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Supreme Court of Pennsylvania rtita�s �; Court of Common Pleas poet N F Civil Cover Sheet CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings and other papers required by 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 MAUREEN FERGUSON 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 Sel 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 ❑ Partition ❑ Replevin (3 Dental ❑ Quiet Title ❑ Other: • Legal • Medical ❑Other: ❑ Other Professional: FILED - OFFIC C THE PROTHONO GARY 1013 DEC. 13 PM 2: 16 CWTERLAND COUNTY PENNSYLVANIA 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 2 COUNTY, P NNSYLVANIA NO. tWil MAUREEN FERGUSON 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 O 173290/304 S 03. 7 S CA a� a aqq qaI 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. MAUREEN FERGUSON 20 Wedgewood Drive Carlisle, PA 17015 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 Maureen Ferguson, an adult individual who resides at 20 Wedgewood Drive, Carlisle, 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 Blue from American Express Card (hereafter the "Card "), which enabled defendant to charge items to a Blue from American Express Account (Account Number xxxx - xxxxxx- 41004) (hereafter the "Account "). 5. At all relevant times, defendant was the holder of the Card that enabled her to charge items to the Account. 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 she applied for the account. 7. The Blue from American Express Agreement (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 she 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, she 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 $5,093.92. 15. Despite due demand, defendant has failed and refused to pay American Express any portion of the amount due and owing. 16. By reason of the foregoing, American Express is entitled to judgment against defendant for breach of contract in the sum of $5,093.92, plus costs. WHEREFORE, American Express demands judgment against defendant on Count 1 in the sum of $5,093.92, plus costs of suit. Count 2 - Account Stated (In the alternative to Counts 1 and 3) 17. American Express incorporates by reference the averments of paragraphs 1 through 16. 18. 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. 19. 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. 20. 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. 21. Defendant's actions as set forth above constituted an account stated between the parties for the sum of $5,093.92, 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 $5,093.92, plus costs of suit. Count 3 - Unjust Enrichment (In the alternative to Counts 1 and 2) 22. American Express incorporates by reference the averments of paragraphs 1 through 21. 23. As a result of the foregoing, defendant received the benefit of American Express' extension of credit in the amount of $5,093.92 without paying for the same. 24. Defendant was aware of, apprehended and appreciated American Express' provision of credit by reason of her having made payments on account of the Account statements received on and after sheopened the account. 25. The reasonable value of the credit American Express provided defendant is the sum of $5,093.92. 26. 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 deman ' udgment against defendant on Count 3 in the sum of $5,093.92, plus costs of suit. BURT N IL & ASSOCIATES, P.C. ,!\ By: Der sker, Esquire Attorney for intiff 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. AMERiCAIV EXPRE55 Cardmember Agreement: Part 1 of 2 As of: 09/24/2010 Blue from American Express Issuer: American Express Centurion Bank Cardmember Name: Maureen Ferguson Credit Limit: $19,100 (Cash Advance Limit: $500) Account Ending In: 41004 Rates and Fees Table Interest Rates Annual Percentage Rate 11.24% (APR) for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 11.24% for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 27.24% Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2) make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Federal Reserve Board visit the website of the Federal Reserve Board at f r Ir v r i Fees Annual Membership Fee None Transaction Fees • Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. • Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $35 • Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAA00000105 Page 1 of 9 EXH '1BIT _. -- How Rates and Fees Work Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) APRs and DPRs to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten - thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 7.99% 11.24% 0.0308% Balance Transfer Prime + 7.99% 11.24% 0.0308% Cash Advance Prime + 21.99% 25.24% 0.0691% Penalty Prime + 23.99% 27.24% 0.0746% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will new transactions • you do not pay at least the Minimum apply to charges added to that balance 15 or Payment Due by the Closing Date of the more days after we send you notice. billing period in which it is due, • you do not pay at least the Minimum We will review your Account every 6 months after Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Penalty APR will times in 12 billing periods, or continue to apply until you have made timely • your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we existing balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to other balances as described above). We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new transactions and Penalty APR for existing balances above. Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Statement Copy $5 for each statement you request, except for the 3 most recent billing periods. Account Re- opening $25 if your Account is cancelled, you ask us to re -open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000105 Page 2 of 9 a , I Cardmember Agreement: Part 2 of 2 CD 27738 Introduction About your This document together with Part 1 make up the Any supplements or amendments are also part of Cardmember Agreement Cardmember Agreement (Agreement) for the the Agreement. When you use the Account (or you Account identified on page 1 of Part 1. sign or keep the card), you agree to the terms of the Agreement. Changing the Agreement We may change this Agreement, subject to to some terms may require 45 days advance notice, applicable law. We may do this in response to the and we will tell you in the notice if you have the right business, legal or competitive environment. to reject a change. We cannot change certain terms We cannot increase the interest rate on existing during the first year of your Cardmembership. balances except in limited circumstances. Changes Words we use in We, us, and our mean the issuer shown on page 1 added to your Account, such as purchases, cash the Agreement of Part 1. You and your mean the person who advances, balance transfers, fees and interest applied for this Account and for whom we opened charges. A purchase is a charge for goods or the Account. You and your also mean anyone who services. A cash advance is a charge to get cash agrees to pay for this Account. You are the Basic or cash equivalents. A balance transfer is a charge Cardmember. You may request a card for an to pay an amount you owe on another credit card Additional Cardmember (see About Additional account. Cardmembers in Part 2). To pay by a certain date means to send your Card means any card or other device that we issue payment so that we receive it and credit it to your to access your Account. A charge is any amount Account by that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. At our Account status or changes to your card number or discretion, we may permit you to make cash expiration date. You must notify the merchants advances or balance transfers. You cannot transfer directly if you want them to stop charging your