HomeMy WebLinkAbout14-3847 Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet Docket No:
Cumberland County I I q ,3� (-n
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court.
Commencement of Action:
S El Complaint ❑ Writ of Summons ❑ Petition
E E] Transfer from Another Jurisdiction E] Declaration of Taking
c Lead Plaintiff's Name: Lead Defendant's Name:
T American Express Bank, FSB Joseph Trout DBA JET Instrument Service
Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? Q Yes ❑ No
O (check one) ❑outside arbitration limits
N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes El No
A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire
❑ Check here if you have no attorney(are a Self-Represented [Pro Sel 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 Q Debt Collection:Credit Card I ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability _ ❑ Statutory Appeal:Other
S ❑ Product Liability(does not include
mass tort) El Employment Dispute:
E Discrimination
C ❑
Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board
T ❑ Other:
I ❑ Other: -
O MASS 'PORT
❑ Asbestos
N ❑ Tobacco L
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
Other: ❑ Ejectment [-j Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
❑ Legal ❑ Quiet Title ❑Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL NI
AMERICAN EXPRESS BANK, FSB NO U!
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
PLAINTIFF
VS.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE c'_- '
35 ROYAL DRIVEMU3
CARLISLE PA 17015 ,
DEFENDANT(S)
C
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in�&�olfowimcg_,
pages, you must take action within twenty(20) days after this Complaint and Notice is�erv , b
entering a written appearance, personally of 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
kA of
FILE NO. 10008481
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK, FSB NO.
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
PLAINTIFF
VS.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
DEFENDANT(S)
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda
puestas en las siguientes paginas,usted tienen que tomar accion dentro veinte(20)dias despues que
esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un
juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado
en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE
UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
FILE NO. 10008481
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK, FSB NO.
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
PLAINTIFF
vs.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
DEFENDANT(S)
COMPLAINT
1. The Plaintiff is American Express Bank FSB (hereafter"American Express") with a place
of business located at 4315 South 2700 West, Salt Lake City, UT 84184.
2. The Defendant, JOSEPH TROUT DBA JET INSTRUMENT SERVICE, is an adult
individual, residing at 35 ROYAL DRIVE, CARLISLE PA 17015, CUMBERLAND County.
3. At all relevant times, American Express Bank FSB was, and is, a federally
chartered bank.
4. At all relevant times, Defendant was the holder of an American Express card (the "Card")
that enabled Defendant to charge items to an American Express credit card Account(Account
Number) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the Account, and was
responsible for paying all amounts charged to the Account.
6. The Cardmember Agreement between Defendant and American Express (the
"Agreement")was provided to Defendant during the time period in which the Card was utilized
and maintained by Defendant, and therefore, Defendant assented to the terms and conditions
contained therein, and a true and correct copy of the Agreement is attached hereto, and
incorporated herein, as Exhibit "A".
7. 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 that, as the basic cardmember, Defendant is liable for all amounts
charged to the Account.
b. Defendant agreed to make the "Minimum Payment" (as that term is used in the
FILE NO. 10008481
Agreement) due each month, for charges on the account, by the payment due date
indicated on the monthly billing statements mailed by or on behalf of American Express.
A true and correct copy of a statement(s) reflecting the balance due is attached hereto,
incorporated herein and marked Exhibit "B".
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, Defendant would pay all reasonable
costs, 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.
8. Defendant used the Card to charge various items to the Account.
9. Plaintiff 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 Plaintiff.
Count 1 - Breach of Contract
10. American Express incorporates by reference the averments of paragraphs 1 through 9.
11. Defendant failed to make the minimum payment specified on the statements.
12. By reason of the foregoing, Defendant breached the Agreement with American Express.
13. As a result of the breach, Defendant is personally liable to American Express for the sum
of$12,175.80. See Exhibit "B" as previously identified and incorporated herein.
14. Despite due demand, Defendant has failed and refused to pay American Express the
amount required pursuant to the Card Member.Agreement as evidenced on the monthly
statements.
15. As a result of Defendant's failure to pay the amount that Defendant owes, American
Express referred its claim to outside attorneys for collection.
16. By reason of the foregoing, American Express is entitled to judgment against Defendant
for breach of contract in the sum of$12,175.80, plus costs.
FILE.NO. 10008481
WHEREFORE, American Express demands judgment against Defendant on Count 1 in the
sum of$12,175.80,plus costs.
Respectfully submitted,
Amy F. Doyle, Esquire
PA Supreme Court ID 87062
JAFFE &ASHER, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
FILE NO. 10008481
VERIFICATION
I verify the facts set forth in this Complaint are true and correct to the best of my
knowledge,information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa,C.S,. § 4904,relating to unsworn falsification to authorities.
I am an employee of American Express Bank,FSB,employed in the position of
ASSISTANT GUST OUAN and in my capacity as AQ—S1RTA`N 6%E) 9
C k iN
for American Express Bank, FSB, the Plaintiff in this matter, I am a`1hWe@ ake this
verification on their behalf.
Date: '
Name: rUCHIARD r T}
Title: �. , ,�h CJS MD:1 N O F;a?T)^
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
FILE NO. 10008481
EXHIBIT "A"
American Express
P.O.Box 981535
EI Paso,TX 79998
07/13/2011
Re: SimplyCash(SM)Business Card
For Account Ending In: 71007
Dear JOSEPH TROUT,
The following pages provide important information about your account referenced above. Please read these
materials and file them for safekeeping.
Thank you,
American Express Customer Service
996538 349991430613232 CMAEUREM0000111
This page intentionally left blank.
996538 349991430613232 CMAEUREM0000111
Re: SimplyCash(SM) Business Card
Account ending in: 71007 07/13/2011
Dear JOSEPH TROUT,
We d like to inform you that we re changing the overlimit fee, late payment fee, returned payment fee and the
minimum payment due.These changes are summarized below.
In an ongoing effort to be clear and transparent,we ve rewritten your Cardmember Agreement so it s easier to
use and understand.We ve enclosed your new Cardmember Agreement,where you can find information
about how your account works.
You can learn more about how to manage your card account and protect your credit with simple tips, advice,
and explanations by visiting www.open.com/smartcredit.
Important . -
The following is a summary of changes to your account terms. For more detailed information, please see the
reverse side of this letter.
Revised Terms,effective immediately
Overlimit Fee I None
Revised Terms,as of August 1,2011
Late Payment Fee Up to$35
Returned Payment Fee $35
Minimum Payment Due • Your Minimum Payment Due will be at least$35. However, it
will not exceed the New Balance shown on the statement.
• If your New Balance on a statement exceeds your credit limit,
we will add 1/24th of the overlimit amount to your Minimum
Payment Due.
Thank you for your Cardmembership.We look forward to continuing to serve you.
Sincerely,
American Express
See reverse side for important information.
996538 349991430613232 CMAEUREM0000111
Notice of Changes to the Enclosed Cardmember Agreement
The terms of your Account are subject to change in accordance with the American Express Cardmember
Agreement("Agreement')governing your Account referenced in or with this notice.Any language in the
enclosed Agreement contrary to or conflicting with terms amended herein is replaced fully and completely.All
terms of that Agreement not amended herein remain in full force and effect. These changes apply to existing
balances and future balances on your Account.We urge you and any Additional Cardmembers on your
Account to read this notice carefully and file it along with your Agreement in a safe place for future reference.
Overlimit Fee
We no longer charge Overlimit Fees. However,exceeding your Credit Limit may result in a Penalty APR.
Accordingly,effective immediately,the description of how the Overlimit Fee works on Page 2 of Part 1 of the
enclosed Cardmember Agreement is deleted and replaced with the following:
"None. However, exceeding your Credit Limit may result in a Penalty APR. See When the penalty APR
will apply above."
Late Payment Fee
On August 1, 2011,we are changing how your Late Fee is calculated.Accordingly, effective August 1,2011,
the Late Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and
replaced with"Up to$35".Also effective August 1,2011,the description of how the Late Payment Fee works
on Page 2 is deleted and replaced with the following:
"Up to$35. If we do not receive the Minimum Payment Due by its Payment Due Date,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 When the penalty APR will apply above."
Returned Payment Fee
On August 1,2011,we are reducing your Returned Payment Fee to$35.Accordingly,effective August 1,
2011,the Returned Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is
deleted and replaced with"$35".Also effective August 1,2011,the description of how the Returned Payment
Fee works on Page 2 is deleted and replaced with the following:
"$35 if your payment is returned unpaid the first time we present it to your bank.A returned payment may
also result in a Penalty APR. See When the penalty APR will apply above."
Minimum Payment Due
On August 1,2011,we are changing how your Minimum Payment Due is calculated.Accordingly,effective
August 1,2011,the How we calculate your Minimum Payment Due section in Part 2 of the enclosed
Cardmember Agreement is deleted and replaced with the following:
"To calculate the Minimum Payment Due for each statement,we start with the highest of the following
three amounts:
(1)2%of the New Balance(excluding any overlimit amount and late fees on the statement); or
(2)interest charged on the statement plus 1%of the New Balance(excluding any overlimit amount, late
fees and interest on the statement), not to exceed 4%of the New Balance; or
(3)$35.
Then we add any late fees shown on the statement and 1/24th of any overlimit amount, round to the
nearest dollar, and add any amount past due.
However,your Minimum Payment Due will not exceed your New Balance.
EXAMPLE:Minimum Payment Due
Assume that your New Balance is$3,000, interest is$29.57(see the example on the next page), and you
have no overlimit amount, late fees or amounts past due.
(1) 2%x$3,000=$60.00
(2) $29.57+ 1%x($3,000-$29.57) _$59.27
(3) $35.00
The highest of the three amounts is$60.00.
