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Home My WebLink About14-2320 Supreme Court.of Pennsylvania Cou1 sf Cotn''`' 11 Pleas A,'1t ForProthonolan Use Onh•: rid. o� er Sheet C 'J BE'1Z' `` ' • D Count,' Docket No: 14 -a-3:90 Owl The information collected on this form is used solely} for court administration purposes. This form does not supplement or replace thefiling mrd service of pleadings or other papers as required by Imi or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition El from Another Jurisdiction [] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T AMERICAN EXPRESS CENTURION BANK MICHAEL LEITZEL A/K/A MICHAEL W LEITZEL I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits 0 (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates. P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) El Employment Dispute: Discrimination E El Slander/Libel/ Defamation ❑ Other: Employment Dispute: Other C ❑ Zoning Board T, ❑ Other: I ❑ Other: o MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 Our File No.: 372912 7N � ARR 16 AM 10: 54 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire CUMBERLAND COUNTY Attorney I.D.# 38423 eENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ) NO.: 14 - olwo CivitT rn Plaintiff, ) vs. ) MICHAEL LEITZEL A/K/A ) MICHAEL W LEITZEL ) 11031 DEERFIELD CMNS ) SHIPPENSBURG, PA 17257 ) Defendant. ) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717- 249 -3166 103.75 PA ATTV C4lol 44LP p #3C)g5g Our File No.: 372912 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 NO.. Plaintiff, ) vs. ) MICHAEL LEITZEL A/K/A MICHAEL W ) LEITZEL ) 11031 DEERFIELD CMNS ) SHIPPENSBURG, PA 17257 ) Defendant. } CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Centurion Bank ( "Plaintiff'), an industrial bank, organized under the laws of the State of Utah with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is /are MICHAEL LEITZEL A /K /A MICHAEL W LEITZEL ( "Defendant "), an adult individual residing at 11031 DEERFIELD CMNS, SHIPPENSBURG, PA 17257. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 1003. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $13,215.26. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $13,215.26 and requests this Court award costs to the extent permitted by applicable law. APOT fiEngag SSOCIATES, P.C. /Deb A Law ection BY: David J. Apothaker, Esquire Our File No.: 372912 VERIFICATION I hereby state that I am a Custodian of records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. Name ! _, Dated: 3 1� - Av - / Account No.:ending in 1003 MICHAEL LEITZEL AKA MICHAEL W LEITZEL AMERICAN EXPRESS N Cardm ember Agreement: Part 1 of 2 As of: 11/12/2010 Blue from American Express Issuer: American Express Centurion Bank Cardmember Name: Michael W Leitzel Credit Limit: $12 -(Cash Advance Limit: $3,900) Account Ending In: 31003 Rates and Fees'Table Interest Rates Annual Percentage Rate 1 2.24% (APR) for Purchases This.APR will vary with the market based on the Prime Rate. APR for Balance Transfers 12.24% for any'balance 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. i This APR will apply to your account if you: S 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 ttp•//www federalreserve govlcreditcard 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 I 4 How Rates and Fees Work Rates 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 + 8.99% 12.24% 0.0335% Balance Transfer Prime + 8.99% 12.24% 0.0335% 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 � AMERICgN EXPRESS 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 • limit on the amount you can withdraw from ATMs in your cash advance balance (including fees and • given period. The Credit Limit and Cash Advance interest) is not more than your Cash Advance Limit are shown on page 1 of Part 1 and on each Limit. billing statement. We may approve charges that cause your Account We may increase or reduce your Credit Limit and balance to go over your Credit Limit. If we do this, Cash Advance Limit. We may do so even if you pay we will not charge an overlimit fee. If we ask you to on time and your Account is not in default. promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we We are not responsible for any losses you incur if may do this include suspected fraud and our we do not authorize a charge. And we are not assessment of your creditworthiness. This may occur responsible if any merchant refuses to accept the even if the charge would not cause you to go over card. your Credit Limit and your Account is not in default. CMAEUACM0000102 Page 3 of 9 a _ About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also shows a Closing Date. The Each statement also states the time and manner by Closing Date is the last day of the billing period which you must make your payment for it to be