balances from any other account issued by us or our Account. affiliates. Keep your card safe and don't let anyone else use You may arrange for certain merchants to charge it. If your card is lost or stolen or your Account is your Account at regular intervals. We may (but are being used without your permission, contact us right not required to) tell these merchants about your away. You may not use your Account for illegal activities. Promise to pay You promise to pay all charges, including: • charges you make, even if you do not present your card or sign for the transaction, • charges that other people make if you let them use your Account, and • charges that Additional Cardmembers make or permit others to make. Credit limit We assign a Credit Limit to your Account. We may You agree to manage your Account so that: and cash advance limit make part of your Credit Limit available for cash your Account balance (including fees and interest) advances (Cash Advance Limit). There may also be is not more than your Credit Limit, and a limit on the amount you can withdraw from ATMs in your cash advance balance (including fees and a given period. The Credit Limit and Cash Advance interest) is not more than your Cash Advance Limit are shown on page 1 of Part 1 and on each Limit. billing statement. We may approve charges that cause your Account We may increase or reduce your Credit Limit and balance to go over your Credit Limit. If we do this, Cash Advance Limit. We may do so even if you pay we will not charge an overlimit fee. If we ask you to on time and your Account is not in default. promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we We are not responsible for any losses you incur if may do this include suspected fraud and our we do not authorize a charge. And we are not assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the even if the charge would not cause you to go over card. your Credit Limit and your Account is not in default. CMAEUACM0000102 Page 3 of 9 About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also shows a Closing Date. The Each statement also states the time and manner by Closing Date is the last day of the billing period which you must make your payment for it to be covered by the statement. Each Closing Date is credited as of the same day it is received. For your about 30 days after the previous statement's Closing payment to be considered on time, we must receive Date. How to make payments Make payments to us in U.S. dollars with: your billing statement. If we receive it after that time, • a single check drawn on a U.S. bank, or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S. banking system, for example a money If your payment does not meet the above order, or requirements, there may be a delay in crediting your • an electronic payment that can be cleared through Account. This may result in late fees and additional the U.S. banking system. interest charges (see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that If your payment meets the above requirements, we will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it, as long as we receive it by the time disclosed in How we apply payments Your Account may have balances with different • After the Minimum Payment Due has been paid, and credits interest rates. For example, purchases may have a we apply your payments to the balance with the lower interest rate than cash advances. If your highest interest rate, and then to balances with Account has balances with different interest rates, lower interest rates. here is how we generally apply payments in a billing In most cases, we apply a credit to the same period: balance as the related charge. For example, we • We apply your payments, up to the Minimum apply a credit for a purchase to the purchase Payment Due, first to the balance with the lowest balance. We may apply payments and credits within interest rate, and then to balances with higher balances, and among balances with the same interest rates. interest rate, in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the highest of the following EXAMPLE. Minimum Payment Due three amounts: (1) 2% of the New Balance (excluding late fees on Assume that your Now Balance is $3,OQO,' the statement); or interest is $29.57 (see the,oxomp /e on the next (2) interest charged on the statement plus 1 % of page), and you have no /ate foes or amounts the New Balance (excluding late fees and past due, interest on the statement), not to exceed 4% of (1) 2% x $3,000 $60,00 the New Balance; or (2) $29,57+ f%,x ($3,000. $29.57) = $59.27 (3) $15. 0j $15.00 , Then we add late fees on the statement, round to The highest ot'the three amounts is $60.00. the nearest dollar, and add any amount past due. 54 the Minimum Payment Due is $60.00_ However, your Minimum Payment Due will not exceed your New Balance. Adjusting your If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billing periods. This may let you make a smaller minimum payment from time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1 % of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. continued on next page... CMAEUACM0000102 Page 4 of 9 M UNIRM ...continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as described below. However, you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by by the Payment Due Date, we will not charge the Payment Due Date, we will not charge interest interest on purchases from the date of your on purchases. payment to the Closing Date of the billing period in If you pay the New Balance on a statement by the which you made that payment. But we will charge Payment Due Date and then you pay less than the interest on purchases from the beginning of that New Balance on the following statement by the billing period until the date of your payment. Payment Due Date, we will not charge interest on you pay the New Balance on each of the next two the portion of the purchase balance that we apply statements by their Payment Due Dates, we will that payment to. But we will charge interest on not charge interest on purchases on the following unpaid purchases. statement. If you do not pay the New Balance on a statement Also, we will not charge interest on purchases on a by the Payment Due Date and then: statement if the Previous Balance on that statement • you pay the New Balance on the next statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions such as purchases and cash advances may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions) to figure interest For each day a DPR is in effect, we figure the daily charges for each balance. The total interest charged balance by: for a billing period is the sum of the interest charged taking the beginning balance for the day, on each balance. adding any new charges, Interest subtracting any payments or credits; and The interest charged for a balance in a billing period, making any appropriate adjustments. except for variations caused by rounding, equals: We add a new charge to a daily balance as of its • Average Daily Balance (ADB) x transaction date. • Daily Periodic Rate (DPR) x Beginning balance • number of days the DPR was in effect. For the first day of a billing period, the beginning ADB balance is the ending balance for the prior billing To get the ADB for a balance, we add up its daily period, including unpaid interest. For the rest of the balances. Then we divide the result by the number billing period, the beginning balance is the previous of days the DPR for that balance was in effect. If the day's daily balance plus an amount of interest equal daily balance is negative, we treat it as zero. to the previous day s daily balance multiplied by the DPR DPR for that balance. This method of figuring the A DPR is 1/365th of an APR, rounded to one ten- beginning balance results in daily compounding of thousandth of a percentage point. Your DPRs are interest. shown in How Rates and Fees Work on page 2 of When an interest rate changes, the new DPR may Part 1. come into effect during not just at the beginning of the billing period. When this happens, we will EXAMPLE: Celculatin Interest ,.f� , create a new balance and apply the new DPR to it. Assume that Y ee 5figl�3 Interest rate of To get the beginning balance on the first day for this 1 .9$°1cr yet C k I 260 acrd them 30 new balance, we multiply the previous day's daily days the I?