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HomeMy WebLinkAbout13-5997 , Supreme Court.of Pennsylvania Coiu ; Colnr i o Pleas — r For Prothonotary Use Only: `N-i ' of't ` eet 2 �J 4� ' 4 C ��lZ' ,S '` D COUIIh' Docket No: isti. \V: • '''' t 3 -C9(4-1 _„„.„.„ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules ofcorrrt. S Commencement of Action: E Ei Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T AMERICAN EXPRESS BANK,FSB WILLIAM LUTES A/K/A WILLIAM E LUTES I Dollar Amount Requested: ®within arbitration limits Are money damages requested? ® Yes ❑ No ` 0 (check one) ❑outside arbitration limits t N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes El No 4 A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates,P.C. L ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that iyou consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS i ❑Intentional ❑Buyer Plaintiff Administrative Agencies h ❑Malicious Prosecution ®Debt Collection:Credit Card ❑Board of Assessment f ❑Motor Vehicle 0 Debt Collection:Other 0 Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other I S ❑Product Liability(does not include mass tort) ❑Employment Dispute: 1 Discrimination ❑ Slander/Libel/Defamation E ❑Other: ❑Employment Dispute:Other C ❑Zoning Board .I• ❑ Other: I ❑Other: 0 MASS TORT NEl Asbestos ❑Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-Implant ❑Ejectment J 0 Common Law/Statutory Arbitration ❑Toxic Waste ❑Eminent Domain/Condemnation ❑Declaratory Judgment B ❑Other: ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑Quo Warranto PROFESSIONAL ❑Partition ❑ Replevin ❑ Quiet Title ❑ Other: LIABLITY ❑Other: ❑Dental ❑Legal ❑Medical ❑Other Professional: Updated 1/1/2011 T Our File No.: 346981,] 2 1,] r OCT 15 PH 11: 56 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Wi r E R I_ A N JI COUNTY Attorney I.D. #38423 PENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNT SALT LAKE CITY, UTAH 84148 Plaintiff, ) VS. ) WILLIAM LUTES A/K/A WILLIAM E LUTES ) 11 PLAINVIEW RD ) CAMP HILL, PA 17011 ) Defendant. ) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717- 249 -3166 S Our File No.: 346981 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS 4315 S. 2700 WEST } CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ) NO.. Plaintiff, ) VS. ) WILLIAM LUTES A/K/A WILLIAM E ) LUTES ) 11 PLAINVIEW RD ) CAMP HILL, PA 17011 } Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Bank, FSB ( "Plaintiff'), a federal savings bank, organized under the laws of the United States of America with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is /are WILLIAM LUTES A/K/A WILLIAM E LUTES ( "Defendant "), an adult individual residing at 11 PLAINVIEW RD CAMP HILL, PA 17011. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 2001. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $12,822.49. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,822.49 and requests this Court award costs to e e ent permitted by applicable law. APOT & AS OCIATES, P.C. A rney fo Plaintiff A Law Firm ngage in Debt Collection BY: David J. Ap h er, Esquire Our File No.: 346981 346981/CR VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. nt Name Date: / /I I�I � ��3 � DAN19LLENICHOLS " 1 ASSISTANT CUSTODIAN OF RECORDS Defendant's Name: WILLIAM LUTES A/K/A WILLIAM E LUTES Account Number: ending in 2001 DUPLICATE COPY AMERICAN E#RESS Cardmember Agreement: Part 1 of 2 As of: 06/12/2011 JetBlue Business Card Company Name: WILLIAM E LUTES Issuer: American Express Bank, FSB Cardmember Name: William E Lutes Credit Limit: $11,900 (Cash Advance Limit: $200) Account Ending In: 92001 Rates and Fees Table Interest Rates Annual Percentage Rate 1 5.24% (Prime Rate + 11.99 %) (APR) for Purchases This APR will vary based on the Prime Rate. APR for Cash Advances 21.24% (Prime Rate + 17.99 %) This APR will vary based on the Prime Rate. Penalty APR and When it 27.24% (Prime Rate + 23.99 %) Applies - This APR will vary based on the Prime Rate. This APR will apply to all balances on your account if you: 1) make a payment that is returned; 2) make 2 late payments in 12 months; or credit li mit_3 times in 12 months_ _ ._ _ _ _ _ .. _ I. How Long Will the Penalty APR Apply? If the Penalty APR is applied for any of these reasons, it will apply, subject to applicable law, for at least 12 billing periods in a row. In addition, the Penalty APR will continue to apply until after you have made timely payments, with no returned payments and without going over your credit limit, for 12 billing periods in a row. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances on the transaction date. Annual Membership Fee $40 Transaction Fees • Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment $30 • Returned Payment $30 • Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the ...................................... ............................................... .............. :.._ ------ How- we•caleulate interest-section. in Part.. 2..... ...... ..... ... ..... ...... ...... .... ...... ... ..... ....... ............................ ,. .... .. ........ .................. d 8 4 W r m 9 0 N CMAEUAA00000116 Page 1 of 11 DUPLICATE COPY Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) APRs and DPRs to the Prime. Rate (see Determining the Prime Rafe in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten - thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 11.99% 15.24% 0.0417% Cash Advance Prime + 17.99% 21.24% 0.0582% Penalty Prime +23.99% 27.24% 0.0746% When the penalty The Penalty APR will apply to all balances on your account if APR will apply -,you do not pay at least the Minimum Payment Due by its Payment Due Date 2 times in 12 billing periods, • you exceed your Credit Limit 3 times in 12 billing periods, or • your payment is returned by your bank. ;APR long the penalty The penalty APR apply until after you have made timely payments, with no returned payments will apply and without going over your credit limit, for 12 billing periods in a row. dd fees to a purchase balance; unless we tail you otherwise:--.-­. - - - - - Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment $30 if we do not receive the Minimum Payment Due by its Payment Due Date. Paying late may also result in a Penalty APR. See When the penalty APR will apply above. Returned Payment $30 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a Penalty APR. See When the penalty APR will apply above. Returned Check $30 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Statement Copy $5 for each statement you request, except.for the 3 most recent billing periods. Account Re- opening $25 if your Account is cancelled, you ask us to re -open it, and we do so. Overlimit None. However, exceeding your Credit Limit may result in a Penalty APR. See When the penalty APR will apply above. Balance Transfer The fee will be stated in a. promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting charges made in a foreign currency. ............... Part - 1, Part and any supplements amendments make up your Cardmember Agreement . .... ..... - CMAEUAAOOOOO116 Page 2 of 11 DUPLICATE COPY AMERICAN El�RESS Supplement to the Cardmember Agreement How Your Reward Program Works TrueBlue program How