covered by the statement. Each Closing Date is credited as of the same day it is received. For your about 30 days after the previous statement's Closing payment to be considered on time, we must receive Date. How to make payments Make payments to us in U.S. dollars with: your billing statement. If we receive it after that time, • a single check drawn on a U.S. bank, or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S. banking system, for example a money If your payment does not meet the above order, or requirements, there may be a delay in crediting your • an electronic payment that can be cleared through Account. This may result in late fees and additional the U.S. banking system. interest charges (see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that If your payment meets the above requirements, we will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it, as long as we receive it by the time disclosed in How we apply payments Your Account may have balances with different • After the Minimum Payment Due has been paid, and credits interest rates. For example, purchases may have a we apply your payments to the balance with the lower interest rate than cash advances. If your highest interest rate, and then to balances with Account has balances with different interest rates, lower interest rates. here is how we generally apply payments in a billing In most cases, we apply a credit to the same period: balance as the related charge. For example, we • We apply your payments, up to the Minimum apply a credit for a purchase to the purchase Payment Due, first to the balance with the lowest balance. We may apply payments and credits within interest rate, and then to balances with higher balances, and among balances with the same interest rates. interest rate, in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the highest of the following EXAMPLE. Minimum Payment Due three amounts: (1) 2% of the New Balance (excluding late fees on Assume that your New Balance is $3, 000, the statement); or interest is $29.57 (see the example on the next (2) interest charged on the statement plus 1% of page), and you have no late fees or amounts the New Balance (excluding late fees and past due. interest on the statement), not to exceed 4% of (1) 2% x $3,000 = $60.00 the New Balance; or (2) $29.57 + 1% x ($3,000 - $29.57) = $59.27 (3) $15. (3) $15.00 I Then we add late fees on the statement, round to The highest of the three amounts is $60.00. the nearest dollar, and add any amount past due. So the Minimum 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 i AMERICAN EJ(PRE55 0 ...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 ne statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions such as purchases and cash advances may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions) to figure interest For each day a DPR is in effect, we figure the daily charges for each balance. The total interest charged balance by: for a billing period is the sum of the interest charged taking the beginning balance for the day, on each balance. adding any new charges, Interest subtracting any payments or credits; and The interest charged for a balance in a billing period, making any appropriate adjustments. except for variations caused by rounding, equals: We add a new charge to a daily balance as of its • Average Daily Balance (ADB) x transaction date. • Daily Periodic Rate (DPR) x Beginning balance • number of days the DPR was in effect. For the first day of a billing period, the beginning ADB balance is the ending balance for the prior billing To get the ADB for a balance, we add up its daily period, including unpaid interest. For the rest of the balances. Then we divide the result by the number billing period, the beginning balance is the previous of days the DPR for that balance was in effect. If the day's daily balance plus an amount of interest equal daily balance is negative, we treat it as zero. to the previous day s daily balance multiplied by the DPR DPR for that balance. This method of figuring the A DPR is 1/365th of an APR, rounded to one ten- beginning balance results in daily compounding of thousandth of a percentage point. Your DPRs are interest. shown in How Rates and Fees Work on page 2 of When an interest rate changes, the new DPR may Part 1. come into effect during not just at the beginning of the billing period. When this happens, we will EXAMPLE: Calculating Interest create a new balance and apply the new DPR to it. Assume that you have a single interest rate of To get the beginning balance on the first day for this 15.99 %, your ADB is $2,250 and there are 30 i new balance, we multiply the previous day's daily days in the billing period. + balance by the old DPR and add the result to that 0 0 The DPR is 15.99/ * 365 days = 0.0438 ' day's daily balance. / Interest is $2,250 x 0.0438% x 30 days = $29.57 i Other methods 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 Joumal. 