/l1tCj ej/pph. balance by the old DPR and add the result to that The DPR Is 1 S 9 °fo c#ays 0.008% day's daily balance. Other methods Interest is $2,2$¢ , )( - O. 6443$V x 30 days = $28.57 To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM0000102 Page 5 of 9 Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section (or successor section) of The Wall Street general circulation in New York, New York. Or we Journal. The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall Street Journal 2 If the Prime Rate increases, variable APRs (and days before the Closing Date of the billing period. corresponding DPRs) will increase. In that case, you The Wall Street Journal may not publish the Prime may pay more interest and may have a higher Rate on that day. If it does not, we will use the Prime Minimum Payment Due. When the Prime Rate Rate from the previous day it was published. If The changes, the resulting changes to variable APRs Wall Street Journal is no longer published, we may ta effect as of the first day of the billing period. Other important information About Additional At your request, we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers Cardmembers. They do not have accounts with us information about your Account and to discuss it but they can use your Account subject to the terms with them. of this Agreement. You are responsible for all use of If you want to cancel an Additional Cardmember's your Account by Additional Cardmembers and right to use your Account (and cancel their card) you anyone they allow to use your Account. You must must tell us. pay for all charges they make. Converting charges made If you make a charge in a foreign currency, we will interbank rate we identify from customary banking in a foreign currency convert it into U.S. dollars on the date we or our sources on the conversion date or the prior business agents process it. Unless a particular rate is day. This rate may differ from rates that are in effect required by law, we will choose a conversion rate on the date of your charge. We will bill charges that is acceptable to us for that date. The rate we converted by establishments (such as airlines) at the use is no more than the highest official rate rates they use. published by a government agency or the highest Changing your You must notify us immediately if you change the: If you have more than one account, you need to billing address mailing address to which we send billing notify us separately for each account. statements; or We may update your billing address if we receive • e -mail address to which we send notice that your information that it has changed or is incorrect. billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending We may: We may do any of these things at our discretion, your Account cancel your Account, even if you pay on time and your Account is not in • suspend the ability to make charges, default. • cancel or suspend any feature on your Account, If your Account is cancelled, you must destroy your and cards. We may agree to reinstate your Account after • notify merchants that your Account has been a cancellation. If we do this, we may: cancelled or suspended. reinstate any additional cards issued on your If we do any of these, you must still pay us for all Account, charges under the terms of this Agreement. charge you any applicable annual fees, and • cha rge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default, we may: • you violate a provision of this Agreement, • suspend your ability to make charges, • you give us false information, • cancel or suspend any feature on your Account, • you file for bankruptcy, • require you to pay more than your Minimum • you default under another agreement you have Payment Due immediately, and with us or an affiliate, • require you to pay your Account balance • you become incapacitated or die, or immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay al l r costs, including attorneys' fees, that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about term of this Agreement. This may have a negative you, investigate your ability to pay, and obtain impact on your credit record. information about you from other sources. And you If you believe information we have given to a credit agree that we may use such information for any reporting agency is incorrect, write to us at: purposes, subject to applicable law. American Express Credit Bureau Unit, P.O. Box You agree that we may give information about your 981537, El Paso, TX 79998 -1537. When you write Account to credit reporting agencies. We may tell a to us, tell us your Account number and the specific credit reporting agency if you fail to comply with a ny information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 AMERICAN EXPRESS Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. We may contact you From time to time, we may contact you about topics to ensure the quality of customer service or when it ranging from servicing to marketing offers to is required by law. collecting amounts you owe. We may monitor and You can choose to not receive marketing offers from record phone calls between you (or any Additional us. To do this, call us at 1- 800 - 297 -8378 or log on to Cardmembers on your Account) and us. We do this www.americanexpress.com/com About insurance products We or our affiliates may tell you about insurance and or another affiliate is the insurer or reinsurer. non - insurance products, services or features that Compensation may influence what products and may have a fee. One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products. The affiliate W may share information about you with our may be compensated for this. The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you. We may be compensated for this behalf. Our affiliates may get additional information. compensation when Amex Assurance Company How we handle electronic When you pay us by check, you authorize us to If we do this, your payment may be deducted from debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day account other asset account. we receive your check. Also, you will not receive We may process the check electronically by that cancelled check with your bank or asset transmitting to your financial institution: account billing statement. • the amount, If we cannot collect the funds electronically, we may • the routing number, issue a draft against your bank or other asset • the account number, and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Convenience checks Convenience checks (including balance transfer add the fee to the same balance that we add the checks) are checks that we may send you to access convenience check transaction to. your Account. The following terms will apply to use W will charge $29 each time you ask us to stop of those checks unless otherwise disclosed with the payment on a convenience check. check. A convenience check is not a card. You may not use If you use a convenience check, we may decline it. If convenience checks to pay this or any other account we decline it, you may have to pay returned check with us or our affiliates. If you use a convenience fees or other penalties to whomever you wrote the check, we will apply the: check. • cash advance APR if you make it payable to cash, If you use a convenience check and we honor it, we to you, or to a bank, brokerage or similar asset will charge interest beginning as of the date we account, or to a mortgage or insurance provider. receive the check. You cannot avoid paying interest purchase APR if you make it payable to a on convenience check transactions. merchant. We will charge a fee for each convenience check balance transfer APR if you use it to transfer a transaction. This fee is 3% of the transaction, with a balance from another creditor. minimum of $5. This fee is a finance charge. We will penalty APR if it applies to your Account. Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 7 of 9 We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occas Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah, We entered into this Agreement with you in Utah, Arbitration This Arbitration provision sets forth the any claim that you properly file and pursue in RIGHT OR AUTHORITY FOR ANY CLAIMS circumstances and procedures under which a small claims court of your state or TO BE ARBITRATED ON A CLASS ACTION claims may be arbitrated instead of litigated in municipality so long as the claim is individual BASIS OR ON BASES INVOLVING CLAIMS court. and pending only in that court. BROUGHT IN A PURPORTED Definitions Initiation of Arbitration REPRESENTATIVE CAPACITY ON BEHALF As used in this Arbitration provision, the term Any claim shall be resolved, upon the election OF THE GENERAL PUBLIC, OTHER claim means any claim, dispute or by you or us, by arbitration pursuant to this CARDMEMBERS OR OTHER PERSONS controversy between you and us arising from Arbitration provision and the code of SIMILARLY SITUATED. The arbitrator's or relating to your Account, this Agreement, procedures of the arbitration organization to authority to resolve claims is limited to claims the Electronic Funds Transfer Services which the claim is referred in effect at the time between you and us alone, and the Agreement, and any other related or prior the claim is filed (code), except to the extent arbitrator's authority to make awards is limited agreement that you may have had with us, or the code conflicts with this Agreement. to awards to you and us alone. Furthermore, the relationships resulting from any of the Claims shall be referred to either JAMS or the claims brought by you against us, or by us above agreements, except for the validity, American Arbitration Association (AAA), as against you, may not be joined or enforceability or scope of this Arbitration selected by the party electing to use consolidated in arbitration with claims brought provision, For purposes of this Arbitration arbitration, If our selection of either of these by or against someone other than you, unless provision, you and us also includes any organizations is unacceptable to you, you agreed to in writing by all parties. No corporate parent, or wholly or majority owned may select the other organization within 30 arbitration award or decision will have any subsidiaries, affiliates, any licensees, days after you receive notice of our selection. preclusive effect as to issues or claims in any predecessors, successors, assigns, any For a copy of the code, to file a claim or for dispute with anyone who is not a named party purchaser of any accounts, all agents, other information, contact either; JAMS (1920 to the arbitration. Notwithstanding any other employees, directors and representatives of Main St #300, Irvine, CA 92614 or provision of this Agreement (including but not any of the foregoing, and other persons jamsadr.com) or AAA (335 Madison Ave, limited to the Continuation subsection below) and without waiving either party's right to referred to below in the definition of claims, New York, NY 10017 or adr.org). appeal such decision, should any portion of Claim includes claims of every kind and In addition to the organizations listed above, this Restrictions on Arbitration subsection be nature, including but not limited to, initial claims may be referred to any other deemed invalid or unenforceable, then the claims, counterclaims, cross - claims and third �,, ; +., +; nrnnni7ahnn thot is miihinu„ 4; Ark;f finn nrn,aeinn Whor than Chic M U-10- ...continued from previous page Payment of Fees arbitration with us. The organization will then appoint a three- You will be responsible for paying your share, Continuation arbitrator panel which shall consider anew if any, of the arbitration fees (including filing, This Arbitration provision shall survive any aspect of the decision objected to by the administrative, hearing and /or other fees), but termination of your Account; voluntary appealing party. The panel shall issue its only up to the amount of the filing fees you payment of the Account balance in full by you; decision, by majority vote, within 120 days of would have incurred if you had brought a any legal proceeding by you or us to collect a the appealing party's written notice. Judgment claim in the state or federal court closest to debt owed by the other; any bankruptcy by upon any award rendered by the arbitrator or your billing address that would have had you or us; and any sale by us of your Account panel may be entered in any court having jurisdiction. We will be responsible for any (in the case of a sale, its terms shall apply to jurisdiction. additional arbitration fees. At your written the buyer of your Account). If any portion of Location of Arbitration request, we will consider in good faith making this Arbitration provision, except as otherwise Arbitration hearings you attend shall take a temporary advance of all or part of your provided in the Restrictions on Arbitration share of any arbitration fees. You will not be subsection, is deemed invalid or place in the federal judicial district of your assessed any arbitration fees in excess of residence. unenforceable, it shall not invalidate the your share if you do not prevail in any remaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our While we investigate whether or not there Your Rights If You Are Dissatisfied With responsibilities under the Fair Credit Billing has been an error: Your Credit Card Purchases Act. We cannot try to collect the amount in If you are dissatisfied with the goods or What To Do If You Find a Mistake on Your question, or report you as delinquent on services that you have purchased with your Statement that amount. credit card, and you have tried in good faith to If you think there is an error on your The charge in question may remain on your correct the problem with the merchant, you statement, write to us at: statement, and we may continue to charge may have the right not to pay the remaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 While you do not have to pay the amount in To use this right, all of the following must be El Paso TX 79998 -1535 question, you are responsible for the true: remainder of your balance. 