and sent to defendant the Account Statements which
set forth in detail all items charged to the Account and the total amount due and owing by
defendant to American Express. A copy of the final Statement of account sent to defendant is
attached hereto as Exhibit B.
Count 1 - Breach of Contract
11. American Express incorporates by reference the averments of paragraph 1 through
10.
12. Defendant failed to pay the balance in full as specified on the Account statements.
13. By reason of the foregoing, defendant breached the Agreement with American
Express.
14. As a result of the breach, defendant is liable to American Express for the sum of
$7,375.79.
15. Despite due demand, defendant has failed and refused to pay American Express any
portion of the amount due and owing.
16. As a result of defendant's failure to pay the amount that he owed, American Express
referred its claim to outside attorneys for collection and is entitled to collect reasonable
attorney's fees from defendant.
17. By reason of the foregoing, American Express is entitled to judgment against
defendant for breach of contract in the sum of $7,375.79, plus reasonable attorney's fees, costs
and pre judgment interest.
WHEREFORE, American Express demands judgment against defendant on Count 1 in
the sum of $7,375.79, plus reasonable attorney's fees, costs and pre judgment interest.
Count 2 - Account Stated
(In the alternative to Counts 1 and 3)
18. American Express incorporates by reference the averments of paragraphs 1 through
17.
19. Defendant used the Card to charge various items to the Account for which payment
was never made. American Express kept accurate records of all debits and credits to the
Account.
20. American Express mailed to defendant monthly billing statements for the Account
which accurately stated the previous balance, the debits and credits to the Account for the prior
billing period.
21. Prior to receipt of the Exhibit B statement, defendant had for many months made
payments on account of the billing statements or retained the statements without payment.
22. Defendant's actions as set forth above constituted an account stated between the
parties for the sum of $7,375.79, which sum reflects the Exhibit B statement balance less credits,
if any, which were applied subsequent to the date of Exhibit B.
WHEREFORE, American Express demands judgment against defendant on Count 2 in
the sum of $7,375.79, plus pre judgment interest and costs.
. Count 3 - Unjust Enrichment
(In the alternative to Counts 1 and 2)
23. American Express incorporates by reference the averments of paragraphs 1 through
22.
24. As a result of the foregoing, defendant received the benefit of American Express'
extension of credit in the amount of $7,375.79 without paying for the same.
25. Defendant was aware of, apprehended and appreciated American Express' provision
of credit by reason of his having made payments on account of the Account statements received
on and after he opened the account.
26. The reasonable value of the credit American Express provided defendant is the sum
of $7,375.79.
27. American Express is entitled to pre judgment interest on the outstanding balance
from the date of this complaint.
28. American Express believes and avers if the relief requested herein is not granted,
defendant will be unjustly enriched at American Express' expense.
WHEREFORE, American Express demands judgment against defendant on Count 3 for a
sum to be determined at trial.
B PTO NEIL &ASSOCIATES, P.C.
By:
Der, Blasker, Esquire
Attorney for Plaintiff
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
This communication is from a debt collector.
A,
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FOR 974926 CD 25346 (07/09)
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Welcome to American lixpress Cardmembcrship intend for an Additional Cardmember, or other person, to use incorrect. We apply those terms of this Agreement that vary by
This document and the accompanying supplement(s) the Card for any transactions. state according to your Billing Address. When we receive
constitute your Agreement. Please read and keep this An Additional Cardmember is not liable for Charges information that you have changed your Billing Address, those
q Agreement. Abide by its terms. When you keep, sign or use the incurred by the Basic Cardmember or by other Additional terms of this Agreement that vary depending on the state of
Card issued to you (including any renewal or replacement Cardmembers. However, by each use of the Additional Card to your Billing Address will apply to the entire balance of your
Cards), or you use the account associated with this Agreement incur Charges, the Additional Cardmember indicates his or her Account, including existing balances.
i (your `Account "), you agree to the terms of this Agreement. agreement to pay us for the Charge if you fail to or refuse to Amount Due
The words "you; 'your" and "yours' mean the person who pay it, and we may, at our discretion, pursue Additional Each billing statement will reflect a New Balance and an
applied for the Account and the person to whom we address Cardmembers for payment of Charges they incur or authorize. Amount Due. The "Amount Due' is the total of (i) all Charges
r" billing statements, as well as any person who agrees to be liable You authorize us to provide Account information to Additional on your Account other than those associated with Features,
on the Account. The "Basic Cardmember" is the person who Cardmembers and to discuss the Account with them. plus (ii) the Flexible Minimum Amount Due (described below)
opened the Account. At your request, we may also issue a Card You agree to notify each Additional Cardmember, at the for any Charges associated with Features, plus (iii) any portion
on your Account to another person (an Additional time he or she becomes an Additional Cardmember, that we of any previously billed Amount Due that remains unpaid. The
Cardmember "). The term "Card" refers to the American may receive, record, exchange and use information about him Amount Due is due and payable once you receive the billing
Express" Card issued to you, all other Cards issued on your or her in the same manner we do with information about you, statement.
1j Account, and any other device (such as Account numbers) as described below in the Consumer Reports, Telephone
3 Flexible Minimum Amount Due
with which you may access your Account. "We," and "us" Communications, and Suspension /Cancellation sections of this If you have Charges associated with Features on the Closing
refer to American Express Centurion Bank, the issuer of your Agreement. You agree to notify each Additional Cardmember
Account. Additional Cardmembers are subject to all applicable Date of the billing statement ( "Flexible New Balance "), your
provisions of this Agreement. billing statement will reflect a Flexible Minimum Amount Due
Using the Card
You may use the Card to obtain goods and services from Flexible Payment. features ("Minimum Amount Due"). Payment is due by the time and
' Y g y date shown and in the manner prescribed on the statement.
3 any person who accepts the Card. Transactions you make in We may advise you that we have added or may add one or The Minimum Amount Due will not exceed your Flexible New
a response to promotional offers from us will be subject to the more special plans to your Account that permit you to extend Balance. You may pay more than the Minimum Amount Due,
terms of the promotion and this Agreement. All amounts payment on various Charges designated by us. In this up to the entire outstanding balance, at any time. To calculate
charged to your Account, including charges for purchases, Agreement, each of these special plans is called a "Feature" the Minimum Amount Due, we take the greatest of the
annual fee(s), if any, any amounts guaranteed by use of the These Features include, but are not limited to, Sign & Travel; [allowing amounts and round the result to the nearest whole
Card, other fees, and any Finance Charges, are "Charges" You Extended Payment Option, and certain promotional offers we dollar:
agree not to let any person use a Card except a Cardmember may make. (a) 2% of the Flexible New Balance;
whose name is on it. You agree to notify us if the Card is lost or The Sign & Travel Feature permits you, if eligible, to extend (b) the lesser of:
stolen, or you suspect that it is being used without your payment for airline tickets, cruise ship tickets, prepaid tour (i) current billed Finance Charges plus I% of the Flexible
permission. You agree to use the Account only for purchases packages, certain Charges made outside of the U.S. and any New Balance (excluding finance charges from the
that are lawful and are permitted under this Agreement. other Charges designated by us. To elect to use this Feature, if Flexible New Balance), or
Except as otherwise required by applicable law, we will not be you are eligible, you must either advise the travel agent, airline, (ii) 4% of the Flexible New Balance; or
responsible if any merchant refuses to honor the Card or for or other travel industry merchant that you wish to do so when (c) $20
any other problem you may have with a merchant. giving your Account number for payment at the time of
The Card has no pre -set spending limit. Each Charge is purchase, or follow other procedures prescribed by us. Adjusted Minimum Amount Due
evaluated in light of your spending and payment patterns on The Extended Payment Option permits you, if eligible, to Syou consistently pay more than the
? your Account and other accounts you may have with us and extend payment for all eligible Charges by advising us one time Minimmuumm A Am mouunt Due outlined above, and you have paid
our affiliates, your credit history, payment without th
including experience with that you wish to do so. If this Feature is added to your Account, Your amounts due i e full, we may calculate your minimum
?' e additional 1% of the balance referenced
-t other creditors, and your personal resources known to us. We all of your eligible Charges will be billed under the Extended in (b)(i). If we do this, and finance charges are more than 2%
reserve the right to deny any request for authorization for a Payment Option Feature of your Account. Eligible Charges
Charge. We may also request additional information from you means those individual Charges that are at or above the dollar of the Flexible New Balance, we may add $15 to your minimum
3 at any time. amount disclosed to you when you enroll in this Feature, or Payment. For information about how this works, read the
We may issue you renewal or replacement Cards before a any other amount designated by us. The following are detailed description below.
previously issued Card expires. examples of Charges that are not eligible Charges: Express
Detailed Description: We may adjust the outlined
P Y P P g C g ' �P calculation above by removing "plus 1% of the Flexible New
If you or an Additional Cardmember authorize a third Cash, American Express "travelers Cheques, American Balance" in (b)(i). After the adjustment, if your Minimum
party to bill Charges on a recurring basis to your Account Express` Gift Cheques, Privileged Assets', insurance, real
( "Recurring Charge(s) "), we may (but are not required to) estate and other transactions determined by us. Amount Due is equal to the current billed Finance Charges, we
provide such third party with your current Account status, We may change our designation of what Charges are will increase your Minimum Amount Due by $ I5.
Card number and /or expiration date to permit that third party eligible for the Sign & Travel Feature and /or the Extended We will apply the adjusted calculation to your Account if:
to continue billing ur Account. We take such Payment Option at an time. However, an Cha that would • the sum of your payments (credited to your Flexible New
gY may st P even Y P Y Y g Balance in the six consecutive billing periods ending
if your account number changes or if we issue a renewal or cause the total of outstanding Feature balances to exceed with the Closing Date of the current billing period) is
replacement Card to you or an Additional Cardmember. To $35,000 (unless we notify you of a different amount) will not
r F . withdraw authorization for a Recurring Charge, you must be eligible for extended payment. Any Charges that are not greater than the sum of the Minimum Amounts Due (for
notify the third party. eligible for extended payment, or any otherwise eligible the six consecutive billing periods ending with the
r Charges for which you have elected not to extend payment, will Closing Date the previous billing period, not using the
J. Promise Ui Pay adjusted calcu and including the amount ast due
You promise to pay all Charges, including Charges incurred be due in full upon your receipt of the hitting statement. in only the first of those six periods);
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Additional Cardmembers, on our Account. This promise Additionally, any Charges incurred by ll Cardmember who
Y Y P • Cha for which y ou or an Additional is not eligible to use one of the Features will also be due in full the sum of the Minimum Amounts Due is equal to the
includes any g Y receipt of the billing statement. sum your payments (defined above) and it is less than
u pon our
Cardmember indicated an intent to incur the Charge, even if P Y P g or equal to $120;
y ou or the Additional Cardmember have not signed a charge Even if your Account is not enrolled in a Feature, you may
y g g .the sum of the Minimum Amounts Due is zero and we
promise to
form or resented the Card. You also a request to transfer the pay -in -full balance, or a portion thereof,
P P pay any used the adjusted calculation in the last billing period
Charge incurred by anyone that you or an Additional to a Feature, and extend payment of those amounts over time. when your Minimum Amount Due was not zero; or
v Cardmember let use the Card, even though you have agreed We may approve or decline your transfer request in whole or in it is the first billing period ending on or after November
not to let anyone else use the Card. part at our sole discretion. Any portion of the pay -in -full
7 balance not authorized by us for transfer to a Feature must be 16, 2007, and your Account was opened before that date.
Status of and Responsibility for Additional Cardmembers paid in full upon your receipt of the Account billing statement. If we adjust your Minimum Amount Due, we will do so for
Additional Cardmembers do not have accounts with us. at least six billing periods, and if we stop adjusting your
Instead, they are authorized users on your Account, and the Billing Statements Minimum Amount Due, we will not adjust it again for at least
You must notify us immediately of any change in the six billing p eriods, regardless of your p ayment histor
- Cards issued to them may be canceled by you or us at any time. g P S Y P Ym Y•
You must notify us to revoke an Additional Cardmember's mailing or e-mail address to which we send billing statements
or notices that a billing statement has been posted ( "Billie
Payments
means
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permission to use your Account. You are responsible under this g P g All payments must be sent to the payment address shown
our
Agreement for all use of Account h the Additional Address "). If you wish a Billing Address change to apply to
g Y Y more than one account you maintain with us, you must tell us. on your billing statement and must include the remittance
j Cardmembers, and by anyone else you or an Additional coupon from our billing statement. Payment is due u on our
Cardmember lets use the Card, and the Charges they incur will You agree that we may also update your Billing Address if we rec ipt of the billing statement. You must pay us in U.S. Y
be billed to you. You have this responsibility even if you did not receive information that your Billing Address has changed or is
1, 1
7
- EXHIBIT
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currency, with a single draft or check drawn on a U.S. bank and case, if such a day is not a customary publication day for The Charges are calculated. In our sole discretion, we also may
payable in U.S. dollars, or with a negotiable instrument payable Wall Street Journal, we will substitute the closest preceding day round any calculations made in determining the Finance
in U.S. dollars and clearable through the U.S. banking system, that is a customary publication day. If The Wall Street journal Charges on your Account in any way that is convenient to us.
or through an electronic payment method clearable through ceases or suspends publication, we may refer to the Prime Rate Any such rounding may apply to or cause variations in your
the U.S. banking system. Your Account number must be published in any other newspaper of general circulation in DPRs.
included on or with all payments. If we decide to accept a New York, New York, or we may substitute a similar reference Annual Fees
payment made in a foreign currency, you authorize us to rate at our sole discretion. Any increase or decrease to an APR We will bill your Account an annual fee of $125 for the
choose a conversion rate that is acceptable to us to convert resulting from a change in the Prime Rate takes effect as of the Basic Card Membership Rewards is automatically included on
your remittance into U.S. currency, unless a particular rate is first day of the billing period. An increase in the Prime Rate your Account. We will bill your Account an annual fee of $85
required by law. means that the variable APRs (and corresponding DPRs) for the Basic Card if Membership Rewards is not automatically
Payments conforming to the above requirements that we applicable to your Account will increase and you may incur included. We will bill your Account an annual fee of $35 for up
receive no later than the hour specified on your billing higher Finance Charges and may have a higher Minimum to five Additional Cards on your Account, and $35 for each
statement will be credited to your Account as of the day Amount Due. Additional Card on your Account after the first five. The
received; payments conforming to the above requirements that D. The DPR (and corresponding APR) on all Features may annual fee for each Card is increased by $5 if the Billing
we receive after the hour specified on your billing statement increase to the Default Rate if during the Review Period (i) Address of the Basic Cardmember is outside the United States.
will be credited to your Account as of the following day. your Account is delinquent on the Closing Date of any three
If payment does not conform to the requirements stated billing periods; (ii) your Account is delinquent on the Closing Late Fees
above, crediting may be delayed. If this happens, additional Date of any two consecutive billing periods; or (iii) a payment If any portion the Amount Due a billing statement is
Charges may be imposed. We may accept late payments, submitted on your Account is not honored. Your Account will not credited to your r Account before the e 10th day after the next
partial payments or any payments marked as being payment in be considered delinquent if payment of the Amount Due from Closing Date, we may assess a fee of
full or as being settlement of any dispute without losing any of a billing period is not credited to your Account by the Closing addition, if any portion of that Amounnt t (Iowa Due is not owa ot In
c redited by
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our rights under this Agreement or under the law. Our Date of the next billing period. The "Review Period" is the the following Closing Date, we may assess an additional fee in
acceptance of any such payments does not mean we agree to period, constituting approximately one year, of twelve that same billing period of the greater of $35 or 2.99 %of any
change this Agreement in any way. You agree that our consecutive billing periods ending with the Closing Date of the amount past due (Iowa $15). If any amount past due is not
acceptance of such payments will not operate as an accord and current billing period, whether or not you received a statement credited to your Account by successive Closing Dates, we may
satisfaction without our prior express written approval. for each such billing period. If the Default Rate is applied, it assess a fee equal to the greater of $35 or 2.99% of any amount
Subject to applicable law, we will apply and allocate will apply to your Account for twelve consecutive billing past due (Iowa $15).
payments and credits among Features and Charges on your periods, beginning with the current billing period. The Default Other Fees
Account in any order and manner determined by us in our sole Rate will not apply to any balance for Features unless it is We may charge the following fees to your Account, subject
discretion. In most cases, we will apply and allocate payments higher than the rate that would otherwise apply to that to applicable law:
to the Minimum Amount Due on Feature balances first, then balance. The Default Rate is a DPR which corresponds to an 1. Dishonored Payments: We may charge a fee of $38
to amounts due in full. The remainder of your payment will be APR equal to the Prime Rate plus 23.99 %. whenever any check, similar instrument, or electronic
applied to any outstanding Feature balances. Amounts applied Average Daily Balance Method for Calculation of Finance payment order that we receive as payment on your Account is
to Feature balances will be applied first to Feature balances at Charges not honored upon first presentment.
lower Annual Percentage Rates ('APRs") and then to higher We use the Average Daily Balance method to calculate If a Card is presented in connection with cashing a check at
APR Feature balances. In most cases, we will apply purchase Finance Charges on your Account. Under this method, we an American Express Travel Service Office or other authorized
credits first to the balance from which the corresponding debit calculate the Finance Charges on your Account by applying the location and the check is not honored, we may charge a fee of
originated. However, for servicing, administrative, systems or DPR to the Average Daily Balance (as described below) $38. (We will also add a Charge to your Account in the amount
other business reasons, we may apply and allocate payments separately for each Feature subject to a different DPR of the check that was not honored.)
and credits among Features and to Charges on your Account in (including current transactions). Different DPRs may be 2. Copies of Statements: We may charge a fee of $5 for
some other order or manner that we may determine in our sole applied to separate Feature balances. To get the Average Daily each billing period for which a copy of a billing statement is
discretion. You agree that we have the unconditional right to Balance for each Feature, we (1) take the beginning balance for requested. We will not charge this fee for any request for a copy
exercise this discretion in a way that is most favorable or each day (including unpaid Finance Charges from previous of any of the billing statements for the three billing periods
convenient to us. billing periods), (2) add any new transactions, debits, or fees, immediately prior to the request.