So the Minimum Payment Due is$60.00.❑
Also effective August 1,2011,the dollar amount shown in the last paragraph of Adjusting your Minimum
Payment Due is deleted and replaced with"$210"and the second paragraph is deleted and replaced with the
following:
"To adjust the Minimum Payment Due,we will not exclude late fees and the overlimit amount from(1), nor
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 add 1/24th of the overlimit amount or any new late fees
in the Minimum Payment Due."
996538 349991430613232 CMAEUREM0000111
Reorder Cardmember Agreement: Part 1 of 2 As of: 07/13/2011
SimplyCash(SM) Business Card Company Name: JET INSTRUMENT SERV
Issuer:American Express Bank, FSB Cardmember Name: JOSEPH TROUT
Credit Limit: $11,000(Cash Advance Limit: $2,200) Account Ending In: 71007
Rates and Fees Table
Interest Rates
Annual Percentage Rate 19.24% (Prime Rate+ 15.99%)
(APR)for Purchases
This APR will vary based on the Prime Rate.
APR for Cash Advances 21.24% (Prime Rate+ 17.99%)
This APR will vary based on the Prime Rate.
Penalty APR and When it 27.24% (Prime Rate+23.99%)
Applies This APR will vary based on the Prime Rate.
This APR will apply to all balances on your account if:
1) make a payment that is returned;
2) make 2 late payments in 12 months; or
3) go over your credit limit 3 times in 12 months.
How Long Will the Penalty APR Apply? If the Penalty APR is applied for any of
these reasons, it will apply, subject to applicable law, for at least 12 billing periods in a
row. In addition, the Penalty APR will continue to apply until after you have made
timely payments, with no returned payments and without going over your credit limit,
for 12 billing periods in a row.
Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge
you interest on purchases if you pay your entire balance by the due date each month. We
will begin charging interest on cash advances on the transaction date.
Annual Membership Fee None
Transaction Fees
•Cash Advance Either$5 or 3% of the amount of each cash advance, whichever is greater.
• Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
• Late Payment $19 if balance is less than $400;$38 if balance is$400 or more.
• Returned Payment $38
• Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). Seethe How we
calculate interest section in Part 2.
349991430613232 CMAEUAOT0000012 996538 Page 1 of 4
How Rates and Fees Work
Calculating The Annual Percentage Rate(APR)for variable rates is determined by adding an amount(margin)to the
APRs and DPRs 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+ 15.99% 19.24% 0.0527%
Cash Advance Prime+ 17.99% 21.24% 0.0582%
Penalty Prime+23.99% 27.24% 0.0746%
When the penalty APR The Penalty APR will apply to all balances on your account if:
will apply • you do not pay at least the Minimum Payment Due by its Payment Due Date 2 times in 12 billing
periods,
• you exceed your Credit Limit 3 times in 12 billing periods,or
• your payment is returned by your bank.
How long the penalty The penalty APR will apply until after you have made timely payments,with no returned payments and
APR will apply without going over your credit limit, for 12 billing periods in a row.
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 If we do not receive the Minimum Payment Due by
its Payment Due Date,we will charge you a late If the Previous Balance is: The late fee is:
fee. The amount of the late fee depends on the less than$400 $19
Previous Balance shown on the billing statement $400 or more $38
showing the late fee. Paying late may also result in
a Penalty APR. See When the penalty APR will
apply above.
Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank.A returned payment may
also result in a Penalty APR. See When the penalty APR will apply above.
Returned Check $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. However,exceeding your Credit Limit may result in a Penalty APR. See When the penalty APR
will apply above.
Balance Transfer The fee will be stated in a promotional offer or at the time of a transaction. This fee is a finance charge.
We will add it to the same balance as the balance transfer.
Cash Advance 3%of the withdrawal and other services you obtain(including any fee charged by the ATM operator),
with a minimum of$5.We will add this fee to the cash advance balance.
Foreign Transaction 2.7%of the converted U.S.dollar amount.This fee is a finance charge. See Part 2 for Converting
charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
349991430613232 CMAEUAOT0000012 996538 Page 2 of 4
Supplement to the Cardmember Agreement
How Your Reward Program Works
SimplyCash®
How you earn a rebate You earn a rebate for eligible purchases on your Eligible purchases are purchases for goods
American Express SimplyCash®Business Credit and services minus returns and other credits.
Card (Card Account).The rebate is based on a Eligible purchases do NOT include:
percentage of the eligible purchases you make • fees or interest charges,
during a calendar year. • balance transfers,
You will earn a rebate of 5%on eligible • cash advances,
purchases made in the U.S. from wireless ' purchases of traveler s checks,
telephone service providers and office supply ' purchases or reloading of reloadable prepaid
specialty retailers. However, instead of 5%, you cards,or
•
will earn a rebate of 1%for eligible purchases at: purchases of any cash equivalents.
• wireless telephone service providers in excess You will NOT receive a rebate of 3%or 5%if a
of$12,000 in any calendar year. merchant does not submit the purchase using
• office supply specialty retailers in excess of the correct industry or merchant code.A
$12,000 in any calendar year. merchant with more than one location may
• superstores or warehouse clubs. submit purchases using different codes.This
means that purchases at some locations
You will earn 3%on eligible purchases of would receive a higher rebate,while
automobile gasoline at stand-alone gas stations purchases at other locations of the same
in the U.S. However, instead of 3%,you will earn merchant would receive a lower or no rebate.
a rebate of 1%for:
• automobile gasoline purchases over$12,000 in
any calendar year.
• automobile gasoline purchases at superstores
or warehouse clubs.
• any individual purchase of gasoline over
75 gallons(or its cash equivalent).
You will earn a rebate of 1%on all other eligible
purchases.
How you will get You will receive your rebate as a statement credit. The rebate will appear on the second billing
your rebate statement after the billing statement on which the eligible purchases appear.
When you will forfeit If the Minimum Payment Due is not paid by the You will forfeit your rebate if your Card
your rebate Closing Date of the billing period in which it is Account is cancelled before we issue the
due, you will forfeit the rebate earned during that credit.
billing period.
Other things you should know You may forfeit some or all of the rebate you If there is a dispute with any of your
about this program have earned for items that are not purchased for purchases,the amount of that purchase will
use or consumption by the Company in its not count toward your rebate until the dispute
ordinary course of business. is resolved.
We may change the terms of this program at our If a credit to your Card Account places your
discretion. annual eligible purchases in a negative status,
If you violate or abuse this program, you may the rebate on your billing statement will show
forfeit the rebate. a zero balance. The statement will show a
zero balance until you accumulate eligible
purchases equal to the negative balance.
349991430613232 CMAEUPSP0000218 Page 3 of 4
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349991430613232 CMAEUPSP0000218 Page 4 of 4
27608
Notice of Changes to the Enclosed Cardmember Agreement
The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement("Agreement')
governing your Account referenced in or with this notice.Any language in the enclosed Agreement contrary to or conflicting with terms
amended herein is replaced fully and completely.All terms of that Agreement not amended herein remain in full force and effect.These
changes apply to existing balances and future balances on your Account.We urge you and any Additional Cardmembers on your
Account to read this notice carefully and file it along with your Agreement in a safe place for future reference.
Late Payment Fee
On August 1,2011,we are changing how your Late Fee is calculated.Accordingly,effective August 1,2011,the Late Payment Fee
shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and replaced with"Up to$35".Also effective August 1,
2011, the description of how the Late Payment Fee works on Page 2 is deleted and replaced with the following:
"Up to$35. If we do not receive the Minimum Payment Due by its Payment Due Date,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 When the penalty APR will apply above."
Returned Payment Fee
On August 1,2011,we are reducing your Returned Payment Fee to$35.Accordingly,effective August 1,2011,the Returned Payment
Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and replaced with"$35".Also effective August 1,
2011,the description of how the Returned Payment Fee works on Page 2 is deleted and replaced with the following:
135 if your payment is returned unpaid the first time we present it to your bank.A returned payment may also result in a Penalty
APR. See When the penalty APR will apply above."
Minimum Payment Due
On August 1, 2011,we are changing how your Minimum Payment Due is calculated.Accordingly, effective August 1, 2011,the How we
calculate your Minimum Payment Due section in Part 2 of the enclosed Cardmember Agreement is deleted and replaced with the
following:
"To calculate the Minimum Payment Due for each statement,we start with the highest of the following three amounts:
(1)2%of the New Balance(excluding any overlimit amount and late fees on the statement); or
(2)interest charged on the statement plus 1%of the New Balance(excluding any overlimit amount, late fees and interest on the
statement), not to exceed 4%of the New Balance; or
(3)$35.
Then we add any late fees shown on the statement and 1/24th of any overlimit amount, round to the nearest dollar, and add any
amount past due.
However,your Minimum Payment Due will not exceed your New Balance.
EXAMPLE.Minimum Payment Due
Assume that your New Balance is$3,000, interest is$29.57(see the example on the next page), and you have no overlimit
amount, late fees or amounts past due.
(1) 2%x$3,000=$60.00
(2) $29.57+ 1%x($3,000-$29.57) _$59.27
(3) $35.00
The highest of the three amounts is$60.00.
So the Minimum Payment Due is$60.00.❑
Also effective August 1, 2011,the dollar amount shown in the last paragraph of Adjusting your Minimum Payment Due is deleted and
replaced with"$210"and the second paragraph is deleted and replaced with the following:
"To adjust the Minimum Payment Due,we will not exclude late fees and the overlimit amount from(1), nor 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 add 1/24th of the overlimit amount or any new late fees in the Minimum Payment Due."