1. The purchase must have been made in In your letter, give us the following We can apply any unpaid amount against your home state or within 100 miles of your information: your credit limit. current mailing address, and the purchase • Account information: Your name and account number. After we finish our investigation, one of two price must have been more than $50. • Dollar amount: The dollar amount of the things will happen: (Note: Neither of these are necessary if suspected error. If we made a mistake: You will not have to your purchase was based on an rr • Description rr problem: If you think there is Pay the amount in question or any interest advertisement we mailed to you, or if we an error on your bill, describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong and why you believe it is a If we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2. You must have used your credit card for question, along with applicable interest and the purchase. Purchases made with cash You must contact us: fees. We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due. We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3. You must not yet have fully paid for the automated payment is scheduled, if you owe. purchase. want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong, you must write to us within still dissatisfied with the purchase, contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing. You may call us, but if you do we are If you do so, we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill. We must tell you the El Paso TX 79998 -1535 in question. name of anyone to whom we reported you as While we investigate, the same rules apply to What Will Happen After We Receive Your delinquent, and we must let those the disputed amount as discussed above. Letter organizations know when the matter has After we finish our investigation, we will tell When we receive your letter, we must do two been settled between us. you our decision. At that point, if we think you things: If we do not follow all of the rules above, you owe an amount and you do not pay, we may 1. Within 30 days of receiving your letter, we do not have to pay the first $50 of the amount report you as delinquent. must tell you that we received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we be the b ill is correct. CMAEUACM0000102 Page 9 of 9 RMER�CAIV Blue from American Express"' P. EXPRESS MAUREEN FERGUSON Closing Date 09/03/13 Account Ending 2 -41004 New Balance $5 093.92 Membership Rewards® Points Available and Pending as of 07/31/13 Minimum Payment Due $600.00 1,432 For up to date point balance and full program Includes the past due amount of $465.00 details, visit membershiprewards.com Payment Due Date 09/28/13 Account Summary Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $5,009.25 the Payment Due Date listed above, you may have to pay a late fee of up to Payments /Credits -$0.00 $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24 %. New Charges +$0.00 Fees +$35.00 Interest Charged +$49.67 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $5,093.92 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $600.00 example: Credit Limit $4,300.00 If you make no additional You will payoff the balance And you will pay an Available Credit $0.00 charges and each month you shown on this statement in estimated total of... Cash Advance Limit $0.00 pay... about... Available Cash $0,00 Only the 14 years 8,383 Days in Billing Period: 32 Minimum Payment Due If you would like information about credit counseling services, call 1- 888 - 733 -4139. Customer Care See page 2 for important information about your account. Pay byComputer americanexpress.com /pbc Q Your dCCOU IS past d ue. C ustomer 888 - 258 -3741 P 00 4772 -9297 See Page 5 For A Notice Of Changes To The Membership Rewards D See Page 2 for additional information Program Terms & Conditions See Page 9 for Important Changes to Your Account Terms and Benefits Please fold on the perforation below, detach and return with your payment + ® Payment Coupon PaybyComputer PaybyPhone Account Ending 2-41004 Do not staple or use paper clips © americanexpress.com /pbc 1- 800 - 472 -9297 Enter account number on all documents. Makecheck payableto American Express. I. IIIIIIIIIII�� " I�I��I�I�II'I' l ll l ll' l l l l" "III' MAUREEN FERGUSON Payment Due Date 20 WEDGEWOOD DR 09/28/13 CARLISLE PA 17015 -9367 New Balance $5,093.92 Minimum Payment Due $600.00 IIII' IIIIIIII' III' IIIIIIIIIIIIII 'I "II'l AMERICAN EXPRESS $ E] p,0 BOX 1270 Check here if your address or Amount Enclosed phone number has changed. NEWARK 12 07101 - 1270 Note changes on reverse side. 0000349990700877089 000509392000060000 02 d EX IT �� MAUREEN FERGUSON Account Ending 2 -41004 p• 2/ 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 S p.m, will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting 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, 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. 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 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 deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in doilycompoundingof interest, Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.7% of the converted US dollaramount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is 81.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Customer Care & Billing Inquiries 1- 888 - BLUE -741 Hearing Impaired Website: americanexpress.com 1- 888 - 258 -3741 TTY: 1-800-221-9950 © Mobile Site: amexmobile.com International Collect 1- 336 - 393 -1111 FAX: 1-800-695-9090 Large Print & Braille Statements 1- 888 - BLUE -741 In NY: 1-800-522-1897 Customer Care 1- 888 - 258 -3741 & Billing Inquiries Payments Express Cash 1- 800 -CASH -NOW 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 • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. Avoid late fees • Please print clearly in blue or black ink only in the boxes provided. Save time Deduct your payment from your bank Street Address account automatically each month Visit americanexpress .com /autopay City, State today to enroll. Zip Code Area Code and Home Phone Area Code and Work Phone For information on how we protect your privacy and to set your communication Email and privacy choices, please visit www.americanexpress.com/privacy. AMERICAN Blue from American Express"' p. 3/11 EXPRESS MAUREEN FERGUSON Closing Date 09/03/13 Account Ending 2 -41004 Fees Amount 08/28/13 Late Payment Fee $35.00 Total Fees for this Period $35.00 Interest Charged Amount 09/03/13 Interest Charge on Purchases $49.67 Total Interest Charged for this Period $49.67 2013 Fees and Interest Totals Year -to -Date Amount Total Fees in 2013 �aJ 8130.00 Total Interest in 2013 $340.08 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage 5ubjectto Charge From To Rate Interest Rate Purchases 08/03/2013 11.24% (v) $6.56 $ 0.06 Purchases 04/10/2000 08/02/2013 11.24 %(v) $5,033.23 $49.61 Cash Advances 08/03/2013 25.24% (v) $0.00 $0.00 Total $49.67 (v) Variable Rate MAUREEN FERGUSON Account Ending 2 -41004 P 4/11 Blue from American Express" p. 5/11 AMERiCJ -11V EJCFRE55 MAUREEN FERGUSON Closing Date 09/03/13 Account Ending 2 -41004 Important Changes to the Membership Rewards Program Terms and Conditions A summary of the changes appears below. The detailed changes can be found after the summary chart. 14 FGi'r ra -�f 'I''� n , �,i i , ., .4,,R . 11' �� ON it5i r,[ l .. s. - 'l�Vi r .PC �.r `t� fi €?�fi { , Sri `hili. ,, 1,:,: �f5 r i- �lk]rPl ? r j 13 ff 0 i rr. {. f , IuW lht rfi it }r 4i_. p_ _. +. ', . I Dili tlr I. ,, iPl � wa}r Membership Rewards Effective on September 1, 2013, we will no longer charge an additional $10 Linkage Fee Removal annual fee to link certain OPEN Cards to a Membership Rewards account for another enrolled Card. Membership Rewards We are making changes to the process for resolving legal claims. The Claims Resolution following is a brief summary of the new process: 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 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 americanexpress.