3. Account Re- opening Fee: We may charge a re- opening
Ac zatimt for Electronic Debit to Your Chet:lting subtract any payments or credits credited that day, fee of $25 if your Account is canceled for any reason and you
Account and (4) make any appropriate adjustments. For r each day after
When you provide a check as payment, you authorize us to the first day of the billing period, we also add an amount of request reinstatement and such request is honored.
use information from your check to make an electronic fund interest equal to the previous day's daily balance multiplied by Suspension/Cancellation
transfer from your account or to process the payment as a the DPR for the Feature. This gives us the daily balance for the In addition to any other actions we may take under this
check transaction. If we process your check electronically, Feature for that day and the beginning balance for that Feature Agreement, we may suspend or cancel your Account, any
funds may be withdrawn from your bank or asset account as for the next day. If this balance is negative, it is considered to Feature, or any component of your Account, and /or the may
soon as the same day we receive your check Also, if we process be zero. Then, we add up all the daily balances for the Feature suspend or cancel the authorization of any Additional
your check electronically, you will not receive that cancelled for the billing period and divide the total by the number of Cardmember to make Charges to your Account, at our sole
check with your bank or asset account statement. days in the billing period. This gives us the Average Daily discretion at any time, with or without cause, whether or not
Finance Charges on Features Balance for that Feature. your Account is in default, and without giving you notice,
A. Finance Charges begin to accrue for each Charge as of If you multiply the Average Daily Balance for each Feature subject to applicable law. Any such action on our part will not
the date it is added to the daily balance for a Feature, as by the number of days in the billing period and the DPR for cancel your obligation to pay all Charges due on your Account
described below. However, for Charges (other than Finance that Feature, the result will be the Finance Charge assessed on under the terms of this Agreement in effect at the time of such
Charges) that are added to a balance automatically, no Finance that Feature, except for variations caused by rounding. The action or as subsequently amended, and you agree to pay us all
Charges will accrue in any billing period in which the total total Finance Charge for the billing period is calculated by such Charges despite any such action. We may advise third
Account balance on the Closing Date for the previous billing adding the Finance Charges assessed on all Features of the parties who accept the Card that the Card(s) issued to you
period is zero or a credit balance. In addition, Finance Charges Account. This method of calculating the Average Daily Balance and /or Additional Cardmembers have been canceled. If we
will not accrue during a billing period on any Feature balance and Finance Charge results in daily compounding of Finance cancel the Card or it expires, you may no longer use it and you
if, by the Closing Date of that billing period, payment in full of Charges. We may use mathematical formulas which produce must destroy it or return it to us or, if we request, to a third
the New Balance shown on the statement for the previous equivalent results to calculate the Average Daily Balance, party. If you want to cancel the Account or any Additional
billing period is credited to your Account; provided, however, Finance Charge, and related amounts. For example, we may Cards, you must notify us and destroy the Card(s).
that Finance Charges will accrue on transactions added at your utilize computer programs or other computational methods If we agree to reinstate your Account after a cancellation,
request to a Feature balance during the billing period. that are designed to produce mathematically equivalent results the new Agreement we send you (or, if we do not send you a
B. Each Feature is subject to the same Daily Periodic Rate while using fewer and /or simpler computational steps than are new Agreement, this Agreement as it may be amended) will
( "DPR "), unless we notify you otherwise. Except as provided described in this Agreement. govern your reinstated Account. When the reinstate your
below, the DPR for each Feature is based on an APR, which At our discretion, we may exclude certain categories of Account, we may reinstate any Additional Cards issued in
may vary. The APR is the Prime Rate (described below) plus debit transactions or fees from the calculation of the daily connection with your Account, and bill you the applicable
11.99 %. A DPR is 1/365th of the APR. Your DPRs and APRs balances. Unless we elect to use a later date, we add a Charge to annual fee(s).
appear on the accompanying supplement(s). When an APR the daily balance as follows: For Charges (other than Finance Default
changes, we apply it to any existing balance subject to that rate. Charges) that are added to a balance automatically, we add the We may consider your Account to be in default at any time
C. The "Prime Rate' is determined once with respect to Charge to the appropriate daily balance for the Feature as of the if you fail to pay us any amount when it is due, or if you breach
each billing period. The Prime Rate for each billing period is transaction date of the Charge. For Charges that are not added any other promise or obligation under this Agreement.
the Prime Rate published in the Money Rates section (or to a balance automatically (e.g., in response to a specific Subject to applicable law, we may also consider your
successor section) of The Wall Street Journal on (a) the first day transfer request), we add the Charge to the appropriate daily Account to be in default at any time if any statement made by
of that billing period or (b) the day that is two days prior to the balance for the Feature as of the date we process the request. you to us in connection with this Account or any other credit
Closing Date of that billing period, whichever is higher. In each Periodic Finance Charges are added to the outstanding program was false or misleading; if you breach any promise or
balance at the end of the billing period for which Finance
FDR 974926 2
obligation under any other agreement that you may have with any of the Agreements, or any balances on any such accounts, of civil procedure or rules of evidence. Either party may submit
us or with any of our affiliates; if we receive information (b) advertisements, promotions or oral or written statements a request to the arbitrator to expand the scope of discovery
indicating that you are bankrupt, intend to file bankruptcy, or related to any such accounts, goods or services financed under under the applicable Code. The party submitting such a
are unable to pay your debts as they become due; or we receive any of the accounts or the terms of financing, (c) the benefits request must provide a copy to the other party, who may
information leading us to conclude that you are otherwise not and services related to Cardmembership (including fee -based submit objections to the arbitrator with a copy of the
creditworthy. In evaluating your creditworthiness, you agree or free benefit programs, enrollment services and rewards objections provided to the requesting party, within fifteen (15)
that we may rely on information contained in consumer programs), and (d) your application for any account. We shall days of receiving the requesting party's notice. The granting or
reports, and in our discretion we may consider the amount of not elect to use arbitration under the Arbitration Provision for denial of such a request will be in the sole discretion of the
debt you are carrying compared to your resources or any other any Claim that you properly file and pursue in a small claims arbitrator, who shall notify the parties of his /her decision
ofyour credit characteristics, regardless of your performance court of your state or municipality so long as the Claim is within twenty (20) days of the objecting party's submission.
on this Account. We may also consider your Account in default individual and pending only in that court. The arbitrator shall lake reasonable steps to preserve the
in the event ofyour death. Initiation of Arbitration Proceeding/Selection of privacy of individuals, and of business matters. Judgment upon
In the event ofyour default, and subject to any limitations Administrator: Any Claim shall be resolved, upon the election the award rendered by the arbitrator may be entered in any
or requirements of applicable law, we may require payment of a by you or us, by arbitration pursuant to this Arbitration court having jurisdiction. The arbitrator's decision will be final
portion ofyour outstanding balance greater than the total Provision and the code of procedures of the national and binding, except for any right of appeal provided by the
Minimum Amount Due, declare the entire amount ofyour arbitration organization to which the Claim is referred in effect FAA. I lowever, any party can appeal that award to a three -
obligations to us immediately due and payable, and/or suspend at the time the Claim is filed (the "Cade "), except to the extent arbitrator panel administered by the same arbitration
or cancel your Account, any component of your Account, the Code conflicts with this Agreement. Claims shall be organization, which shall consider anew any aspect of the
and /or any Feature that may be offered in connection with the referred to either the National Arbitration Forum ( "NAF ") or initial award objected to by the appealing party. The appealing
Account. You agree to pay all reasonable costs, including the American Arbitration Association ( AAA ), as selected by party shall have thirty (30) days from the date of entry of the
reasonable attorneys fees, incurred by us (1) in connection the party electing to use arbitration. If a selection by us of written arbitration award to notify the arbitration organization
with the collection of any amount due on your Account, either of these organizations is unacceptable to you, you shall that it is exercising the right of appeal. The appeal shall be filed
whether or not any arbitration, litigation, or similar have the right within 30 days after you receive notice of our with the arbitration organization in the form of a dated
proceedings are initiated; and (2) in reasonably protecting election to select the other organization listed to serve as writing. The arbitration organization will then notify the other
ourselves from any lass, harm, or risk relating to any default on arbitration administrator. For a copy of the procedures, to file a party that the award has been appealed. The arbitration
your Account. Claim or for other information about these organizations, organization will appoint a three - arbitrator panel that will
Transactions Made in Foreign Currencies contact them as follows: conduct an arbitration pursuant to its Code and issue its
If you incur a Charge in a foreign currency, it will be NAF at P.O. Box 50191, Minneapolis, MN 55405; website: decision within one hundred and twenty (120) days of the date
converted into U.S. dollars on the date it is processed by us or www.arbitration- forum.com. of the appellant's written notice. The decision of the panel shall
our agents. Unless a particular rate is required by applicable AAA at 335 Madison Avenue, New York, NY 10017; be by majority vote and shall be final and binding.
law, you authorize us to choose a conversion rate that is website: www.adr.org. Location of Arbitration /Payment of Fees: Any
acceptable to us for that date. Currently, the conversion rate we Significance of Arbitration: IF ARBITRATION IS arbitration hearing that you attend shall take place in the
use for a Charge in a foreign currency is no greater than (a) the CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, federal judicial district of your residence. You will be
highest official conversion rate published by a government NEITHER YOU NOR WE WILL HAVE THE RIGHT TO responsible for paying your share, if any, of the arbitration fees
agency, or (b) the highest interbank conversion rate identified LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL (including filing, administrative, hearing and /or other fees)
by us from customary banking sources, on the conversion date ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT provided by the Code, to the extent that such fees do not
or the prior business day, in each instance increased by 2.7 %. HAVE THE RIGHT TO PARTICIPATE IN A exceed the amount of the filing fees you would have incurred if
This conversion rate may differ from rates in effect on the date REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY the Claim had been brought in the state or federal court closest
ofyour Charge. Charges converted by establishments (such as CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM to your billing address that would have jurisdiction over the
airlines) will be billed at the rates such establishments use. SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH Claim. We will be responsible for paying the remainder of any
BELOW, TIME ARBITRATOR'S DECISION WILL BE FINAL arbitration fees. At your written request, we will consider in
Benefits and Services AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU good faith making a temporary advance of all or part of your
Subject to applicable law, we have the right to add, modify OR WE WOULD HAVE IF YOU WENT TO COURT ALSO share of the arbitration fees for any Claim you initiate as to
or delete any benefit, service, or Feature that may accompany MAY NOT BE AVAILABLE IN ARBITRATION. which you or we seek arbitration. You will not be assessed any
your Account at any time and without notice to you. Restrictions on Arbitration: IF EITHER PARTY ELECTS arbitration fees in excess ofyour share if you do not prevail in
Arbitration TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM any arbitration with us.
Purpose: This Arbitration Provision sets forth the SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. Continuation: This Arbitration Provision shall survive
circumstances and procedures under which Claims (as defined THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY termination of your accounts as well as voluntary payment of
below) may be arbitrated instead of litigated in court. CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS the Account balance in full by you, any legal proceeding by you
Definitions: As used in this Arbitration Provision, the OR ON BASES INVOLVING CLAIMS BROUGHT IN A or us to collect a debt owed by the other, any bankruptcy by
term "Claim' means any claim, dispute or controversy between PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF you or us, and any sale by us ofyour Account (and in the case
you and us arising from or relating to your Account, this THE GENERAL PUBLIC, OTHER CARDMEMBERS OR of sale, its terms shall apply to the buyer of any ofyour
Agreement, the Electronic Funds Transfer Services Agreement, OTHER PERSONS SIMILARLY SITUATED. The arbitrator's Account). Except as otherwise provided in the Restrictions on
and any other related or prior agreement that you may have authority to resolve Claims is limited to Claims between you Arbitration provision above, if any portion of this Arbitration
had with us, or the relationships resulting from any of the and us alone, and the arbitrator's authority to make awards is Provision (other than the Restrictions on Arbitration
above agreements ( "Agreements "), except for the validity, limited to awards to you and us alone. Furthermore, claims provision) is deemed invalid or unenforceable, it shall not
enforceability or scope of this Arbitration Provision or the brought by you against us, or by us against you, may not be invalidate the remaining portions of this Arbitration Provision,
Agreements. For purposes of this Arbitration Provision, "you' joined or consolidated in arbitration with Claims brought by or the Agreement or any predecessor agreement you may have
and "us" also includes any corporate parent, or wholly or against someone other than you, unless agreed to in writing by had with us, each of which shall be enforceable regardless of
majority owned subsidiaries, affiliates, any licensees, all parties. No arbitration award or decision will have any such invalidity.
predecessors, successors, assigns, any purchaser of any preclusive effect as to issues or claims in any dispute with Waiver
accounts, all agents, employees, directors and representatives anyone who is not a named party to the arbitration. Our failure to exercise any of our rights under this
of any of the foregoing, and other persons referred to below in Notwithstanding any other provision in this Agreement Agreement, our delay in enforcing any of our rights, or our
the definition of "Claims. " "Claim' includes claims of every (including but not limited to the Continuation provision waiver of our rights on any occasion, shall not constitute a
kind and nature, includig but not limited to, initial claims, below) and without waiving either party's right to appeal such waiver of such rights on any other occasion.
counterclaims, cross - claims and third -party claims and claims decision, should any portion of this Restrictions on Arbitration
based upon contract, tort, fraud and other intentional torts, provision be deemed invalid or unenforceable, then the entire Consumer authorize ner Reports
statutes, regulations, common law and equity. "Claim' also Arbitration Provision (other than this sentence) shall not You to request consumer reports about you, to
includes claims by or against any third party using or providing apply, make whatever credit investigations we deem appropriate,
any product, service or benefit in connection with any account Arbitration Procedures: This Arbitration Provision is obtain and exchange any information we may reeceive ceive from
to
consumer reports and other sources, and to use such
(including, but not limited to, credit bureaus, third parties who made pursuant to a transaction involving interstate commerce, information for any purposes, subject to applicable law.
accept the Card, third parties who use, provide or participate in and shall be governed by the Federal Arbitration Act, 9 U.S.C.
fee -based or free benefit programs, enrollment services and Sections 1 -16, as it maybe amended (the "FAA'). The You authorize to furnish information concerning your
rewards programs, credit insurance companies, debt collectors arbitration shall be governed by the applicable Cade, except Account to consumer r reporting agencies, or others, subject to
and all of their agents, employees, directors and that (to the extent enforceable under the FAA) this Arbitration applicable law. If you believe information we have furnished
representatives) if and only if, such third party is named as a Provision shall control if it is inconsistent with the applicable about your Account to a consumer reporting agency is
co -party with you or us (or files a Claim with or against you or Code. The arbitrator shall apply applicable substantive law inaccurate, you should write to us at: American Express Credit
us) in connection with a Claim asserted by you or us against consistent with the FAA and applicable statutes of limitations Bureau Unit, P.O. Box 7871, Ft. Lauderdale, FL 33329 -7871 and
the other. The term "Claim"is to be given the broadest possible and shall honor claims of privilege recognized at law and, at identify the specific information you believe
meaning that will be enforced and includes, by way of example the timely request of either party, shall provide a brief written is inaccurate.
and without limitation, any claim, dispute or controversy that explanation of the basis for the decision. The arbitration You are hereby notified that information about your
arises from or relates to (a) any of the accounts created under proceeding shall not be governed by any Federal or state rules Account that may have a negative impact on your credit record
FDR 974926 3
may be submitted to a credit reporting agency if you fail to principles of conflicts of law), and by applicable federal law. We 1
fulfill the terms of your credit obligations. are located in Utah, hold your Account in Utah, and entered
Telephone Communications into this Agreement with you in Utah.
You agree that from time to time we may monitor and /or AMERICAN EXPRESS CENTURION BANK
record telephone calls between you (or Additional t t t
Cardmembers on your Account) and us to assure the quality of To American Express Cardmembers In The United States
our customer service or as required by applicable law. and Its Territories Once you enroll in Express Cash (Call 1- 800 - CASH -NOW),
You authorize us to call or send a text message to you at any Your Billing Rights - Keep This Notice for Future Use Pay By Computer, Pay By Phone or any other American
number you give us or from which you call us, including This notice contains important information about your Express Electronic Funds Transfer service (hereafter the
mobile phones. rights and our responsibilities under the "Fair Credit Billing "Program'), you will be subject M this Electronic Funds
You authorize us to make such calls using automatic Act.' Transfer Agreement (the "EFT Agreement ").
telephone dialing systems for any lawful purpose, including Notify Us in Case of Errors or Questions About Your Scope of Agreement
but not limited to: suspected fraud or identity theft; Account Account Statement This EFT Agreement covers your participation in the
transactions or servicing; offers of American Express products If you think your statement is wrong or if you need more Program. In this EFT Agreement, the words "you" and "your'
and services; and collecting on your Account. You authorize us information about a transaction on your statement, write us on refer to the Basic Cardmember and also include all Additional
to place prerecorded calls in connection with the status of your a separate sheet of paper at the address for billing inquiries Cardmembers who have enrolled in the Program. The words
account, or security and identity theft matters. listed on your statement. Write to us as soon as possible. We "w'e; "our' and "us' refer to American Express Travel Related
You agree to pay any fees or charges you incur for incoming must hear from you no later than 60 days after we sent you the Services Company, Inc. The words "your American Express
calls or text messages from us without reimbursement. first statement on which the error or problem appeared. You can Accounts" refer to your Card Account or any other American
Privacy Act of 1974 Notification also telephone us, but doing so will not preserve your rights. Express Accounts that we permit you to enroll in the Program.
