HomeMy WebLinkAbout14-3848 Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary UseOnty:
Civil Cover Sheet
Cumberland COUIIt
y Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S Q Complaint ❑ Writ of Summons ❑ Petition
❑
E Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T American Express Bank, FSB Joseph Trout DBA JET Instrument Service
I
Dollar Amount Requested: ❑x within arbitration limits
Are money damages requested? D Yes ❑ No
(check one) ❑outside arbitration limits
N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes S 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 ❑ Debt Collection:Credit Card ❑ 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
E mass tort) ❑ Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board
T ❑ Other:
I ❑ Other: -
O MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: El Ejectment ❑ 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
NOTICE
Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
Rule 205.5. Cover Sheet
(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except
the following:
(i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq.
(ii) actions for support, Rules 1910.1 et seq.
(iii) actions for custody, partial custody and visitation of minor children, Rules
1915.1 et seq.
(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.
(v) actions in domestic relations generally, including paternity actions, Rules
1930.1 et seq.
(vi) voluntary mediation in custody actions, Rules 1940.1 et seq.
(2) At the commencement of any action, the party initiating the action shall complete
the cover sheet set forth in subdivision(e) and file it with the prothonotary.
(b) The prothonotary shall not accept a filing commencing an action without a
completed cover sheet.
(c) The prothonotary shall assist a party appearing pro se in the completion of the form.
(d) A judicial district which has implemented an electronic filing system pursuant to
Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the
provisions of this rule.
(e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural
Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be
published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEIN,NSYLV IA
AMERICAN EXPRESS BANK, FSB NO1 'q,
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
PLAINTIFF
vs. �.yP
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE `��' Vic,
CARLISLE PA 17015
DEFENDANT(S)
NOTICE TO DEFEND --
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty(20) days after this Complaint and Notice is served, by
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
CS )
0 KJ
�a
24 30011 (
FILE NO. 10008483
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. 10008483
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. 10008483
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$11,664.52. 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$11,664.52, plus costs.
FILE NO. 10008483
WHEREFORE, American Express demands judgment against Defendant on Count 1 in the
sum of$11,664.52, 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. 10008483
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 CUSTODIAN and in my capacity as_ A'SSISTA'NT C iSTOMAN
OF RECORDS
for American Express Bank, FSB, the Plaintiff in this matter,I am auu'IK WfRake this
verification on their behalf.
Date: "
Name:
RICHARD KIER
Title: ASSISTANT CJS":ODI�-J OF RECORDS
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
FILE NO. 10008483
EXHIBIT "A"
.4MEFiICAIV Business Gold Card P. 1/9
EXPRESS JET INSTRUMENT SVC SM
JOSEPH E TROUT
Closing Date 06/13/11 Account Ending 3-15005
Earn points on all of your
New Balance $947.04 purchases,everywhere you use
the Card.
Please Pay By 06/28/11 Visit open.americanexpress.com/
smallbusinessrewards
Account Summary
Pay In Full Portion
Previous Balance $135.08
Seepage 2 for important information about your account. Payments/Credits -$135.08
New Charges +$947.04
See Page 9 for important information about your account and an Fees +$0.00
updated copy of your Cardmember Agreement. New Balance = $947.04
Pay Over Time Portion
Previous Balance $0.00
Payments/Credits -$0.00
New Charges +$0.00
Fees +$0.00
Interest Charged +$0.00
New Balance = $0.00
Minimum Due $0.00
Account Total
Previous Balance $135.08
Payments/Credits -$135.08
New Charges +$947.04
Fees +$0.00
Interest Charged +$0.00
New Balance $947.04
Days in Billing Period: 31
Customer Care
QPaybyComputer
open.com/pbc
Customer Care Pay by Phone
1-800-492-3344 1-800-472-9297
qSee page 2 for additional information.
+ Pleasefold on the perforation below,detach and return with your payment +
®PaymentCoupon PaybyComputer �PaybyPhone Account Ending 3-15005
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.
Il����l�llll�l��l���ll�l����r�lll���illli��llllllllh�l�ll�ll�ll
JOSEPH E TROUT Please Pay By
JET INSTRUMENT SVC 06/28/11
35 ROYAL DR
CARLISLE PA 17015-9566
Amount Due
$947.04
�Il��llll�ilill�ll��nllli��ll��ill�nilnllni�n�lnlii��il��ll
0 Check here ifyour address or AMERICAN EXPRESS
phone number has changed. P.O.BOX 1270
Note changes on reverse side. NEWARK NJ 07101-1270
0000349990830688349 000094704000094704 10 d
JOSEPH E TROUT Account Ending 3-15005 p.2/9
Payments:Your payment must be sentto the payment address shown on your statement and must be received by 5 p.m.local time at that addressto
be credited as of the day it is received. Payments we receive after 5 p.m.will not be credited to your Account until the next day. Payments must also:
(1)include the remittance coupon from your statement;(2)be made with a single check drawn on a US 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 asset account as soon as the same day we receive your
check,and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issue a
draft against your depositor other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other electronic
payment service of ours,you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you
request. Payments using such services of ours received after 8:00 p.m.MST may not be credited until the next day.
How We Calculate Your Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we
charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance
computation method and how resulting interest charges are determined. The method we use to calculate the ADB and interest results in daily
compoundingof interest. -
Paying Interest:If you have a Pay Over Time balance,your due date is at least 25 days after the close of each billing period. We will not charge you
interest on the Pay Over Time balance if you pay the Account Total New Balance by the next Closing Date.
Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it.
We will charge fee of 2.7%of the converted US dollar amount.We will choose a conversion rate that is acceptable to us for that date,unless a
particular rate is required by law.The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on
the date of your charge. Charges converted by establishments will be billed at the rates such establishments use.
Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a
check for the credit balance within 30 days if the amount is$1.00 or more.
Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your
Account may be reflected in your credit report.
New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates,fees and grace periods by
calling 1-800-518-8866.
Customer Service&Billing Inquiries 1-800-492-3344 Hearing Impaired Website:americanexpress.com
International Collect 1-336-393-1111 M:1-800-221-9950 Mobile Site:amexmobile.com
Large Print&Braille Statements 1-800-492-3344 FAX:1-800-695-9090
Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 Customer Service
&Billing Inquiries Payments
P.O.BOX 981535 P.O.BOX 1270
EL PASO,TX NEWARK NJ
79998-1535 07101-1270
Changeof Address
If correct on front,do not use. Pay Your Bill With AutoPay
•To change youraddress online,visit www.americanexpress.com/updatecontactinfo
• For Name,Company Name,and Foreign Address or Phone changes,please call Customer Gare. 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.
Business Gold Card
AMR Esi p 3/9
JET INSTRUMENT SVC �SM
JOSEPH E TROUT
Closing Date 06/13/11 Account Ending 3-15005
Payments and Credits
Summary
Pay In Full Pay Over Time ♦ Total
Payments -$135.08 $0.00 -$135.08
Credits $0.00 $0.00 $0.00
Total Payments and Credits -$135.08 $0.00 -$135.08
Detail *Indicates posting date
Payments Amount
06/10/11"' PHONE PAYMENT-THANK YOU -$135.08
New Charges
Summary
Pay In Full Pay Over Time ♦ Total
Total New Charges $947.04 $0.00 $947.04
Detail
®
JOSEPH ETROUT
Card Ending 3-15005
Amount
05/15/11 WAL-MART SUPERCENTERCARLISLE PA $7.21
DISCOUNT STORE
05/16/11 MCDONALD'S F1021200CARLISLE PA $4.01
7172490695
05/19/11 WENDYSO402 Q25 CARLISLE PA $20.30
8139358777
Description
RESTAURANT CHARGES
05/19/11 CREDITSECURE IRVINE CA $11.99
1-866-617-1893
Description
CREDITREPORT
05/21/11 WENDYSO402 Q25 CARLISLE PA $7.05
8139358777
Description
RESTAURANT CHARGES
05/26/11 SUBWAY 279460CARLISLE PA $13.97
717-2490099
05/26/11 0263 SHEETZ 0263 CARLISLE PA $76.30
8149463611
05/27/11 WENDYSO402 Q25CARLISLE PA $14.13
8139358777
Description
RESTAURANT CHARGES
05/28/11 KMART 7746 KMART#07CARLISLE PA $8.66
CARLISLE PA
05/28/11 HOLIDAY HAIR CARLISLE PA $18.00
BEAUTY/BARBER SHOP
Continued on reverse
JOSEPH E TROUT Account Ending 3-15005 p.4/9
Detail Continued
Amount
05/29/11 AT&T K008 9969 702 BETHLEHEM PA $185.49
800-331-0500
Description
TELEPHONE SERV
05/30/11 PAYPAL*PABLOANDINO 4029357733 CA $72.00
402-935-7733
Description
PROFESSIONAL S
05/30/11 PAYPAL*DIGIZONE 4029357733 CA $59.99
402-935-7733
Description
CAMERAS,CAMCO
06/02/11 AT&T4801531 CARLISLE PA $105.99
800-331-0500
Description
TELEPHONE SERV
06/02/11 AT&T4801531 CARLISLE PA $67.82
800-331-0500
Description
TELEPHONE SERV
06/03/11 0263 SHEETZ 0263 CARLISLE PA $10.15
8149463611
06/04/11 BEST BUY CO 1478 MECHANICSBURG PA $152.58
ELECTRONICS STORE
06/04/11 SAMMSOFT.COM866-966-SAMMAMISH WA $42.90
866-966-66254
Description
COMPUTER HRDWR
06/04/11 RUTTER'S FARM STORE NEW CUMBERLAND PA $68.50
7177715971
Fees
Amount
Total Fees for this Period $0.00
Interest Charged
Amount
Total Interest Charged for this Period $0.00
2011 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2011 $75.00
Total Interest in 2011 $0.00
Continued on next page
AMERICAN Business Gold Card5/9
EXPRESS JET INSTRUMENT SVC SM
p
JOSEPH E TROUT
Closing Date 06/13/11 Account Ending 3-15005
Important Notice
Information on Pay Over Time Features Please refer to page 2
for further important
You may have access to one or more Pay Over Time Features as part of your Card account.The following are the current information regarding
Annual Percentage Rates(APRs)for Pay Over Time Features.(v)indicates variable rate. your account
For Extended Payment Option,the APR is 10.24%(v).
JOSEPH E TROUT Account Ending 3-15005 p.6/9
AMERICAN OPEN Savingss'Summary P.7/9
EXPRESS Prepared For Account Ending
JOSEPH E TROUT 3-15005
JET INSTRUMENT SVC
Savings this Billing Period Savings Since January 2011
0.00 0.00
To start saving today,visit www.open.com/opensavings and learn more about the OPEN Savings
program and participating merchants
Other Ways To Save!