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 long published, we may take 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 ag ency 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, and If your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after • notify merchants that your Account has been a cancellation. If we do this, we may: cancelled or suspended. • reinstate any additional cards issued on your If we do any of these, you must still pay us for all Account, charges under the terms of this Agreement. charge you any applicable annual fees, and • charge you a fee 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 all reasona c os t s, in c l ud i ng attorneys' fe es, that we incur to c 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 any information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 AMERICAN EXPRESS c 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 ww w.americanexpress.com/communications About insurance products We or our affiliates may tell you about insurance and or another affiliate is the insurer or reinsurer. non - insurance products, services or features that Compensation may influence what products and may have a fee. One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products. The affiliate W may share information about you with our may be compensated for this. The insurance p affiliates so they can identify products that may products are not offered or sold by us or on our behalf. Our affiliates may get additional interest you. We may be compensated for this 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 occasion. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this Agreement with y 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 r scope of this Arbitration selected b the a consolidated in arbitration with claims brought ty p y r party electing it use 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 an y of the foregoing, and other p ersons jamsadr.com) or AAA (335 Madison Ave g g, 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 initial claims may be referred to an other claims, counterclaims, cross-claims and third- y y deemed invalid or unenforceable, then the party claims and claims based upon contract, arbitration organization that is mutually entire Arbitration provision (other than this tort, fraud and other intentional torts, statutes, agreed upon in writing by you and us, or to an sentence) shall not apply. regulations, common law and equity. Claim arbitration organization 5 arbitrator(s) Arbitration Procedures appointed pursuant to § 5 of the Federal also includes claims by or against any third This Arbitration provision is made pursuant to Arbitration Act, 9 U.S.C. §§ 1 -16, as it may be party using or providing any product, service amended (FAA), provided that any such transactions involving interstate commerce or benefit in connection with any account and shall be governed by the FAA. The (including, but not limited to, credit bureaus, organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration arbitration shall be governed by the applicable third parties who accept the card, third parties code, except that this Agreement shall apply if who use, provide or participate in fee -based subsection set forth below. there are any conflicts. The arbitrator shall or free benefit programs, enrollment services Significance of Arbitration apply applicable substantive law consistent and rewards programs, credit insurance IF ARBITRATION IS CHOSEN BY ANY with the FAA and applicable statutes of companies, debt collectors and all of their PARTY WITH RESPECT TO A CLAIM, limitations, shall honor claims of privilege agents, employees, directors and NEITHER YOU NOR WE WILL HAVE THE recognized at law, and, at the timely request representatives) if and only if, such third party RIGHT TO LITIGATE THAT CLAIM IN of either party, shall provide a brief written is a party in connection with the claim. The COURT OR HAVE A JURY TRIAL ON THAT explanation of the basis for the decision. The term claim is to be given the broadest CLAIM. FURTHER, YOU AND WE WILL arbitration proceeding shall not be governed possible meaning that will be enforced and NOT HAVE THE RIGHT TO PARTICIPATE by any federal or state rules of civil procedure includes, by way of example and without IN A REPRESENTATIVE CAPACITY OR AS or rules of evidence. Any party may request limitation, any claim, dispute or controversy A MEMBER OF ANY CLASS OF that the arbitrator expand the scope of that arises from or relates to (a) any of the CLAIMANTS PERTAINING TO ANY CLAIM discovery by doing so in writing and copying accounts created under any of the SUBJECT TO ARBITRATION. EXCEPT