Use of the Card at Federal Government Agencies In your letter, give us the following information: The words "your Bank Account" refer to the account held by a
American Express has entered into contacts that enable Your name and Account number. bank, securities firm or other financial institution from which
the Card to be accepted at certain federal government agencies The dollar amount of the suspected error. payment will be made when you make transactions under the
and departments (`Agencies "). As with Card transactions at Describe the error and explain, if you can, why you Program. The words "your bank" mean the bank, securities
commercial establishments, when you choose to use your Card believe there is an error. If you need more information, firm or other financial institution that holds your Bank
at an Agency, certain Charge information is necessarily describe the item you are not sure about. Account. The words "other options" refer to electronic
collected by us. Charge information from Card transactions at If you have authorized us to pay your Account statement payment transfer options and /or other cash access that
Agencies may be used for routine uses, such as processing automatically from your savings, checking or other account, American Express may make available from time to time,
Charges and payments, billing and collections activities and you can stop the payment on any amount you think is wrong. including the option to pay your Card Account bill
maybe aggregated for reporting, analysis and marketing To stop the payment, your letter must reach us three business electronically using a computer, phone or other device.
activities. Additional "routine uses' of Charge information by days before the automatic payment is scheduled to occur. Participating in the Express Cash Program will enable you to
Agencies are published periodically in the Federal Register. Your Rights and Our Responsibilities After We Receive use the Card to obtain cash from Automated Teller Machines
Your Written Notice ( "ATMs ") operated by any bank or financial institution that
Insurance Products Notice participates in the Express Cash Program.
We identify insurance providers and products that may be We must acknowledge your letter within thirty (30) days, The Card Account is governed by the Cardmember
of interest to you. In this role we may act on behalf of the unless we have corrected the error by then. Within ninety (90) Agreement that is attached to this EFT Agreement. That
insurance provider, as permitted by law. We receive days, we must either correct the error or explain why we agreement and the capitalized terms in it also apply here.
compensation from insurance providers that may vary by believe the statement was correct.
provider and product. Also, we may receive additional After we receive your letter, we cannot try to collect any Personal Identification Number
compensation or financial benefit when AMEX Assurance amount you question, or report you as delinquent. We can In connection with your participation in the Program, we
Company or another American Express entity acts as the continue to bill you for the amount you question, including have issued to you or allowed you to choose your own Personal
insurer or reinsurer for these products. The arrangements we Finance Charges, and we can apply any unpaid amount against Identification Number ( "PIN "). Each time you wish to obtain
have with providers, including the potential to insure or your credit line. You do not have to pay any questioned amount cash at an ATM you must supply your PIN and use or present
reinsure products, may also influence what products and while we are investigating, but you are still obligated to pay the the Card. To ensure that no unauthorized transactions are
providers we identify. parts of your statement that are not in question. made under the Express Cash Program, you should take all
If we find that we made a mistake on your statement, you reasonable precautions to prevent any other person from
Notices will not have to pay any Finance Charges related to any learning your PIN or using the Card. For example, never keep
Any notice given by us shall be deemed given when questioned amount. If we did not make a mistake, you may any material containing your PIN attached to or with the Card.
deposited i the U.S. mail, postage prepaid, addressed to you at have to pay Finance Charges, and you will have to make up any Other electronic funds transfer options may or may not require
the latest Billing Address shown on our records. missed payments on the questioned amounts. In either case, the use of a PIN.
Changing this Agreement /Assignment of this Agreement we will send you a statement of the amount you owe and the I.hnits on Obtaining Cash or Cheques
We may change the terms of or add new terms to this date that it is due. The limit on the amount of cash that you and Additional
Agreement at any time, in accordance with applicable law. We If you fail to pay the amount that we think you owe, we may Cardmembers on your American Express Accounts may obtain
may apply any changed or new terms to any then - existing report you as delinquent. However, if our explanation does not from ATMs is $2,500 in any seven -day period. We may impose
balances on your Account as well as to future balances. This satisfy you and you write to us within ten (10) days telling us additional limits at our sole discretion (in addition to any
written Agreement is a final expression of the agreement that you still refuse to pay, we must tell anyone we report you limits imposed by the ATM's operator).
between the creditor and the debtor and the written to that you have a question about your statement, and we must
Agreement may not be contradicted by evidence of any alleged tell you the name of anyone we reported you to. We must tell f aym for y nitia t e a trans
oral agreement. We may also sell, transfer or assign this anyone we report you to that the matter has been settled Each h i time yoou u initiate a transaction under the Program,
you instruct and authorize
Agreement and the Account at any time without notice to you. between us when it finally is. our agent to draw a check or
You may not sell, assign or transfer your Account or any of If we do not follow these rules, we cannot collect the first initiate an automated clearing house ("ACH ")debit in your
your obligations under this Agreement. Your Account may be $50 of the questioned amount, even if your statement was name your Bank Account, payable to us or to our agent, in
transferred to American Express Centurion Services correct. the amount of the transaction. The amount of the transaction
Corporation if your Account is in default under the terms of is the total fe you the amount of any cash you received or other
Special Rule for Credit Card Purchases funds transfer you authorized, (ii) the amount of any other
this Agreement.
If you have a problem with the quality of property or goods or services obtained, and (iii) any fees imposed for use
Assignment of Claiins services that you purchased with the Card, and you have tried of the ATM by its operator.
In the event you dispute a Charge and we credit your in good faith to correct the problem with the merchant, you Fees
Account for all or part of such disputed Charge, we may have the right not to pay the remaining amount due on
succeed to, and you are automatically deemed to h t may charge a fee T the Card Account for each Express
automatically Y Y the property or services. There are two limitations to this right: Cash transaction at an ATM. This fee will be 3% of the amount
assign and transfer to us, any rights and claims (excluding tort (a) You must have made the purchase in your home state or, if
claims) that you have, had or may have against any third party not within your home state, within 100 miles of your current transaction the transaction, with a minimum of t o The amount of the
equal to the amount we credited to our transaction fs the total of a n the amount o any cash you
for an amount a
q Y mailing address; and (b) The purchase price must have been received or other funds transfer you authorized, (ii) the
Account. After we make such credit, you agree that without our more than $50. amount of any other goods or services obtained, and (iii) any
consent you will not pursue any claim against or These limitations do not apply if we own or operate the fees imposed for use of the ATM by its operator. In addition,
reimbursement from such third party for the amount that we merchant, or if we mailed you the advertisement for the for each transaction your bank may assess its customary
credited to your Account, and that you will cooperate with us if property or services. transaction fee or per -check or item - handling charge, if any.
we decide to pursue the third party for the amount credited. Note for Ohio Residents: The Ohio laws against
discrimination require that all creditors make credit a ll We may also charge a fee of $38 for each check or ACH debit
ua
Applicable Law q q Y drawn by us or our agent in connection with the Program that
This Agreement and your Account, and all questions about available to all creditworthy customers, and that credit reporting is not honored upon first presentment, subject to applicable
their legality, enforceability and interpretation, are governed by agencies maintain separate credit histories on each individual law. Your bank may also assess its customary charge for such
the laws of the State of Utah (without regard to internal upon request. The Ohio Civil Rights Commission administers items, if any.
compliance with this law.
FDR 974926 4
Dishonored Requests for Payments Lauderdale, FL 33329 -7815 or e-mail us by clicking on the Prior Agreements and Assignments
If any check or ACH debit drawn by us or our agent in Customer Service link online at www.americanexpress.com. This EFT Agreement supercedes all prior agreements you
connection with the Program is not honored by your bank, we Telephone: I-800-CASH-NOW, 24 hours a day, seven days may have with us relating to the Program. We have the right to
have the right to charge the amount of any such transaction, a week. assign this EFT Agreement to a subsidiary or affiliate company
and the dishonored payment fee referred to above, to the Card In Case of Errors or Questions About Your Transactions at any time.
Account or to collect the amount from you. If this happens, we Write or call us at the number or address given above as AMERICAN EXPRESS TRAVEL RELATED SERVICES
may cancel your right to participate in the Program. soon as you can if you think your statement or receipt is wrong COMPANY, INC.
For certain Bank Accounts, you may have a separate or ifyou need more information about a transaction listed on
agreement with us or with a participating bank, securities your statement or receipt. We must hear from you no later than Note for Massachusetts Residents
firm, or other financial institution that allows a line of credit to 60 days after we sent you the FIRST statement on which the General Disclosure Statement: Any documentation
be accessed in the event that your Bank Account contains problem or error appeared. If you are delayed in contacting us provided to you which indicates that an electronic funds
insufficient funds to make payment to us. You should refer to due to extenuating circumstances (such as a hospital stay), we transfer was made shall be admissible as evidence of such
the appropriate agreement relating to that line of credit for the may extend this 60 days for a reasonable time. transfer and shall constitute prima facie proof that such
terms and conditions that govern its use. I. Tell us your name and Card Account number. transfer was made.
Liability for Unauthorized'I'ransactiom and Advisability of 2. Describe the error or the transaction you are unsure The initiation by you of certain electronic funds transfers
Prompt Reporting about, and explain as clearly as you can why you believe it is an from your Bank Account will, except as otherwise provided in
You must tell us AT ONCE if you believe the Card or your error or why you need more information. this EFT Agreement, effectively eliminate your ability to stop
PIN has been lost, stolen or used without your permission. 3. Tell us the dollar amount of the suspected error. payment of the transfer.
Telephoning is the best way of minimizing possible losses. If a If you tell us orally, we may require that you send us your UNLESS OTIiERWISE PROVIDED IN THIS EFT
transaction was unauthorized, and within two days after you complaint or question in writing within 10 business days* from AGREEMENT, YOU MAY NOT STOP PAYMENT OF
learn about it you notify us, that the transaction was the date you notified us. ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU
unauthorized, we will not hold you liable for that transaction. We will tell you the results of our investigation within 10 SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR
In any event, even if you fail to notify us, your liability for any business days* after we hear from you and we will correct any PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED
unauthorized transaction or series of related unauthorized error promptly. if we need more time, however, we may take up THAT YOU WILL NOT NEED TO STOP PAYMENT.
transactions shall not exceed $50. If you believe the Card or to 45 calendar days to investigate your complaint or question. Disclosure of Account Information to Third Parties: If
your PIN has been lost or stolen or that someone has If we decide to do this we will assure that your bank recredits you give us your written authorization to disclose information
transferred or may transfer money from your Bank Account your Bank Account within 10 business days* for the amount about you, your Card Account or the transactions that you
without permission call: you think is in error, so that you will have the use of the money make to any person, that authorization shall automatically
1- 800 -528 -4800 (within U.S.) or 1-336-393-1111 (outside during the time it takes us to complete our investigation. If we expire 45 days after we receive it.
U.S.) anytime, or write: American Express Credit Department, ask you to put your complaint or question in writing and we do Optional Limit on Obtaining Cash: You have the option
P.O. Box 53830, Phoenix, Arizona 85072 -3830. not receive it within 10 business days* following your oral to request that we limit the total amount of cash that you may
Outside the United States, you may also contact any notification, we may not recredit your Bank Account. obtain from ATMs in a single day to $50. If you elect this
American Express Travel Service location to report a loss or For transactions initiated outside the United States (and in option we will take all reasonable steps to comply with your
theft of the Card or your PIN. the event there are transfers resulting from any point -of -sale request.
Our Liability for improper Transactions or Payments debit card transactions), we will have 90 calendar days to For Your Safety When Using an ATM, Please Observe the
If a transaction is not completed as you have directed or if complete our investigation, unless otherwise required by law. Following:
we do not complete a transfer to or from your Bank Account on If notification of an error is received within 30 calendar If the ATM you are using is inside a building, close the
time in the correct amount, we will research and correct it as days after your Bank Account is opened, we will have 20 entry door completely upon entering. Individuals who have a
necessary, once you advise us. We will also reimburse you for business days to provide you with the results of our legitimate need to gain access to an ATM should have a card.
your actual losses or damages, if any, caused by our error. investigation and correct any error and 90 days to complete the There may be occasions when non - authorized users gain
However, there are some exceptions. We will not be liable to investigation. access to an ATM machine that are beyond an individual's
you in the following instances: If we determine that there was no error, we will send you a control.
if, through no fault of ours, your Bank Account does not written explanation within three business days after we finish Put withdrawn cash in a secure place before stepping away
or did not contain enough money to complete the our investigation. Upon your request we will provide you with from the ATM. Be aware of your surroundings. If you believe
transaction or the transfer would exceed an established copies of the documents that we used in our investigation. If you are being watched or followed, cancel your transaction,
credit limit; we have provisionally recredited your Bank Account during the then go to a well- populated area. If necessary, call the local
if the funds in your Bank Account are or were at the time investigation and determine that there was no error, we will police,
of the attempted transaction subject to legal process or notify you of the date on which we will redebit your Bank Do not write your PIN number on or near the Card. Do not
other encumbrance restricting the transaction; Account, and the amount to be debited. You authorize us or an give your PIN number to anyone else. In case of an emergency,
if the ATM or other location where you are making the agent to debit your Bank Account for this amount. You should call 911.
transaction did not have enough cash; make certain that your Bank Account contains sufficient funds Complaints concerning security at an American Express
• if the ATM was not working properly and you knew this to cover this debit. If it does not, we have the right to charge Dispenser should be directed to the address listed under How
at the time you started making the transaction; such amount to the Card Account or to collect the amount to Contact Us.
from you. If this happens, we may cancel your right to Note: Acti is being recorded cameras at ATM
• if circumstances beyond our control (such as fire or f �' g b y hidden ca
flood) prevent or prevented the transaction, despite participate in the Program. locations in New York City and/or as required by local
reasonable precautions that we have taken; Termination regulations.
if a technical malfunction known to you prevented the We, or any bank or financial institution participating in the *For Massachusetts residents: 10 calendar days instead of
transaction; Program, may add to or remove from the Program any or all business days.
or any other exceptions stated in this EFT Agreement. ATMs or extend or limit the services provided at any location
Business Day without notifying you beforehand. In addition, we may ReturnTro
For purposes of this EFT Agreement, our business days are discontinue the Program at any time.
Monday through Friday. Holidays are not included. Your right to participate in the Program will be terminated Program Description
or suspended if the Card Account is cancelled or suspended, if Return Protection offers you guaranteed product
Arbitration you cancel the authorization you have given your bank to satisfaction on designated items purchased entirely with an
The Card Account is governed by the Cardmember directly charge checks to your Bank Account, if the Bank eligible American Express Card. If you try to return a
Agreement contained herein. The Arbitration provision Account from which payment will be made when you make designated item within 90 days from the date of purchase and
contained within that agreement applies to this EFT transactions under the Program is closed to withdrawal the merchant won't take it back, American Express will refund
Agreement. Please refer to that provision as you read this EFT transactions by us or our agents, if your participation in the the full purchase price, up to $300 per item, excluding shipping
Agreement. Program is inactive for 18 consecutive months or more, or if and handling, and up to a maximum of $1,000 annually per
Privacy the Card Account is no longer in good standing. Cardmember Account.
Electronic funds transfers you initiate pursuant to this EFT In addition to the foregoing, we may revoke your right to flow to File a Return Protection Request
Agreement are covered by the American Express Privacy participate in the Program, at any time, at our sole discretion, Once you have verified that the merchant will not accept
Policy, a copy of which was given to you together with your with or without cause, subject to applicable law. If we do so, we the designated item, call 1- 800 - 297 -8019 within 90 days of the
American Express Card. To view our Privacy Policy online, will send you written notice, but we may not send you the purchase date to notify us of your request. Within 30 days from
please visit americanexpress.com. notice until after the revocation. We also have the right to deny the date of your initial call, we need to receive the following:
How to Contact Us authorization for any requested transaction, at any time, at our Original store receipt
If for any reason you wish to contact us about the Program, sole discretion, with or without cause, and without giving you American Express Card record of charge
about your participation in the Program, or about transactions notice, subject to applicable law. You may terminate your Any other items deemed reasonable by us to process
relating to the Program, write or call us as follows: participation in the Program but you must do so by writing to your request
Address: American Express Travel Related Services us at the address disclosed in the Section of this EFT Once your request has been approved, you will be
Company, Inc., Electronic Funds Services, P.O. Box 297815, Ft. Agreement entitled How to Contact Us. instructed to send the purchased item to us within 30 days.