you.receive You receive 1 TrueBlue point (point) for each Eligible purchases are purchases for goods TrueBlue points $1 of eligible purchases on your JetBlue® and services minus returns and other credits. Business Card from American Express (Card Eligible purchases do NOT include: Account). Eligible purchases means • fees or interest charges, purchases for goods and services minus • balance transfers, returns and other credits. • cash advances, • purchases of traveler's checks, • purchases or reloading of reloadable prepaid cards, or • purchases of any cash equivalents. How you receive bonus You receive 1 bonus point for each $1 of You will NOT receive bonus TrueBlue points TrueBlue points eligible purchases on your Card Account: for. • for air travel on JetBlue flights, • a purchase of air travel on a JetBlue flight as • at wireless telephone service providers, part of a JetBlue vacation package. - - - - _ _ _ _ _ _ _ .. _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .... -at-office supply and .office- equipment- - - - .. - - - purchases -made at warehouse-clubs-and- retailers, and superstores. • at stand -alone gas stations. • a purchase if a merchant does not submit the purchase using the correct industry or merchant code that we designate. A merchant with more than one location may submit purchases using different codes. This means that purchases at some locations qualify for bonus points, .while purchases at other locations of the same merchant would not. When you will receive You can use the points you receive after we transfer them to your JetBlue Program account. the TrueBlue points you've We transfer points at the end of the billing period following the one in which you received received them. When you will forfeit You will forfeit points for eligible purchases If we cancel your Card Account, you will lose TrueBlue points during a billing period if the Minimum any TrueBlue points not already transferred to Amount Due shown on the statement for that your TrueBlue Program account. billing period is not paid by the closing date of the next billing period. You may reinstate those points within the next 24 billing periods ......................... ............. _..................... If your Card Account is not past due and you Ray $29 fee. _ .................................................................. ............................... Other things you should You may forfeit some or all of the TrueBlue We are also not responsible for the actions of know about this program points you have received for items that are JetBlue on your TrueBlue Program account. not purchased for use or consumption by the points are subject to JetBlue's TrueBlue Company in its ordinary course of business. Program Terms and Conditions. Please visit We may change the terms of this program at www.letblue.com for the terms and conditions our discretion. If you violate or abuse this and for details on: program, you may forfeit some or all of your • how to redeem your points, LL points. • JetBlue's right to change its program terms, and We are not responsible for points after they .other conditions and restrictions that may are credited to your TrueBlue Program y 0 account. apply to its program. N CMAEUAPS0000130 Page 3 of 11 DUPLICATE COPY This page intentionally left blank. ................................. ............................... ............................ ......................... ............................... .. ......................................................... ............................... _ .... CMAEUAPS0000130 Page 4 of 11 DUPLICATE COPY AMERICAN D�RE55 Cardmember Agreement: Part 2 of 2 CD 27745 How your American Express Account Works Introduction About your This document together with Part 1 make up the When you or an Additional Cardmember, as defined Cardmember Cardmember Agreement (Agreement) for the Account below, use the Account (or sign or keep a card), you and Agreement identified on page 1 of Part 1. Any supplements or the Additional Cardmember agree to the terms of the amendments ar also pa of the Agreement. Agreement. Words we use in We, us, and our mean the issuer shown on page 1 of Card means any card or other device that we issue to the Agreement Part 1. Except as provided below, Basic Cardmember access the Account. A charge Is any amount added to means the person who applied for this Account or to the Account, such as purchases, cash advances, whom we address billing statements. Company means balance transfers, fees and interest charges. A the business for which the Account is established. You purchase is a charge for goods or services. A cash and your mean the Basic Cardmember and the advance is a charge to get cash or cash equivalents. A Company. You agree, jointly and severally, to be bound balance transfer is a charge to pay an amount you owe by the terms of this Agreement. on another credit card account. To pay by a certain date means to send your payment so that we receive it and credit It to your Account by that date (see About your payments In Part 2). Additional At your request, we may issue cards to Additional You must tell Additional Cardmembers that: Catdineiribeis 'C6rdmember9. They do not NiVe accounts with us but V we may bbta66, provide and use infomiatiori about they can use your Account subject to the terms of this them. Agreement • their use of the Account Is subject to this Agreement. You are responsible for all use of the Account by You authorize us to give Additional Cardmembers Additional Cardmembers and anyone they allow to use information about the Account and to discuss it with the Account. You must pay for all charges they make. them. You must share this agreement with all Additional Cardmembers. If You want to cancel an Additional Cardmember's right to use your Account (and cancel their card) you must tell us. Replacement Basic You must tell us if the Basic Cardmember is no longer an obligations and liabilities of the Basic Cardmember under Cardmember employee or officer of the Company or does not want to this Agreement, as of the date that such person replaces be the Basic Cardmember. In that case, you must either the Basic Cardmember. That person is subject to our close the Account, or propose another person to replace approval. the Basic Cardmember. You agree that the Basic Cardmember remains the Basic If you propose another person to replace the Basic Cardmember until we approve a replacement or the Cardmember, that person must agree to assume the Account is closed, About using your card Using the card Cards may be used for purchases. At our discretion, we intervals. We may (but are not required to) tell these may permit you to make cash advances or balance merchants about the Account status or changes to the transfers. You cannot transfer balances from any other applicable card number or expiration date. You must ...... . .. . . ......... .. .. . ..... ... .... ..._ ... .... notify the merchants directly if you want them to stop ..,, Cardmember acknowledges and agrees that cards are charging the Account Intended to be used for the Company's commercial or Keep the cards safe. Do not let anyone use them. If a business purposes. card is lost or stolen or the