SimplyCash Rebate Program
Your SimplyCash rebate program is changing after your first year of Cardmembership.Accordingly, until the billing period that
begins on or immediately after your first renewal date,the How you receive a reward section of How Your Reward Program Works
is replaced with the following:
"You earn a rebate for eligible purchases on your American Express SimplyCash®Business Credit Card(Card Account).
You will earn a rebate of 5%on eligible purchases made in the U.S.for:
•wireless telephone service,
•office supplies and equipment,and
•stand-alone gas stations for automobile gasoline(not exceeding 75 gallons or its cash equivalent).
You will earn a rebate of 1%on:
•eligible purchases at superstores and warehouse clubs, and
•all other eligible purchases.
CMAEUDFY1000105
Eligible purchases means purchases for goods and services minus returns and other credits. Eligible purchases do NOT include:
•fees or interest charges,
•balance transfers,
•cash advances,
•purchases of traveler s checks,
•purchases or reloading of reloadable prepaid cards, or
•purchases of any cash equivalents.
You will only receive a rebate of 5%, if any, for eligible purchases described above if a merchant submits your purchase using the
correct industry or merchant code that we designate. If it does not, your eligible purchases will only earn a rebate of 1%.A merchant
with more than one location may submit purchases using different codes. This means that purchases at some locations would receive
a higher rebate,while purchases at other locations of the same merchant would receive a lower rebate."
CMAEUDFY1000105
FDR 996538 Cardmember Agreement: Part 2 of 2 Doc 27311
How your American Express Account Works
Introduction
About your This document together with Part 1 make up the When you or an Additional Cardmember,as defined
Cardmember Agreement Cardmember Agreement(Agreement)for the Account below,use the Account(or sign or keep a card),you and
identified on page 1 of Part 1.Any supplements or the Additional Cardmember agree to the terms of the
amendments are also part of the Agreement. Agreement.
Words we use in We, us,and our mean the issuer shown on page 1 of Account,such as purchases,cash advances,balance
the Agreement Part 1.Except as provided below,Basic Cardmember transfers,fees and interest charges.A purchase is a
means the person who applied for this Account or to charge for goods or services.A cash advance is a charge
whom we address billing statements. Company means to get cash or cash equivalents.Abalance transfer is a
the business for which the Account is established. charge to pay an amount you owe on another credit card
You and your mean the Basic Cardmember and the account.
Company.You agree,jointly and severally,to be bound To pay by a certain date means to send your payment
by the terms of this Agreement. so that we receive it and credit it to your Account by that
Card means any card or other device that we issue to date(see About your payments on page 2 of Part 2).
access the Account.A charge is any amount added to the
Additional At your request,we may issue cards to Additional You must tell Additional Cardmembers that:
Cardmembers Cardmembers.They do not have accounts with us but • we may obtain,provide and use information about them.
they can use your Account subject to the terms of this • their use of the Account is subject to this Agreement.
Agreement. You authorize us to give Additional Cardmembers
You are responsible for all use of the Account by information about the Account and to discuss it with
Additional Cardmembers and anyone they allow to use them.
the Account.You must pay for all charges they make. If you want to cancel an Additional Cardmember's right
You must share this agreement with all Additional to use your Account(and cancel their card)you must
Cardmembers. tell us.
Replacement Basic You must tell us if the Basic Cardmember is no longer an obligations and liabilities of the Basic Cardmember
Cardmember employee or officer of the Company or does not want to under this Agreement,as of the date that such person
be the Basic Cardmember.In that case,you must either replaces the Basic Cardmember.That person is subject
close the Account,or propose another person to replace to our approval.
the Basic Cardmember. You agree that the Basic Cardmember remains the Basic
If you propose another person to replace the Basic Cardmember until we approve a replacement or the
Cardmember,that person must agree to assume the Account is closed.
About using your card
Using the card Cards may be used for purchases.At our discretion, intervals.We may(but are not required to)tell these
we may permit you to make cash advances or balance merchants about the Account status or changes to the
transfers.You cannot transfer balances from any applicable card number or expiration date.You must
other account issued by us and/or our affiliates.Each notify the merchants directly if you want them to stop
Cardmember acknowledges and agrees that cards are charging the Account.
intended to be used for the Company's commercial or Keep the cards safe.Do not let anyone use them.If a
business purposes. card is lost or stolen or the Account is being used without
You,or any Additional Cardmembers,may arrange for permission,contact us right away.The Account may not
certain merchants to charge the Account at regular be used for illegal activities.
Promise to pay You promise to pay all charges,including: • charges that Additional Cardmembers make or permit
• charges you make,even if you do not present your card others to make.
or sign for the transaction, Additional Cardmembers agree to be personally liable
• charges that other people make,whether or not you or for charges made using their card.We may seek pay-
an Additional Cardmember intend to let them use the ment from them for charges made on their card if neither
Account,subject to applicable law,and the Company nor the Basic Cardmember pay us.
Credit limit and cash We assign a Credit Limit to the Account.We may make You agree to manage the Account so that:
advance limit part of the Credit Limit available for cash advances the Account balance(including fees and interest)is not
(Cash Advance Limit).There may also be a limit on the more than the Credit Limit,and
amount you can withdraw from ATMs in a given period. the cash advance balance(including fees and interest)
The Credit Limit and Cash Advance Limit are shown on is not more than the Cash Advance Limit.
page 1 of Part 1 and on each billing statement. We may approve charges that cause the Account
We may increase or reduce the Credit Limit and Cash balance to go over the Credit Limit.If we do this,we may
Advance Limit.We may do so even if you pay on time charge a fee and assess a penalty APR.If we ask you to
and the Account is not in default. promptly pay the amount of the Account balance above
the Credit Limit,you agree to do so.
Page 1 of 10
Declined transactions We may decline to authorize a charge.Reasons we may We are not responsible for any losses you or any
do this include suspected fraud and our assessment of Additional Cardmembers incur if we do not authorize
your creditworthiness.This may occur even if the charge a charge.And we are not responsible if any merchant
would not cause you to go over your Credit Limit and refuses to accept the card.
your Account is not in default.
About your payments
When you must pay You must pay at least the Minimum Payment Due by least the Minimum Payment Due in such time and
the Payment Due Date.The Minimum Payment Due and manner by the Payment Due Date shown on your billing
Payment Due Date are shown on each billing statement. statement.
Each statement also states the time and manner Each statement also shows a Closing Date.The
by which you must make your payment for it to be Closing Date is the last day of the billing period covered
credited as of the same day it is received.For your by the statement.Each Closing Date is about 30 days
payment to be considered on time,we must receive at after the previous statement's Closing Date.
How to make payments Make payments to us in U.S.dollars with: statement. If we receive it after that time,we will credit
• a single check drawn on a U.S.bank,or the payment on the day after we receive it.
• a single negotiable instrument clearable through the If your payment does not meet the above requirements,
U.S.banking system,for example a money order,or there may be a delay in crediting the Account.This may
• an electronic payment that can be cleared through the result in late fees and additional interest charges(see
U.S.banking system. How Rates and Fees Work on page 2 of Part 1).
When making a payment by mail: If we decide to accept a payment made in a foreign
• make a separate payment for each Account, currency,we will choose a rate to convert your payment
• mail your payment to the address shown on the into U.S.dollars,unless the law requires us to use a
payment coupon on the billing statement,and particular rate.
• write the Account number on your check or negotiable
instrument and include the payment coupon. If we process a late payment,a partial payment,or a
If your payment meets the above requirements,we will
payment marked with any restrictive language,that will credit it to the Account as of the day we receive it,as have no effect on our rights and will not change thisAgreement.
long as we receive it by the time disclosed in the billing
How we apply The Account may have balances with different interest In most cases,we apply a credit to the same balance
payments and credits rates.For example,purchases may have a lower interest as the related charge.For example,we apply a credit
rate than cash advances.If the Account has balances for a purchase to the purchase balance.We may apply
with different interest rates,we apply your payments first payments and credits within balances,and among
to the balance with the lowest interest rate,and then to balances with the same interest rate,in any order we
balances with higher interest rates. choose.
About your Minimum Payment Due
e
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due statement,we start with the highest of the following
three amounts: EXAMPLE:Minimum Payment Due
(1)2%of the New Balance(excluding late fees and
overlimit fees on the statement);or Assume that your New Balance is$3,000,interest is
(2)interest charged on the statement plus 1%of the $29,57(see the example on the next page),and you
New Balance(excluding late fees,overlimit fees and have no late fees,overlimit fees or amounts past due.
interest on the statement),not to exceed 4%of the
New Balance;or (1) 2%x$3,000=$60.00
(3)$15. (2) $29.57+ 1%x($3,000-$29.57)_$59.27
Then we add late fees and overlimit fees on the (3) $15.00
statement,round to the nearest dollar,and add any The highest of the three amounts is$60.00.
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 billing
Minimum Payment Due 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.
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.
Version 996538 Page 2 of 10
About interest charges
When we Charge We charge interest beginning on the date of each transaction.You can avoid paying interest on purchases as
interest described below.However,you cannot avoid paying interest on cash advances and balance transfers.
If you pay the New Balance on every statement by If you do not pay the New Balance on a statement by the
the Payment Due Date,we will not charge interest on Payment Due Date and then you pay the New Balance
purchases. on each of the next two statements by their Payment
If you do not pay the New Balance on a statement by the Due Dates,we will not charge interest on purchases on
Payment Due Date and then you pay the New Balance the following statement.
on the next statement by the Payment Due Date,we will Also,we will not charge interest on purchases on a
not charge interest on purchases from the date of your statement if the Previous Balance on that statement is
payment to the Closing Date of the billing period in which zero or a credit balance.
you made that payment. But we will charge interest on
purchases from the beginning of that billing period until
the date of your payment.