Save automatically when you use your Card at these OPEN Savings partners.
FecEx- Feces. FetExOfficed x
Express Ground �G�iy`TratY
Save /6 Save 5% Save 5% Save up to 10% Save 5%
OfEW.M . hpdirect.com HST. CfSymantec. IRONMOUNTAINm
US' oil
Save 5% Save 5% Save 3% Save 10% Save 10%
on transactions of$100 or more.
a AG
COUR7YhRD Residence 'IbwnePlace SPMGHILL
W t1 % SUITES Aemott AemDll
Save 5% Save 5% Save 5% Save 5% Save 5%
EPSON" BARNES&NOBLEG Logowor hyor�fl1.8o 0
CARET
MEED YOUR VISION
Save 5% Save 5% Save 5% Save 5% Save 10% Save 5%
Enjoy added savings for your business.Learn more at opensavings.com
Offers are made only to Cardmembers who meet certain qualifying criteria. By
responding you will be disclosing to the merchant that you meet these criteria.
JOSEPH E TROUT Account Ending 3-15005 P.8/9
AM P.9/9
EXPRESS
Re: Business Gold Card
Account ending in: 15005 06/11/2011
Dear Joseph E Trout,
We'd like to inform you that we're changing the returned payment fee and the minimum due for Pay Over Time
balances. 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,as of August 1,2011
Returned Payment Fee $35
Pay Over Time Minimum Due The minimum due for Pay Over Time balances will be
at least$35. However, it will not exceed the Pay Over
Time New Balance shown on the statement.
Thank you for your Cardmembership. We look forward to continuing to serve you.
Sincerely,
American Express
See reverse side for important information.
CMAEUALE0000107
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.
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 for Pay Over Time balances. See When the penalty APR will apply above."
Pay Over Time Minimum Due
On August 1, 2011, we are increasing the minimum payment due for Pay Over Time balances. Accordingly,
effective August 1, 2011, we are changing the amount shown in line (3) of How we calculate your Minimum
Payment Due in Part 2 of the enclosed Cardmember Agreement from $20 to$35. (The same change applies to
the example shown in that section.)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.
CMAEUALE0000107
laMERlG4N
EXPRESS
Cardmember Agreement: Part 1 of 2 As of: 06/11/2011
Business Gold Card Company Name: JET INSTRUMENT SVC
Issuer:American Express Bank, FSB Cardmember Name:Joseph E Trout
Account Ending In: 15005
Rates and Fees Table
Interest Rates on Pay Over Time Balance
Annual Percentage Rate 15.24% (Prime Rate+ 11.99%)
(APR)
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 your account if:
1) you make a payment that is returned;
2) you make 3 late payments in 12 months; or
3) any minimum amount due remains unpaid for 2 billing periods in a row.
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, for 12
billing periods in a row.
How to Avoid Your due date is at least 25 days after the close of each billing period. We will
Paying Interest not charge you interest if you pay your entire balance by the due date each
month.
Annual Membership Fee $75
Transaction Fees
• Foreign Transaction 2.7% of each transaction after conversion to US dollars.
Penalty Fees
• Late Payment $35 or 2.99% of the past due amount, whichever is greater.
• Returned Payment $38
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the
How we calculate interest section in Part 2.
CMAEUAAO0000111 Page 1 of 9
How Rates and Fees Work
Rates for Pay Over balances See AboutOver Time features in Part 2 of this Agreement
Calculating The Annual Percentage Rate(APR)for variable rates is determined by adding an amount(margin)
APRs and DPRs to the Prime Rate(see Determining the Prime Rate in Part 2). The Daily Periodic Rate(DPR)is
1/365th of the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime+Margin APR DPR
Annual Percentage Rate Prime+ 11.99% 15.24% 0.0417%
Penalty APR Prime+23.99% 27.24% 0.0746%
When the penalty The Penalty APR applies to Pay Over Time balances if:
APR will apply • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which its due 3 times in 12 billing periods,
• you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in
which it is due and you still do not pay it by the Closing Date of the next billing period, 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,
APR will apply for 12 billing periods in a row.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.We will charge$35 for each additional
card.
Late Payment $35(Iowa$15)if you do not pay the Amount Due on a billing statement before the 10th day after
the next Closing Date.
Also, if you do not pay that Amount Due by the following Closing Date,we may charge you an
additional fee in that same billing period of the greater of$35 or 2.99%of any amount past due
(Iowa$15).
For each following Closing Date that an amount past due remains unpaid,we may charge a fee of
the greater of$35 or 2.99%of any amount past due(Iowa$15).
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.
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.
CMAEUAA00000111 Page 2 of 9
HMERI WN
�R,ESS
Cardmember Agreement: Part 2 of 2 CD 27743
How your American Express Account Works
Introduction
About your This document together with Part 1 make up the When you or an Additional Cardmember,as defined
Cardmember Cardmember Agreement(Agreement)for the Account below,use the Account(or sign or keep a card),you and
Agreement identified on page 1 of Part 1.Any supplements or the Additional Cardmember agree to the terms of the
amendments are also part of the Agreement. Agreement.