Account is being used without You, or any Additional Cardmembers, may arrange for permission, contact us right away. The Account may not certain merchants to charge the Account at regular be used for illegal activities. Promise to pay You promise to pay all charges, Including: • charges that Additional Cardmembers make or permit • charges you make, even if you do not present your others to make. card or sign for the transaction, Additional Cardmembers agree to be o * charges that other people make, whether or not you or g personalty liable for charges made using their card. We may seek payment an Additional Cardmember Intend to let them use the Account sub ect to a hcable law, and from them for charges made on their card if neither the �o ' 1 PP Company nor the Basic Cardmember pay us. n m 0 0 N CMAEUACMOOOO109 Page 5 of 11 DUPLICATE COPY AMERICAN D�RE55 Adjusting If you regularly pay more than the Minimum Payment Due described above, we may adjust it In future billing your Minimum periods. This may let you make a smaller minimum payment from time to time. But if you then do not regularly pay Payment Due more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1% of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will also make the adjustment 9 over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as de- interest scribed below. However, you cann avoid p Int o cas a d v ances a bal tr ansfers. If you pay the New Balance on every statement by the purchases from the beginning of that billing period until Payment Due Date, we will not charge interest on the date of your payment. purchases. If you do not pay the New Balance on a statement by the If you do not pay the New Balance on a statement by the Payment Due Date and then you pay the New Balance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Payment Due Date afld.then_yQL1 pay the New Balegcg ... 40 each o: the_ne.yt two Statements by.theit.P_ayment... - _ _ _ _ _ on the next statement by the Payment Due Date, we will Due Dates, we will not charge interest on purchases on not charge interest on purchases from the date of your the following statement. payment to the Closing Date of the billing period in.which Also, we will not charge interest on purchases on a you made that payment But we, will charge interest on statement if the Previous Balance on that statement is zero or a credit balance. How we calculate We calculate interest for a billing period. by first calculating the interest on each balance. Different categories of interest transactions —such as purchases and cash advances --may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method (Including Daily Balance new transactions) to calculate interest charges for each For each day a DPR Is in effect, we calculate the daily balance. The total interest charged for a billing period is balance by: the sum of the interest charged on each balance. • taking the beginning balance for the day, Interest • adding any new charges, The interest charged for a balance in a billing period, • subtracting any payments or credits: and except for variations caused by rounding, equals: • making any appropriate adjustments. - Average Daily Balance (ADS) x We add a new charge to a daily balance as of its • Daily Periodic Rate (DPR) x transaction date. • number of days the DPR was in effect. Beginning balance ADB For the first day of a billing period, the beginning balance To get the ADB for a balance, we add up its daily is the ending balance for the prior billing period, including ........... balances. Then we divide the result by the number of unpaid interest. For the rest of the billing period, the .... ............ .................. - ' "a "ys'tfi "e•'DPR'foi ttiaf I%lan . b'e'ginning balan .... balance is negative, we treat it as zero. plus an amount of Interest equal to the previous day's DPR daily balance mulliplied by the DPR for that balance. Ti►is A DPR Is 11365th of an APR, rounded to one ten- method of calculating the beginning balance results in thousandth of a percentage point. Your DPRs are shown daily compounding of interest. in How Rates and Fees Work on page 2 of Part 1. When an Interest rate changes, the new DPR may come ..:� ..;,:,,<r :• N =:.._ . -. �<_a ;, _ ,_,,:;;,r;t„ r: ; .; ; Yl n into effect during —not just at the beginning of --the billing v:MP1sGslcula>Fn iitest> =:z ri;< =M ' ?F - " -;; _ � � ':` 3 period When this happens, we will create a new balance r " ; . "t ": and apply the new DPR to it. To et Assdleiof:Xt?U►a►!e asile:li2tek6 rnt of <,, <_: - 9 the beginning Kv 5` J%': ,' ":AABis$225Q;nd`tliei-'a;[e�i ciyfir j P day's daily balance balance on the first day for this new balance, we multiply `.` ~ ":,' = %M " '• " ":;i. `'" r "�~ ,. " -.t the p revious ' b the old DPR and add m (I11.Rl.C `- 'ti- R;;?k:; Y the result to that day's daily balance. Other methods o K; In( eesttis $225QszAd0938'zi3iliys-'S29:5 0 »„.• t,,_.,.-.-_::::: � ...._..,„.:,�K.�,;._. +�:�>.:..: �;�_.:.w .�:.::::,:,:.::,:..:s:�'w.�:n 7o calculate the ADB and interest charges, we may use N other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM0000109 Page 7 of 19 DUPLICATE COPY Dd Wriniititig the - "We 'use the Prirne_Rate from the Morley Rates section Rate from any other newspaper of general citcufation in Prime Rate (or successor section) of The Wall Street Joumat. The New York, New York, Or we may choose. to use a similar Prime Rate for each billing period is the Prime Rate published rate. published in The Wall Street Joumal2 days before the if the Prime Rate increases, variable APRs (and Closing Date of the billing period. corresponding DPRs) will increase. In that case, you may The Wall Street Journal may-not publish the Prime Rate pay more interest and may have a higher Minimum on that day. If it does not, we will use the Prime Rate Payment Due. When the Prime Rate changes, the from the previous day it was published. If The Wall Street resulting changes to variable APRs take effect as of itte Journal is no longer published, we may use the Prime first day of the billing period. 'Other important information .Closing your You may instruct us to close the Account by calling us or The Basic Cardmember and the Company remain jointly Account. writing to us. The Basic Cardmember agrees to inform and severally liable for all Charges made on the Account. the Company prior to inst us to do so. Changing the We may change the terms of, or add new terms to, this This written Agreement is a final expression of the Agreement Agreement. We may apply any changed or new terms to agreement governing the Account. The written any existing and future balances on the Account, subject Agreement may not be contradicted by any alleged oral t o app l agreement. Converting charges If you make a charge in a foreign currency, we will government agency or the highest interbank rate we made in a foreign convert It into U.S. dollars on the date we or our identify from customary banking sources on the currency agents process it Unless a particular rate is required conversion date or the prior business day. This rate may. by.Jaw, we will. choose a_conversiomrate 1hat.is_ ...... _ _ _ ...differ.from.rates that.are. in.effect_on. the.date.ofyouur -------- acceptable to us for that date. The rate we use is no charge. We will bill charges converted by establishments More than the highest official rate published by a (such as airlines) at the rates they use. Changing your You must notify us immediately if you change the: If you have more than one account, you need to notify u-s . . billing address • mailing address to which we send billing statements. separately for each account. • emall address to which we send notice that the We may update your billing address if we receive. billing statement is available online. information that it has changed or is incorrect. • telephone and fax numbers. • legal entity of the Company. • tax identification number. Cancelling or We may: We may do any of these things at our discretlon, even if suspending your • cancel the Account you pay on time and the Account is not in default. Account • suspend the ability to make charges. If the Account is cancelled, you must destroy all cards. • cancel or suspend any feature on the Account. • notify merchants that the Account has been We may agree to reinstate the Account after a cancelled or suspended. cancellation. If we do this, we may: of these y ou must still • reinstate any cards, including additional cards. If we do any , y pay us for all charges • charge you any applicable fees, including annual fees. under the terms of this Agreement. • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if if we consider the Account in default, we may: • you violate a provision of this Agreement, . • suspend the ability to make charges. • you give us false information, • cancel or suspend any feature on the Account. • you file for bankruptcy, • cancel the Account and require you to pay the Account . .................................. ............................... .. ..... .. .............. ..... .........................................-............................................................................................. ............................... .. • you default under another agreement you have with us balance immediately. or an affiliate, • require you to pay more than your Minimum Payment • you become incapacitated or die, or Due immediately. • we believe you are unable or unwilling to pay your debts when due. Credit reports You agree that we may obtain credit reports about you credit reporting agency if you fail to comply with any term . (and, subject to applicable law, any Additional of this Agreement. This may have a negative impact on Cardmembers), investigate your and any Additional your or any Additional Cardmember's credit report. Cardmembers' ability to pay, and obtain information If you believe information we have given to a credit about you and any Additional Cardmembers from other reporting agency is incorrect, write to us at: American sources. And you agree that we may use such Express Credit Bureau Unit, P.O. Box 981537, El Paso, information for any purposes, subject to applicable law. TX 79WB -1537. When you write to us, tell us the specific You agree that we may give information about the information you believe is incorrect. Account to credit reporting agencies. We may tell a CMAEUACM0000109 Page 8 of 11 DUPLICATE COPY AMERICAN � EXPRE55 O - ----- collection costs You agree to pay all reasonable costs, including attomeys' fees, that we incur to collect amounts you owe or to protect ourselves from loss, harm or risk relating to default. Sending you We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address notices shown on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. ! Additionally, we may mail notices and information to Additional Cardmembers at their request. We may contact From time to time, we may contact you and any to ensure the quality of customer service or when it is you Additional Cardmembers about topics ranging from required by law. servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us. owe. We may monitor and record phone calls between To do this, call us at 1 -800- 297 -8378 or log on to you (or any Additional Cardmembers) and us. We do this www About insurance We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer. products non- insurance products, services or features that may Compensation may influence what products and have a fee. One of our affiliates may act on behalf of a providers we or our affiliates tell you about. provider of these products. The affiliate may be We may share information about you with our affiliates compensated for this. The insurance products are not so they can identify products that may interest you. We offered or sold by us or on our behalf. Our affiliates may may be compensated for this information. get additional compensation wh A mex Assurance Now we handle When you pay us by check, you authorize us to If we do this, your payment may be deducted from your electronic debits electronically deduct the amount from your bank or other bank or other asset account on the same day we receive your,checkina asset account. your check. Also, you will not receive that cancelled account We may process the check electronically by transmitting check with your tiank or asset account trilling staCemerif. to your financial institution: If we cannot collect the funds electronically, we may • the amount, issue a draft against your bank or other asset account for • the routing number, the amount of the check. • the account number, and • the check serial number. Expresspay Cards issued on the Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate Exp ressPay at any time. Privacy Act of 4974 Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers make notice charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by ag m ay be published in th Federal Register. Change the We have the right to add, modify or delete any benefit, service, or feature of the Account at our discretion. benefits Assigning the We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying you. Agreement You may not sell, assign or transfer the Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You and any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And you and ................................. .... ...any.Addition Cardm m ust-cooperate-with us.if decide to do- so. ................. .... ............ ..._........................... We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our our rights rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and the Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this Agreement with you in Utah. a Arbitration This Arbitration provision sets forth the or relating to your Account, this Agreement, corporate parent, or wholly or majority owned circumstances and procedures under which the Electronic Funds Transfer Services subsidiaries, affiliates, any licensees, claims may be arbitrated instead of litigated In Agreement, and any other related or prior predecessors, successors, assigns, any court. agreement that you may have had with us, or purchaser of any accounts, all agents, Definitions the relationships resulting from any of the employees, directors and representatives of co As used in this Arbitration provision, the term above agreements, except for the validity, any of the foregoing, and other persons r claim means any claim, dispute or enforceability or scope of this Arbitration referred to below in the definition of claims. controversy between you and us arising from provision. For purposes of this Arbitration Claim includes claims of every kind and provision, you and us also includes any continued on next page... CMAEUACM0000109 Page 9 of 11 DUPLICATE COPY :.continuei9 honi previous page - " " ° ' - - " ' 9 "11:S:C: ° §§ 1 -16, as it may be"arrtendeil" 'With the FAA and applicable statutes of nature, including but not limited to, initial below. (FAA), provided that any such limitations, shall honor claims of privilege claims, counterclaims, cross -claims and third- organization and arbitrator(s) will enforce the recognized at law, and, at the timely request party claims. and claims based upon contract, terms of the Restrictions on Arbitration of either party, shall provide a brief written tort, fraud and other intentional torts, statutes, subsection set forth explanation of the basis for the decision. regulations, common law and equity. Claire Significance of Arbitration The arbitration proceeding shall not be also includes claims. by or against any third IF ARBITRATION iS CHOSEN BY ANY governed by any federal or state rules of civil party using or providing any product, service PARTY WITH RESPECT TO A CLAIM, procedure or rules of evidence. Any party may or benefit in connection with any account NEITHER YOU NOR WE WILL HAVE THE request that the arbitrator expand the scope (including, but not limited to, credit bureaus, RIGHT TO LITIGATE THAT CLAIM IN of discovery by doing so in writing and third parties who accept the card, third parties COURT•OR HAVE A JURY TRIAL ON THAT copying any other parties, who shall have 15 who use, provide or participate in fee -based CLAIM: FURTHER, YOU AND WE WILL NOT days to make objections. The arbitrator will or free benefit programs, enrollment services HAVE THE RIGHT TO PARTICIPATE IN A notify the parties of his/her decision within 20 and rewards programs, credit insurance REPRESENTATIVE CAPACITY OR AS A days of any objecting party's submission. The companies, debt collectors and all of their MEMBER OF ANY CLASS OF CLAIMANTS arbitrator shall take reasonable steps to. . agents, employees, directors and PERTAINING TO ANY CLAIM SUBJECT TO preserve privacy. The arbitrators award shall representatives) if and only if, such third party ARBITRATION. EXCEPT AS SET FORTH be final and binding, except for any right of is a party in connection with the claim. The BELOW, THE ARBITRATOR'S DECISION appeal provided by the FAA; however, either term claim is to be given the broadest WILL BE FINAL AND BINDING: NOTE THAT party shall have 30 days to appeal that possible meaning that will be enforced and OTHER RIGHTS THAT YOU OR WE decision by notifying the arbitration Includes, by way of example and without WOULD HAVE IF YOU WENT TO COURT organization and any other parties In writing. limitation, any claim, dispute or controversy. ALSO MAY NOT BE AVAILABLE IN The organization will then appoint a three - that arises from or relates to (a) any of the ARBITRATION. arbitrator panel which shall consider anew accounts created under any of the any aspect of the decision objected to by the a reements,.or any balances ofi ri Such " IF EITHER Arbitration. _ _ .. _ _ _ .... _ a g y IF EITHER PARTY ELECTS TO RESOLVE A Ppealirtg party: The partel'shalf is "sue ifs " accounts, (b) advertisements, promotions or decision, by majority vote, within 120 days of oral or written statements related to an such CLAIM BY ARBITRATION, THAT CLAIM the a y SHALL BE ARBITRATED ON AN ppealing party's written notice. Judgment accounts, goods or services financed under . INDIVIDUAL BASIS. THERE SHALL BE NO upon any award rendered by the arbitrator or any of the accounts or the terms of financing, RIGHT OR AUTHORITY FOR ANY CLAIMS panel may be entered in any court having (c) the benefits and services related to TO BE ARBITRATED ON A CLASS ACTION jurisdiction. Cardmembership (including fee -based or free BASIS OR ON BASES INVOLVING CLAIMS Location of Arbitration benefit programs, enrollment services and BROUGHT IN A PURPORTED Arbitration hearings you attend shall take rewards programs), and (d) your application REPRESENTATIVE CAPACITY ON BEHALF place in the federal judicial district of your for any account: We shall not elect use OF THE GENERAL PUBLIC, OTHER residence. arbitration under this Arbitration provision for CARDMEMBERS OR OTHER PERSONS any claim that you properly file and pursue in Payment of Fees SIMILARLY SITUATED. The arbitrator's a small claims court of your state or You will be responsible for paying your share, municipality so long as the claim is individual authority to resolve clams is limited to claims between if any, of the arbitration fees (including filing, and pending only in that court. you and us alone, and the administrative, hearing and /or other fees), but arbitrator's authority to make awards is limited only up to the amount of the filing fees you Initiation of Arbitration to awards to you and us alone. Furthermore, would have incurred if you had brought a Any claim shall be resolved, upon the election claims brought by you against us, or by us claim in the state or federal court closest to by you or us, by arbitration pursuant to this against you, may not be joined or your billing address that would have had Arbitration provision and the code of consolidated in arbitration with claims brought jurisdiction. We will be responsible for any procedures of the arbitration organization to by or against someone other than you, unless additional arbitration fees. At your written which the claim is referred in effect at the time agreed to in writing by all parties. No request, we will consider in good faith making the claim is flied (code), except to the extent arbitration award or decision will have any a temporary advance of all or part of your the bode conflicts with this Agreement.. Claims preclusive as to issues or claims in any share of any arbitration fees. You will not be shall be referred to either JAMS or the dispute with anyone who is not a named party, assessed. any ..arbitration.fees.in.excess. of .................. _'Arierican Arbitration Association (AAA); as ' " ' to the arbitration: •Notvvifttariding'arry o t her your share if you do not prevail in any selected by the party electing to use provision of this Agreement (including but not arbitration with us. arbitration. If our selection of either of these limited to the..Continuation subsection below) organizations is unacceptable to you,'.you .. and without waiving either party's right to Continuation may select the other organization within 30 appeal such decision; should any portion of This Arbitration provision shall survive termi- days after you receive notice of our selection. this Restrictions on Arbitration subsection be nation of your Account, voluntary payment of For a copy of the code, to file a claim or for deemed invalid or unenforceable, then the the Account balance In full by you; any legal other information, contact either. JAMS (1920 entire Arbitration provision (other than this proceeding by you or us to collect