FDR 974926 5
Please keep a record of your shipping statement, as you will combined coverage of the original manufacturer's warranty Applicable for Residents in the States of Arizona and
need to provide proof of shipping in the event that your and the purchased service contract exceed five (5) years, the Indiana
designated items are not received. You are responsible for the product purchased is not eligible under this plan and no Form Numbers: EW- IND- CCSG107 /07, EW- IND -CCSG2
shipping and handling charges for the item. The refund — up to coverage applies. Extended Warranty does not reimburse for 07/07, EW- IND- OSBN107 /07, EW- IND -OSBN2 07/07
$300 per item and up to a maximum of $1,000 per shipping and handling expenses or installation, assembly, Applicable for Residents of the State of Kentucky
Cardmember per year — will be reimbursed to you. professional advice, maintenance or other service charges. If Form Number: PP /EW- RDRI -KY 05 /07 -In the
Limitations you experience more than one loss in a calendar year, we will Termination or Cancellation section: The company has the
Purchases must be made in the United States and charged Pay an amount not to exceed $50,000 for all losses in a right to cancel the policy at any time by sending a written
in full on your Card. A refund will not be paid if, on the date we calendar year. Our benefit payment will not include any notice at least seventy -five (75) days in advance to you at your
receive your Return Protection Request, or on the date of product rebates, discounts or money received from the lowest last known address.
would -be an , ment a price comparison programs that reduced the original cost of
P y y amount on your Card Account is past the property. Applicable for Residents of the State of ltklahoma
due for one or more billing cycle(s) or your Card is canceled. Form Number: PP /EW- RDRI -OK 07/07 -The following is
Refunds are limited to $300 per designated item, and $1,000 Exclusions added to your Description of Coverage: WARNING: Any
annually per Cardmember Account. The item must be in "like Benefits are not payable if the loss for which coverage is person who knowingly, and with intent to injure, defraud or
new' condition (not visibly used or worn) and in working sought was directly or indirectly, wholly or partially, deceive any insurer, makes any claim for the proceeds of an
order to be eligible. An item is eligible if it may not be returned contributed to or caused by: 1. any physical damage, insurance policy containing any false, incomplete or
by the Cardmember to the merchant from which it was including, but not limited to, damage as a direct result of misleading information is guilty of a felony.
originally purchased. Any item purchased from a merchant natural disaster or a power surge, except to the extent the
that has an established return/ satisfaction guarantee program original manufacturer's warranty covers such damage; 2. Applicable for Residents of the State of Oregon
which is greater than or equal to the terms of Return mechanical failure covered under product recall; or 3. fraud or Form Number EW- RDRI -OR 05/07 -In the Exclusions
Protection, and provides coverage for claim, will not be eligible abuse or illegal activity of any kind by the cardmember. section the following is removed: 3. fraud or abuse or illegal
for a Return Protection Refund. Product rebates, discounts or Purchases Nn
activity of any kind by the cardmember;
t Ciiveretl
money received from lowest price comparison programs will The following are not covered: 1. products covered by an Applicable for Residents of the State of South Dakota
be deducted from the original cost of the item. The maximum unconditional satisfaction guarantee; 2. motorized vehicles Form Number: PP /EW- RDRI -SD 05/07
you will be compensated will not exceed the manufacturer's (including, but not limited to, passenger cars, trucks, Applicable for Residents of the State of Texas
suggested retail price. motorcycles, boats, airplanes) and their parts, subject to high Form Number: EW- IND -TX 07/07
Items not eligible for a refund are: animals and living risk, combustible, wear and tear or mileage stipulations Applicable for Residents of the State of Vermont
plants; one -of -a -kind items (including antiques, artwork, and (including, but not limited to, batteries, carburetors, pipes, Form Number: PP /EW- RDRI -VT 05/07
furs); limited edition items; going- out -of- business sale items; hoses, pistons, brakes, tires, or mufflers); 3. motorized devices
consumable or perishable items with limited life spans (such as and their parts used for agriculture, landscaping, demolition or i . f t
perfume, light bulbs, non - rechargeable batteries); jewelry construction; 4. motorized devices and their parts which are
(including, but not limited to, loose gems, precious stones, permanent additions or fixtures to a residential or commercial Description of Coverage
metals, and pearls); watches; services and additional costs building; 5. business fixtures, including, but not limited to, air Underwritten by AMEX Assurance Company,
(such as installation charges, warranties, shipping, or conditioners, refrigerators, heaters; 6. land or buildings; 7. Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay,
memberships); rare and precious coins; used, altered, rebuilt consumable or perishable items; 8. animals or living plants; 9. WI 54304
and refurbished items; custom -built items, cellular phones; more than one article in a pair or set. Coverage will be limited Purchase Protection provides coverage for Your purchases
pagers; compact discs; digital video discs; mini discs; to no more than the value of any particular part or parts, for ninety (90) days from the date of purchase when You
audiotapes; videotapes; computer software; firmware (such as unless the articles are unusable individually and cannot be charge any portion of the price of the purchased item to Your
console games, Nintendo, etc.); maps; books of any kind; replaced individually, regardless of any special value they may Account. You will be reimbursed only for the amount charged
health care items (such as blood pressure machines and have had as part of a set or collection; 10. items still under to Your Account. (See Description of Benefits section.)
diabetes equipment); formal wear; tickets of any kind; installment billing; 11. additional service contract or extended
motorized vehicles (such as cars, trucks, motorcycles, boats, or warranty coverage for a computer, computer component or Definitions
airplanes) and their parts; land and buildings; firearms; part that you buy which already comes with an original United Certain words used in this Description of Coverage are
ammunition; negotiable instruments (such as promissory States of America manufacturer's warranty, unless such capitalized throughout and have special meanings. Wherever
notes, stamps and travelers checks); cash and its equivalent; coverage is provided and administered by the original used herein, the singular shall include the plural, the plural
and items permanently affixed to home, office, vehicles, etc., manufacturer; and 12. items purchased for resale, professional, shall include the singular, as the context requires.
(such as garage door openers, car alarms). or commercial use (this does not apply to OPEN Account means Your American Express Card Account.
If you have any questions regarding a Return Protection Cardmembers). Cardmember means a person who has been issued a
Request or the Return Protection program, please call our United States of America based proprietary American Express
<;eneral Provisions Card, which is Current and in Good Standing, and who has a
Customer Service Department at 1 -800- 297 -8019. g'
Excess Coverage Permanent Residence in the 50 United States of America, the
t r t If any loss under this policy is insured under any other District of Columbia, Puerto Rico or the U.S. Virgin Islands.
valid and collectible policy, then this policy shall cover such Covered Incident means the theft of, or damage, whether
The information below summarizes the terms and loss, subject to its exclusions, conditions, provisions and other by accident or vandalism, to any one item of property
conditions of the Extended Warranty plan (formerly the terms herein, only to the extent that the amount of such loss is purchased worldwide as a gift or for personal or business use
Buyer's Assurance Plan). Extended Warranty is underwritten in excess of the amount of such other insurance which is and charged to Your Account.
by AMEX Assurance Company, Administrative Office, Green payable or paid. Company means AMEX Assurance Company, and its duly
Bay, WT. Coverage is determined by the terms, conditions, and authorized agents.
Termination or Cancellation
exclusions of Policy AX0953 and is subject to change with Current and in Good Standing means a Cardmember
Coverage will cease on the earliest of the following: I. the
notice. This document does not supplement or replace the date you no longer maintain a permanent residence in the 50 Account for which the monthly minimum requirement has
Policy. Please call us at the number on back of your United States of America, the District of Columbia, Puerto Rico been paid prior to the date in which the claim is payable.
American Express Card for a complete copy of your terms or the U.S. Virgin Islands; 2. the date we determine that you or Master Policyholder means American Express Travel
and conditions. Extended Warranty will extend the terms of someone on your behalf intentionally misrepresented or fraud Related Services Company, Inc.
the original manufacturer's warranty for a period of time equal Permanent Residence means the one primary dwelling
occurred; 3. the date the policy is cancelled; 4. the date you are
to the duration of the original manufacturer's warranty, up to no longer a cardmember; 5. the date your account ceases to be place where the Cardmember resides and to which they intend
one (1) additional year (Centurion Cardmembers up to three current and in good standing; or 6. the date the plan is not to return.
(3) additional years) on warranties of five (5) years or less that available means the Policy and the benefits described therein.
available in the location where you maintain a permanent
are eligible in the United States of America. Platinum Cardmember means a Cardmember who has a
residence. Termination or cancellation of coverage will not
Description of Benefits prejudice any claim originating prior to termination or Platinum Charge Card (required to be paid in full monthly), a
Where a loss has occurred during this plan's extended cancellation subject to all other terms of the policy. The Corporate Platinum Card, or a Fidelity American Express
warranty time period of up to one (1) additional year company has the right to cancel the policy at any time by Platinum Card. Any other Card which may reference the
(Centurion Cardmembers up to three (3) additional years), we sending a written notice at least forty five (45) days in advance Platinum name or has Platinum colored plastic will not receive
will provide a benefit equal to the coverage of the original to you at your last known address. The notice will include the higher coverage limits or benefits.
manufacturer's warranty on warranties of up to five (5) years. reason for cancellation. Policy means the Group Insurance Master Policy (AX0951
We will pay up to the actual amount charged to your account issued to American Express Travel Related Services Company,
for the product for which a loss is claimed, but not to exceed Form - DOC-iS Inc.).
$10,000. If the product also is covered by a purchased service E -OSBNI 0/07 2/07, E W- DOC -OSBN2 02/07 You, Your means the Cardmember.
2/07, EW-DOG CCSG2 02/07, EW- We, Us, Our means the Company.
DOCOSBN1
contract, this plan's extended warranty time period begins at
the end of the service contract and extends the original :applicable for Residents itf the State of Alaska Description of Benefits
manufacturers warranty for a period of time equal to that Form Number: PP /EW- RDRI -AK 06/07 We will pay You the expense charged to Your Account up to
warranty, up to one (1) additional year (Centurion $1,000 for any one Covered Incident and up to $50,000 for all
Cardmembers up to three (3) additional years). If the
FDR 974926 6
Covered Incidents during a calendar year. Purchase Protection Claims Provisions Covered Incident benefit which is not reimbursed by other
provides benefits, for ninety (90) days from the date of If You experience a loss for which You believe a benefit is insurance up to Our limits, as provided under the Description
purchase, if a Covered Incident occurs with respect to property payable under this Plan, You must provide both Notice of of Benefits section.
You purchased and charged to Your Account. Our benefit Claim and Proof of Loss. General Provisions
payment will not include shipping and handling expenses or To insure prompt processing of Your claim, report any theft
installation, assembly, professional advice, maintenance or or damage immediately following the date of the Covered Change Permanent Residence
other service charges or any product rebates, discounts or Incident, including for gifts purchased with the Card. Retai change If the change is to a different state, Your Policy provisions
money received from lowest price comparison programs that Your receipts and Your damaged property (if applicable) until may be adjusted to conform to the requirements of that state.
reduced the original cost of the property the claim process is complete. Clerical Error
Our payment of any eligible benefit amount is further Notice of Claim A clerical error made by the Company will not invalidate
contingent upon Your Account being Current and in Good Notice of Claim should be provided to Us within thirty (30) insurance otherwise validly in force nor continue insurance
Standing. days of the loss. You may contact Us by calling toll-free not validly in force.
Only a Cardmember has a legal and equitable right to any stateside 1 -800- 322 -1277 or, if from overseas, by calling collect Conformity with State and Federal Law
insurance benefit that may be available under this Plan. 1 -303- 273 -6498. You may also write to Us at Purchase If a Plan provision does not conform to applicable
Exclusions Protection, PO Box 402, Golden, CO 80402 -0402. provisions of State or Federal law, the Plan is hereby amended
Benefits are not payable if the loss for which coverage is Failure to provide Notice of Claim within thirty (30) days to comply with such law.
sought was directly or indirectly, wholly or partially, will not invalidate a claim or reduce any benefit payment that Entire Contract; Representation; Change
contributed to or caused by: may be found to be eligible, if it can be shown that it was This Description of Coverage, the Policy and any
1. war or any act of war, whether declared or undeclared; provided as soon as reasonably possible. At the time You applications, endorsements or riders make up the entire
2. any activity directly related to and occurring while in provide Us with Notice of Claim, We will assist You with Your contract. Any statement You make is a representation and not
the service of any armed military force of any nation state Proof of Loss by providing You with instructions and /or a warranty. This Description of Coverage may be changed at
recognized by the United Nations; documents, which You may have to complete and return to Us. any time by written agreement between the Master
3, participation in a riot, civil disturbance, protest or You are required to cooperate with Us and provide Policyholder and the Company. Only the President, Vice -
insurrection; documentation as requested by Us which is required and President or Secretary of AMEX Assurance Company may
4. violation of a criminal law, offense or infraction; necessary to process Your claim and determine if benefits are change or waive the provisions of the Description of Coverage.
5. natural disasters, including, but not limited to, payable. No agent or other person may change the Description of
hurricanes, floods, tornados, earthquakes or any other event in For residents of Missouri, no claim will be denied based Coverage or waive any of its terms. This Description of
the course of nature, that occurs at the same time or in separate upon Your failure to provide notice within such specified time, Coverage may be changed at any time by providing notice to
instances; unless this failure operates to prejudice the right of Us. You. A copy of the Policy will be maintained and kept by the
6. fraud or abuse or illegal activity of any kind by the Proof of Loss Master Policyholder and may be examined at any time.
Cardmember; Proof of Loss requires You to send Us all the information Excess Coverage
7. confiscation by any governmental authority, public We request, at Your expense, in order that Your claim may be If any loss under this Policy is insured under any other
authority, or customs official; evaluated and that We may make a determination as to valid and collectible policy, then this Policy shall cover such
8. negligent failure of a duty to care by any third party in whether the claim may be paid. You must provide Us with loss, subject to its exclusions, conditions, provisions and other
whose possession the property purchased by a Cardmember satisfactory Proof of Loss within thirty (30) days (for residents terms herein, only to the extent that the amount of such loss is
has been temporarily placed; of North Dakota sixty (60) days) after We have provided You in excess of the amount of such other insurance which is
9. not being reasonably safeguarded by You; with instructions and /or a claim form in response to Your payable or paid.
10. theft from baggage not carried by hand and under Your Notice of Claim or Your claim may he denied. Your Proof of
personal supervision or under the supervision of a traveling Loss documentation may be mailed to Us at the same address Fraud
companion known by You; provided above for mailing Your Notice of Claim. We reserve If any request for benefits made under the Plan is
11. damage through alteration (including, but not limited the right to request all the information We deem necessary to determined to be fraudulent, or if any fraudulent means or
to, cutting, sawing and shaping); determine that Your claim is payable, and We will not consider devices are used by You or by anyone acting on Your behalf to
12. normal wear and tear, inherent product defect or that We have received complete Proof of Loss until the obtain benefits, all benefits will be forfeited.
manufacturer's defects or normal course of play; information We have requested is received. We do not provide coverage to a Cardmember who,
13, damage or theft while under the care and control of a Proof of Loss may require documentation consisting of, but whether before or after a loss, has: 1. concealed or
common carrier; no t necessarily limited lo, the following:
misrepresented any fact upon which we rely, if the
14. food spoilage; or 1. a Purchase Protection Claim Form; concealment or misrepresentation is material and is made with
15. leaving property at an unoccupied construction site. 2, the original itemized store receipt; the intent to deceive; or 2. concealed or misrepresented any
For residents of Washington, the first paragraph of this 3. the insurance declaration forms for Your other sources fact if the fact misrepresented contributes to the loss.
section is removed and replaced with the following: We will of insurance or indemnity (e.g., homeowner's or renter's Legal Actions
not pay for loss caused by any of the excluded events described insurance); No legal action may be brought to recover against this Plan
below. Loss will be considered to have been caused by an 1, a photograph of and/or repair estimate for the damaged until sixty (60) days after Proof of Loss has been received by
excluded event if the occurrences of that event directly and properly; and Us. No such action may be brought after three (3) years (for
solely results in loss, or initiates a sequence of events that result 5, for theft and vandalism claims, a report regarding the residents of Arkansas five (5) years and residents of Missouri
in loss, regardless of the nature of any intermediate or final stolen or vandalized property must be filed with the ten (10) years) from the time written Proof of Loss is required
event in that sequence. appropriate authority before You call to file a claim under to be given.
Purchases Not Covered Purchase Protection. If a time limit of this Plan is less than allowed by the laws of
The following purchases are not covered: No payment will be made on claims not substantiated in the state where You live, the limit is extended to meet the
1. travelers checks, tickets of any kind, negotiable the manner required by Us. minimum time allowed by such law.
instruments (including, but not limited to, gift certificates, gift If all required documentation is not received within thirty Right of Recovery
cards and gift checks), cash or its equivalent; (30) days (for residents of North Dakota sixty (60) days) of the If We make a payment to'You under this Plan and You
2. animals or living plants; date of the Covered Incident (except for documentation which recover an amount from another, equal to or less than Our
3. rare stamps or coins; has not been furnished for reasons beyond Your control), payment, You shall hold in trust for Us the proceeds of the
4. consumable or perishable items with limited life spans coverage may be denied. It is Your responsibility to provide all recovery and reimburse Us to the extent of Our payment. If
(including, but not limited to, perfume, light bulbs, batteries); required documentation We request. Our payments exceed the maximum amount payable under the
5. antique or previously owned items; You may be required to send in the damaged property at benefits of this Plan, We have the right to recover from You any
6. motorized vehicles and watercraft, aircraft, and Your expense for further evaluation of Your claim. If amount exceeding the maximum amount payable.
motorcycles or their motors, equipment, parts or accessories; requested, You must send in the damaged property within Subrogation
7. stolen or damaged property consisting of articles in a thirty (30) days (for residents of North Dakota sixty (60) days) In the event of any payment under this Policy, We shall be
pair or set. Coverage will be limited to no more than the value from the date of Our request to remain eligible for coverage. subrogated to the extent of such payment to all Your rights of
of any particular part or parts, unless the articles are unusable payment of Claim recovery. You shall execute all papers required and shall do
individually and cannot be replaced individually, regardless of A claim for benefits provided by this Plan will be paid upon everything necessary to secure and preserve such rights,
any special value they may have had as part of a set or Our receipt and review of Your complete Proof of Loss including the execution of such documents necessary to enable
collection; documentation and Our determination that a claim is payable Us to effectively bring suit or otherwise pursue subrogation
S. items purchased for resale, professional, or commercial according to the terms of the Plan. rights in your name. You shall do nothing to prejudice such
use; Any payment made by Us in good faith pursuant to this or subrogation rights.