Words we use in We,us,and our mean the issuer shown on page 1 of Card means any card or other device that we issue to
the Agreement Part 1.Except as provided below,Basic Cardmember access the Account.A charge is any amount added to the
means the person who applied for this Account or to Account,such as purchases,fees and interest charges.A
whom we address billing statements.Company means purchase is a charge for goods or services.
the business for which the Account is established. You To pay by a certain date means to send your payment so
and your mean the Basic Cardmember and the that we receive it and credit it to your Account by that date
Company.You agree,jointly and severally,to be bound (see About your payments in Part 2).
by the terms of this Agreement.
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
they can use your Account subject to the terms of this them.
Agreement. their use of the Account is subject to this Agreement.
You are responsible for all use of the Account by You authorize us to give Additional Cardmembers
Additional Cardmembers and anyone they allow to use information about the Account and to discuss it with them.
the Account.You must pay for all charges they make. If you want to cancel an Additional Cardmember's right to
You must share this agreement with all Additional 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 obligations and liabilities of the Basic Cardmember under
Cardmember an employee or officer of the Company or does not want this Agreement,as of the date that such person replaces
to be the Basic Cardmember.In that case,you must the Basic Cardmember.That person is subject to our
either close the Account,or propose another person to approval.
replace 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 You may use the card to make purchases.You may also You,or any Additional Cardmembers,may arrange for
use the card at an ATM to get cash from a checking certain merchants to charge the Account at regular
account you designate. intervals.We may(but are not required to)tell these
Each Cardmember acknowledges and agrees that cards merchants about the Account status or changes to your
are intended to be used for the Company's commercial card number or expiration date.You must notify the
or business purposes. merchants directly if you want them to stop charging the
Account.
We decide whether to approve a charge based on how
you spend and pay on this Account and other accounts Keep your card safe and don't let anyone else use it.If
you have with us and our affiliates.We also consider your card is lost or stolen or your Account is being used
your credit history and your personal resources that we without your permission,contact us right away.You may
know about. not use your Account for illegal activities.
Promise to pay You promise to pay all charges,including: • charges that Additional Cardmembers make or permit
• charges you make,even if you do not present your others to make.
card or sign for the transaction, Additional Cardmembers agree to be personally liable for
• charges that other people make,whether or not you or charges made using their card.We may seek payment
an Additional Cardmember intend to let them use the from them for charges made on their card if neither the
Account,subject to applicable law,and Company nor the Basic Cardmember pay us.
Declined We may decline to authorize a charge.Reasons we may We are not responsible for any losses you incur if we do
transactions do this include suspected fraud and our assessment of not authorize a charge.And we are not responsible if any
your creditworthiness.This may occur even if your merchant refuses to accept the card.
Account is not in default.
CMAEUACM0000107 Page 3 of 9
About Pay Over We may add features to the Account that allow you to than a certain dollar amount.We will tell you this amount
Time features pay certain charges over time.These features include when you enroll,and it is subject to change.We will tell
Sign&Travel®and the Extended Payment Option. you if we change it.Certain charges are not eligible,such
If you enroll in Sign&Travel,we will automatically place as cash and similar transactions.
eligible travel-related charges into a Pay Over Time We will not place any charge into a Pay Over Time
balance.Some examples are airline and cruise ship balance if it causes the total of your Pay Over Time
tickets,hotels,car rentals and charges made outside the balances to go over$20,000.We will tell you if we
U.S. change that amount.You must pay in full all charges that
If you enroll in the Extended Payment Option,we will are not placed into a Pay Over Time balance upon receipt
automatically place all eligible charges into a Pay Over of the billing statement.We may change which charges
Time balance.A charge is eligible if it equals or is more are eligible to be placed into a Pay Over Time balance.
About your payments
When you must pay Payment of the New Balance is due upon receipt of your Each statement also shows a Closing Date.The Closing
statement.If a statement includes a Pay Over Time Date is the last day of the billing period covered by the
balance,it will show a Minimum Payment Due.In this statement.Each Closing Date is about 30 days after the
case,you must pay at least the Minimum Payment Due previous statement's Closing Date.
by the Payment Due Date.Each statement also states
the time and manner by which you must make your
payment for it to be credited as of the same day it is
received.
How to make Make payments to us in U.S.dollars with: statement.If we receive it after that time,we will credit the
payments a single check drawn on a U.S.bank,or 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 If a statement includes a Pay Over Time balance,it will After the Minimum Payment Due has been paid,we apply
payments show a Minimum Payment Due.The Minimum Payment payments to the remaining Pay Over Time balances.
and credits Due is the Pay In Full New Balance plus the Pay Over When we do this,we apply payments first to the balance
Time Minimum Due. with the lowest interest rate and then to balances with
If you have a Pay Over Time balance,we generally higher interest rates.
apply payments up to the Minimum Payment In most cases,we apply a credit to the same balance as
Due first to the Pay Over Time Minimum Due and then the related charge.We may apply payments and credits
to the Pay In Full New Balance. within balances,and among balances with the same in-
terest rate,in any order we choose.
CMAEUACM0000107 Page 4 of 9
AMER�rAN
EXPRESS
About your Minimum Payment Due
How we calculate The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due.
your Minimum To calculate the Pay Over Time Minimum Due for each
Payment Due statement,we start with the highest of the following
three amounts: EXAMPLE:Pay Over Time Minimum Due
(1)1/36th of the Pay Over Time New Balance;or Assume that your Pay Over Time New Balance is
(2)interest charged on the statement plus 1%of the $3,000,interest is$29.57(see the example on the
Pay Over Time New Balance(excluding interest on next page),and you have no Pay Over Time
the statement),not to exceed 4%of the Pay Over amounts past due.