How we calculate interest We calculate interest for a billing period by first calculating 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(including Daily Balance
new transactions)to calculate interest charges for each For each day a DPR is in effect,we calculate the daily
balance.The total interest charged for a billing period is balance by:
the sum of the interest charged on each balance. taking the beginning balance for the day,
Interest adding any new charges,
The interest charged for a balance in a billing period, subtracting any payments or credits;and
except for variations caused by rounding,equals: making any appropriate adjustments.
• Average Daily Balance(ADB)x We add a new charge to a daily balance as of its
• Daily Periodic Rate(DPR)x transaction date.
• number of days the DPR was in effect. Beginning balance
ADB For the first day of a billing period,the beginning balance
To get the ADB for a balance,we add up its daily is the ending balance for the prior billing period,including
balances.Then we divide the result by the number of unpaid interest.For the rest of the billing period,the
days the DPR for that balance was in effect. If the daily beginning balance is the previous day's daily balance
balance is negative,we treat it as zero. plus an amount of interest equal to the previous day's
DPR daily balance multiplied by the DPR for that balance.
A DPR is 11365th of an APR,rounded to one ten- This method of calculating the beginning balance results
thousandth of a percentage point.Your DPRs are shown in daily compounding of interest.
in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes,the new DPR may come
into effect during—not just at the beginning of—the
billing period.When this happens,we will create a
EXAMPLE:Calculating Interest new balance and apply the new DPR to it.To get the
beginning balance on the first day for this new balance,
Assume that you have a single interest rate of we multiply the previous day's daily balance by the old
15.99%,your ADB is$2,250 and there are 30 days in DPR and add the result to that day's daily balance.
the billing period. Other methods
The DPR is 15.99%=365 days=0.0438% To calculate the ADB and interest charges,we may
The Interest is$2,250 x 0.0438%x 30 days=$29.57 use other formulas or methods that produce equivalent
results.Also,we may choose not to charge interest on
certain types of charges.
Determining the We use the Prime Rate from the Money Rates section Prime Rate from any other newspaper of general
Prime Rate (or successor section)of The Wall Street Journal.The circulation in New York,New York.Or we may choose to
Prime Rate for each billing period is the Prime Rate use a similar published rate.
published in The Wall Street Journal days before the If the Prime Rate increases,variable APRs(and
Closing Date of the billing period. corresponding DPRs)will increase.In that case,you
The Wall Street Journal may not publish the Prime Rate may pay more interest and may have a higher Minimum
on that day. If it does not,we will use the Prime Rate Payment Due.When the Prime Rate changes,the
from the previous day it was published. If The Wall resulting changes to variable APRs take effect as of the
Street Journal is no longer published,we may use the first day of the billing period.
Version 996538 Page 3 of 10
Other important information
Changing the We may change the terms of,or add new terms to,this This written Agreement is a final expression of the
Agreement Agreement.We may apply any changed or new terms to agreement governing the Account.The written
any existing and future balances on the Account,subject Agreement may not be contradicted by any alleged oral
to applicable law. agreement.
Converting charges made If you make a charge in a foreign currency,we will government agency or the highest interbank rate
in a foreign currency convert it into U.S.dollars on the date we or our we identify from customary banking sources on the
agents process it.Unless a particular rate is required conversion date or the prior business day.This rate may
by law,we will choose a conversion rate that is differ from rates that are in effect on the date of your
acceptable to us for that date.The rate we use is no charge.We will bill charges converted by establishments
more than the highest official rate published by a (such as airlines)at the rates they use.
Changing your You must notify us immediately if you change the: If you have more than one account,you need to notify us
billing address mailing address to which we send billing statements. separately for each account.
• email address to which we send notice that the We may update your billing address if we receive
billing statement is available online. information that it has changed or is incorrect.
• telephone and fax numbers.
• legal entity of the Company.
• tax identification number.
Closing your Account You may instruct us to close the Account by calling us or The Basic Cardmember and the Company remain jointly
writing to us.The Basic Cardmember agrees to inform and severally liable for all Charges made on the Account.
the Company prior to instructing us to do so.
Cancelling or We may: We may do any of these things at our discretion,even if
suspending your Account cancel the Account. you pay on time and the Account is not in default.
• suspend the ability to make charges. If the Account is cancelled,you must destroy all cards.
• cancel or suspend any feature on the Account.
• notify merchants that the Account has been We may agree to reinstate the Account after a
cancelled or suspended. cancellation.If we do this,we may:
• reinstate any cards,including additional cards.
If any of these,you must still pay us for all charge you any applicable fees,including annual fees.
charges
under the terms of this Agreement. • charge you a fee for reinstating the Account.
About default We may consider your Account to be in default if: If we consider the Account in default,we may:
• you violate a provision of this Agreement, suspend the ability to make charges.
• you give us false information, cancel or suspend any feature on the Account.
• you file for bankruptcy, cancel the Account and require you to pay the Account
• you default under another agreement you have with us balance immediately.
or an affiliate, • require you to pay more than your Minimum Payment
• you become incapacitated or die,or Due immediately.
• we believe you are unable or unwilling to pay your
debts when due.
Collection costs You agree to pay all reasonable costs,including attorneys'fees,that we incur to collect amounts you owe or to
protect ourselves from loss,harm or risk relating to default.
Credit reports You agree that we may obtain credit reports about credit reporting agency if you fail to comply with any term
you(and,subject to applicable law,any Additional of this Agreement.This may have a negative impact on
Cardmembers),investigate your and any Additional your or any Additional Cardmember's credit report.
Cardmembers'ability to pay,and obtain information If you believe information we have given to a credit
about you and any Additional Cardmembers from reporting agency is incorrect,write to us at:American
other sources.And you agree that we may use such Express Credit Bureau Unit,P.O.Box 981537,EI Paso,
information for any purposes,subject to applicable law. TX 79998-1537.When you write to us,tell us the specific
You agree that we may give information about the information you believe is incorrect.
Account to credit reporting agencies.We may tell a
Sending you notices We mail you notices through the U.S.mail,postage prepaid,and address them to you at the latest billing address
shown on our records.Any notice that we send you this way is deemed to be given when deposited in the U.S.
mail.Additionally,we may mail notices and information to Additional Cardmembers at their request.
We may contact you From time to time,we may contact you and any to ensure the quality of customer service or when it is
Additional Cardmembers about topics ranging from required by law.
servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us.
owe.We may monitor and record phone calls between To do this,call us at 1-800-297-8378 or log on to
you(or any Additional Cardmembers)and us.We do this www.americanexpress.com/communications
Version 996538 Page 4 of 10
About insurance products We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer.
non-insurance products,services or features that may Compensation may influence what products and
have a fee.One of our affiliates may act on behalf providers we or our affiliates tell you about.
of a provider of these products.The affiliate may be We may share information about you with our affiliates
compensated for this.The insurance products are not so they can identify products that may interest you.We
offered or sold by us or on our behalf.Our affiliates may may be compensated for this information.
get additional compensation when Amex Assurance
How we handle When you pay us by check,you authorize us to If we do this,your payment may be deducted from your
electronic debits from electronically deduct the amount from your bank or other bank or other asset account on the same day we receive
your checking account asset account. your check.Also,you will not receive that cancelled
We may process the check electronically by transmitting check with your bank or asset account billing statement.
to your financial institution: If we cannot collect the funds electronically,we may
• the amount, issue a draft against your bank or other asset account
• the routing number, for the amount of the check.
• the account number,and
• the check seriat number.
ExpressPay Cards issued on the Account may be equipped with ExpressPay.ExpressPay enables you to make charges without
having the card swiped or imprinted.You can call us to deactivate ExpressPay at any time.Also,we may deactivate
ExpressPay at any time.
Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute.When you or Additional Cardmembers 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.
Change the benefits We have the right to add,modify or delete any benefit,service,or feature of the Account at our discretion.
Assigning the We may sell,transfer or assign this Agreement and the Account.We may do so at any time without notifying you.
Agreement You may not sell,assign or transfer the Account or any of your obligations under this Agreement.
Assigning claims If you dispute a charge with a merchant,we may credit the Account for all or part of the disputed charge.If we do
so,you assign and transfer to us all rights and claims(excluding tort claims)against the merchant.You and any
Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount.And you and
any Additional Cardmembers must cooperate with us if we decide to do so.
We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our
Our rights rights to exercise or enforce them on any other occasion.
Governing law Utah law and federal law govern this Agreement and the Account.They govern without regard to internal principles
of conflicts of law.We are located in Utah.We hold the Account in Utah.We entered into this Agreement with you in
Utah.