9. permanent household and /or business fixtures, any other provision of this Plan will fully discharge Us to the We shall be entitled to a recovery as stated in these
including, but not limited to, carpeting, flooring and/or tile; extent of such payment. provisions only after You have been fully compensated for
10. business fixtures, including, but not limited to, air If other insurance is available to You which provides the damages by another party.
conditioners, refrigerators, heaters; and same or similar coverage as that provided by this Plan, this For residents of Louisiana, the Right of Recovery,
11. hospital, medical and dental equipment and devices. plan becomes excess and We will pay only that portion of the Subrogation and Excess Coverage sections are revised to
FDR 974926 7
i
----- i
reflect: If the Company makes any payment under this Policy Proof of Loss may require documentation consisting of, but
and the Cardmember has the right to recover damages from not necessarily limited to, the following: 1. Purchase 4ravel Accident Insurance.
another, the Company shall be subrogated to that right. Protection Claim Form; 2. the original itemized store receipt; Travel Accident Insurance is underwritten by AMEX
However, the Company's right to recover is subordinate to the 3. the insurance declaration forms for Your other sources of Assurance Company, Administrative Office, Green Bay, WI.
Cardmember's right to be fully compensated. insurance or indemnity (e.g., homeowner's or renters Coverage is determined by the terms, conditions, and
insurance); 4. a photograph of and /or repair estimate for the exclusions of Policy AX0948 and is subject to change with
Termination or Cancellation y 1 g
Coverage will cease on the earliest of the following: L the damaged property; and 5. or theft and vandalism claims, a notice to you. This document does not supplement or replace
date You no longer maintain a Permanent Residence in the 50 report regarding the stolen or vandalized property must be the Policy. Please call as at the number at 1 -800- 437 -9209
United States of America, the District of Columbia, Puerto Rico filed with the appropriate authority before You call to file a for a complete copy of your terms and conditions or if you
or the U.S. Virgin Islands; 2. the date We determine that You or claim under Purchase Protection. need to file a claim.
someone on Your behalf intentionally misrepresented or fraud No payment will be made on claims not substantiated in Travel Accident Insurance provides accidental death and
occurred; 3. the date the Policy is cancelled; 4. the date You the manner required by Us. dismemberment insurance while traveling on a Common
are no longer a Cardmember; 5. the date Your Account ceases If all required documentation is not received within ninety Carrier Conveyance (plane, train, helicopter, ship, or bus)
to remain Current and in Good Standing; or 6. the date the ( days of the date of the Covered Incident (except for when the entire fare has been charged to the Card. As a benefit
Plan is not available in the location where You maintain a documentation which has not been furnished for reasons of Cardmembership, the Covered Person will receive a benefit
Permanent Residence. p
beyond Your control), coverage may be denied. It is Your level of coverage a de endin g on the type oAmerican
f Aican Ex ress
Termination or Cancellation of coverage will not prejudice responsibility to provide all required documentation We Card account to which the entire fare for the Common Carrier
any claim originating prior to termination or cancellation request. Conveyance was charged for the covered trip. Covered Persons
subject to all other terms of the Policy. You may be required to send in the damaged property at include the basic Cardmember, each additional Cardmember,
The Company has the right to cancel the Policy at any time Your expense for further evaluation of Your claim. If and each of these Cardmember's spouses or domestic partners
e
requested, You must send in the damaged property within and dependent children under 23 ears of a All Covered
by sending a written notice at least forty five (45) days in nine (90) days from the date of Our request to remain eligible P Y g
advance to You at Your last known address. The notice will ninety t
y q g Persons must have a permanent residence within the 50 United
include the reason for cancellation. for coverage. States of American or the District of Columbia. All other
Important Additional In For You PP- RDRI -OR 05/07 persons are not Covered Persons under the Policy.
For those eligible and enrolled in the Membership Applicable for Residents of the State of South Dakota The capitalized terms used herein shall have the meaning
Rewards" program, benefits are also paid when the purchased The Legal Actions section is hereby removed in its entirety assigned to such terms in the Policy. Please note that certain
property is received through the redemption of a Membership and replaced with the following: terms contained in this summary are defined within the full
Rewards redemption certificate. Payment or credit will not Legal Actions policy document.
exceed the original assigned value of the property received No legal action may be brought to recover against this Plan Description of Benefits
through redemption of a Membership Rewards redemption until sixty (60) days after Proof of Loss has been received by Accidental Death and Accidental Dismemberment. The
certificate up to the stated limits, excluding shipping and Us. No such action may be brought after six (6) years from the Plan provides coverage for accidental death and
handling expenses. Benefits will not be paid when a time Proof of Loss is required to be given. dismemberment due to a loss from an injury while coverage is
Membership Rewards redemption certificate has been PP /EW- RDRI -SD 05/07 in force under the Policy, but only if such loss occurs within
transferred to a non - eligible Cardmember or non- Applicable. for Residents of the State of Vermont 100 days after the date of the accident which caused the injury.
Cardmembers. In the Termination or Cancellation section the following If more than one loss is sustained, benefits will be paid for the
This Description of Coverage replaces any other is removed: greatest loss.
Description of Coverage that You may have previously received The Company has the right to cancel the Policy at any time Benefits are paid according to the following schedule:
for Purchase Protection. by sending a written notice at least forty five (45) days in Loss of Life - 100 /o
This Description of Coverage is an important advance to You at Your last known address. The notice will Loss of both hands or both feet -100%
document. Please read it and keep it in a safe place. include the reason for cancellation. Loss of one hand and one foot - 100%
IN WITNESS WHEREOF, We have caused this Description And replaced with the following: Loss of entire sight of both eyes - 100%
of Coverage to be signed by Our officers: The Company has the right to cancel the Policy by sending • Loss of entire sight of one eye and one hand or one fo ot-
a written notice at least forty five days c advance to You at 100%
laNw.� Your last known address. The notice tice will include the reason • Loss of one hand or one foot - 50%
for cancellation. Loss of the entire sight of one eye - 50 %.
Joy A. Hanson, President John M. Collins, Secretary pP /EW- RDRI -VT 05/07 Common Carrier Benefit. This benefit is payable if the
AMEX Assurance Company AMEX Assurance Company Covered Person sustains accidental death or dismemberment
PP- DOC- CCSG102 /07 Applicable for Residents of the State of Alaska as a result of an accident which occurs while riding solely as a
The opening paragraph in the Exclusion section is alighting being struck b
Applicable for Residents of the State of Kentucky passenger in, or boarding, or gh g from, or g Y
In the Termination or Cancellation section the following removed in its entirety and replaced with the following which a Common Carrier Conveyance on a covered trip.
is removed: is added and made part of the Description of Coverage: Exposure and Disappearance. If the Covered Person is
These exclusions do not apply if the dominate cause of a unavoidably exposed to the elements because of an accident on
The Company has the right to cancel the Policy at any time
loss is a risk or peril that is not otherwise excluded. Benefits a coveted trip which results in the disc , sink n or
by sending a written notice at least forty five (45) days in P pp earance g
are not payable if the loss for which coverage is sought was wrecking of the common carrier conveyance, and if as a result
advance to You at Your last known address. The notice will g Y
include the reason for cancellation. directly or indirectly, wholly or partially, contributed to or of such exposure, the Covered Person suffers a loss for which
And replaced with the following: caused by: benefits are otherwise payable under the Policy, such loss will
The Company has the right to cancel the Policy at any time The Legal Actions section is hereby removed in its entirety be covered under the Policy; if the Covered Persons body has
by sending a written notice at least seventy -five (75) days in and replaced with the following which is added and made part not been found within 52 weeks after the date of such accident,
of the Description of Coverage: it will be resumed, subject to there bein no evidence to the
advance to You at Your last known address. The notice will Le al Actions P 1 g
include the reason for cancellation. g contrary, that the Covered Person suffered loss of life as a result
PP /EW- RDRI -KY 05/07 No legal action may he brought to recover against this Plan of injury covered by the Policy
until sixty (60) days after Proof of Loss has been received by Beneficiary
Applicable For Residents of the State of Oregon Us. No such action maybe brought after three (3) years from The Basic Cardmember may designate a beneficiary or
In the Exclusions section the following are removed: 4. the time Proof of Loss is required to be given. If there are any
violation of a criminal law, offense or infraction; 6. fraud or claims the three year timeframe does not begin to run until change a previously designated beneficiary for himself or
abuse or illegal activity of any kind by the Cardmember; after the claim has been denied. herself and his or her spouse or domestic partner and
The Proof of Loss section is hereby removed in its entirety PP /F,W- RDRI -AK 06/07 dependent children who are not Additional Cardmembers. An
and replaced with the following: Additional Cardmember may designate a beneficiary or
Applicable for Residents of the State of Oklahoma change a previously designated beneficiary for himself or
Proof of Loss The following is added to your Description of Coverage: herself and his or her spouse or domestic partner and
Proof of Loss requires You to send Us all the information WARNING: Any person who knowingly, and with intent to dependent children who are not also the Basic Cardmember,
We request, at Your expense, in order that Your claim may be injure, defraud or deceive any insurer, makes any claim for the the Basic Cardmember's spouse or domestic partner or
evaluated and that We may make a determination as to proceeds of an insurance policy containing any false, children, or Additional Cardmembers. If no beneficiary is
whether the claim may be paid. You must provide Us with incomplete or misleading information is guilty of a felony. designated benefits will be paid to the surviving person or
satisfactory Proof of Loss within ninety (90) days after We have PP /EW- RDRl -OK 07/07 equally to the surviving persons in the first of the following
provided You with instructions and /or a claim form in The following form numbers are applicable to residents in classes: spouse or domestic partner; children, equally per
response to Your Notice of Claim or Your claim maybe denied. the following states: stirpes; and the estate.
Your Proof of Loss documentation may be mailed to Us at the Arizona and Indiana, Form Numbers: PP- IND -CCSGl
same address provided above for mailing Your Notice of Claim. Exclusions
07/07, PP- IND -CCSG2 07/07, PP- IND- OSBN107 /07, PP -IND- The Policy contains the following exclusions:
We reserve the right to request all the information We deem y g
necessary to determine that Your claim is payable, and We will OSBN2 07/07 • suicide or self - destruction or any attempt thereat, while
not consider that We have received complete Proof of Loss Texas, Form Number: PP- IND -TX 07/07 sane or insane; intentionally self - inflicted injury, suicide or any
until the information We have requested is received. attempt thereat, while sane
FDR 974926 8
. war or any act of war whether declared or undeclared; the date we determine that the Covered Person or someone on 3. is the primary renter, which is defined as the
however, any act committed by an agent of any government, the Covered Persons' behalf intentionally misrepresented or Cardmember, who is named on the written agreement with the
party, or faction engaged in war, hostilities, or other warlike fraud occurred in a written instrument signed by the Covered Rental Company as the person renting and taking control and
operations provided such agent is acting secretly and not in Person. possession of the Rental Auto ( "Primary Renter "); and
connection with any operation of armed forces (whether North Carolina, Form Number: TAI - RDRI -NC 03/07 4. uses the Card to pay for the entire auto rental from the
military, naval or air forces) in the country where the injury Oklahoma, Form Number: TAI - RDRI -OK 03/07. In the Rental Company at the time of vehicle return.
occurs shall not be deemed an act of war Exclusions section the following replaces the exclusion Coverage continues in effect while the Cardmember
• injury to which a contributory cause was the commission regarding war: war or act of war, declared or undeclared, while remains in control and possession of the Rental Auto. A
of or attempt to commit an illegal act by or on behalf of the serving in the military service or any auxiliary unit attached Cardmember, who is physically challenged and unable to
Covered Person or his /her beneficiaries thereto. operate the Rental Auto, may be the Primary Renter if he /she is
• injury received while serving as an operator or crew Texas, Form Number: TAI - RDRI -TX 03/07. Covered the Cardmember entering into the rental transaction.
member of any conveyance Persons include dependent children under 25 years of age who 1t'hen Coverage Terminates
. injury received while driving, riding as a passenger in, are stepchildren; adopted or a party to a suit to be adopted Coverage for theft of or damage to the Rental Auto
boarding or alighting from a rental vehicle children; grandchildren who are unmarried and dependent on terminates when:
. injury received during or as a result of commutation the Cardmember for tax purposes at the time the application 1. the Rental Company resumes control of the Rental
sickness, physical or mental infirmity, pregnancy, or any for coverage is made; and physically or mentally handicapped Auto, or 30 consecutive days after the Rental Auto was checked
medical or surgical treatment for such conditions, unless children who are unmarried, cannot self- support themselves, out, whichever is earlier; or
treatment of the condition is required as the direct result of an and are beyond the termination age. 2. the Policy is cancelled.
injury. Vermont, Form Number TAI - RDRI -VT 03/07. In the
Exclusions section the following replaces the exclusion length eCoverage
'1'crmiaation or Cancellation Exclusions Rental Loss and Damage Insurance covers eligible
Coverage under the Policy will cease on the earliest of the regarding suicide: suicide or self- destruction or any attempt Rental Autos when rented under a written rental agreement
thereat, while sane; intentionally self - inflicted injury, suicide
following: from a Rental Company for no more than 30 consecutive days.
. the date the Covered Person no longer maintains a or any attempt thereat, while sane. In the Exclusions section Note: In no event shall coverage be provided when the
permanent residence in the 50 United States of America or the the following replaces the exclusion regarding specific Cardmember rents a Rental Auto beyond 30 consecutive days
District of Columbia conditions: sickness, physical infirmity, pregnancy, or any from the same Rental Company, regardless of whether the
. the date we determine that the Covered Person or medical or surgical treatment for such conditions, unless
treatment of the condition is required as the direct result of an or
nal agreement is extended, or a new written agreement is
someone on the Covered Persons' behalf intentionally entered into, or a new vehicle is rented.
misrepresented or fraud occurred injury. Additionally, no coverage will be provided when the
the date the policy is cancelled , �! + i F , Primary Renter rents a Rental Auto for more than 30
the date the basic Cardmember's account ceases to remain consecutive days out of a 45 -day period within the same
current and in good standing geographic market /location (75 mile radius).
• the date the Plan is not available in the location where the What is Covered
Covered Person maintains a permanent residence. Description of Coverage Car Rental Loss and Damage Insurance reimburses a
The Company has the right to cancel the Policy at any time Car Rental Loss and Damage Insurance provides the Cardmember for payments for damage to or theft of a Rental
by sending a written notice at least forty five (45) days in Cardmember, if the Cardmember is the primary renter, (as Auto that the Cardmember is required to make, up to the lesser
advance to you at your last known address. The notice will defined below) with insurance coverage for damage to or theft of 1) the actual cost to repair the Rental Auto, 2) the wholesale
include the reason for cancellation. of most Rental Autos when the Cardmember uses the Card (as Book value minus salvage and depreciation costs, or 3) the
Form Numbers: TAI -DOC 03/07 described below) to reserve and pay for an auto rental from purchase invoice price of the Rental Auto minus salvage and
Forms in addition to those listed above are also any Commercial Car Rental Company ( "Rental Company ") depreciation costs. The coverage also reimburses the
applicable to residents in the following states: other than those located in Australia, Ireland, Israel, Italy, Cardmember for reasonable charges (those charges incurred at
Connecticut, Form Number: TAI- RDRI -CT 03/07 Jamaica, and New Zealand.' This coverage is always excess the closest facility that are usual and customary in the vicinity
Illinois, Form Number: TAI - RDRI -IL 03/07 insurance. in which the loss or disablement took place) imposed by the
Kansas, Form Number: TAI - RDRI -KS 03/07 Rental Auto means a four - wheeled, two -axle passenger- Rental Company, such as towing or storage and Loss of Use.
Maine, Form Number: TAI - RDRI -ME 03/07 type motor vehicle, designed for and sold to accommodate Loss of Use means the unavailability of a Rental Auto and
Minnesota, Form Number: TAI - RDRI -MN 03/07. In the private passenger transport on public roads. consequent loss of revenue by the Rental Company due to
Exclusions section the following replaces the exclusion Who is Eligible for Coverage damage or theft. Unless otherwise required by law, the Rental
regarding illegal acts: injury in which a contributory cause was You are eligible for coverage if Company must submit a fleet utilization log indicating that
the commission of or attempt to commit a felony by or on 1. You are a Basic or Additional Cardmember and an during such time:
behalf of the Covered Person or his beneficiaries. American Express' Card or Optima' Card in association with 1, no other Rental Auto was available; and
Nevada, Form Number: TAI - RDRI -NV 03/07. In the that Card (the "Card ") has been issued to you in your name; 2, there was a demand for a Rental Auto.