a debt Main St #300,. Irvine, CA 92614 or sentence) shall not apply. owed by the other, any bankruptcy by you or jamsadr.com) or. AAA (335 Madison Ave, New us; and any sale by us of your Account (in the Arbitration Procedures York, NY 10017 or adr.org). case of a sate, Its terms shall apply to the This Arbitration provision is made pursuant to buyer of your Account). If any portion of this In addition to the organizations listed above, transactions involving interstate commerce Arbitration provision, except as otherwise pro- claims may be referred to any other arbitration and shall be governed by the FAA. The vided in the Restrictions on Arbitration sub - organization that is mutually agreed upon in. arbitration shall be governed by the applicable section, is deemed invalid or unenforceable, it writing by you and us, or to an arbitration code, except that this Agreement shall apply If shall not invalidate the remaining portions of organization or arbitrator(s) appointed there are any conflicts. The arbitrator shall this provision. pursuant to § 5 of the Federal Arbitration Act, apply applicable substantive law consistent CMAEUACM0000109 Page 10 of 11 f DUPLICATE COPY AN{EA1G1rJ _ F�RE55 0 Billing Dispute Procedure What To Do If You Find a Mistake on Your errors and you may have to pay the amount in After we finish our investigation, one of two Statement question. things will happen: If you think there is an error on your What Will Happen After We Receive Your ' It we made a mistake. You will not have to statement, write to us at: Letter pay the amount in question or any interest American Express When we receive your letter, we will do two or other fees related to that amount. PO Box 981535 things: ff we do not believe there was 'a mistake: El Paso TX 79998 -1535 1. Within 30 days of receiving your letter, we You will have to pay the amount in In your letter, give us the following will tell you that we received your letter. We question, along with applicable interest and Information: will also tell you if we have already fees. We will send you a statement of the • Account information: Your name and corrected the error. amount you owe and the date payment is account number. 2. Within 90 days of receiving your letter, we due. We may then report you as delinquent • Dollar amount. The dollar amount of the will either correct the error or explain to you if you do not pay the amount we think you suspected error. why we believe the bill is correct owe. • Description of problem: If you think there is While we investigate whether or not there has If you receive our explanation but still believe an error on your bill, describe what you been an error. your bill is wrong, you must write to us within believe is wrong and why you believe it is a . We will not try to collect the amount in 10 days telling us that you still refuse to pay. it mistake. question, nor report you as delinquent on you do so, we will not report you as You must contact us: that amount. . delinquent without also reporting that you are • Within 60 days after the error appeared on • The charge in question may remain on your questioning your bill. We will tell you the name your statement. statement and we may continue to charge of anyone to whom we reported you as - • Atieast - 3 brisiness before am • . - - - - - - - --------- delinquent, and-we-will-let those.organizations.. ays you mterest�on ttwtromount automated payment is scheduled, if you • While you do not have to pay the amount in know when the matter has been settled want to stop payment on the amount you question, you are responsible for the between us. think is wrong. remainder of your balance. If we do not follow all of the rules above, you You must notify us of any potential errors in • We can apply any unpaid amount against do not have to pay the first $50 of the amount writing. You may call us, but if you do we are your credit limit. you question even if your bill is correct not required to i any pote ................................ ............................. .............. ................................... ...... ....................... ....................................................... ............................................ .. .......... ........................ ................................................................................. _........ e 8 LL ' n m V/ 9 Q S N CMAEUACM0000109 Page 11 of 11 AMERIfAN JetBlue Business .Card from American Express a _R �.. I jetEtttle P. 1/11 Exaeess WILLIAM E LUTES WILLIAM E LUTES Closing Date 10 116/12 Account Ending wool New Balance Earn TrueBluee points on $12,822.49 virtually all purchases. Minimum Payment Due $1,766.00 vi sitopen .com /thejetbluecardtolearn Includes the past due amount of $1,609.00 more? Payment Due Date 11/10/12 Account Summ Late Payment Warning: If we do not receiveat least the Minimum Payment PreviousBalance $12,822.49 Due by the Payment Due Date listed above, you may be assessed a late fee and Payments /Credits 40.00 your APR may be increased to a Penalty APR. New Charges +$0.00 Fees +$0.00 InterestCharged +$0.00 New Balance $12,822.49 See page 2 for important information about your account. Minimum Payment due $1,766.00 Your account is past due and overlimit. Pa at least $1,766.00 Credit Limit $11 ; 90.00 Pay Available Credit $ 0.00 plus any additional charges incurred on your account since the date Cash Advance Limit $0.00 of this billing statement. If you would like to receive e-mail alerts Available Cash $0.00 about payments, spending or fraud protection, you can sign up at arnericanexpress.com /alerts Days in Billing Period: 32 See Page 5 for Important Changes to Your Account Terms Customer Car PaybyComputer Q See Page.7 for Important Changes to the Arbitration provision ® open.com /pbc Customer Care PaybyPhone Q This statement is for information purposes only. This is not a bill. Please 1-800-824 -9093 1 -800- 472 -9297 contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due See page2foradditionallnformation. in full. Please fold on the perforation below, detach and return with your payment + Payment Coupon PaybyComputer ®PaybyPhone AccountEnding■tooi Do not staple or use paperclips open.com /pbc 1. 800 -472 -9297 Enter account number on all documents. Make check payableto American Express. !! � 11. 1 �I�Il�hrhr !l +IIlIIIlllill'!!