Time New Balance;or (1) $3,000/36=$83.33
(3)$20. (2) $29.57+1%x($3,000-$29.57)=$59.27
Then we round to the nearest dollar.After that,we add (3) $20.00
any Pay Over Time amount past due. The highest of the three amounts is$83.33.
However,your Pay Over Time Minimum Due will not So the Pay Over Time Minimum Due is$83.00.
exceed your Pay Over Time New Balance.
Adjusting your Pay If you regularly pay more than the Minimum Payment Due described above,we may adjust the Pay Over Time
Over Time Minimum Minimum Due in future billing periods.This may let you make a smaller minimum payment from time to time.But if
Due you then do not regularly pay more than the Minimum Payment Due described above,we will stop making the
adjustment and return to the formula above.If we start or stop making the adjustment,we will do so for at least six
billing periods in a row.
To adjust the Pay Over Time Minimum Due,we will not add 1%of the Pay Over Time New Balance in(2).Then,if
(2)is the highest(but less than 4%of the Pay Over Time New Balance),we will add$15.
We will do this if over six billing periods the sum of payments credited to your Pay Over Time balance is more than
the sum of the Pay Over Time Minimum Dues(not adjusted,except any Pay Over Time 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 Pay Over Time Minimum Dues(not adjusted)is not more than$120 and equals the sum of payments credited
to your Pay Over Time balance.However,we will not make the adjustment if the sum of the Pay Over Time
Minimum Dues is zero and we did not adjust the Pay Over Time Minimum Due the last time it was not zero.
About interest charges
When we Charge We charge interest on charges that are added to a Pay Over Time balance beginning on the transaction date.
interest However,you can avoid paying interest as follows.
If you pay the Account Total New Balance on a Also,we will not charge interest shown on a statement if
statement by the Closing Date shown on the next the Account Total Previous Balance on that statement is
statement,then on that next statement we will not zero or a credit balance.
charge interest.
CMAEUACM0000107 Page 5 of 9
How we calculate We calculate interest for a billing period by first calculating interest on each balance within each feature.Balances
interest within each feature such as Sign&Travel and Extended Payment Option may 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 plus
balance is negative,we treat it as zero. an amount of interest equal to the previous day s daily
DPR balance multiplied by the DPR for that balance. This
A DPR is 1/365th of an APR,rounded to one ten- method of calculating the beginning balance results in
thousandth of a percentage point.Your DPRs are shown daily compounding of interest.
in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes,the new DPR may come
into effect during not just at the beginning of the billing
EXAMPLE:Calculating Interest period.When this happens,we will create a new balance
Assume that you have a single interest rate of and apply the new DPR to it.To get the beginning balance
15.99%,your ADB is$2,250 and there an-30 days on the first day for this new balance,we multiply the
in the billing period. previous day's daily balance by the old DPR and add the
The DPR is 15.99%+365 days=0.0438% result to that day's daily balance.
Other methods
Interest is$2,250 x 0.0438%x 30 days=$29.57 To calculate the ADB and interest charges,we may use
other formulas or methods that produce equivalent results.
Also,we may choose not to charge interest on certain
types of charges.
Determining the We use the Prime Rate from the Money Rates section use the 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 may
The Wall Street Journal may not publish the Prime Rate pay more interest and may have a higher Minimum
on that day.If it does not,we will use the Prime Rate Payment Due.When the Prime Rate changes,the
from the previous day it was published.If The Wall resulting changes to variable APRs take effect as of the
Street Journal is no longer published,we may first day of the billing period.
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 agreement governing the Account.The written Agreement
to any existing and future balances on the Account, may not be contradicted by any alleged oral agreement.
subject to applicable law.
Converting charges If you make a charge in a foreign currency,we will government agency or the highest interbank rate we
made in a foreign convert it into U.S.dollars on the date we or our identify from customary banking sources on the
currency agents process it.Unless a particular rate is required conversion date or the prior business day.This rate may
by 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.
CMAEUACM0000107 Page 6 of 9
L1' MERIGAN,I
EXPRESS
Closing your You may instruct us to close the Account by calling us The Basic Cardmember and the Company remain jointly
Account or writing to us.The Basic Cardmember agrees to and severally liable for all Charges made on the Account.
inform 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 cancel the Account. you pay on time and the Account is not in default.
your Account suspend the ability to make charges. If the Account is cancelled,you must destroy all cards.
• cancel or suspend any feature on the Account.
• notify merchants that the Account has been We may agree to reinstate the Account after a
cancelled or suspended. cancellation.If we do this,we may:
If we do any of these,you must still pay us for all reinstate any cards,including additional cards.
charges under the terms of this Agreement. charge you any applicable fees,including annual fees.
• 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 balance immediately.
us 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 you credit reporting agency if you fail to comply with any term
(and,subject to applicable law,any Additional of this Agreement.This may have a negative impact on
Cardmembers),investigate your and any Additional your or any Additional Cardmember's credit report.