Version 996538 Page 5 of 10
Arbitration
This Arbitration provision sets forth the circum- electing to use arbitration.If our selection of Arbitration Procedures
stances and procedures under which claims may either of these organizations is unacceptable to This Arbitration provision is made pursuant to
be arbitrated instead of litigated in court. you,you may select the other organization within transactions involving interstate commerce and
Definitions 30 days after you receive notice of our selection. shall be governed by the FAA.The arbitration
As used in this Arbitration provision,the term For a copy of the code,to file a claim or for other shall be governed by the applicable code,except
claim means any claim,dispute or controversy information,contact either JAMS(1920 Main St that this Agreement shall apply if there are any
between you and us arising from or relating to #300, Irvine,CA 92614 or jamsadr.com)or AAA conflicts.The arbitrator shall apply applicable
your Account,this Agreement,the Electronic (335 Madison Ave,New York,NY 10017 or adr. substantive law consistent with the FAA and ap-
Funds Transfer Services Agreement,and org)- plicable statutes of limitations,shall honor claims
any other related or prior agreement that you In addition to the organizations listed above, of privilege recognized at law,and,at the timely
may have had with us,or the relationships claims may be referred to any other arbitration request of either party,shall provide a brief
resulting from any of the above agreements, organization that is mutually agreed upon written explanation of the basis for the decision.
except for the validity,enforceability or scope in writing by you and us,or to an arbitration The arbitration proceeding shall not be governed
of this Arbitration provision.For purposes of organization or arbitrator(s)appointed pursuant by any federal or state rules of civil procedure
this Arbitration provision,you and us also to§5 of the Federal Arbitration Act,9 U.S.C. or rules of evidence.Any party may request that
includes any corporate parent,or wholly or §§1-16,as it may be amended(FAA),provided the arbitrator expand the scope of discovery by
majority owned subsidiaries,affiliates,any that any such organization and arbitrator(s) doing so in writing and copying any other par-
licensees,predecessors,successors,assigns, will enforce the terms of the Restrictions on ties,who shall have 15 days to make objections.
any purchaser of any accounts,all agents, Arbitration subsection set forth below. The arbitrator will notify the parties of his/her
employees,directors and representatives of an decision within 20 days of any objecting party's
Y
of the foregoing,and other persons referred to Significance of Arbitration submission.The arbitrator shall take reason-
below in the definition of claims.Claim includes IF ARBITRATION IS CHOSEN BY ANY PARTY able steps to preserve privacy.The arbitrator's
claims of every kind and nature,including but WITH RESPECT TO A CLAIM, NEITHER award shall be final and binding,except for any
YOU NOR WE WILL HAVE THE RIGHT TO right of appeal provided by the FAA;however,
not limited to,initial claims,counterclaims,cross- LITIGATE THAT CLAIM IN COURT OR HAVE either party shall have 30 days to appeal that
claims and third-party claims and claims based A JURY TRIAL ON THAT CLAIM.FURTHER,
upon contract,tort,fraud and other intentional decision by notifying the arbitration organization
torts,statutes,regulations,common law and YOU AND WE WILL NOT HAVE THE RIGHT and any other parties in writing.The organization
TO PARTICIPATE INA REPRESENTATIVE will then appoint a three-arbitrator
equity.Claim also includes claims by or against CAPACITY OR ASA MEMBER OF ANY CLASS pp panel which
any third party using
connection
or providing any product, shall consider anew any aspect of the decision
service or benefit ion with any account OF CLAIMANTS PERTAINING TO ANY CLAIM objected to by the appealing party.The panel
(including,but not limited to,credit bureaus, SUBJECT TO ARBITRATION.EXCEPT AS shall issue its decision,by majority vote,within
third parties who accept the card,third parties SET FORTH BELOW,THE ARBITRATOR'S 120 days of the appealing party's written notice.
who use,provide c participate in fee-based or DECISION WILL BE FINALAND BINDING. Judgment upon any award rendered by the
NOTE THAT OTHER RIGHTS THAT YOU arbitrator oranel ma be entered in an court
free benefit programs,enrollment services and OR WE WOULD HAVE IF YOU WENT TO p y Y
rewards programs,credit insurance companies, having jurisdiction.
agents, COURT ALSO MAY NOT BE AVAILABLE IN
debt collectors and all of their a
9 ARBITRATION. Location of Arbitration
employees,directors and representatives)if and Arbitration hearings you attend shall take place
only if,such third party is a party in connection Restrictions on Arbitration in the federal judicial district of your residence.
with the claim.The term claim is to be given the IF EITHER PARTY ELECTS TO RESOLVE payment of Fees
broadest possible meaning that will be enforced A CLAIM BY ARBITRATION,THAT CLAIM
and includes,by way of example and without SHALL BE ARBITRATED ON AN INDIVIDUAL You will be responsible for paying your share,
limitation,any claim,dispute or controversy BASIS. THERE SHALL BE NO RIGHT OR if any,of the arbitration fees(including filing,
that arises from or relates to(a)any of the AUTHORITY FOR ANY CLAIMS TO BE administrative,hearing and/or other fees),but
accounts created under any of the agreements, ARBITRATED ON A CLASS ACTION BASIS OR only up to the amount of the filing fees you
or any balances on any such accounts,(b) ON BASES INVOLVING CLAIMS BROUGHT would have incurred if you had brought a claim
advertisements,promotions or oral or written INA PURPORTED REPRESENTATIVE in the state or federal court closest to your billing
statements related to any such accounts,goods CAPACITY ON BEHALF OF THE GENERAL address that would have had jurisdiction.We will
or services financed under any of the accounts PUBLIC,OTHER CARDMEMBERS OR OTHER be responsible for any additional arbitration fees.
or the terms of financing,(c)the benefits and PERSONS SIMILARLY SITUATED.The At your written request,we will consider in good
services related to Cardmembership(including arbitrator's authority to resolve claims is limited faith making a temporary advance of all or part
fee-based or free benefit programs,enrollment to claims between you and us alone,and the of your share of any arbitration fees.You will not
services and rewards programs),and(d)your arbitrator's authority to make awards is limited to be assessed any arbitration fees in excess of
application for any account.We shall not elect awards to you and us alone.Furthermore,claims Your share if you do not prevail in any arbitration
to use arbitration under this Arbitration provision brought by you against us,or by us against you, with us.
for any claim that you properly file and pursue in may not be joined or consolidated in arbitration Continuation
a small claims court of your state or municipality with claims brought by or against someone This Arbitration provision shall survive
so long as the claim is individual and pending other than you,unless agreed to in writing by termination of your Account;voluntary payment
only in that court, all parties. No arbitration award or decision of the Account balance in full by you,any legal
will have any preclusive effect as to issues or proceeding by you or us to collect a debt owed
Initiation of Arbitration claims in any dispute with anyone who is not a by the other;any bankruptcy by you or us;and
Any claim shall be resolved,upon the election named party to the arbitration.Notwithstanding any sale by us of your Account(in the case
by you or us,by arbitration pursuant to this any other provision of this Agreement(including of a sale,its terms shall apply to the buyer of
Arbitration provision and the code of procedures but not limited to the Continuation subsection your Account).If any portion of this Arbitration
of the arbitration organization to which the claim below)and without waiving either party's right provision,except as otherwise provided in the
is referred in effect at the time the claim is filed to appeal such decision,should an
(code),except to the extent the code conflicts pp Y Portion of Restrictions on Arbitration subsection,is deemed
with this Agreement.Claims shall be referred this Restrictions on Arbitration subsection be invalid or unenforceable,it shall not invalidate
to either JAMS or the American Arbitration deemed invalid or unenforceable,then the entire the remaining portions of this provision.
Association(AAA),as selected by the party Arbitration provision(other than this sentence)
shall not apply.
AMERIfAN
Version 996538 Page 6 of 10 ® E�RE55
Your Agreement for Transferring Funds Electronically
This EFTAgreement is between American Improper transactions or payments If we have credited your bank account and find
Express Travel Related Services Company, If we do not complete a transfer to or from your no error,we will tell you when we will withdraw
Inc.and you,once you enroll in an Electronic bank account on time or in the correct amount, that amount from your bank account again.You
Funds Transfer Service of ours(service)such as according to this EFT Agreement,we will be authorize us to withdraw this amount from your
AutoPay,Pay By Computer,or Pay By Phone. liable for your losses or damages. bank account. If your bank account does not
This replaces any previous agreement you may There are some exceptions.We are not liable: have enough funds to cover this withdrawal,we
have with us for the services. if,through no fault of ours,you do not have can charge the amount to your card account or
Words we use in this agreement enough money in your bank account; collect the amount from you. If this happens,we
In this EFT Agreement,you and your mean, if the transfer would go over the credit limit on may cancel your right to use a service.
in addition to the Basic Cardmember,any any overdraft line you may have; We may end the services
Additional Cardmembers who have enrolled in if the funds in your bank account were subject We may extend or limit the services at any
the service. We, our,and us mean American to legal process or other encumbrance that location without telling you ahead of time.Also,
Express Travel Related Services Company, restricted the transaction; we may stop a service at any time.
Inc.Your card account means the American if circumstances beyond our control(such as We may cancel your participation in a service
Express card account.Your bank is the bank, fire or flood)prevented the transaction,despite at any time. If we do,we will write to you,but
securities firm,or other financial institution that our reasonable precautions;or we may not send you the notice until after we
holds your bank account.Your bank account is if the terminal or system was not working cancel.Also,we may refuse to authorize a
the consumer bank account you use to pay for properly and you knew about the breakdown transaction at our discretion.
any transactions you make through the service. when you started the transfer.
Withdraw or withdrawal means an electronic Privacy We will end or suspend use of a service if:
debit or deduction of funds from your bank We will disclose information to third parties you do not use it for 18 months in a row,
account.Our business days are Monday through about your transactions: your card account is in default,
Friday,excluding holidays. • when necessary for completing transactions; your card account is cancelled or suspended,
AutoPay,Pa B Computer,Pa B Phone to comply with government agency or court you cancel the authorization you-gave your
y y p y y p y g 9 y bank to pay for any transactions you make
With these services,you can initiate electronic orders;or through the service,or
payments to your card account.When you do as stated in our Privacy Notice,which covers your bank account is closed to withdrawals by
so,you allow us or our agent to draw a check your use of the services. us or our agents.
on or initiate an automated clearing house Arbitration
(ACI-0 withdrawal from your bank account in the The Arbitration section,in Part 2 of the You may choose to stop using any service.
amount you authorize. Cardmember Agreement,applies to this EFT If you do,you must write to us at:American
If your bank returns a check orACH withdrawal Agreement and the services. Express,Electronic Funds Services,P.O.Box
981531,EI Paso,TX 79998-1531.
unpaid the first time we submit it for payment,
In case of errors or questions
we may cancel your right to use the service. If you think your statement or receipt is wrong, Assignment
Your bank may charge you a fee if this happens. or if you need more information about a We may assign this EFT Agreement to a
Hous to contact us about the services transaction on your statement or receipt,call subsidiary or affiliate at any time.