�'I WILLIAM E LUTES Payment Due Date WILLIAM E LUTES 11/10112 11 PLAINVIEW RD New Balance CAMP HILL PA 17011 -7929 $12,822.49 Minimum Payment Due $1,766.00 ' �' I ' I' illnlll i i , liiilllili'[ "'u(illhll! AMERICAN EXPRESS $ • l� Check here if y ou r as than a or P.O. BOX 1270 Amount Enclosed ph one 1i�-II Note canges on re verse side. hanged. NEWARK NJ 07101 -1270 No changes on re WILLIAM E LUTES Account Ending wool p 21 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) indudethe remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. if your payment does not meet all of the above requirements, crediting 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 clearablethrough the US banking system. Ifwe accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a 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: Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronical ly withdraw your payment from your depositor other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unlessthe check is not processable electronically or a less costly process is available. When we process your check electronically, your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issuea 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 electronicallywithdraw 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. Now We CalculateYour Balance: We use the Average Daily Balance(ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined, The method we use to calculate the ADB and interest results indoi lycompoundingofInterest Paying Interest: Your due date is at least 25 days after the Closing Date of each billing period, We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US doliarson the date we or our agents process it. We will charge a fee of 2.7% of the converted USdollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no morethan the highest. official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you: If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $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. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates, fees and grace periods by calling 1 -800 -518 -8866. © Customer Care& Billing inquiries 1- 800- 824 -9093 Hearinglmpaired Website: americanexpress.com International Collect 1-623 -492 -7719 TTY: 1-800-221-9950 Mobile Site: amexmobile.com Large Print& Braille Statements 1- 800- 824 -9093 FAX: 1-800-695-9090 Express Cash 1 -800 -CASH -NOW In NY- 1-800-522-1897 Customer Care & Billing inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK N1 79998 -1535 07101 -1270 Changeof Address ff correct on front, do not use. Pay Your Bill With AutOPay • To change your address online, visit wwwamerica tiexpress.com/updatecontactinfa • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Avoid late fees • Please print clearly In blue or black ink only in the boxes provided. Save time Deduct your payment from your bank 5 #reetAddress account automatically each month ............... ..' .a. - Visit americanexpress.comlautopay City, state i today to enroll. .__.. Zip Code J ....._. ?.. .._ .. Area Code and Home Phone Area Code and Work Phone For information on how we protect your privacy and to set your communication email and privacy choices, please visit www.americanexpress.com /privacy. JetBlue Business Card from American Express T R U E jLt , 3 , UL ,, ,WILLIAM E LUTES SLUE p. 3/11 WILLIAM E LUTES Closing Date 10/16112 Account Ending Obi Fees Amount Total Fees for this Period $0.00 Interest Charged Amount Total Interest Charged for this Period $0.00 2012 Fees and Interest Totals Year-to-Date Amount Total Fees in 2012 00.0 30 - --- - I I ... . . . ................ -------- ... . .. .. .............. ........ ............. . .. . .. ......... - Total Interest in 2012 $1,416.75 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual BalanceSubject Interest PercentageRate to Interest Rate Charge 'Purchases 27.24% M ZOO $0.00 Cash Advances 27.24% (v) $0.00 $0.00 Total $0.00 (v) Variable Rate WILLIAM ELUTES Account Ending abdi p• 4111 ERA JetBlue Business Card from American Express B L = u E I jetBtue p.. 5111 tacrz�ESS WILLIAM E LUTES WILLIAM E LUTES Closing Date 10 /16/12 Account Ending 001 -- E The following is a summary of changes to important terms of your account.. The detailed changes to your Cardmember Agreement appear on the reverse side of this page. Statement Copy Fee We are removing the fee for copies of billing statements you request. This fee was $5.00 for each statement requested_, except for the. three most recent statements. Additional Cards We are clarifying that the terms Employee Cards and Additional Cards are used (also referred to as interchangeably. All provisions in the Cardmember Agreement that apply to Employee Cards) Additional Cards also apply to Employee Cards. We are also clarifying responsibility under the Cardmember Agreement for charges made .by Additional Cardmembers on the Account. See the reverse side for the detail of changes to your Cardmember Agreement. SOP02 BP /OPNCHLD /1012 WILLIAM E LUTES Account. Ending 9001 P. 6/11 Important Changes to Your Account Terms The terms -of the account referenced in or with this notice are subject to change in accordance with the Cardmember Agreement governing the account (the "Agreement'). This notice formally amends the Agreement as described below. These changes apply to existing and future balances on your account. Any terms in the Agreement conflicting with these changes is replaced fully and completely. Terms not changed by this notice remain in full force and effect. We encourage you to read this notice, share it with:additional Cardmembers on your account, and file it for future reference. If you have any questions about these changes, please call the number on the back of your Card. Statement Copy Fee In the How Rates and Fees Work table, in Part 1 of your Cardmember Agreement, the Statement Copy row is deleted. Additional Cards Effective immediately, the Additional Cardmembers row in Part 2 of your Cardmember Agreement is renamed Additional Cardmembers (also referred to as Employee Cardmembers) and the following is added to the end of the row: We may refer to Additional Card(s) and Additional Cardmember(s) as Employee Card(s) and Employee Cardmember(s). All terms And conditions that apply to Additional Cants also apply to Employee Cards. Effective January 1, 2013, the third sentence of the About your Cardmember Agreement row, in Part 2 of your Cardmember Agreement, is deleted and replaced with: When you or an Additional Cardmember, as defined below, use the Account (or sign or keep a card), you agree to the terms of the Agreement. Effective January 1,, 2013, the Promise to pay row, in Part 2 of your Cardmember Agreement, is amended by removing the last two sentences. SOPO2 BPlOPNCHLD /1012 Annea�wri JetBlue Business Card from American Express e R U E j etBtue p. 7111 nwRSSS WILLIAM E LUTES WILLIAM E LUTES Closing Date 10/16/1Z Account Endingwool Changes to the Arbitration Provision We are making changes to the process for resolving legal claims to provide more options. See the summary of our new process below and the detailed language on the following pages for more on these changes. V- I n rit ...t. -: r : .x M 7151- a �&a' y�., k � •�' , �� x, rrx7�. � First, if you have an issue or dispute, please contact our Customer Service Department at the number listed on the back of your card. They are able to resolve most issues and disputes. Second, before initiating a mediation, arbitration or litigation, we ask that you send a Claim Notice to: American Express ADR c/o CT Corporation System, 111 8th Ave., New York, NY 10011. For a sample Claim Notice form, go to amedcanexpress.com /claim. Third, you may now mediate your claim prior to initiating an arbitration or litigation. In mediation, a neutral mediator helps to resolve your claim. Fourth, our Claims. Resolution provision includes an arbitration provision. This means that either you or we may choose to have an arbitrator decide any claim instead of having the claim decided by a court. However, you may reject