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, the Membership Rewards Program Terms and Conditions continue to include 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. See the following pages for Detailed Changes MAUREEN FERGUSON Account Ending 2 -41004 p. 6/11 Detail of Changes to the Membership Rewards Program Terms and Conditions The terms and conditions of the Membership Rewards program are subject to change as stated therein. This notice formally amends the terms and conditions of the Membership Rewards program as described below. Any provisions in the terms and conditions of the Membership Rewards program conflicting with these changes are replaced fully and completely. Terms not changed by this notice remain in full force and effect. We encourage you to read this notice and file it for future reference. If you have any questions about these changes, please call the number on the back of your Card. Linkage Fee Removal Effective immediately, we hereby make the following revisions to Section 2 of the About the Program Section of the Membership Rewards Program Terms and Conditions: 1. The following language contained in the second paragraph after the chart is hereby deleted: "Please note that there is an additional $10 annual fee for each Business Charge or Credit Card that you link to a Membership Rewards account with other enrolled charge Cards, unless you also have one of the following Cards (which may include an Additional Card) linked to the same Membership Rewards account: Executive Business Card, Business Membership Rewards Card, Centurion Card, Platinum Card or Fidelity Platinum Card." 2. The following language contained in the third paragraph after the chart is hereby deleted: "If this happens, you may be charged the linkage fee in addition to any enrollment costs." Membership Rewards Claims Resolution Effective January 1, 2014, the Arbitration provision in the terms and conditions of the Membership Rewards program 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. 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 participation in the program, these Terms & Conditions or any prior program agreement, 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 the program; and (4) claims that arise from or relate to (a) the program account or any point balances on the program account, (b) advertisements, promotions or oral or written statements related to the program or any reward or (c) the redemption for and use of any reward. You may not sell, assign or transfer a claim. Sending a 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 americanexpress.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. S1893 BP /MRARLNK/0913 m l Blue from American Express' p. 7/11 MAUREEN FERGUSON Closing Date 09/03/13 Account Ending 2 -41004 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) or the 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. 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 these Terms & Conditions. 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. S1893 BP /MRARLNK/0913 MAUREEN FERGUSON Account Ending 2 -41004 P. 8/11 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. 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 filing 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. Continuation This section will survive termination of the program or your participation in it. 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. S1893 BP /M RAR LN K/0913 Blue from American Express"' P. 9/11 AM�RIfAN E'S6�RE55 MAUREEN FERGUSON Closing Date 09/03/13 Account Ending 2 -41004 Important Changes to Your Account Terms We are making changes to your Card account and benefits. A summary of the changes appears below. The detailed changes to your Cardmember Agreement and other account terms can be found after the summary chart. . + u a i +� l ra Gia� ai 1 xi 1¢ira Fu 3 alt, la N e kl fi' l 11 a 3i k b n Sidi F;:i itl E{ h MY �� �3 p "` ,9 �ll i�'1� si�u���y� Alt hi I -� FRI f% , Using the Card You may choose to store your Card account number and expiration date with certain merchants from whom you make purchases periodically. We are updating your Cardmember Agreement to clarify that we may tell these merchants if your expiration date or card number changes or if your account is cancelled. Currently, we only provide this information to certain merchants whom you have authorized to bill you at regular intervals. Your Agreement for We are making changes to the EFT Agreement to clarify that it applies Transferring Funds to all bank accounts (not just consumer bank accounts). Electronically (the "EFT Agreement ") Oklahoma Insurance We have added an insurance notice for Oklahoma residents regarding Disclosure for Car Rental insurance fraud. Loss and Damage Insurance Policy See the following page for Detailed Changes MAUREEN FERGUSON Account Ending 2 -41004 P 10/11 Detail of Changes to Your Agreements The terms of the account referenced in or with this notice are subject to change in accordance with the Cardmember Agreement, Your Agreement for Transferring Funds Electronically (the "EFT Agreement "), and the Car Rental Loss and Damage Insurance Policy governing this account (collectively, the "Agreements "). This notice formally amends the Agreements as described below. Any terms in the Agreements conflicting with these changes are 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. Using the Card Effective immediately, the second paragraph of the Using the Card section in Part 2 of your Cardmember Agreement is deleted in its entirety and replaced with the following: "You may arrange for certain merchants to store your card number and expiration date, so that, for example: • the merchant may charge your account at regular intervals; or • you may make charges using that stored card information. We may (but are not required to) tell these merchants if your expiration date or card number changes or if your account is cancelled. You must notify the merchants directly if you want them to stop charging your Account." Your Agreement for Transferring Funds Electronically Effective immediately, the fifth sentence of the Words we use in this agreement Section of your EFT Agreement is hereby deleted and replaced with the following: "Your bank account is the bank account you use to pay for any transactions you make through the service." Car Rental Loss and Damage Insurance Policy Change to Policy for Residents of Oklahoma: We are making Important Changes to your Car Rental Loss and Damage Insurance policy ('Policy ") underwritten by AMEX Assurance Company. Effective immediately, the following section is hereby added after the How Benefits are Paid section: "Fraud: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. Form Number: CRLDIAE0612OK" S1693 BP /CLNDWCR /0913 Membership Rewards" MEMBERSHIP p 11/11 ER, CRESS Monthly Statement and Program News rewards express - Prepared for MAUREEN FERGUSON Account Number 11VI86305317 Questions A bout Yo ur Account? Total Points Balance 1,432 * membershiprewards.com P Q 1- 800 - AXP- EARN(297 -3276) Points Earned this Period International Collect: 305 - 816 -2799 Did You Know? Account Summary July 1, 2013- July 31, 2013 Use Points For Your Charges Opening Points Balance 1,432 Use your Card for charges like travel, dining, groceries, and more, then go online and use the Points Earned this Period 0 points you earned toward your eligible charges. Points Used this Period 0 Learn more at membershiprewards.com/yourcharges Reinstated Points and Adjustments 0 Total Points Balance 1,432 Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Points Transaction Detail July 1, 2013 -July 31, 2013 Points Earned this Period Points Activity On Bonus Points Total Points Eligible Charges Awarded Activity Per Card BLUE 0 0 0 XXXX - XXXXX2 -41004 ADVL BLUE 0 0 0 XXXX - XXXXX2 -41012 Total 0 0 0 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or visiting membershiprewards.com. Terms and Conditions of the Membership Rewards Express* program apply. For more information, visit membershiprewards.com /termsor call 1- 800 -AXP -EARN (297- 3276). From overseas, call collect 305 - 816 -2799. Verification ASSISTANT CUS € t` LII N' (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 based upon personal knowledge, or 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: 1 (sig ure of authorized representative) 173290 ,i�;�A r AN I � s] OP L"\ "�� >� Maureen Ferguson Account number ending in 41004 1201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith w Chief Deputy 113 -n;7C 2 3 P 2: L - w Richard W Stewart ,f"!BD`rLA{,i �`��'t! �. Solicitors ,- -INSYL,VAM American Express Centurion Bank Case Number vs. Maureen Ferguson 2013-7344 SHERIFF'S RETURN OF SERVICE 12/19/2013 11:40 AM - Deputy William Cline, 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: Maureen Ferguson at 20 Wedgewood Drive, Dickinson Township, Carlin 1 015 ,eez ILLIAM CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, December 20, 2013 RbNPV R ANDERSON, SHERIFF 173290/221 AMERICAN EXPRESS CENTURION BANK IN THE COURT OF COMMON PLEAS 4315 South 2700 West Salt Lake City,UT 84184 _ Plaintiff CUMBERLAND COUNTY, PENNSYLVAN4 , V. c5 -n .7 NO. 13-7344-CIVIL MAUREEN FERGUSON 20 Wedgewood Drive . -; Carlisle PA 17015 c-i 2 O G� CD Defendant : CIVIL ACTION-LAW C Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $5,093.92 TOTAL $5,093.92 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys,if any, after the default occurred,and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 20 1(b)(1)(A)of the Servic embers Civil ReliefActof2003(SCRA), the defendant is not in the military service of the United WVs based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED Neil &Associates, P.C. AND DA GE SS 7D AS ABOVE. NOTICE VEN D VA.R.CIV. .