You can call us at 1-800-IPAY-AXP for Pay By or write us as soon as you can.We must hear Note for Massachusetts residents
Phone and Pay By Computer questions,and from you no later than 60 days after we sent the General disclosure statement:Any
at 1-800-CASH-NOW for Express Cash and FIRST statement on which the problem or error documentation given to you which shows that
ic
AutoPay questions.You may also write to us at appeared. If you do not contact us because of an electronfunds transfer was made will a
American Express,Electronic Funds Services, certain circumstances(such as you are in the admissible is evidence of that transfer and will
P.O.Box 981531,EI Paso,TX 79998-1531. hospital),we may extend the 60-day period for a constitute prima facie proof that the transfer was
How to stop AutoPay payments reasonable time.When you contact us: made.
If you have told us to make AutoPay payments ' tell us your name and account number.
from your bank account,you can stop any of describe the error or the transaction you are Except as explained in this EFT Agreement,if
re about.Explain as clearly as you can you initiate an electronic funds transfer from
these payments by calling us at 1-800-227-4669 unsu
or writing to us at American Express,Electronic why you believe it is an error or why you need your bank account,you cannot stop payment of
Funds Services,P.O.Box 981540,EI Paso, more information. the transfer.
TX 79998-1540 in time for us to receive your tell us the amount of the suspected error. Unless otherwise provided in
request at least 3 business days before the If you tell us orally,we may require that you send this EFT agreement,you may not
payment is scheduled to be made.We will tell us your complaint or question in writing within
you,at least 10 days before each payment, 10 business days after you called us.Within 10 stop payment of electronic funds
when it will be made and how much it will be. business days after we hear from you we will transfers.Therefore, do not use
If we receive your request to stop one of these determine whether an error has occurred.We electronic transfers for purchases
payments at least 3 business days before the will correct any error promptly.However,if we or service unless you are satisfied
payment is scheduled to be made and we do need more time,we may take up to 45 calendar that you will not need to stop
not stop it,we will be liable for your losses or days to investigate.If we do take more time,we
damages. will credit your bank account within 10 business payment.
Unauthorized transactions days(of the day we decide we need more time) Disclosure of bank account information
Tell us AT ONCE if you believe that a transaction for the amount you think is in error so that you to third parties: If you give us your written
has been made without your permission using will have use of the funds during the time it takes authorization to disclose information about you,
your card or information about your card to complete our investigation. your bank account,or the transactions that
account.Calling is the best way of keeping If we ask you to put your complaint or question you make to any person,that authorization will
your possible losses down.You could lose all in writing and we do not receive it within 10 automatically expire 45 days after we receive it.
the money in your bank account(plus your business days,we may not credit your bank Optional limit on obtaining cash:You can
maximum overdraft line of credit,if applicable). account for the amount you question. ask us to limit the total amount of cash that you
Call anytime at 1-800-528-4800(or 1-336-393- We will tell you the results within 3 business may get from ATMs in a single day to$50. If you
1111 collect,if not in the U.S.).You may also days after completing our investigation. If we choose this option,we will take all reasonable
write to us at American Express,Electronic decide that there was no error,we will send you steps to comply with your request.
Funds Services,P.O.Box 981532,EI Paso,TX a written explanation.You may ask for copies of
79998-1532. the documents that we used in our investigation.
Version 996538 Page 7 of 10
Billing Dispute Procedure
What To Do If You Find a Mistake on Your What Will Happen After We Receive Your After we finish our investigation,one of two
Statement Letter things will happen:
If you think there is an error on your statement, When we receive your letter,we will do two If we made a mistake:You will not have to pay
write to us at: things: the amount in question or any interest or other
American Express 1. Within 30 days of receiving your letter,we will fees related to that amount.
PO Box 981535 tell you that we received your letter.We will If we do not believe there was a mistake:You
EI Paso TX 79998-1535 also tell you if we have already corrected the will have to pay the amount in question,along
In your letter,give us the following information: error. with applicable interest and fees.We will
• Account information:Your name and account 2.Within 90 days of receiving your letter,we will send you a statement of the amount you owe
number. either correct the error or explain to you why and the date payment is due.We may then
• Dollar amount.-The dollar amount of the we believe the bill is correct. report you as delinquent if you do not pay the
suspected error. While we investigate whether or not there has amount we think you owe.
• Description of problem:If you think there is an been an error: If you receive our explanation but still believe
error on your bill,describe what you believe is We will not try to collect the amount in your bill is wrong,you must write to us within
wrong and why you believe it is a mistake. question,nor report you as delinquent on that 10 days telling us that you still refuse to pay. If
You must contact us: amount. you do so,we will not report you as delinquent
• Within 60 days after the error appeared on The charge in question may remain on your without also reporting that you are questioning
your statement. statement,and we may continue to charge your bill.We will tell you the name of anyone
• At least 3 business days before an automated you interest on that amount. to whom we reported you as delinquent,and
payment is scheduled,if you want to stop While you do not have to pay the amount we will let those organizations know when the
payment on the amount you think is wrong. in question,you are responsible for the matter has been settled between us.
remainder of your balance. If we do not follow all of the rules above,you do
You must notify us of any potential errors in We can apply any unpaid amount against your not have to pay the first$50 of the amount you
writing.You may call us,but if you do we are not credit limit.
required to investigate any potential errors and question even if your bill is correct.
you may have to pay the amount in question.
Version 996538 Page 8 of 10
This page intentionally left blank.
Version 996538 Page 9 of 10
An Important Notice Concerning Cardmember Privacy
This Privacy Notice is addressed to United States holders of personal American Express®Charge Cards or accounts,
Optima®Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business
charge and credit cards from OPEN from American Express. This Notice explains how we collect, use and safeguard
information about you and how to limit the use and disclosure of your information.
In this Notice, "American Express,""we,""our,"and "us" refer to American Express Travel Related Services Company,
Inc.,American Express Centurion Bank and American Express Bank, FSB. These entities are"Affiliates" of each other,
which are companies in the American Express family that are related to each other by common ownership or control.
Our Affiliates also include publishers, travelers cheques issuers, travel agents and providers of Card-related insurance
services. The cards and accounts that we issue are called "Cards"or"Card accounts." Holders of those Card accounts
are called "Cardmembers" or"you(r)."
What Information Do We Collect? Your Choices
We obtain information about you from a variety of sources. Please let us know if you do not want us to use your
You provide us with information about yourself, for Cardmember Information to communicate with you about
example, by completing Card applications. This includes offers, including exclusive partner offers and offers from our
your name, address, social security number, and income Affiliates, by mail, telephone and/or e-mail, or share your
and asset information. Your use of the Card and your credit-related information with our Affiliates, by visiting us
other transactions with us and our Affiliates provide us with at:
additional information, such as your spending and payment www.americanexgress.com/communications.
history. Other sources, such as credit reporting agencies You can also inform us of your choices (except for e-mail
and providers of marketing information, furnish us with communications) by calling us at 1-800-297-8378. If you
additional information about your credit history, purchasing make these choices, you may not learn about products,
preferences, and other matters. We also obtain information services and features, including discounts and other
about you in connection with our efforts to protect against special offers, we believe may be of interest to you and add
fraud. We call all of this information "Cardmember value to your Card membership.
Information."
What Do We Do with Cardmember Information? If you have other Card accounts with us, you will receive
We use Cardmember Information in connection with additional privacy notices that apply to those accounts.
delivering products and services to you. To do this it is Please note that any choices you make will only apply
often necessary to share it with our Affiliates and other to this account.
companies we work with. These include companies that If you are the primary Cardmember on your Card account,
manage Card accounts, offer affinity, frequent-user, and any choices you make in accordance with this Notice
reward programs, companies that perform marketing will also apply to any other Cardmember on this account
services and other business operations for us, and (except for e-mail communications). If you make choices
companies whose products or services are provided not to receive offers as indicated above, we may still
as a benefit of your Card account. We may also share include notices and information about the Card and other
Cardmember Information with other financial institutions products and services when communicating with you about
with whom we jointly offer products and services.And we your Card account and related products and services.
may disclose it to other third parties as permitted by law. Information Security
For example, we disclose Cardmember Information in We use reasonable administrative, technical and
response to subpoenas, to credit reporting agencies, and physical security measures to protect your Cardmember
to help prevent fraud. Information.
Information We Share with Our Affiliates Former Customers
You can inform us not to share with ourAffiliates credit- If you cancel your Card, or your Card account(s)
related information (except as permitted by law), such are closed, we will continue to treat and safeguard
as your credit history as shown on a consumer report. If Cardmember Information about you as described in this
you make this choice,we are permitted by law to share Notice.
with our Affiliates information about our transactions and
experiences with you, such as your payment history. For Vermont Cardmembers Only
Valuable Partner Offers If your Card account has a Vermont billing address, we will
automatically treat your account as if you had informed
We work with carefully selected business partners, such as us not to share your credit-related information with our
merchants that accept the Card, so that you may receive Affiliates.
offers for their products and services. We use Cardmember
Information to help make these offers more relevant and
valuable to you. If you respond to one of these offers, the
business partner will know certain information about you,
such as your name, that you are a Cardmember, and that
you met the qualifications established for the offer. You can
inform us not to send you these offers.