Termination and Cancellation section the forty five (45) day 2. You are of an account status and class that is provided Car Rental Loss and Damage Insurance covers no other
advance written notice is replaced by a sixty (60) day advance Car Rental Loss and Damage Insurance as a benefit of type of loss. For example, in the event of a collision involving
written notice. Cardmembership ( "Cardmember "); the Cardmember's Rental Auto, damage to any other driver's
New York, Form Number TAT - RDRI -NY 03/07. Covered 3. Your Card account is billed from a U.S. operating center car or the injury of anyone or anything is not covered.
Persons does not include language requiring a permanent in U.S. dollars; and Note: This policy does not provide liability or any other
residence within the 50 United States of American or the 4. You maintain your Permanent Residence within the 50 coverage such as Uninsured Motorists, benefits under any
District of Columbia. The fallowing replaces the exclusions United States of America, the District of Columbia, Puerto Rico Worker's Compensation law, Disability benefits law or other
found in the Exclusion section: or the U.S. Virgin Islands. mandated Government Plans.
- suicide, attempted suicide or intentionally self - inflicted permanent Residence means the Covered Person's one
injury primary dwelling lace where the Covered Person ermanentl Wh r R Cover Means
act of war, whether declared or undeclared; P Y g P P Y Car Rental Loss and Damage Insurance is an excess
• war or any resides and intends to return. insurance plan. This means that this excess coverage will
participation in a felony, riot or insurrection; service in the A personal, Gold, or Rewards Plus Gold Cardmember who P
Armed Forces or units auxiliary thereto reimburse the Cardmember only for losses /expenses not
is enrolled at an accredited four -year college, university or covered b plans, such as a partial collision damage waiver, an
• injury in which a contributing cause was the Covered graduate school in the United States and is receiving student Y P P c Y
t to commit a felon or to g g personal auto insurance, employer's auto insurance or
Person's commission of or attempt Y benefits provided as a benefit of Cardmembership is not
which a contributing cause was the Covered Person's be eligible for benefits under this Poli cy. reimbursement plan or other sources of insurance. When these
other plans apply, a Cardmember must first seek payment or
engaged in an illegal occupation Commercial Car Rental Company or Car Rental
• sickness, except for an infection that was the result of an Company means any commercial car rental agency which reimbursement and receive a determination based the
Injury rents Rental Autos' For the purposes of this Description of stated terms of such other Plans, that any such Plans s do not
• mental or emotional disorder Coverage, Commercial Car Rental company means "Rental provide coverage before this excess coverage will reimburse the
pregnancy, except complications of pregnancy and except Com au Cardmember.
Comp
au
the extent coverage is required pursuant to Section 3221 of Y Vehicles Not Covered
the New York Insurance Law How to Activate C.overage Car Rental Loss and Damage Insurance does not cover
- the consequence of the Covered Person's being Coverage for theft of or damage to a Rental Auto is rentals of
' b
d
C
h
h
d when the Cardmember:' intoxicated or under the influence of any narcotic unless activate I. expensive cars, which means cars with an original man -
administered on the advice of a physician. t. presents his or her eligible Card to the Rental Company ufacturer's suggested retail price of $50,000 or more when new;
In the Termination and Cancellation section the following to reserve the Rental Auto by making a reservation; or by plat- >, exotic cars regardless of year or value, including but not
is removed in its entirety: the date the Covered Person no ing a hold or deposit at the time the Rental Auto is checked out; limited to Chevrolet Corvette, Toyota Supra, Mazda RX•7,
Waiver or similar ll
i
lli
full C
f
he u Collision Damage longer maintains a permanent residence in the 50 United 2. declines t Dodge Viper and Stealth, Plymouth Prowler, Mitsubishi 3000
States of America or the District of Columbia. option (CDW), or pays for a partial collision damage waiver, GT, Nissan 300 ZX, Jaguar XJS, Acura NSX, Mercedes SL, SLK,
In the Termination and Cancellation section the following offered by the Rental Company; S Coupe and E320 Coupe and Convertible, BMW M3, Z3 and 8
replaces the language regarding misrepresentation or fraud:
FDR 974926 9
1 4
Series, Cadillac Allante and all Porsche, Ferrari, Lamborghini, 7. value added tax or similar tax, unless reimbursement of shall be held by that Cardmember or Commercial Car Rental
Maserati, Aston Martin, Lotus, Bugatti, Vector, Shelby Cobra, such tax is required by law; Company in trust for the Insurer and reimbursed to the extent
Bentley, Rolls Royce; 8. diminishment of value; of the Insurer's payment.
3. trucks, pick -ups, cargo vans, custom vans; 9, any Rental Auto used for hire or commercial purposes; As a condition precedent to coverage, the Cardmember is
4. full -sized vans, including but not limited to, Ford and required, and has a duty to fully cooperate with the Insurer in
Econoline or Club Wagon, Chevy Van or Sportvan, GMC 10. depreciation, unless reimbursement for depreciation is any investigations, subrogation matters or legal proceedings by
Vandura and Rally, Dodge Ram Vans and Ram Wagon; required by law. providing copies of any and all legal notices and any and all
5, vehicles which have been customized or modified from law to File a Claim statements, including sworn statements and contributing any
the manufacturer's factory specifications except for driver's Notification of damage, including vandalism, theft, or an other papers and documents to reasonably assist in the
assistance equipment for the physically challenged; accident must be reported to the appropriate law enforcement disposition of the legal matter.
6. vehicles used for hire or commercial purposes; agency as soon as reasonably possible. This requirement Notification of Legal Action
7. mini -vans used for commercial hire; applies regardless of whether the Rental Auto is involved with When a Cardmember is served with suit and /or summons
Note: Passenger Mini -Vans (not Cargo Mini -Vas) with other vehicles. Failure to notify may result in denial of henefits. papers relating to a Car Rental Loss and Damage claim, the
factory specified seating capacity aft? passengers or less, If a loss occurs, a Cardmember should promptly notify the Cardmember must notify (see address and phone number
including but not limited to, Dodge Caravan, Plymouth Voyager, Car Rental Loss and Damage Claims Unit toll free at under Claims Notice section) and provide copies of the suit or
Ford Whidstar and Nissan Quest, are covered when rented for (800) 338 -1670 in the U.S. only or call (440) 914 -2950 from summons papers to the Car Rental Loss and Damage claims
personal or business use only. other locations worldwide. If the failure of a Cardmember to unit within 15 days of when the Cardmember is served. Failure
S. antique cars, which means cars that are 20 years old or promptly report a loss prejudices the rights of the Insurer, the to comply may result in denial of benefits.
have not been manufactured for 10 or more years; claim may be denied. Additional Information for You
9. limousines; A representative will answer any questions a Cardmember This coverage is underwritten by AMEX Assurance
10. full -sized sport utility vehicles, including but not may have and will send the Cardmember a claim form with Company ( "Insurer•') through insurance Policy AX0925 (the
limited to, Chevrolet/GMC Suburban, Tahoe and Yukon, Ford instructions. Complete and sign the claim form. Written proof "Policy ") issued to American Express Travel Related Services
Expedition, Lincoln Navigator, Toyota Land Cruiser, Lexus of loss, which includes the claim form and all other requested Company, Inc. and its participating subsidiaries, affiliates and
LX450, Range Rover or full -sized Ford Bronco; documentation (listed below), must be received within 60 days licensees. The Policy may he changed or terminated.
11. sport/uWity vehicles when driven "off- road "; and following he date of the dam or theft b : American Express
Compact ort/utilit vehicles, includi but not g g y This Description of Coverage o g important document
Note: Cora
P P Y 8 Car Rental Loss and Damage Claims Unit, PO Box, 94729, Please keep it in a safe place. Although it describes the present
limited to Ford Explorer, Jeep Grand Cherokee, Nissan Cleveland, Ohio 44101 -4729. If the proof of loss and other form of insurance as it exists at the time of printing, this
Pathfinder, Toyota Four Runner. Chevrolet Blazer and Isuzu documentation is not received within 60 days of the date of document is not the Policy or contract of insurance. The
Trooper and Rodeo are covered when driven on paved roads. loss, coverage may be denied. benefits described in this document are subject to all of the
12. off -road vehicles, motorcycles, mopeds, recreational Required documentation may consist of, but is not limited to: terms, conditions and exclusions of the Policy issued by the
vehicles, golf or motorized carts, campers, trailers and any 1. our signed and completed claim form; underwriter. This document replaces any prior Description of
other vehicle which is not a Rental Auto. 2, an itemized repair bill; Coverage under the Policy which may have been furnished to
Losses Not Covered 3. a copy of charge slip for the rental of the Rental Auto, the Cardmember.
Car Rental Loss and Damage Insurance does not cover Rental Auto contract or machine generated receipt to show CAL-
losses caused by or contributed to by: rental was charged and paid for with an American Express CAL
V v J . -
1, operation of the Rental Auto in violation of the terms Card; V
and conditions of the Rental Company agreement (including 4. a police report (if applicable); Joy A. Hanson, President John M. Collins, Secretary
but not limited to losses occurring when: a person not 5. photos of the damaged vehicle, if available; AMEX Assurance Company AMEX Assurance Company
permitted to operate the vehicle pursuant to terms of the rental 6. a copy of the Cardmembers, authorized driver's or CRLDI- DOC -CCSG 11/05
agreement was in possession or control of the vehicle; or, employer's• auto insurance coverage, or a notarized letter 1. For those eligible and enrolled in Membership Rewards, ifa
driving the vehicle outside of the authorized rental territory); slating no insurance; Membership Rewards redemption certificate is used, coverage is
2. leased or mini - leased vehicles; 7. a copy of all claim documents and correspondence, provided only to Rental Autos rented in the United States.
3. costs attributed to the Commercial Car Rental provided by the Car Rental Company; 2, When used in conjunction with a Membership Rewards
Company's normal course of doing business; S. a copy of the Rental Company's utilization log; redemption certificate, the participating Car Rental Companies
4, intentional damage; 9. a copy of the drivers license of the Cardmember and/or are limited to Hertz, National and Budget.
5, illegal activity, such as losses where the Rental Auto was authorized driver, unless the driver's license number shows on 3. If eligible and enrolled in Membership Rewards. coverage is
used for, or involved in illegal activity or felony; (he rental agreement; also activated when the Cardmember 0) presents a Membership
6. pre - existing conditions, damage or defect; 10. a copy of the written rental agreement, front and back, Rewards redemption certificate and ( 2) uses a Membership
7, alcohol intoxication on the part of the driver, as defined which documents when the Rental Auto was checked out and Rewards redemption certificate at a participating Commercial
in the state where the Accident occurred; checked in; and Car Rental Company. Important note for those enrolled in
S. voluntarily taking any drug or acting under the 11. information pertaining to other available insurance Membership Rewards: A Membership Rewards redemption
influence or effect of that drug (unless taken as prescribed or coverage(s). certificate can only be redeemed by eligible Cardmembers.
administered by a Doctor); Cardmember cooperation with issues related to their Benefits will not be paid when a Membership Rewards
9. war or military activity; benefits is required. If all required documentation is not redemption cert feate has been transferred to non - eligible
10. radioactivity; received within 180 days of the date of loss (except for Cardmembers and /or non- Cardmembers.
11. confiscation by authority; documentation which has not been furnished for reasons 4. Does not apply to New York State residents.
12. wear and tear, including gradual deterioration; beyond the Cardmembers control), coverage maybe denied Additional Information for Residents of Louisiana
13. damage which is due and confined to freezing, How Benefits are Paid The Rights of Recovery section is replaced with the
mechanical or electrical breakdown or failure unless such All Car Rental Loss and Damage Insurance payments following:
damage results from a theft covered by the Policy; reimbursable under the policy are payable to the Cardmember; If the Company makes any payment under this Policy and
14. failure to return keys to the Rental Company when the except that payment may be made, at the discretion of the the Cardmember has the right to recover damages from
vehicle is stolen; Insurer, jointly to the Cardmember and the Commercial Car another, the Company shall be subrogated to that right.
15. theft or damage to unsecured vehicles; Rental Company when the Car Rental Company has not been I lowever, the Companys right to recover is subordinate to the
16, theft of or damage to tires (flats or blowouts), unless reimbursed for the covered loss or damage, or the Cardmember's right to be fully compensated.
damaged by fire, malicious mischief, vandalism, or stolen, Cardmember has not validly assigned his /her payments to the CRLDI- RDRI -LA 11/05
unless the loss is coincident with and from the same cause as Rental Company or any other party. ,additional Information for Residents of South Dakota
other loss covered by the Policy; and Note: Benefits will not be paid if, on the date of loss, on the Under Losses Not Covered, item number 5. is replaced
17. off -road operation of the vehicle. date of daim filing, or on the date ofpotential claim payment, with the following:
Car Rental Loss and Damage Insurance does not cover, and any amount due on Your Card account is past due or Your Card Car Rental Loss and Damage Insurance does not cover
benefits will not he paid for: is cancelled.
1. sales tax related to repair of damages, unless losses caused by or contributed to by:
reimbursement of such sales tax is required by law; Rights of R a S. violation of criminal law, or commission of a criminal
In the event ent of payment under this Policy, the Insurer act, whether er cited or charged;
2. damage to any vehicle other than the Rental Auto; entitled to all the a rights of recovery that the Cardmember, to Under Losses Not Covered, item number 7. is replaced
3. damage to any property other than the Rental Auto,
owner's property, or items not permanently attached to the whom payment was made, has against another. That with the following:
Rental Auto; I Cardmember must sign and deliver to the Insurer any legal tar Rental Loss and Damage Insurance does not cover
4. the injury of anyone or anything; papers relating to that recovery, do whatever else is necessary losses caused by or contributed to by:
5, expenses assumed, waived or paid for by the Rental to help the Insurer exercise (hose rights and do nothing after 7, consumption of alcohol at or in excess of the legal blood
Company or its insurer; loss to harm the Insurer's rights. alcohol level for a felony conviction in the state or locality in
6. expenses covered by the Cardmembees personal auto When a Cardmember or Commercial Car Rental Company which the Accident occurred;
insurer, employer or employer's insurer, or authorized driver's has been paid damages under Polity No. AX0925, and also CRLDI- RDRI -SD 11/05
insurer;
recovers from another, the amount recovered from the other
FDR 974926 10
i
Additional Information for Residents of Vermont THE FOLLOWING EVENT TICKET PROTECTION PLAN Ticket means written evidence permitting admission to an
Under Losses Not Covered, the following item is hereby IS NOT AVAILABLE FOR RESIDENTS OF NEW YORK Event, including a Multi -day Ticket or Season Ticket, which
removed: STATE clearly indicates the name of the Event, the date on which the
7, alcohol intoxication on the part of the driver, as defined Event is to take place and the Event Venue, by means of which
in the state where the Accident occurred; ut " r + ' an Occurrence can be established. Ticket does not include
CRLDI- RDRI -VT 11/05 transportation on a vehicle of any kind to or at an Event or
Additional Information for Residents of Wisconsin Description of Coverage Parking at an Event.
Under Losses Not Covered, the following items are hereby Underwritten by AMEX Assurance Company, Ticketholder means either the Cardmember who has
removed: Administrative Office, 480 Pilgrim Way, Suite 1400, Green Bay, charged the expense of their Ticket to an Account or a person
3, illegal activity, such as losses where the Rental Auto was W154304 (Herein called the Company) who has received a Ticket from the Cardmember either by
arrangement with such person or as a gift.
used for, or involved in illegal activity or felony; Coverage Overview means physical damage to the
7. alcohol intoxication on the part of the driver, as defined The Event Ticket Protection Plan provides insurance to a Transportation Accident me
in the state where the Accident occurred; Cardmember when the expense of a Ticket has been charged to vehicle transporting You to the Event which delays or ends the
S. voluntarily taking any drug or acting under the the Cardmember's Account and the Ticketholder cannot use Ticketholdees travel and causes the Ticketholder to miss the
influence or effect of that drug (unless taken as prescribed or the Ticket due to a Covered Incident for which benefits are Event.
administered by a Doctor); payable under this Plan. We will reimburse You, up to a Venue means the name and location of the facility where
Under Losses Not Covered, the following item is added: maximum coverage limit of $1,000 per Occurrence Gold, for the Event is to take place.
I8. The use of the Rental Auto for unlawful purposes, or for the expense of the unused Ticket charged to Your Account for We, Us, Our means AMEX Assurance Company and its
transportation of liquor in violation of law, or while the driver two Covered Incidents for each Account for each 12 -month duly authorized agents.
is under the influence of an intoxicant or a controlled period beginning when the eligible Ticket has been charged to You, Your, Yourself means the Cardmember.
substance or controlled substance analog, or a combination the Cardmember's Account. I€Ticket reimbursement, due to a Description of Benefits
thereof, or under the influence of any other drug to a degree Covered Incident for which benefits are provided under this Benefits are payable only to the Cardmember, to whose
which renders him or her incapable of safely driving, or under Plan, is provided to the Ticketholder by a Producer, Venue, or Account the expense of the Ticket has been charged, when a
the combined influence of an intoxicant and any other drug to other insurance, the coverage provided by the Event Ticket loss occurs as a result of any of the following:
a degree which renders him or her incapable of safely driving, Protection Plan becomes secondary and will pay only that 1. Medical Emergency;
of any use of the motor vehicle in a reckless manner. portion of the Ticket expense not reimbursed by the Producer, 2, cancellation of the Event by the Producer or Venue
CRLDI- RDRI -WI 11/05 Venue, or other insurance. without providing full reimbursement of the Ticket cost, an
equal value
Additional Information for Residents of West Virginia Definitions 3. catastrophe, regardless of cause, in the immediate
a rain check;
Under How Benefits are Paid, the Footnote, to the note Certain words used in this Description of Coverage are
vicinity of the Event site to which the Ticketholder's access is
that reads: capitalized throughout and have special meanings.
revented by governmental authority;
Note: Benefits will not be paid if, on the date of loss, on the Account means Your American Express Card account. p
date of claim filing, or on the date of potential claim payment, Cardmember means a person who has been issued an 4. Transportation Accident;
any amount due on Your Card account is past due or Your Card American Express Card that is current and for which the 5. Destroyed Ticket;
6. theft
is cancelled, is hereby revised to read as follows: Account is in good standing and who maintains a Permanent Ticket;
Does not apply to West Virginia and New York State Residence in the 50 United States of America or the District of /. Jury duty;
S. subpoena or other unanticipated legal process;
residents. Columbia.