�iM By: . e C. Blasker, Esquire 'ems ,` ... Attorney for Plaintiff Pro Prothonotary I.D.NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 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. S ItJ(• S�� r , e onaZW '7&7 97 1_4* 36(3(01 173290/265 AMERICAN EXPRESS IN THE COURT OF COMMON PLEAS CENTURION BANK Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 13-7344-CIVIL . MAUREEN FERGUSON Defendant :CIVIL ACTION-LAW TO: Maureen Ferguson 20 Wedgewood Drive Carlisle PA 17015 DATE OF NOTICE:January 18,2014 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10) days from the date of this notice,a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer,this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800/9900--9108 Burton'Neil Bd As ociates, P.C. BY= / Yale D! eins ein, Esquire Att o e for Plaintiff This is an attempt to collect a debt,and any information lden fication No. 89678 obtained will be used for that purpose.This 106 Andrew Drive, Suite 170 communication is from a debt collector. West Chester, PA 19380 (610)696-2120 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. NO. 13-7344-CIVIL MAUREEN FERGUSON Defendant CIVIL ACTION-LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on �� L( Prothono By: Deputy If you have any questions concerning the above,please contact: Derek C. Blasker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 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. 173290/232 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 AMERICAN EXPRESSCENTURION BANK : IN THE COURT OF COMMON PLEAS 4315 South 2700 West, Salt Lake City,UT 84184 Plaintiff v. : CUMBERLAND COUNTY,PENNSYLVANIA MAUREEN FERGUSON 20 Wedgewood Drive, Carlisle PA 17015 Defendant(s) : NO. 13-7344-CIVIL F&M Trust 1901 Ritner Highway,Carlisle,PA 17013 _j_ PNC Bank ^, 105 Noble Boulevard, Carlisle,PA 17013 fir' Orrstown Bank -<-, 22 South Hanover Street, Carlisle, PA 17013 r -a r'=' Garnishee(s) : CIVIL ACTION-LAW -17 G rte'' To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against MAUREEN FERGUSON , Defendant(s) 3. and against F&M Trust,PNC Bank and Orrstown Bank , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY- GARNISHMENT ONLY Serve interrogatories on garnishee at: 1901 Ritner Highway, ' rlisle, PA 17013 5. Amount Due $5,093.92 Total $5,093.92* *Plus writ costs 1, Dated: February 25 2014 `II' Derek .lasker, Esquire Attorney '1r Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b),the county should be indicated.Under Rule 3103(c)a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a).When the writ issued to another county indexing is required as of course in that county.See Rule 3104(b).Paragraph 4(b)should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired.See Rule 3104(c). This is an attempt to collect a debt, and any information obtained will be used for that purpose. This s communication is from a debt collector. a S DIA-c °w auks . eC F cid .so << :, >� , SD eiP`iSLI D3 P4 C"1Y V-I*26 a3.9g wc.k cjc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-7344 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN EXPRESS CENTURION BANK Plaintiff(s) From MAUREEN FERGUSON,20 WEDGEWOOD DRIVE,CARLISLE,PA 17015 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: F&M TRUST, 1901 RITNER HIGHWAY,CARLISLE,PA 17013 PNC BANK, 105 NOBLE BOULEVARD,CARLISLE,PA 17013 ORRSTOWN BANK,22 SOUTH HANOVER STREET,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5,093.92 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$184.03 Due Prothonotary$2.25 Other Costs$ Date:3/3/14 David D. Buell,Prothonotary . i /V/ __ Deputy REQUESTING PARTY: Name : DEREK C. BLASKER,ESQ. Address: BURTON NEIL&ASSOCIATES,P.C. 1060 ANDREW DRIVE,SUITE 170 WEST CHESTER,PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 202150 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F LI- F/�� Sheriff cm"a"^_ �.' THE 'AGTHONO���Y -`c Jody 88m�h �~ -m 2014 MR �� PM �' �| Chief Deputy ^°,,.=, / , ` ^. �' ". Richard W Stewart CUMBERLAND �n//u�v ' ''''"�~` �'=''`' ^ Solicitor mpa�snp�Ewmu�p °°''� `'~~ ~~~'^' ' ~�`— PENNSYLVANIA American Express Centurion Bank vs. Maureen Ferguson Case Number 2013-7344 SHERIFF'S RETURN OF SERVICE 03/14/2014 11:56 AM 4 William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, F & M Trust, 214A Westminster Drive, South Middleton Township, Cadio|e, PA 17013. Cumberland County, by handing to Richard Winters, Manager, personallythree copies of interrogatories together with three true and attested copies of the Writ of Execution a made the contents there of known to him. WIL M NE, DEPUTY SO ANSWERS, March 17, 2014 RONm,x ANDERSON, SHERIFF Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire D. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff • 20111 14;R 19 PP 1: 38 NBElil.AND COUNTY PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK : IN THE COURT OF COMMON PLEAS Plaintiff v. MAUREEN FERGUSON 20 Wedgewood Drive, Carlisle PA 17015 Defendant(s) F &M Trust and PNC Bank and Orrstown Bank : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-7344-CIVIL Garnishee : CIVIL ACTION -LAW To: F &M Trust 1901 Ritner Highway, Carlisle, PA 17013 140.5aY6 41' Interrogatories to Garnishee You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? yes -Lhe d e find ant h 0( 01-s. Ch e clk ft 0� c co um-E t't TroS1- Ca. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owed solely or in part by the defendant? N0 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? Th-C defendants cheobni c ccouat- GuurreA-ki c leas 6- k cUante, or- ►, D`fa. qt. 4. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 1\1 0 l-� o w &vim, a if -dun cis are ex-e(n/o ) Socj of fe d -y Q en e-6.