Version 996538 Page 10 of 10
EXHIBIT `B"
SimplyCash® Business Credit Card P. 1/9
RESS JET INSTRUMENT SERV ®SM
JOSEPH E TROUT
Closing Date 04/24/14 Account Ending 1-73003
New Balance Get cash back for eligible
$12,175.80 purchases when you use the
Minimum Payment Due $2,173.00 Card.
Includes the past due amount of$2,014.00
Payment Due Date 05/19/14 Account Summary
Late Payment Warning:If we do not receive your Minimum Payment Due by Previous Balance $12,175.80
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 +$0.00
Minimum Payment Warning: If you make only the minimum payment each period, New Balance $12,175.80
you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $2,173.00
example:
Credit Limit $11,000.00
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 I
Minimum Payment Due i 22 years $28,070 Days in Billing Period: 30
If you would like information about credit counseling services,call 1-888-733-4139. Customer Care
RSee page 2 for important information about your account. Pay by Computer
open.com/pbc
Q 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, 1-800-521-6121 1-800-472-9297
you can sign up at americanexpress.com/alerts. see page 2for additional information.
See Page 5 for an important Privacy Notice and the following pages
for important notices about Billing Dispute Procedures, Electronic Fund
Transfer Error Resolution and a notice for WA residents.
Continued on Page 3
+ Pleasefold on the perforation below,detach and return with your payment +
®Payment Coupon �PaybyComputer �PaybyPhone Account Ending 1-73003
Do not staple or use paper clips open.com/pbc 1-800-472-9297 Enter account number on all documents.
Make check payable to American Express.
JOSEPH E TROUT Payment Due Date
JET INSTRUMENT SERV 05/19/14
DO NOT CHANGE New Balance
35 ROYAL DR $12,175.80
CARLISLE PA 17015-9566
Minimum Payment Due
$2,173.00
I���I�I�111�1�1���1�1�1�111111'I"�I�'�I���"I'lllll'��11111111'�
AMERICAN EXPRESS $ •
F-1
Check here byour address or P.O.BOX 1270 Amount Enclosed
Notecha changer es
has changed. NEWARK NJ 07101-1270
Note changes on reverse side.
0000349991430613232 001217580000217300 21 H
JOSEPH E TROUT Account Ending 1-73003 p.2/9
Payments:Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m.local time at that address to
be credited as of the day it is received. Payments we receive after 5 p.m.will not be credited to your Account until the next day. Payments must also:
(1)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.
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 yourfinancial institution,unless the check is not processable electronically or a less costly process is available.When we
process your check electronically,your payment may be withdrawn from your deposit or other assetaccount as soon as the same day we receive your
check,and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issue a
draft against your deposit or other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other electronic
payment service of ours,you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you
request. Payments using such services of ours received after 8:00 p.m.MST may not be credited until the next day.
How We 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 calculate the ADB and interest results in dailycompoundingof interest.
Paying Interest:Your due date is at least 25 days after the Closing Date of each billing period.We will not charge you interest on your purchases if you
paythe 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 chargea 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$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 1-800-521-6121 Hearinglmpaired Website:americanexpress.com
InternationalCollect 1-623-492-7719 TTY:1-800-221-9950 im Mobile Site:arnexmobile.com
Large Print&Braille Statements 1-800-521-6121 FAX:1-800-69S-9090
Cash Advance at ATMs Inquiries 1-800-CASH-NOW In NY:1-800-522-1897 Customer Care
&Billing Inquiries Payments
P.O.BOX 981535 P.O.BOX 1270
EL PASO,TX NEWARK NJ
79998-1535 07101-1270
Change of 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.
NMERICAN SimplyCash® Business Credit Card .
EXPRESS JET INSTRUMENT SERV p 3/9SMJOSEPH E TROUT
Closing Date 04/24/14 Account Ending 1-73003
O This statement is for information purposes only.This is not a bill.Please
contact your collections agency for account information. Disregard the
Minimum Payment Due,your account is in default and the balance is due
in full.
Fees
Amount
Total Fees for this Period
$0.00
Interest Charged
Amount
Total Interest Charged for this Period $0.00
2014 Fees and Interest Totals Year-to-Date
Total Fees in 2014 Amount
$105.00
Total Interest in 2014
— - ----- ..--
$786.15
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
Annual Balance5ubject Interest
Percentage Rate to Interest Rate Charge
Purchases 27.24%(v) $0.00 $0.00
Cash Advances 27.24%(v) $0.00 $0.00
Total
(v)Variable Rate $0.00
JOSEPH E TROUT Account Ending 1-73003 p.4/9
i SimplyCash° Business Credit Cd .
AMEN R�yIW� ar
.E)�RESS JET INSTRUMENT SERV sM p. 5/9
t JOSEPH E TROUT
Closing Date 04/24/14 Account Ending 1-73003
Rev.9/2012
WHAT DOES AMERICAN EXPRESS DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some but not all sharing. Federal law also requires us to tell you how
we collect, share, and protect your personal information. Please read this notice carefully to
understand what we do.
mm The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
• Social Security number and income
• transaction history and account history
_ • insurance claim history and credit history
All financial companies need to share customers'personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their customers'
personal information;the reasons American Express chooses to share; and whether you can limit
this sharing.
,�. T+ • M'1w'7��i'E( • it
For our everyday business purposes— a
rY Y p p
such as to process your transactions, maintain your account(s),
respond to court orders and legal investigations, or report to Yes No
credit bureaus
For our marketing purposes— No(but please see the"To limit
to offer our products and services to you Yes direct marketing"box below for additional privacy choices)
For joint marketing with other financial companies Yes No
For our affiliates'everyday business purposes—
information about your transactions and experiences Yes No
For our affiliates'everyday business purposes—
information about your creditworthiness Yes Yes
[For
ur affiliates to market to you Yes Yes
No
onaffiliates to market to you (although we may We don't share personal
share aggregated or information
de-identified data)
• Visit us online:www.americanexpress.com/communications or
• Call us at 1-855-297-7748-our menu will prompt you through your choices
E Please note:
.�� If you are a new customer,we can begin sharing your personal information 30 days from the date
we sent this notice.When you are no longer our customer, we continue to share your personal
information as described in this notice.
However, you can contact us at any time to limit our sharing.
We provide additional privacy choices to customers. Privacy elections you make for any one
product or service may not automatically be applied to other products and services. To let us know
f if you do not want us to use your personal information to communicate with you about offers by
r. mail,telephone, and/or e-mail:
• Visit us online:www.americanexDress.com/communications or
• Call us at 1-855-297-7748 (except for choices about e-mail communications)
Call 1-800-528-4800 or go to amencanexpress.com/contact.
Page 1 of 2
S1344 BP/PRVOLN D/0414
JOSEPH E TROUT Account Ending 1-73003 p.6/9
Who is providing American Express Travel Related Services Company, Inc. and other American Express
this notice? Affiliates that provide financial products or services, including American Express
Centurion Bank,American Express Bank, FSB, and AMEX Assurance Company.
How does American To protect your personal information from unauthorized access and use,we use security
Express protect my measures that comply with federal law.These measures include computer safeguards
personal information? and secured files and buildings.
We collect your personal information,for example,when you
How does American • open an account or pay your bills
Express collect my • give us your income information or give us your contact information
personal information? • use your credit card
We also collect your personal information from others, such as credit bureaus, affiliates, or
other companies.
Federal law gives you the right to limit only
• sharing for affiliates'everyday business purposes—information about your
Why can't I limit all creditworthiness
sharing of personal . affiliates from using your information to market to you
information? • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.See
below for more on your rights under state law.
What happens when I
limit sharing for an Your choices will apply to everyone on your account.
account I hold jointly
with someone else?
Companies related by common ownership or control. They can be financial and nonfinancial
companies.
Affiliates . Our affiliates include companies with the American Express name, including financial companies
such as American Express Travel Related Services Company, Inc. and nonfinancial companies
such as American Express Publishing.Affiliates may also include other companies related by
common ownership or control, such as Serve Virtual Enterprises, Inc. and AMEX Assurance
Company, a provider of American Express Card-related insurance services.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial
companies.
• Nona>filiates with which we share personal information include service providers, including, for
example, direct marketers,that perform services or functions on our behalf.
Joint A formal agreement between nonaffiliated companies that together market financial products or
marketing services to you.
• Our joint marketing partners include financial companies.
• W11511=1 RATMOT21"In
We may transfer personal information to other countries,for example, for customer service or to process
transactions.
AMEX Assurance Company customers:You may have the right to access and correct recorded personal
information. Personal information may be disclosed by us to detect fraud or misrepresentation,to verify insurance
coverage,to an insurance regulatory authority, law enforcement or other governmental authority pursuant to law, or
to a group policyholder for purposes of reporting claims experience or conducting an audit. Personal information
related to insurance claim activity obtained from a report prepared by an insurance-support organization on our
behalf may be retained by such organization and disclosed as required by law. State law may be more protective
than federal law.
California: If your American Express account has a California billing address,we will not share your personal
information except to the extent permitted under California law.
Vermont: If your American Express account has a Vermont billing address,we will automatically treat your account
as if you have directed us not to share information about your creditworthiness with our affiliates.
Page 2 of 2
S1344 BP/PRVOLN D/0414
AMERICAN SimplyCash® Business Credit Card SM p 7/9
EXPRESS JET INSTRUMENT SERV
JOSEPH E TROUT
Closing Date 04/24/14 Account Ending 1-73003
Billing Dispute Procedures
What To Do If You Find a Mistake on Your Statement
If you think there is an error on your statement,write to us at:
American Express
PO Box 981535
EI Paso TX 79998-1535
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount. The dollar amount of the suspected error.