Cardmembers'ability to pay,and obtain information If you believe information we have given to a credit
about you and any Additional Cardmembers from other reporting agency is incorrect,write to us at:American
sources.And you agree that we may use such Express Credit Bureau Unit,P.O.Box 981537,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 We mail you notices through the U.S.mail,postage prepaid,and address them to you at the latest billing address
notices shown on our records.Any notice that we send you this way is deemed to be given when deposited in the U.S.
mail.Additionally,we may mail notices and information to Additional Cardmembers at their request.
We may contact From time to time,we may contact you and any this to ensure the quality of customer service or when it is
you Additional Cardmembers about topics ranging from required by law.
servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us.
owe.We may monitor and record phone calls between To do this,call us at 1-800-297-8378 or log on to
you(or any Additional Cardmembers)and us.We do www.americanexpress.com/communications
About insurance We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer.
products non-insurance products,services or features that may Compensation may influence what products and providers
have a fee.One of our affiliates may act on behalf of a we or our affiliates tell you about.
provider of these products.The affiliate may be We may share information about you with our affiliates so
compensated for this.The insurance products are not they can identify products that may interest you.We may
offered or sold by us or on our behalf.Our affiliates be compensated for this information.
may 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 electronically deduct the amount from your bank or bank or other asset account on the same day we receive
from your checking other asset account. your check.Also,you will not receive that cancelled check
account We may process the check electronically by with your bank or asset account billing statement.
transmitting to your financial institution: If we cannot collect the funds electronically,we may issue
• the amount, a draft against your bank or other asset account for the
• the routing number, amount of the check.
• the account number,and
• the check serial number.
ExpressPay Cards issued on the Account may be equipped with ExpressPay.ExpressPay enables you to make charges without
having the card swiped or imprinted.You can call us to deactivate ExpressPay at any time.Also,we may
deactivate ExpressPay at any time.
CMAEUACM0000107 Page 7 of 9
Privacy Act of 1974 Some federal agencies may accept the card under authority of statute.When you or Additional Cardmembers make
notice charges at these agencies,we collect certain charge information.That information may be put to routine uses such
as processing,billing and collections.It may also be aggregated for reporting,analysis and marketing use.Other
routine uses by 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 rights our 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.
Arbitration
This Arbitration provision sets forth the limitation,any claim,dispute or controversy Arbitration Act,9 U.S.C.§§1-16,as it may be
circumstances and procedures under which that arises from or relates to(a)any of the amended(FAA),provided that any such
claims may be arbitrated instead of litigated in accounts created under any of the organization and arbitrator(s)will enforce the
court. agreements,or any balances on any such terms of the Restrictions on Arbitration
Definitions accounts,(b)advertisements,promotions or subsection set forth below.
As used in this Arbitration provision,the term oral or written statements related to any such
claim means any claim,dispute or accounts,goods or services financed under Significance of Arbitration
controversy between you and us arising from any of the accounts or the terms of financing, IF ARBITRATION IS CHOSEN BY ANY
(c)the benefits and services related to PARTY WITH RESPECT TO A CLAIM,
th relating to your Account,this Agreement,
the Electronic Funds Transfer Services Cardmembership(including fee-based or free NEITHER YOU NOR WE WILL HAVE THE
Agreement,and any other related or prior benefit programs,enrollment services and RIGHT TO LITIGATE THAT CLAIM IN
agreement that you may have had with us,or rewards programs),and(d)your application COURT OR HAVE A JURY TRIAL ON THAT
the relationships resulting from any of the for any account.We shall not elect to use CLAIM.FURTHER,YOU AND WE WILL NOT
above agreements,except for the validity, arbitration under this Arbitration provision for HAVE THE RIGHT TO PARTICIPATE IN A
os court oyour se or
f this Arbitration any claim that you properly file and pursue in REPRESENTATIVE CAPACITY OR AS A
enforceability or scope this Arbitration a small claims tatMEMBER OF ANY CLASS OF CLAIMANTS
provision.For purposes o
provision,you and us also includes any municipality so long as the claim is individual PERTAINING TO ANY CLAIM SUBJECT TO
corporate parent,or wholly or majority owned and pending only in that court. ARBITRATION.EXCEPT AS SET FORTH
subsidiaries,affiliates,any licensees, Initiation of Arbitration BELOW,THE ARBITRATOR'S DECISIONWILL BE FINAL AND BINDING.NOTE THAT
predecessors,successors,assigns,any Any claim shall be resolved,upon the election OTHER RIGHTS THAT YOU OR WE
purchaser of any accounts,all agents, by you or us,by arbitration pursuant to this WOULD HAVE IF YOU WENT TO COURT
employees,directors and representatives of Arbitration provision and the code of ALSO MAY NOT BE AVAILABLE IN
any of the foregoing,and other persons procedures of the arbitration organization to ARBITRATION.