- s, 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? NO 6. At any time before you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? i\Jo 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? tJo 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. \ t e , s, tk€ C4arf C C el Ves S act a/1 Se au- 14-y 13-en-eta s fYorrj ?r E afYtoam-- of oz agf.00, 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each acc t. AJ/ - A -C-1)0 ct s ore Okemp-k See Noti ce, Burton Ne By: sociates, P.C. . Blasker, Esquire 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. R spe c.6 V e V j(thjy) 00123(Le- C;/ Ch r s6'e, L. f)Or n) at- 381 rf NOTICE IMPORTANT INFORMATION ABOUT YOUR ACCOUNT Date: March 18, 2014 Notice to: Maureen Ferguson Account Number: XX35058 Why am I receiving this notice? On March 1.8, 2004, Farmers and Merchants Trust Company, received a garnishment order from a court to freeze funds in your account. The amount of the garnishment order was for $5,093.92. Weae'sending you this notice to let you know what we have done in'response to tSe garnishment order! What garniishment? t rr Garnishment is a le r ocess that allows a creditor to remove funds from your bank account to satisfytia debt that you have not paid. In other words, if you owe money to a person or company, they can- obtan.a court order directing your bank to take money out of your - account to pay off your debt. If this 'happens, you cannot use that money in your account. What has happened to my account? TT f i Z On March 18, 2014 we researched your account and' identified`one: or- more_, Federal benefit payments deposited in the last 2 months. In most cases, Federal benefit payments are protected from garnishment. As required by Federal regulations, therefore, we have established a "protected amount" of funds that will remain available to you and that will not be frozen from your account in response to the garnishment order. Account number Amount in account Amount protected Amount subject to garnishment (now [frozen /removed]) Garnishment fee charged XX35058 $1042.91 $1042.91 $0.00 NONE Please note that these amounts may be affected by deposits or withdrawals after the protected amount was calculated on March 18, 2014. © Pegasus Educational Services, LLC 1 ., Do I need to do anything to access my protected funds? You may use the "protected amount" of money in your account as you normally would. There is nothing else that you need to do to make sure that the "protected amount" is safe. Who garnished my account? The creditor who obtained a garnishment order against you is American Express Centurion Bank. The creditor's attorney is Derek C. Blasker, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 7' West_Chester PA 19380 I 6i0- 69672120 /./1/ \ What types of Federal benefit payments are protected from garnishment In most cases, you have protections from garnishment if the funds in your account include one or more of the'following Federalaienefit payments: / • Social Security benefits' _ �` • Supplemental Security Income benefits • Veterans benefits • Railroad retirement benefits • Railroad Unemployment Insurance benefits • Civil Service Retirement System benefitsy'`4 f'r • Federal Employees Retirement System benefits You may also consult an attorney (lawyer) to help you prove to the creditor who garnished your account that additional funds are from Federal benefit payments and cannot be taken. If you cannot afford an attorney, you can seek assistance from a free attorney or a legal aid society. How to contact Farmers and Merchants Trust Company. This notice contains all the information that we have about the garnishment order. However, if you have a question about your account, you may contact us at 717 - 264 -6116. © Pegasus Educational Services, LLC 2 Litt MAR 26 PN 3: 02 OUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire D. NO. 202150 J060 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 v. : CUMBERLAND COUNTY, PENNSYLVANIA MAUREEN FERGUSON Defendant : NO. 13-7344-CIVIL and F&M Trust Garnishee : CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against F&M Trust, garnishee. Burton NeJLi ssociates, P.C. By: De Blasker, Esquire Attorney or 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. 173290 4q.5f) PO tk1iy 0.,-tbrIl9108 aii-305q-i 8 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY, �. t ,1L.,, THE—PR-0 Ad OFFICE OF TVE vf,.ERIPr LL� n E, rtu 2614 MU 2 I 1M 9: 4 1 CUMBERLAND COUNTY PENNSYLVANIA American Express Centurion Bank vs. Maureen Ferguson Case Number 2013 -7344 SHERIFF'S RETURN OF SERVICE 03/14/2014 11:56 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded - - =- - - -- - -- _all - goods;- chattels, - rights; debts credits,- and - monies of- the - Defendant; in the hands, possession, or control - of the within named garnishee, F & M Trust, 214A Westminster Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Richard Winters, Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution a made the contents there of known to him. March 17, 2014 (c) CeuntySuito Snorift, Toleosoft Inc. WIL AM CEINE, DEPUTY SO ANSWERS, 'Kr} RONNS' R ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody 5 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND o��������� ^�. v~~.�." . �� ��. . .~~~~ ~�" ~~~~"°"��~~"^�^,""~~� COUNTY " HLEi—OFF /�� HE_ PROTHONJ:T/"Y �r 01 -^V 20 | �,0mDn/ AM m. 14 CUMBERLAND /\QD C NTy OM'.-3.0 'TkIE PENNSYLVANIA American Express Centurion Bank vs. Maureen Ferguson Case Number 2013-7344 SHERIFF'S RETURN OF SERVICE 03/10/2014 09:56 AM - Ryan Burgett, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chastity Bucher, Customer Service Rep, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. RYANBURGB , DEP SO ANSWERS, March 20, 2014 RUNNYR ANDERSON, SHERIFF Ronny RAnderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �TA�� ` ' ` ' ' '- ' ' O 2°1ii11=A13 2\ A" 9: Q . n` u'--- i CAoN r I PENNSYLVANIA American Express Centurion Bank vs. Maureen Ferguson Case Number 2013-7344 SHERIFF'S RETURN OF SERVICE 03/19/2014 10:11 AM - Ryan Burgett, Deputy, who being duly sworn according to Iaw, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle 8onough, Cadio/m, PA 17013. Cumberland County, by handing to Brianna Nornhold, Customer service rep, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 20, 2014 to Maureen Ferguson at 20 Wedgewood Drive, Carlisle, PA 17015. RYAN BURGETT, DEPUTY SO ANSWERS, March 20, 2014 RON R ANDERSON, SHERIFF (c) CountySuile Sheriff, Tele.osoft. Inc. LE. F p rT HON° I-ARi 2011i MAR 3 I PH 1: 15 CUMBERLAND COUNTY PENNSYLVANIA 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 v. : CUMBERLAND COUNTY, PENNSYLVANIA MAUREEN FERGUSON Defendant : NO. 13-7344-CIVIL and PNC Bank Garnishee : CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against PNC Bank, garnishee. Burton Neil & ociates, P.C. By: Derek lasker, 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. 173290 cLM do, tki -27337 -/TL-. 36 ?uuei i Hifi OR 16 A111: 1; CUFIDERLAND COUNTY PENNSYLVANIA 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 v. : CUMBERLAND COUNTY, PENNSYLVANIA MAUREEN FERGUSON Defendant : NO. 13-7344-CIVIL and ORRSTOWN BANK Garnishee : CIVIL ACTION - LAW To the Prothonotary: Praecipe to Dissolve Attachment iiiDissolve the attachment against ORRSTOWN BA 1 arnishee. • "Bu Associates, P.C. Nil Pa ere C. Blasker, Esquire B 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. 173290 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY •••• HE PROTHONO TAR,' NM OCT -1 M111: 15 CUMBERLAND couNTY PENNSYLVANIA American Express Centurion Bank vs. Maureen Ferguson Case Number 2013-7344 SHERIFF'S RETURN OF SERVICE 03/14/2014 11:56 AM - VVilliam Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debt , credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, F & M Trust, 214A Westminster Drive, South Middleton Township, Cadis|e. PA 17013. Cumberland County, by handing to Richard Winters, PWanogar, personally three copies of interrogatories together with three true and attested copies of the Writof Execution and made the contents there of known to him. 03/19/2014 09:56 AM n Bstt Deputy, who being duly sworn according to Iaw, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 S Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Chastity Bucher, Customer Service Rep, personafly three copies of interrogatories togetherer with three true and attested copies of the Writ of Execution and made the contents there of known to her. 03/19/2014 10:11 AM - Ryan Burgett, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chatte|o, righta, deLtu, cneditn, and monies ofthe Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brianna Nornhold, Customer service rep, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The wriof execution and notice to defndan was mailed on March 20, 2014 to Maureen Ferguson at 20 Wedgewood Drive, Carlisle, PA 17015. 10/08/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $203.05 SO ANSWERS, October 08, 2014 RONR ANDERSON, SHERIFF (c) CfountySuile Sheriff, Teleosoft, Inc,