• Description of problem: Describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your statement.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the
amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we may not follow these
procedures and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter,we will do two things:
1. Within 30 days of receiving your letter, we will tell you that we received your letter. We will also tell you if
we have already corrected the error.
2. We will investigate your inquiry and will either correct the error or explain to you why we believe the bill is
correct.
While we investigate whether or not there has been an error:
• We will not try to collect the amount in question.
• The charge in question may remain on your statement,and we may continue to charge you interest on
that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your
balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or any interest or other fees
related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount in question, along with
applicable interest and fees. We will send you a statement of the amount you owe and the'date payment
is due. Ale may report you as delinquent if you do not pay the amount we think you owe.
S1344 BP/PRVOLN D/0414
JOSEPH E TROUT Account Ending 1-73003 P.8/9
Annual EFT Error Resolution Notice
This notice is to inform you about how you should notify us of errors or questions regarding any electronic
payments from a consumer bank account you make to American Express using Pay By Phone, Pay By
Computer, or any other American Express electronic payment service.
In case of errors or questions about your Electronic Transfers, please contact us as soon as you can if you
think your statement or receipt is wrong or if you need more information about a transfer listed on the
statement or receipt.You can call us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for
Pay By Computer questions, and at 1-800-528-4800 for AutoPay questions.You may also write to us at
American Express, Electronic Funds Services, P.O. Box 981531, EI Paso, TX 79998-1531, or contact us
online at www.americanexpress.com/inquirycenter. We must hear from you no later than 60 days after we
sent the FIRST statement on which the problem or error appeared or question arose.
When you contact us, please provide the following information:
(1)Your name and card account number.
(2) Description of the error or the transfer you are unsure about. Explain as clearly as you can why you
believe it is an error or why you need more information.
(3) The dollar amount of the suspected error.
If you notify us by phone, we may require that you send us your complaint or question in writing within 10
business days of the call.
We will determine whether an error occurred within 10 business days and will correct any error promptly. If we
need more time, however,we may take up to 45 days to investigate your complaint or question. If we decide
to do this, we will credit your consumer bank account within 10 business days for the amount you think is in
error, so that you will have the use of the money during the time it takes us to complete our investigation. If
we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we
may not credit your account.
For errors involving point-of-sale or foreign-initiated transactions,we may take up to 90 days to investigate
your complaint or question.
We will tell you the results within three business days after completing our investigation. If we decide that
there was no error, we will send you a written explanation. You may ask for copies of the documents that we
used in our investigation.
If we have credited your bank account and there was no error,we will tell you when we will withdraw that
amount from your bank account again. You authorize us to withdraw this amount from your bank account. If
your bank account does not have enough funds to cover this withdrawal, we can charge the amount to your
card account or collect the amount from you. If this happens, we may cancel your right to use our electronic
transfer services.
Notice for residents of Washington State
In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for
payment of interest charges that result solely from a merchant's failure to transmit to us within seven working
days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's
delay in posting such credit, or our failure to post such credit to your account within three working days of our
receipt of the credit.
S1344 BP/PRVO LN D/0414
LIMERICAN
-TCN OPEN Savin s° Summary P.9/9
EXPRESS JET INSTRUMENT RV
JOSEPH E TROUT
Closing Date 04/24/14 Account Ending 1-73003
Discounts
This Period $0.00
Year to Date $0.00
Remember,you can get up to 10%discounts on eligible purchases with OPEN Savings® partners.
Visit opensavings.com to learn more.
Discounts will be applied in the form of a statement credit.For full terms and conditions go to opensavings.com.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
LE3 O FiCE.
Q,�rxtn of Cul i! THE PROTHO O 4F h i
2014 JUL 31 tati 10-: 3 e
CUMBERLAND �
SVANA
()FTC; OFTNE $FSSRIFF
American Express Bank FSB
vs.
Joseph Trout d/b/a Jet Instrument Service
Case Number
2014-3847
SHERIFF'S RETURN OF SERVICE
07/18/2014 07:05 PM - Deputy Dawn Kell, 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: Joseph Trout d/b/a Jet Instrument Service at 35 Royal Drive, West Pennsboro, Carlisle, PA 17015.
DAWN KELL, DEPUTY
SHERIFF COST: $48.34 SO ANSWERS,
July 21, 2014 RON�R ANDERSON, SHERIFF
(c) C,ountySuite Sheriff, Teleosoft. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03847 CIVIL
Plaintiff/Petitioner17..-, 5
-1 -pp 0-1 i-:,
VS. Ci1i"r1
JOSEPH TROUT DBA JET INSTRUMENT SERVICE T— c ,
Defendant(s)/Respondent(s) -< �r... "-'1
r- z cry.
7' C') 4
PRAECIPE FOR JUDGMENT ? vim_ . • - .{,
Please enter Judgment in favor of Plaintiff and against Defendant, JOSEPH TROUT DILA JE1
INSTRUMENT SERVICE, for failure to answer the Complaint.
(X) Amount due $12,175.80
TOTAL $12,175.80, plus costs and statutory interest from the date of Judgment.
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be
due in the complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that
a copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent ion to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered, and to
his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date
of the filing of this praecipe and a copy of the notice is attached.
DATE: '1L`
Amy F. Ioyiee,, Esquire
PA Supreme Court ID 87062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
NOW, L. .009, 2014, JUDGMENT ISE E S UE.eop
;�:'
Prothonotary/Clerk'; .ixii'biii v
BY:
Deputy
C.k-f#1o8o3
Nbtce ftlaJeJ P-44 310w
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03847 CIVIL
Plaintiff/Petitioner
vs.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Defendant(s)/Respondent(s)
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
The undersigned counsel, being duly sworn according to law, depose and say that I am the
Attorney for the Plaintiff in the above -captioned matter, and that to the best of my knowledge,
information and belief, Defendant JOSEPH TROUT DBA JET INSTRUMENT SERVICE, above-
named, is over 21 years of age; is last known to reside at 35 ROYAL DRIVE, CARLISLE PA 17015,
County of CUMBERLAND, State of Pennsylvania; is not in the military service of the United States or
its Allies, or otherwise within the provisions of the Service members Civil Action Relief Act and its
Amendments.
Date: )'1'(-0'1u(
On this, the 2 day of
appeared Amy F. Doyle, known to
instrument, and acknowledged that
1
Amy F. oyle, Esquire
PA Supreme Court ID 87062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
, 2014, before me, the undersigned officer, personally
e to be the person whose name is subscribed to the within
she executed the same for the purpose therein contained.
CVO -Nu
Notary Public
MO TH OF PENNSYLVANIA
Notarial Seal
Cortney Moreland, Notary Public
City of York, York County
M Commission Ex•Ires Nov. 23, 2017
r: - i. :41:--t:: . t_
NEW YORK OFFICE
600 THIRD AVENUE
NEW YORK, NY 1 00 1 6- 1 90 I
JAFFE &AS H ER LLP
ATTORNEYS AT LAW
ESTABLISHED I 974
W W W.JAFFEAN DABH ER. COM
August 12, 2014
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
TEL 2I 2-687-3000
TOLL FREE 888-625-9895
FAx 2I 2-687-9639
RE: AMERICAN EXPRESS BANK FSB vs. JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Docket No. 2014-03847 CIVIL
Dear Joseph Trout dba Jet Instrument Service:
Enclosed herein please find a 10 -Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil
Procedure.
Sincerely,
Amy F. IZ.Sf'e ° :7062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
adoyle@jaffeandasher.com
(717) 885-0718
(877) 202-9420
(717) 885-0726 (facsimile)
Enclosure
This is an attempt by a debt collector to collect a debt and any information obtained will be used for that
purpose.
CONNECTICUT OFFICE
I 100 KINGS HIGHWAY EAST, SUITE 3C
FAIRFIELD, CT 06825
TEL 203-583-3414
NEW JERSEY OFFICE
80 E RIDGEWOOD AVENUE
PARAMUS, NJ 07652
TEL 201-977-4329
PENNSYLVANIA OFFICE
I I EAST MARKET STREET, SUITE 102
YORK, PA 1 7401
TEL 717-801-1523
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS
BANK FSB
Plaintiff/Petitioner
vs.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Defendant(s)/Respondent(s)
No. 2014-03847 CIVIL
TO: JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
Date of Notice: August 12, 2014
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU
IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service & Cumberland Co. Bar Association
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
By
File: 10008481
. Doyle #87062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
adoyle@jaffeandasher.com
(717) 885-0718
(877) 202-9420
(717) 885-0726 (facsimile)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03847 CIVIL
Plaintiff/Petitioner
vs.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Defendant(s)/Respondent(s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise residence of Plaintiff is:
AMERICAN EXPRESS BANK FSB
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
and certify that the last known address of the within Defendant is:
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
Amy F. Di -, ` squire
PA Supreme Court ID 87062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03847 CIVIL
Plaintiff/Petitioner
vs.
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Defendant(s)/Respondent(s)
NOTICE OF JUDGMENT
(X) Notice is hereby given that a Judgment in the above -captioned matter has been entered
against you in the amount of $12,175.80 on
costs and statutory interest from the date of Judgment.
, 2014, plus
(X) A copy of all documents filed with the Prothonotary in support of the within judgment
is/are attached.
If you have any questions regarding this Notice, please contact the filing party.
Amy F y eI ; Esquire
PA Supreme Court ID 87062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
717-885-0718 / 877-202-9420
717-885-0726 (facsimile)
Counsel for Plaintiff
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015