9 death; or
CRLDI - RDRI -WV 11/05 Covered Incident means an incident listed under the .
Description of Benefits section of the Plan. 10. emergency call duty as a member of a National
Additional information for Residents of North Carolina P Guard unit or Active Reserve or for active duty members of the
A portion of the fees associated with this Card are applied Delay means any delay other than a Transportation
United States Armed Forces.
to the insurance benefit. Accident.
CRLDI- RDRl -NC 11/05 Destroyed Ticket means a Ticket that cannot be redeemed Exclusion'
as a direct result of a misfortune experienced by the Benefits are not payable if the loss for which coverage is
The following farm numbers are applicable to residents in Ticketholder which takes place prior to the Event and destroys sought was directly or indirectly, wholly or partially,
the following states: the Ticketholder s Ticket. contributed to or caused by the following:
Arizona and Indiana, Form Numbers: CRLDI - IND -CCSG Event means a public gathering for an audience that will 1, infirmity, disease or sickness of the Ticketholder, other
11/05; CRLDI - IND -OSBN 11105; CRLDI -IND -PLAT 11/05; include the Ticketholder, which is legal, takes place within the than as defined by Medical Emergency;
CRLDI - IND -CEN 11105; CRLDI - IND -OSBN -PLAT 11/05; 50 United States of America or the District of Columbia, and 2. Delay;
CRLDI- IND -Endl 10/08 which requires an admission fee in exchange for a Ticket. 3. fraud or illegal activity of any kind by the Ticketholder;
'texas, Form Numbers: CRLDI - IND - CCSG -TX 11/05; Medical Emergency means an unforeseen bodily injury or 4. confiscation by any governmental authority;-
CRLDI - IND - OSBN -TX 11/05; CRLDI -IND- PLAT -TX 11/05; illness to You or any member of Your household, of such 5, active participation in a civil public disturbance or
CRLDI - IND - CEN -TX 11/05; CRLDI - IND -OSBN- PLAT -TX severity as to require Medically Necessary treatment. protest;
11/05. Medically Necessary means unforeseen urgently required 6. negligent failure of a duty to care by any third party in
The following is added to the policy: This polity only treatment to You or any member of Your household by a whose possession a Ticket has been temporarily placed by the
provides coverage if you decline the full Collision Damage Physician or Dentist. Ticketholder; or
Waiver offered by the Rental Company. This policy is not Multi -day Ticket means a Ticket that may be used more 7. Lost Ticket.
automobile liability insurance and does not comply with any than once for an Event that is the same or related and which Claims
financial responsibility law. Your personal automobile occurs on consecutive days over a p eriod of not more than
Y P If a Ticketholder experiences a loss for which You believe a
insurance policy may or may not provide coverage for your
responsibility for the loss of or damage to a rented vehicle several successive weeks. benefit is payable under this Plan, You must provide both
res
P Y g Occurrence means the expense charged to the same Notice of Claim and Proof of Loss.
during the rental term. Before deciding whether to purchase a Account of a Cardmember for the entire cost of the purchase,
damage waiver, you may wish to determine whether your separately or together, of any number of Tickets for the same Notice of Claim
automobile insurance policy provides you coverage for rental Event, including Ticket handling fees. Notice of claim should be provided to Us within 30 days of
vehicle damage or loss. if you file a claim under your personal Permanent Residence means the one primary dwelling the loss. You may contact us by phone by calling toll-free automobile insurance policy, your insurance company may place where the Cardmember permanently resides and to stateside 1 -800- 620 -4991 or, if from overseas, by calling collect
choose to no renew your policy at your renewal date, but may which they intend to return. 1- 303 - 273 -6498. You may also write to us at Event Ticket
do so only if you are at fault for the claim. Physician or Dentist means a person licensed in the Protection Plan, P.O. Box 402, Golden, CO 80402.
A Termination and Cancellation section is added: Failure to provide notice of claim within 30 days will not
healing arts, other than a member of the Cardmember's family, invalidate a claim or reduce an benefit payment that may be
Coverage will cease on the earliest of the following - the date and acting within the scope of their license for the service or Y P Y Y
found to be eligible, if it can be shown that it was provided as
you no longer maintain a permanent residence in the 50
treatment provided. soon as reasonably possible. At the time You provide Us with
United States of America or the District of Columbia; the date Plan means the Description of Coverage for the Event Y P P
notice of claim, We will assist You with Your proof of loss
we determine that you or someone on your behalf intentionally Ticket Protection Plan.
misrepresented or fraud occurred; the date we cancel the Policy means the Group Insurance Master Policy and any Providing You with instructions and with documents, which
Policy; the date you are no longer a Cardmember; or the date You must complete and return to Us. You are required to
attachments, endorsements, riders and applications associated d by
ueste
documentation as with Us and provide re
the Policy is not available in the location where you maintain a with it. cooperate P q
Permanent Residence. If the Policy is cancelled, we will send producer means the person or group of persons who Us which is required and necessary to process Your claim and
written notice at least forty five (45) days in advance. We may provide the financial backing and who are responsible for determine if benefits are payable. If all required
not cancel or non -renew this Policy based solely on the fact documentation is not received within 30 days of the date ofthe
ou are an elected official.
that conducting the Event.
Y Covered Incident (except for documentation which has not
Season Ticket means the purchase of admission as a
subscriber or season Ticketholder to a series of similar forms been furnished for reasons beyond Your control), coverage
of diversion, education or entertainment to be attended over a may dented. n is Your responsibility to provide all required
period of weeks, months, or years. documentation necessary.
FDR 974926 11
Proof of Loss A copy of the Policy will be maintained and kept by Us and of the Description of Coverage:
Proof of loss requires that You send Us all the information may be examined by You at any time. Legal Actions
We request, at Your expense, in order that Your claim may be Entire Contract; Changes Nolegal action maybe brought to recover against this Plan
evaluated and that We may make a determination as to This Plan, the Policy, any applications, endorsements or within 60 days after initial written proofofloss has been
whether the claim may be paid. riders and any other attachments make up the entire contract. received by Us No such action maybe brought after three years
Except in the instance of theft or Destroyed Ticket, as noted Any statement You make is a representation and not a from the time written proofa ofl ss is required to be given. If
under the Description of Benefits, We will require that You warranty. This Plan may be changed at any time by providing there areanydaims yeartimeframedoesnotbegin to
provide Us with the Ticket which could not be used because of notice to you. Only the President, Vice- President or Secretary run until alter the claim has been denied
a Covered Incident for which insurance is provided under this of AMEX Assurance Company may change or waive the The Exclusions section is hereby removed in its entirety
Plan. In addition to the Ticket, We will ask that You include provisions of the Plan. No agent or other person may change and replaced with the following which is added and made part
with Your proof of loss any documentation We may request in the Plan or waive any of its terms. of the Description of Coverage:
order to establish the existence of a Covered Incident eligible Exclusions
Termination or Cancellation Benefits are not payable if the loss for which coverage is
for coverage under the Description of Benefits. We reserve the P Y g
ill cease 12
e overag will standard time on the earliest sought was direct) or indirect) wholly or partially,
right to deny the claim if the Ticket You submit as part of Your C g Y Y� Y P Y,
of the following: contributed to or caused b the following: 1. infirmity, disease
proof of loss evidences redemption by any mark, stamp, hole, 1. the date You no longer maintain a Permanent Y g ty
tear or other evidence of redemption. g or sickness of the Ticketholder, other than as defined by
If admission to an Event was charged to Your Account, but Residence in the 50 United States of America or the District of Medical Emergency; 2. Delay; 3. fraud or illegal activity of any
in Columbia; kind b the Ticketholder; 4. confiscation b governmental
lieu a Ticket You received only confirmation of admission 2. the date We determine that misrepresentation or fraud Y Y any g
by e-mail or the promise of admission to the Event upon p resen authority; S. active participation in a civil public disturbance
d
occurre; or protest; or 6. negligent failure of a du to care b an third
picking up a Ticket at the Event, and if a Covered Incident P duty Y Y
is cancelled; th
date the e e e Policy part to whose possession a Ticket has been temporarily
occurred for which a claim may he payable under this Plan, P' h' � P � P Y
n
Y
date the e ae ou are o longer a Cardmember and Your laced h the Ticketholder.
You must cooperate with Us in providing proof of loss as to the P Y
Account ceases to remain in good standing; or These exclusions do not a 1 ifthe dominate cause ofaloss
t
Covered Incident, and We will attempt to complete the 5 , the date the Plan is not available in the location where he y
necessary research to determine that the charge to Your is a risk thatis not ot excluded
You maintain a Permanent Residence. There are no other changes to the Description Coverage of
account was for admission to the Event as claimed by You. Termination of coverage will not prejudice any claim B g P
You must provide satisfactory proof of loss as soon as Y:
possible after We have informed You as to what You must originating prior to termination subject to all other terms of
provide Us and in no case more than 30 days after being so this Plan.
informed, except if it can be shown that it was provided as Fraud
soon as reasonably possible. If any request for benefits made under the Plan is Joy A. Hanson, President John M. Collins, Secretary
Proof of loss documentation may be mailed to Us at the determined to be fraudulent or if any fraudulent means or ETP- RDRI -AK 11/06
same address as listed above for mailing a notice of claim. devices are used by You, any Ticketholder, or by anyone acting Important information regarding benefit changes for
on Your behalf to obtain benefits, all benefits will be forfeited. Louisiana residents
Payment of Claims AMEX Assurance Company, Administrative Office, 480
If Ticket reimbursement, due to a Covered Incident for Legal Actions Pilgrim Way, Suite 1400, Green Bay, WI 54304
which benefits are provided under this Plan, is provided to the No legal action may be brought to recover against this Plan For residents of Louisiana, the Event Ticket Protection Plan
Ticketholder by a Producer, Venue, or other insurance, the within 60 days after initial written proof of loss has been Description of Coverage to which this rider is attached is
coverage provided by the Event Ticket Protection Plan received by Us. No such action may be brought after three amended to include the bold italicized language as follows:
becomes secondary and will pay only that portion of the Ticket years from the time written proof of loss is required to be The Right of Recovery section is hereby removed and
expense not reimbursed by the Producer, Venue, or other given, replaced with the following which is added and made part of
insurance. If a time limit of this Plan is less than allowed by the laws of the Description of Coverage:
If Your proof of loss demonstrates that Your claim is the state where You live, the limit is extended to meet the Right of Recovery
payable according to this Plan, We will reimburse You the minimum time allowed by such law. If We make any payments under this Plan and the
amount charged to Your Account for the Event Ticket You Important Additional Information For You Ticketholder has the right to recover damages from another,
purchased, less any reimbursement You may receive, up to the Benefits provided under the Event Ticket Protection Plan We shall be subrogated to that right. However, Our right to
maximum coverage limit as stated in the Coverage Overview extend to Tickets You purchase and charge to Your Account recover is subordinate to the Ticketholder's right to be fully
section. that You intend to use or have purchased on behalf of others or compensated.
Any payment that We make in good faith will fully as gifts. Reimbursement for any Covered Incident applies only There are no other changes to the Description of Coverage.
discharge Us to the extent of that payment. to You. Only You have a claim to insurance benefits under the B
When a Covered Incident has caused the Ticketholder to Event Ticket Protection Plan. \
experience a loss for the total charge to the Account and that AMEX Assurance Company may cancel this Plan at any �^
charge is more than the actual face value of the Ticket, eligible time by sending a written notice at least thirty (30) days in
benefits will be available on a pro rata reimbursement basis advance to You at Your last known address. Joy A. Hanson, President John M. Collins, Secretary
determined by the number of separate Tickets purchased for The Event Ticket Protection Plan is underwritten by AMEX ETP- RDRl -LA 10106
that Event. Assurance Company, Administrative Office, 480 Pilgrim Way, Important information regarding henefrt changes for
When a Covered Incident has caused the Ticketholder to Suite 1400, Green Bay, WI 54304. Coverage is determined by Missouri residents:
experience a loss in conjunction with a Multi -day Ticket or the terms, conditions and exclusions of Group Master Policy The Description of Coverage ETP -DOC 12/05 has changed
Season Ticket, eligible benefits will be available on a pro rata AX0974 and is subject to change with notice. This document to ETP- DOC -CEN 05/06.
basis determined by days for Multi -day Tickets and by series does not replace the Policy. AMEX Assurance Company, Administrative Office, 480
length for Season Tickets. This document replaces all existing prior Plan documents Pilgrim Way, Suite 1400, Green Bay, WI 54304
Benefits are only eligible for the Ticketholder who You may have received for the Event Ticket Protection Plan. For residents of Missouri, the Event Ticket Protection Plan
experienced a loss for which this Plan provides benefits. You This Description of Coverage is an important document. Description of Coverage to which this rider is attached is
will be reimbursed only for those Tickets and on a pro rata Please read it and keep it in a safe place. amended to include the bold italicized language as follows:
basis. In Witness Whereof, We have caused this Description of Notice of Claim
Right of Recovery Coverage to be signed by Our officers: Notice of claim should be provided to Us within 30 days of
in the event of a payment under this Plan, We are entitled, nn 11 the loss however, no claim will be denied based upon the
and become subrogated, to the extent of such payment, to all of 111AW ldlA insured's failure to provide notice within such specified time,
the Ticketholder's rights and remedies against any responsible unless this failure operates to prejudice the rights of the
party. Upon Our request, the Ticketholder must provide us Joy A. Hanson, President John M. Collins, Secretary insurer. You may contact us by phone by calling toll -free
reasonable assistance, including signing documents if AMEX Assurance Company AMEX Assurance Company stateside 1- 800 - 620 -4991 or, if from overseas, by calling collect
necessary, to bring suit in the Ticketholder's name and do ETP -DOC 12/05 GOLD 1 -303- 273 -6498. You may also write to us at Event Ticket
nothing after loss to harm Our rights. When You have been Protection Plan, PO Box 402, Golden, CO 80402.
paid under this Plan by Us and the Ticketholder recovers from important information regarding benefit changes for General Provisions
another, the amount recovered shall be held in trust for Us and Alaska residents: Legal Actions
reimbursed to Us to the extent of Our payment. If Our AMEX Assurance Company, Administrative Office, 480 No legal action may be brought to recover against this Plan
payments for losses exceed the maximum amount payable to Pilgrim Way, Suite 1400, Green Bay, WI 54304 within 60 days after initial written proof of loss has been
You under any benefit of this Plan, We have the right to recover For residents of Alaska, the Event Ticket Protection Plan received by Us. No such action may be brought after ten years
any amount exceeding the maximum amount payable. Description of Coverage to which this rider is attached is from the time written proof of loss is required to be given.
General Provisions amended to include the bold iialicizedlanguage as follows: If a time limit of this Plan is less than allowed by the laws of
Description of Coverage The Legal Actions section is hereby removed in its entirety the state where You live, the limit is extended to meet the
Any conflict between the terms of the Description of and replaced with the following which is added and made part minimum time allowed by such law.
Questions
Coverage and the Policy will be decided in favor of the Policy.
FDR 974926 12
For questions on this Policy, please contact Client Service replaced with the following:
at 1 -800- 620 -4991. Important Additional Information For You
There are no other changes to the Description of Coverage. AMEX Assurance Company may cancel this Plan at any
B time by sending a written notice at least forty -five (45) days
0 in advance to You at Your last known address. The notice will
include the reason for cancellation.
The Event Ticket Protection Plan is underwritten by
Joy A. Hanson, President John M. Collins, Secretary AMEX Assurance Company, Administrative Office. De Pere,
ETP - RDRI -MO 09/06 till. The Plan may be changed or cancelled at any time with
Important information regarding benefit changes for notice. The notice will include the reason for cancellation.
Vermont residents: There are no other changes to the Description of Coverage.