referred to below in the definition of claims. which the claim is referred in effect at the time
Claim includes claims of every kind and the claim is filed(code),except to the extent Restrictions on Arbitration
nature,including but not limited to,initial the code conflicts with this Agreement. IF EITHER PARTY ELECTS TO RESOLVE A
claims,counterclaims,cross-claims and third- Claims shall be referred to either JAMS or the CLAIM BY ARBITRATION,THAT CLAIM
party claims and claims based upon contract, American Arbitration Association(AAA),as SHALL BE ARBITRATED ON AN
tort,fraud and other intentional torts,statutes, selected by the party electing to use INDIVIDUAL BASIS.THERE SHALL BE NO
regulations,common law and equity.Claim arbitration.If our selection of either of these RIGHT OR AUTHORITY FOR ANY CLAIMS
also includes claims by or against any third organizations is unacceptable to you,you TO BE ARBITRATED ON A CLASS ACTION
party using or providing any product,service may select the other organization within 30 BASIS OR ON BASES INVOLVING CLAIMS
or benefit in connection with any account days after you receive notice of our selection. BROUGHT IN A PURPORTED
(including,but not limited to,credit bureaus, For a copy of the code,to file a claim or for REPRESENTATIVE CAPACITY ON BEHALF
third parties who accept the card,third parties other information,contact either:JAMS(1920 OF THE GENERAL PUBLIC,OTHER
who use,provide or participate in fee-based Main St#300,Irvine,CA 92614 or CARDMEMBERS OR OTHER PERSONS
or free benefit programs,enrollment services jamsadr.com)or AAA(335 Madison Ave, SIMILARLY SITUATED.The arbitrator's
and rewards programs,credit insurance New York,NY 10017 or adr.org). authority to resolve claims is limited to claims
companies,debt collectors and all of their between you and us alone,and the
agents,employees,directors and In addition to the organizations listed above,claims may be referred to any other arbitrator's authority to make awards is limited
representatives)if and only if,such third party arbitration organization that is mutually to awards to you and us alone.
is a party in connection with the claim.The Furthermore,claims brought by you against
agreed upon in writing by you and us,or to an
term claim is to be given the broadest us,or by us against you,may not be joined or
5
possible meaning that will be enforced and arbitration organization arbitrator(s) consolidated in arbitration with claims brought
includes,by way of example and without appointed pursuant to§5 of the Federal by or against someone other than
CMAEUACM0000107 Page 8 of 9 continued on next page...
1
AMERI%N
EXPRESS
...continued from previous page governed by any federal or state rules of civil Payment of Fees
procedure or rules of evidence.Any party You will be responsible for paying your share,
you,unless agreed to in writing by all parties. may request that the arbitrator expand the if any,of the arbitration fees(including filing,
No arbitration award or decision will have any scope of discovery by doing so in writing and administrative,hearing and/or other fees),but
preclusive effect as to issues or claims in any copying any other parties,who shall have 15 only up to the amount of the filing fees you
dispute with anyone who is not a named party days to make objections.The arbitrator will would have incurred if you had brought a
to the arbitration.Notwithstanding any other notify the parties of his/her decision within 20 claim in the state or federal court closest to
provision of this Agreement(including but not days of an objecting a
limited to the Continuation subsection below) y y obj9 P rty's submission.The your billing address that would have had
and without waiving either party's right to arbitrator shall take reasonable steps to jurisdiction.We will be responsible for any
preserve privacy.The arbitrator's award shall additional arbitration fees.At your written
appeal such decision,should any portion of be final and binding,except for any right of request,we will consider in good faith making
this Restrictions on Arbitration subsection be appeal provided by the FAA;however,either a temporary advance of all or part of your
deemed invalid or unenforceable,then the
entire Arbitration provision(other than this Party shall have 30 days to appeal share of any arbitration fees.You will not be
sentence)shall not apply. assessed any arbitration fees in excess of
that decision by notifying the arbitration your share if you do not prevail in any
Arbitration Procedures organization and any other parties in writing. arbitration with us.
This Arbitration provision is made pursuant to
The organization will then appoint a three- Continuation
arbitrator panel which shall consider an
transactions involving interstate commerce any aspect of the decision objected to a the This Arbitration provision shall survive
and shall be governed by the FAA.The icable appealing party.The panel shall issue its termination of your Account;voluntary
arbiode,except that this Agreement shallon shall be governed by the apply f decision,by majority vote,within 120 days of any legal proceeding by you payment of the Account aor us tonce in ucollectlby oa
there are any conflicts.The arbitrator shall the appealing party's written notice.Judgment debt owed by the other;any bankruptcy by
apply applicable substantive law consistent upon any award rendered by the arbitrator or you or us;and any sale by us of your Account
PP y pp panel may be entered in any court having
with the FAA and applicable statutes of jurisdiction. (in the case of a sale,its terms shall apply to
limitations,shall honor claims of privilege the buyer of your Account).If any portion of
recognized at law,and,at the timely request Location of Arbitration this Arbitration provision,except as otherwise
of either party,shall provide a brief written Arbitration hearings you attend shall take provided in the Restrictions on Arbitration
explanation of the basis for the decision. place in the federal judicial district of your subsection,is deemed invalid or
The arbitration proceeding shall not be residence. unenforceable,it shall not invalidate the
remaining portions of this provision.
Billing Dispute Procedure
What To Do If You Find a Mistake on Your errors and you may have to pay the amount After we finish our investigation,one of two
Statement in question. things will happen:
If you think there is an error on your What Will Happen After We Receive Your If we made a mistake:You will not have to
statement,write to us at: Letter pay the amount in question or any interest
American Express When we receive your letter,we will do two or other fees related to that amount.