AS any other parties, who shall have 15 days to agreements, or any balances on any such SET FORTH BELOW, THE ARBITRATOR'S make objections. The arbitrator will notify the accounts, (b) advertisements, promotions or DECISION WILL BE FINAL AND BINDING. parties of his /her decision within 20 days of oral or written statements related to any such NOTE THAT OTHER RIGHTS THAT YOU any objecting party's submission. The accounts, goods or services financed under OR WE WOULD HAVE IF YOU WENT TO arbitrator shall take reasonable steps to any of the accounts or the terms of financing, COURT ALSO MAY NOT BE AVAILABLE IN preserve privacy. The arbitrator's award shall (c) the benefits and services related to ARBITRATION. be final and binding, except for any right of Cardmembership (including fee -based or free Restrictions on Arbitration appeal provided by the FAA; however, either benefit programs, enrollment services and IF EITHER PARTY ELECTS TO RESOLVE A party shall have 30 days to appeal that rewards programs), and (d) your application CLAIM BY ARBITRATION, THAT CLAIM decision by notifying the arbitration for any account. We shall not elect to use SHALL BE ARBITRATED ON AN organization and any other parties in writing. arbitration under this Arbitration provision for INDIVIDUAL BASIS. THERE SHALL BE NO continued on next page... CMAEUACM0000102 Page 8 of 9 • L:MER7t�W EXPRESS ...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 l you; decision, by majority vote, within 120 days of would have incurred if you had brought a appealing claim in the state or federal court closest to any legal proceeding r; you or us to collect a the a pp g party's written notice. Judgment 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, will consider i good faith making this Arbitration provision, except as otherwise Arbitration hearings you attend shall take s temporary advance of all hare of any arbitration fees. .part You wit your l not be provided in the Restrictions on Arbitration share place in the federal judicial district of your subsection, is deemed invalid or residence. assessed any arbitration fees in excess of 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 information: Y Y In your letter, give us the following We can apply any unpaid amount against our home state or within 100 miles of our • Account information: Your name and your credit limit. current mailing address, and the purchase account number. After we finish our investigation, one of two price must have been more than $50. • Dollar amount: The dollar amount of the things will happen: (Note: Neither of these are necessary if suspected error. If we made a mistake: You will not have to your purchase was based on an • Description of problem: If you think there is pay the amount in question or any interest advertisement we mailed to you, or if we an error on your bill, describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong and why you believe it is a If we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2. You must have used your credit card for question, along with applicable interest and the purchase. Purchases made with cash You must contact us: fees. We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due. We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3. You must not yet have fully paid for the automated payment is scheduled, if you owe. purchase. want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong, you must write to us within still dissatisfied with the purchase, contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing. You may call us, but if you do we are If you do so, we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill. We must tell you the El Paso TX 79998 -1535 in question. name of anyone to whom we reported you as While we investigate, the same rules apply to What Will Happen After We Receive Your delinquent, and we must let those the disputed amount as discussed above. Letter organizations know when the matter has After we finish our investigation, we will tell When we receive your letter, we must do two been settled between us. you our decision. At that point, if we think you things: If we do not follow all of the rules above, you owe an amount and you do not pay, we may 1. Within 30 days of receiving your letter, we do not have to pay the first $50 of the amount report you as delinquent. must tell you that we received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. CMAEUACM0000102 Page 9 of 9 R.