AMEX Assurance Company, Administrative Office, 480 By:
Pilgrim Way, Suite 1400, Green Bay, WI 54304 % am \a
For residents of Vermont, the Event Ticket Protection Plan 4 1 4l, i
Description of Coverage to which this rider is attached is
amended to include the bold italicized language as follows: Joy A. Hanson, President )oho M. Collins, Secretary
Important Additional Information For You ETP- RDRI•WA 09/06
AMEX Assurance Company may cancel this Plan at any The following form numbers are applicable to residents in
time by sending a written notice of cancellation accompanied the following states:
by the reason for cancellation at least forty-five (45) days in Arizona and Indiana, Form Number: ETP -IND 04/08
advance to You at Your last known address. District of Columbia, In the Definitions section the
Termination or Cancellation following is added to the definition of Medically Necessary:
2. the date We determine that misrepresentation, non- The fact that a Physician may prescribe, authorize, or direct a
disclosure or fraud in enrollment or claims presentation has service does not of itself make it Medically Necessary or
occurred; Under this circumstance, We will provide 45 days covered by the Plan. ETP- RDRI -DC 05/08
advance written notice of cancellation; Minnesota, In the Payment of Claims section the
6. The endof the period for which required premiums are following is added: A claim for benefits provided by this Plan
due but not paid. Under this circumstance, We will provide will be paid within 5 days of Our receipt and review of Your
15 days advance written notice of cancellation accompanied complete Proof of Loss documentation, and determination that
by the reason for cancellation to You at Your last known a claim is payable according to the terms, conditions, and
address. exclusions of the Plan. In the Right of Recovery section the
There are no other changes to the Description of Coverage. following is added: Our rights do not apply against any person
B insured under this or any other policy we Issue with respect to
the same occurrence. DRI •MN 05/08
Texas, Form Number: er: E TP -IND 04/08 TX
Joy A. Hanson, President John M. Collins, Secretary
ETP- RDRI -VT 09/06
Important information regarding benefit changes for
Washington residents:
AMEX Assurance Company, Administrative Office, 480
Pilgrim Way, Suite 1400, Green Bay, WI 54304
For residents of Washington, the Event Ticket Protection
Plan Description of Coverage to which this rider is attached is
amended to include the bold italicized language as follows:
The first paragraph of the "Exclusions" section is deleted
and replaced with the following:
Exclusions
We will not pay for loss caused by any of the excluded
events described below. Loss will be considered to have been
caused by an excluded event if the occurrence of that event
directly and solely results in loss, or initiates a sequence of
events that results in loss, regardless of the nature of any
intermediate or final event in that sequence.
The Description of Coverage provision of the "General
Provisions" section is deleted and replaced with the following:
General Provisions
Description of Coverage
Any conflict with the terms of the Description of Coverage
will be decided by lookingat the intent of the Description of
Coverage provided to You. A copy of the Group Insurance
Master Policy will be maintained and kept by the Master
Policyholderand may be examined at any time.
The second point in the Termination or Cancellation
provision of the "General Provisions' section is deleted and
replaced with the following:
General Provisions
Termination or Cancellation
2. the date We determine that You or someone on Your
behalf intentionally misrepresented or fraud occurred,
The last paragraph of the Termination or Cancellation
provision of the "General Provisions" section is deleted and
replaced with the following:
General Provisions
Termination or Cancellation
The Company has the right to cancel the Policy at any
time by sending a written notice at least 45 days in advance to
You at Your last known address. The notice will include the
reason for cancellation.
The second and third paragraphs of the "Important
Additional Information For You" section are deleted and
FDR 974926 13
Al
AMERICAN
F76+n
FDR 974926 14 O 2009 American Express
A American Express" Traditional Gold Card p. 1r3
THOMAS N KOUNAS
Closing Date 06/19/13 Account Ending 6 -73002
Earn points on all of your
New Balance $7,375.79 purchases, everywhere you use
Minimum Payment Due $1,617.44 the Card.
Visit www.americanexpress.com /rewards
Includes the past due amount of $1,552.44
Payment Due Date 07/14/13 Account Summary
Late Payment Warning: If you do not pay your Minimum Payment Due, you Payln Full Portion
may have to pay a late fee of up to $35.00 and your Pay Over Time APR may be Previous Balance $915.44
increased to the Penalty APR of 27.24 %. Payments /Credits -$0.00
New Charges +$0.00
Fees +$0.00
New Balance = $915.44
Pay Over Time Portion
Minimum Payment Warning: If you make only the minimum payment each period, Previous Balance $6,460.35
you will pay more in interest and it will take you longer to pay off your balance. For Payments /Credits -$0.00
example: New Charges +$0.00
Fees +$0.00
If you make no additional You will pay off the Pay Over And for the Pay Over Time Interest Charged +$0.00
charges and each month you Time balance shown on this balance you will pay an New Balance = $6,460.35
pay,,, statement in about... estimated total of... Minimum Due $702.00
Onlythe 17 years $12,756 Account Total
Minimum Payment Due
Previous Balance $7,375.79
If you would like information about credit counseling services, call 1 888 - 733 - 4139. Payments /Credits - $0.00
New Charges +$0.00
Fees +$0.00
D See page 2 for important information about your account. Interest Charged +$0.00
I Your account past d ue. New Balance $7,375.79
t i
0 p Minimum Payment Due $1,617.44
O This statement is for information purposes only. This is not a bill. Please k Days in Billing Period: 30
contact your collections agency for account information. Disregard the Customer Care
Minimum Payment Due, your account is in default and the balance is due
in full. PaybyComputer
americanexpress.com/pbc
O Please note, your preset line is $7,400.00. You have spent $7,375.79.
Customer Care PaybyPhone
1- 800 - 327 -2177 1- 800 - 472 -9297
Q Seepage 2 for additional information.
+ Pleasefold on the perforation below, detach and return with your payment +
® Payment Coupon Pay by Computer Pay by Phone Account Ending 6 -73002
Do not stapleor use paper clips Im amerlcanexpress.com /pbc 1- 800 -472 -9297 Enter account number on all documents.
Make check payable to American Express.
II J ill IIIIIIrI III I IIIII III III 'll'111'1'llfflll "IIIIIIII'll'I
THOMAS N KOUNAS Payment Due Date
84 SILVER CROWN DR 07/14/13
MECHANICSBURG PA 17050 -1635 New Balance
$7,375.79
Minimum Payment Due
$1,617.44
JIItIIIIrI1 IIIIIIII
AMERICAN EXPRESS $
❑ Check here ifyour address or Amount Enclosed
phone number has changed. P.O. BOX 1270
Note changes on reverse side. NEWARK NJ 07101 -1270
0000349991054013149 000737579000161744 16 d
EXHIBIT
THOMAS N KOUNAS Account Ending 6 -73002 p• 2/3
Payments: Your payment must be sent to the payment address shown on your statement and must be received by S p.m. local time at that address to
be credited as of the day it is received. Paymentswe receive after S p.m. will not be credited to your Account until the next day. Payments must also:0 )
include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a
negotiable instrument payable in US dollars and clearablethrough the US banking system; and (3) includeyour Account number. If your paymentdoes
not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic
payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept
payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unlessa particular rate is required by law.
Please do not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us
without our express prior written approval. We will re- present to your financial institution any payment that is returned unpaid. If you have a Pay Over
Time balance, you may pay more than the Minimum Payment Due, up to your New Balance, at anytime.
Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from
your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number
and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we
process your check electronical ly, your payment may be withdrawn from your deposit or other asset accou nt as soon as the same day we receive your
check, and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issue a
draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic
payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you
request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day.
How We CalculateYour Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we
charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance
computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily
compoundingof interest.
Paying Interest: If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. We will begin charging
interest on transactions added to a Pay Over Time balance as of the date they are added. However, we will not charge interest on charges added to a
Pay Over Time balance automatically (forexample, Sign &Travel and Extended Payment Option) if you pay the Account Total New Balance by the due
date each month.
Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it.
We will charge fee of 2.7% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless
particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on
the date of your charge. Charges converted by establishments will be billed at the rates such establishments use.
Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. if within the six -month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a
check for the credit balance within 30 days if the amount is $1.00 or more.
Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your
Account may be reflected in your credit report.
Q Customer Care& Billing Inquiries 1- 800 -528 -4800 Hearing Impaired Website: americanexpress.com
InternationalCollect 1- 336 - 393 -1111 TTY: 1-800-221-9950 Mobile Site: amexmobile.com
Large Print& Braille Statements 1- 800 -528 -4800 FAX: 1-800-695-9090
Lost or Stolen Card 1 -800- 992 -3404 In NY: 1-800-522-1897 Customer Care
Express Cash 1- 800 -CASH -NOW & Billing Inquiries Payments
P.O. BOX 981535 P.O. BOX 1270
EL PASO, TX NEWARK NJ
79998 -1535 07101 -1270
Changeof Address
If correct on front do not use. Pay Your Bill with AutoPay
• To change your address online, visit www. americanexpress .com /updatecontactinfo Avoid late fees
• For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Save time
• Please print clearly in blue or black ink only in the boxes provided.
j - -._.^
Deduct your payment from your bank
-- .........
account automatically each month
Street Address
- - i -1 --�
... ' .... 1._._.....�.._...__.....__. _ ........ { visit merica s.com /a
-- ....._......_...._ T - - - -- T -- - r T- .- ...r. -._... ;- 1 e es ut P Y
si a n xpr o a
City, State
I t F i I today to enroll.
Zip Code _ —h
Area Code and
HomePhone t.......... - _�.__.._ ............ i..__ _t— _ ...... ......... ..... - -' ...............
A Work Phone 1 -
rea Code and j For information on how we protect your
—_.. �— .._.. ` -- `- ._._.. __...... - .._ __......_ __ ............ .
privacy and to set your communication
Email and privacy choices, please visit
_........_..._..... ---- ......................----..._.._............._._..—_. ............................... _._._.............. ._..._....— ..__.............._. www.americanexpress.com /privacy.
AMERICAN American Express® Traditional Gold Card p. 3/3
flWRE55
o THOMAS N KOUNAS
Closing Date 06/19/13 Account Ending 6 -73002
[ Fees _771
Amount
Total Fees for this Period $0.00
[interest Charged
Amount
Total Interest Charged for this Period $0.00
2013 Fees and Interest Totals Year -to -Date
Amount
Total Fees in 2013 $ 60.00
Total Interest in 2013 $318.80
[interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Balance Subject Interest
Percentage Rate to Interest Rate Charge
Sign & Travel and /or Extended Payment Option 15.24% (A $0.00 $0.00
Total $0.00
(v) Variable Rate
r
Verification
RICHARD KIER ASSISTANT CUSTODIAN
is OF RECORDS
(Name of authorized representative) (Title or Position)
for American Express Centurion Bank, the within plaintiff, and verify that the statements of fact
made in the foregoing complaint are true and correct to the best of my knowledge, information and
belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
Date:
R ature of authorized rep esentative)
RICHARD KIER
ASSISTANT CUSTODIAN OF RECORDS
172443
Thomas Kounas
Account number ending in 73002
1201
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheri _
Sheriff
OF PROTHONOTARY
Jody S Smith
41tM1tf,S bt�al7t�tic/`41� ..Chief Deputy 2-013 AUG 2$ AN 10. 3 7
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Richard W Stewart ^ CUMBERLAND COUNTY
Solicitor OFF' = `Tf `"`"`r` PENNSYLVANIA
American Express Centurion Bank
Case Number
vs.
Thomas Kounas 2013-4986
SHERIFF'S RETURN OF SERVICE
08/23/2013 07:54 PM - Deputy Ryan Burgett, 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: Thomas Kounas at 84 Silver Crown Drive, Silver Spring Township, Mechanicsburg, PA 17050.
RYAN BURGETT, DEPUTY
SHERIFF COST: $39.30 SO ANSWERS,
August 26, 2013 RbNW R ANDERSON, SHERIFF
(c)Cour tySuite Sherifr,'Teleosoft.Inc.
T HE FROTHONO 1'
2313 SEE 11 AM 1G: 43
CUMBERLAND COUNTY
�Efi�MS`(LVANIA
James L. Walsh,Esquire
Pa. Supreme Court ID#16676
2215 Forest Hills Drive, Suite 37
Harrisburg,PA 17112-1099
(717)540-7746-phone
(717)541-1527-fax
Attorney for Defendant
AMERICAN EXPRESS : IN THE COURT OF COMMON PLEAS OF
CENTURION BANK : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 13-4986 Civil
THOMAS KOUNAS a/k/a
THOMAS N. KOUNAS
Defendant : CIVIL ACTION- LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned on behalf of the Defendant Thomas
Kounas a/k/a Thomas N. Kounas in the above-captioned matter.
By: a
J e L. Walsh, Esquire
a. preme Court ID#16676
5 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
Dated: September 52013 Attorney for Defendant
F r^I
OF THE PRO f
HONOTARY
?013 SEA' 17 AM lo' 4 3
CUMBERLAND COUNTY
PENNSYLVANIA
James L.Walsh,Esquire
Pa. Supreme Court ID#16676
2215 Forest Hills Drive, Suite 37
Harrisburg,PA 17112-1099
(717)540-7746-phone
(717) 541-1527-fax
Attorney for Defendant
AMERICAN EXPRESS : IN THE COURT OF COMMON PLEAS OF
CENTURION BANK : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 13-4986 Civil
THOMAS KOUNAS a/k/a
THOMAS N. KOUNAS
Defendant : CIVIL ACTION- LAW
DEFENDANT'S ANSWER
TO PLAINTIFF'S COMPLAINT
AND NOW, Defendant Thomas Kounas a/k/a Thomas N. Kounas, by and through his
attorney, James L. Walsh, Esquire, files this Answer to Plaintiff's Complaint, and in support
thereof, aver the following:
1. Admitted.
2. Admitted.
3. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 3 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 7 of Plaintiffs Complaint and
strict proof thereof is demanded prior to trial.
8. Denied. The averments contained in Paragraph 8 of Plaintiffs Complaint are
conclusions of law to which no responsive pleading in required.
9. Admitted.
10. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 10 of Plaintiff s Complaint and
strict proof thereof is demanded prior to trial.
Count 1 —Breach of Contract
11. Admitted in part. It is admitted only for the purposes of incorporation and not for
the truth or veracity of the incorporated averments.
12. Admitted. It is admitted that Defendant has not paid the balance claimed by
Plaintiff, however Plaintiffs Exhibit "B" indicates that "minimum payments" were due, and
payment in full was not required.
13. Denied. The averment contained in Paragraph 13 of Plaintiff's Complaint is a
conclusion of law to which no responsive pleading in required.
14. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 14 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
15. Admitted. It is admitted that Defendant did not make any payment toward the
final statement because Defendant does not know the exact sum he owes. Proof of all charges is
demanded prior to trial.
16. Admitted in part and denied in part. It is admitted that an outside law firm is
representing the Plaintiff in the instant action. Defendant is without sufficient knowledge or
information as to the reason for the outside representation and strict proof thereof is demanded
prior to trial.
17. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 17 of Plaintiffs Complaint and
strict proof thereof is demanded prior to trial.
WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's
Complaint.
Count 2—Account Stated
(In the alternative to Counts 1 and 3)
18. Admitted in part. It is admitted only for the purposes of incorporation and not for
the truth or veracity of the incorporated averments.
19. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 19 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
20. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 20 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
21. Admitted in part and denied in part. It is admitted that Defendant had for many
months made payments on account of billing statements. It is denied that Defendant retained the
statements without payment. Strict proof thereof is demanded prior to trial.
22. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 22 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's
Complaint.
23. Admitted in part. It is admitted only for the purposes of incorporation and not for
the truth or veracity of the incorporated averments.
24. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 24 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
25. Admitted in part and denied in part. It is admitted that Defendant made payments
on the account in question. The remaining averments in Paragraph 25 of Plaintiff's Complaint
are denied and strict proof thereof is demanded prior to trial.
26. Denied. Defendant is without sufficient knowledge or information to form an
opinion as to the truth or veracity of the averment in Paragraph 26 of Plaintiff's Complaint and
strict proof thereof is demanded prior to trial.
27. Denied. The averment contained in Paragraph 27 of Plaintiff's Complaint is a
conclusion of law to which no responsive pleading in required.
28. Denied. The averment contained in Paragraph 28 of Plaintiff's Complaint is a
conclusion of law to which no responsive pleading in required.
WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's
Complaint and render judgment in favor of the Defendant.
Respectfully submitted,
By: Q�t'�
121pil es L. Walsh, Esquire
Supre me Court ID #16676
5 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
(717) 540-7746 -phone
(717) 541-1527 - fax
Attorney for Defendant
Dated: September ' 2013
James L. Walsh,Esquire
Pa. Supreme Court ID#16676
2215 Forest Hills Drive, Suite 37
Harrisburg,PA 17112-1099
(717)540-7746-phone
(717)541-1527-fax
Attorney for Defendant
AMERICAN EXPRESS : IN THE COURT OF COMMON PLEAS OF
CENTURION BANK : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 13-4986 Civil
THOMAS KOUNAS a/k/a
THOMAS N. KOUNAS
Defendant : CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
41n
I, James L. Walsh, Esquire, do hereby certify that on this, the day of September
2013, I served a true and correct copy of the foregoing Answer via First Class, United States
mail, postage prepaid as follows:
Derek C. Blasker, Esquire
Burton Neil &Associates, PC
1060 Andrew Drive, Suite 170
West Chester, PA 19380
By:
Ja s L Walsh, Esquire
P . Su eme Court ID #16676
2 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
Dated: September , 2013 Attorney for Defendant
VERIFICATION
I, Thomas Kounas, also known as Thomas N. Kounas, state that I have read the foregoing
Defendant's Answer to Plaintiff's Complaint, and I hereby certify that the statements made in the
foregoing document are true and correct to the best of my knowledge, information and belief. I
further understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904,relating to unsworn falsification to authorities.
Thomas Kounas a/k/a homas N. Kounas
Dated: September 7 , 2013
0
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID, NO. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
(' V
(-‘:,! 2
172443 / 314
AMERICAN EXPRESS : IN THE COURT OF COMMON PLEAS
CENTURION BANK
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 13-4986 CIVIL
THOMAS KOUNAS
AKA THOMAS N. KOUNAS
Defendant
: CIVIL ACTION - LAW
Praecipe to Discontinue
To the Prothonotary:
Kindly discontinue the above -captioned action wil s t srejudice.
Burto & Associates, P.C.
By:
Dere Blasker, Esquire
Attorne for Plaintiff
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
This communication is from a debt collector.