the arbitration provision if you notify us in writing prior to February 15, 2013. Rejecting arbitration: If you reject the arbitration provision, it will not apply to you, except for any claims subject to litigation or arbitrations pending at the time you send your rejection notice. Also, your.rejection will apply to the arbitration provision in any other American Express Card accounts you may have, except for Corporate Card accounts. It will have no other effect on your ability to use your card or the service you have with American Express. How to reject arbitration: You must send us a rejection. notice by February 15, 2013, that contains your:. • name • address • account number(s) • signature Mail your rejection notice to American Express, P.O. Box 981558, El Paso, TX 79908. For a sample form, go to americanexpress.com /reject. You are not required to use the sample form. See the reverse side and subsequent pages for the detaH of changes. SARO2 BP /ARBTCLM /10:12 WILLIAM ELUTES Account Ending K001 p. 8111 Important Changes to Your Account Terms The terms of the account referenced in or with this notice are subject to change in accordance with the Cardmember Agreement .governing your Account (the "AgreemenV5. This notice formally-amends the Agreement as described below. These changes apply to ; existing and future balances on your Account. Any terms in the Agreement conflicting with these changes is replaced fully and completely. Terms not changed by this notice remain in full force and effect. We encourage you to read this notice, share it with Additional Cardmembers on your Account, and file it for future reference. If you have any questions about these changes, please call the number on the back of your Card. Effective January 1, 2013, the Arbitration provision in the Cardmember Agreement is replaced with the following: CLAIMS RESOLUTION Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first card purchase, or by February 16, 2013, whichever is later. See Your Right to Reject Arbitration below. For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third -party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and (4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to card membership (including fee -based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim. Sendinga Claim Notice Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to amedcanexpress.com /claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be -sent to American Express ADR c/o CT Corporation System, 111 8th Ave., NY, NY 10011. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules. Mediation In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1 -800- 352 -5267, jamsadr.com) orthe American Arbitration Association ( "AAA") (1 -800 -778 -7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation - related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation, Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration. SAR02 BP /ARBTCLM /1012 ERA JetBlue Business Card from American Express a L U E I jetBlue p. 9111 mess WILLIAM E LUTES {> WILLIAM E LUTES Closing Date 10116/12 Account Endingw001 Arbitration You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. Initiating Arbitration Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1 -16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Limitations on Arbitration If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other cardmembers or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used. in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. Arbitration Procedures This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges: The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and .all parties in writing. The organization will appoint a three - arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. SAR02 BP /ARBTCLM /1012 WILLIAM E LUTES Account Ending wool P. 10/11 Arbitration Fees and Costs You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the fling fees you would have incurred.if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Additional Arbitration Awards If the arbitrator rules in your favor for an amount greater than any final offer we made before arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees. Your Right to Reject Arbitration You may reject this Arbitration provision by sending a written rejection notice to us at` American Express, P.O. Box 981556, El Paso, TX 79908. Go to americanexpress.com /reject for a sample rejection notice. Your rejection notice must be mailed within 45 days after your first card purchase, or by February 15, 2013, whichever is later. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your card or any other benefit, product or service you may have with your Account. Continuation This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its :terms will apply to the buyer of your Account). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions:of this Claims Resolution section. SAR02 BP /ARBTCLM /1012 APAERICAN OPEN Savings' Summary ,p. 11/11., E?6iRe S Pmpwed For ntEnding WILLIAM: E LUTES 001: WILLIAM E LUTES. Savings this Billing Period: Savings,since January2012 o:oo 0.00 ' To start saving today Visitwww .open.comlopensavings;and learn more the OPEN Savings program and. participating merchants SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ` r, Chief Deputy ° 29 F. i 1 ? ' Richard W Stewart t ry Solicitor O! ,EOFTHES�WFief-° � Et �_1� #J American Express Bank, FSB Case Number vs. William Lutes 2013-5997 SHERIFF'S RETURN OF SERVICE 10/18/2013 03:41 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: William Lutes at 11 Plainview Road, Lower Allen, Camp Hill, PA 17011. RYAN BURGETT, D UTY SHERIFF COST: $44.95 SO ANSWERS, October 21, 2013 RON R ANDERSON, SHERIFF u-vSu .nonff. e-os ±. Our file No.: 346981 r R 01 Wir ' Apothaker& Associates, P.C. 3: 520 Fellowship Road C306 3 -� 1} Mount Laurel, NJ 08054 CUMBERLAND COUNTY (800) 672-0215 PENNSYLVANIA Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, )` vs. ) DOCKET NO.: 13-5997 CIVIL WILLIAM LUTES A/K/A WILLIAM E ) Civil Action LUTES ) ) STIPULATION IN LIEU OF JUDGMENT Defendant. ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on November 11, 2013, STIPULATED by and between AMERICAN EXPRESS BANK, FSB ("Plaintiff') and WILLIAM LUTES A/K/A WILLIAM E LUTES ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $12,822.49, plus court costs in the amount of$148.70, for a total of$12,971.19. 2. Defendant agrees to remit payment(s) in the following manner: a. $275.00 to be paid on or before November 25, 2013; b. $125.00 to be paid on or before the 25th day of each month, beginning December 25, 2013 through April 25, 2015; c. $252.00 to be paid on or before the 25th day of each month, beginning May 25, 2015 until paid in full. 3. All payments shall be made payable to "AMERICAN EXPRESS BANK, FSB", and sent to the office of Plaintiffs attorney, Apothaker& Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 1 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker& Associates, P.C. A Law Firm Engaged in Debt Collection Attom ar Plaintiff By: ` ►. Benjami J. Ca, laro, - quire Attorney ID# 307949 , .. t Defen i' By: . WILLIAM LUT A . A WILLIAM E LUTES / 2