- Blue from American Express'" p.1 /5 EXPRESS c MICHAEL W LEITZEL Closing Date 11/21/13 Account Ending ■1003 New Balance Membership Rewards® Points $13,215 Available and Pending as of 10 /31/13 Minimum Payment Due $1,314.00 2,536 For up to date point balance and full program Includes the past due amount of $991.00 details, visit membershiprewards.com Payment Due Date 12/16/13 Account Sum Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $13,035.75 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 +$0.00 Interest Charged +$179.51 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $13,215.26 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,314.00 example: l Credit Limit $12,800.00 Ifyou 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... pay about. Cash Advance Limit $0.00 - - -- - -- - - - - -i .. -- - - -- - - - - -- Available Cash $0.00 Onl the � —_- - - - - -- Y s Minimum Payment Due ; 22 years $30,744 Days in Billing Period: 30 If you would like information about credit counseling services, call 1 -888- 733 -4139. Customer Care O Seepage 2 for important information about your account. PaybyComputer americanexpress.com/pbc Your account is past due and overlimit. If you would like to Customer Care Pay by Phone receive e-mail alerts about payments, spending or fraud protection, 1- 888 -258 -3741 1 -800- 472 -9297 you can sign up at americanexpress.com /alerts. See Paget for additional information + Please fold on the perforation below, detach and return with your payment + ® Payment Coupon Pay by Computer Pay by Phone Account EndiM 1003 Do not staple or use paperclips amencanexpress.com /pbc 1- 800 - 472 -9297 Enter account number on all documents. Make check payable to American Express. IIIn��IIIIIII��iI��IIIInII�nII�IIIII�IIII�IIII�I�III��I�I��I MICHAEL W LEITZEL Payment Due Date 11031 DEERFIELD CMNS 12/16/13 SHIPPENSBURG PA 17257 -8553 New Balance $13,215.26 Minimum Payment Due $1,314.00 �iII�IIIIIIIIII" �I�IUIIIII�IIIII��II�IIIIII�III�I��III��III��I� AMERICAN EXPRESS $ ' ❑ Check here if your addressor Amount Enclosed phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK N) 07101 -1270 MICHAEL W LEITZEL Account Ending N1003 p 21 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that addressto be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bankand 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 dollarsand 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. Pleasedo 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 any time. 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, unlessthe check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We 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 dailycompounding of 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 dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Customer Care& Billing Inquiries 1- 888 - BLUE -741 Hearinglmpaired Website: americanexpress.com 1- 888 - 258 -3741 TTY: 1-800-221-9950 IN 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 Cash Advanceat ATMs Inquiries 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 BIII 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 i j { account automatically each month l _L I �_ - [- Z L -� T - - - — - Visit americanexpress.com /autopay City, State _1 1 today to enroll. Zip Code -1_ ._._ .. . i Area Code and Home Phone II Area Code and l J J I Work Phone _';.._ I _ ..1 For information on how we protect your -- - -- -- privacy and to set your communication Email ! and privacy choices, please visit www.americanexpress.com/privacy. • annERiCAN Blue from American Express"' p. 3/5 EXPRESS MICHAEL W LEITZEL Closing Date 11/21/13 Account EndinM1003 Fees Amount Total Fees for this Period $0.00 Interest Charged Amount 11 Interest Charge on Purchases $179.51 Total Interest C for this Period $1 79.51 2013 Fees and Interest Totals Year -to -Date Amount Total F in 20 _ $280.00 Total Interest in 2013 $1,863.23 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subjectto Charge From To Rate Interest Rate Purchases - Penalty APR 11/22/2012 27.24%(y) $3,863.26 $86.46 Purchases 05/22/2007 12.24%(v) $9,259.00 $93.05 Cash Advances 05/22/2007 25.24% (v) $0.00 $0.00 Total $779.51 (v) Variable Rate MICHAEL W LEITZEL Account EndingE1003 p.4 /5 AMERICAN Membership Rewards® p. 5/5 EXPRESS Monthly Statement and Program News G ^' Prepared for MICHAEL W LEITZEL Account Number 1M50193597 Questions About Your Account? Total Points Balance 2,536 f membershiprewards.com Points Earned this Period -12 1- 800 - AXP- EARN(297 -3276) International Collect: 305 - 816 -2799 Did You Know? Account Summary October 1, 2013 -October 31, 2013 Use Points For Your Charges Ope ning Po B 2,548 Use your Card for charges like travel, dining, groceries, and more, then go online and usethe Points Earned this Period -12 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 2,536 Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Points Transaction Detail October 1, 2013 - October 31,2013 Points Earnedthis Period Forfeited Points Points Activity On Bonus Points Due To Total Points Eligible Charges Awarded Late Payment Activity Per Card Blue 0 0 -12 -12 XXXX- XXXX )M 1003 10/2013 Total 0 0 -12 -12 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 Conditionsof 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. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'FILED -OFFICE THE PROTHONOTARY 2014 HAY .13 P 3 3; 05 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE'S'HERIFF American Express Centurion Bank vs. Michael Leitzel Case Number -2014-2320 SHERIFF'S RETURN OF SERVICE 05/01/2014 06:10 PM - Deputy Jason Kinsler, 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: Michael Leitzel at 26 Swartz Drive, Upper Mifflin, Newburg, PA 17240. SHERIFF COST: $73.20 May 02, 2014 (c) CountySuite Sheriff, Teleosofi, leo JASON +KINSLER, iPUTY SO ANSWERS, RONR ANDERSON, SHERIFF Our File No.: 372912 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff vs. MICHAEL LEITZEL A/K/A MICHAEL W LEITZEL Defendant FILE .. I L .. OFFiCE !! PROTHONOl4f 2014 SEP 11 A1-111 16 CUMBERLAND PENNSYLVAN COUNTY� ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-2320 Civil Term ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MICHAEL LEITZEL A/K/A MICHAEL W LEITZEL, in the default of an Answer, in the amount of $13,215.26 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from April 16, 2014 to June 30, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL 13,215.26 ( 0.00) 0.00 0.00 13,215.26 I certify that Defendant, MICHAEL LEITZEL A/ ICHAEL W LEITZEL, last known address is 11031 DEERFIELD CMNS SHIPPENS h , PA 17257. David J. Apothak sq. Attorney for Plaintiff s(41.()pci a)(75 abi moo 2� 310.q95 y�l�ct wa`k-6 Our File No.: 372912 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) ) Plaintiff ) NO.: 14-2320 Civil Term vs. ) ) MICHAEL LEITZEL A/KJA MICHAEL ) W LEITZEL Defendant ) Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff s intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apotha, sq. Attorney for Plaintiff Our File No.: 372912 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff AMERICAN EXPRESS CENTURION BANK vs. ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ) Plaintiff ) NO.: 14-2320 Civil Term MICHAEL LEITZEL A/K/A MICHAEL W LEITZEL Defendant ) ) ) ) Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 11031 DEERFIELD CMNS SHIPPENSBURG, PA 17257. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely -Dixon, Director of the Defense our inquiry indicated that the Defendant(s) is/are not in th Man mili ower Data Center has sent back ary. David J. Apothak r, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of : Jun -30-2014 05:12:02 AM SCRA 3.0 Status Report Pursuant to Servis.e-rn r bers C Relief Act Last Name: LEITZEL First Name: MICHAEL Middle Name: Active Duty Status As Of: Jun -30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA Na NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. rA Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reportirkg System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and SailorsCivil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rale. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.milffaq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: TAUCX2OFV0E0F70 AMF,R1CAN EXPRESS CENTURION BANK ) CCURT OF' ("X.W.IMON PLEAS ) CUM.BERLAND COUNTY vs. MICHAEL LEFZEI., A/K/A M1CFTAE1,W ..,EITZEL ) NO. '14-2320 Civil Term To: MICHAEL "LEUZE", AIK/A MICHAEL W LEATZEL 11031 DLI RFIELD CMNS SH1PPENSBURG, PA 1 7257 Date of Notice: June 16, 2014 IMPORTANT NOTICE YOU A.R.E IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR :BY i\ 11 AND FILE IN WREFING WI FH 'FLEE COURT YOUR DEFENSES OR. OWECTIONS TO 'f HE CLAIMS SFr FORTH AGAINST YOU. UNLESS YOU ACT WI! RIN TIEN DAYS FROM DIE DATE GE 'FITS NO 11(1' EUDGMINT MAY BE ENTERED .A.GA1NS'f YOU .WI EHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHT'S. YOU SHOULD 'LAKE, THIS PAPER To YOUR I..,AWYER AT ONCE, JF YOU DO 'N0'.1' HAVE A LAWYER, GO TO OR. 'FELEPHONE "FFIE. OFFICE SET FORTH BET OW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE M.A.Y BE ABLE TO PROV1DI Y0lJ WITH INFORMKFION ABOVI AGI N( MAY OFFER LEGM„ SERVICES TO ELIGIBLE PERSONS AT A REDUCED EN OR. NO FEE. CUMBERLAND COUNTY BAR. ASSOCIATION' 34 S. :BEDFORD ST. CARLISLE, PA 17013 717-249-3166 372912 DAVII) J. APOTTIAKER. FSQUIRE Apothalcer Sci MI P.C. A Law Firm 'Engaged in Dcbt Collection 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, N.I 08054-5496 (800) 672-0215 Attorney for Plaintiff A norney :ID:1138423 11 11 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL LEITZEL A/K/A MICHAEL W LEITZEL 11031 DEERFIELD CMS SHIPPENSBURG, PA 17257 ) COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) ) Plaintiff ) NO.: 14-2320 Civil Term vs. ) ) Civil Action MICHAEL LEITZEL A/K/A MICHAEL ) W LEITZEL ) Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X.X JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215