PO Box 981535 things: If we do not believe there was a mistake:
EI Paso TX 79998-1535 1.Within 30 days of receiving your letter,we You will have to pay the amount in question,
In your letter,give us the following will tell you that we received your letter.We along with applicable interest and fees.We
information: will also tell you if we have already will send you a statement of the amount you
• Account information:Your name and corrected the error. owe and the date payment is due.We may
account number. 2.Within 90 days of receiving your letter,we then report you as delinquent if you do not
• Dollar amount:The dollar amount of the will either correct the error or explain to you pay the amount we think you owe.
suspected error. why we believe the bill is correct. If you receive our explanation but still believe
• Description of problem:If you think there is While we investigate.whether or not there has your bill is wrong,you must write to us within
an error on your bill,describe what you been an error: 10 days telling us that you still refuse to pay.If
believe is wrong and why you believe it is a We will not try to collect the amount in you do so,we will not report you as
mistake. question,nor report you as delinquent on delinquent without also reporting that you are
You must contact us: that amount. questioning your bill.We will tell you the name
• Within 60 days after the error appeared on The charge in question may remain on your of anyone to whom we reported you as
your statement. statement,and we may continue to charge delinquent,and we will let those organizations
• At least 3 business days before an you interest on that amount. know when the matter has been settled
automated payment is scheduled,if you While you do not have to pay the amount in between us.
want to stop payment on the amount you question,you are responsible for the If we do not follow all of the rules above,you
think is wrong. remainder of your balance. do not have to pay the first$50 of the amount
You must notify us of any potential errors in We can apply any unpaid amount against you question even if your bill is correct.
writing.You may call us,but if you do we are your credit limit.
not required to investigate any potential
GMAEUACM0000107 Page 9 of 9
EXHIBIT`B"
P,IVIERICAN Business Gold Card P. 1/9
EJ(PRESS JET INSTRUMENT SVC ®SM
JOSEPH E TROUT
Closing Date 04/13/14 Account Ending 3-18009
Earn points on all of your
New Balance
$11,664.52 purchases,everywhere you use
Minimum Payment Due $4,311.41 the Card.
Visit open.americanexpress.com/
Includes the past due amount of$4,226.41 smallbusinessrewards
Payment Due Date 05/08/14 Account Summary
Late Payment Warning:If you do not pay your Minimum Payment Due,you Pay In Full Portion
may have to pay a late fee of the greater of$35.00 or 2.99%of the past due Pay in Previous Balance $3,169.41
Full amount.Also,your Pay OverTime APR may be increased to the Penalty APR Payments/Credits -$0.00
of 27.24%. New Charges +$0.00
Fees +$0.00
New Balance = $3,169.41
Pay Over Time Portion
Minimum Payment Warning: If you make only the minimum payment each period, Previous Balance $8,495.11
you will pay more in interest and it will take you longer to pay off your balance. For Payments/Credits -$0.00
example: New Charges +$0.00
Fees +$0.00
If you make no additional You will payoff the Pay Over And forthePayOverTime Interest Charged +$0.00
charges and each month you Time balance shown on thisbalanceyou will pay an New Balance = $8,495.11
pay... statement in about... i estimated total of... Minimum Due $1,142.00
Only the
Minimum Payment Due 18 years $14,811 Account Total
Previous Balance $11,664.52
If you would like information about credit counseling services,call 1-888-733-4139. Payments/Credits -$0.00
New Charges +$0.00
P See page 2 for important information about your account. Fees +$0.00
Interest Charged +$0.00
See Page 5 for an important Privacy Notice and the following pages New Balance $11,664.52
for important notices about Billing Dispute Procedures, Electronic Fund Minimum Payment Due $4,311.41
Transfer Error Resolution and a notice for WA residents. Days in Billing Period: 30
O This statement is for information purposes only.This is not a bill.Please Customer Care
contact your collections agency for account information. Disregard the
Minimum Payment Due,your account is in default and the balance is dueIm Paybycomputer
in full. open.com/pbc
Customer Care Pay by Phone
1-800-492-3344 1-800-472-9297
OSee page 2 for additional information.
+ Pleasefold on the perforation below,detach and return with your payment +
�PaymentCoupon �PaybyComputer �PaybyPhone Account Ending 3-18009
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 SVC 05/08/14
DO NOT CHANGE New Balance
35 ROYAL DR $11,664.52
CARLISLE PA 17015-9566
Minimum Payment Due
$4,311.41
AMERICAN EXPRESS $ •
El
Check here if your address or Amount Enclosed
phone number has changed. P.O.BOX 1270
Note changes on reverse side. NEWARK N1 07101-1270
0000349990830688349 001166452000431141 10 rl
JOSEPH E TROUT Account Ending 3-18009 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 asset account as soon as the same day we receive your
check,and you will not receive that cancelled check with your financial account statement. If we cannot collect the funds electronically we may issue a
draft against your depositor other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other electronic
payment service of ours,you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you
request. Payments using such services of ours received after 8:00 p.m.MST may not be credited until the next day.
How We Calculate Your Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we
charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance
computation method and how resulting interest charges are determined. The method we use to calculate the ADB and interest results in daily
compoundingof interest.
How to Avoid Paying Interest:If you have a Pay Over Time balance,your due date is at least 25 days after the close of each billing period. We will not
charge interest on charges added to a Pay Over Time balance if you pay the Account Total New Balance by the due date each month.
Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it.
We will chargea fee of 2.7%of the converted USdollaramount.We will choose a conversion rate that is acceptable to us for that date,unless
particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on
the date of your charge. Charges converted by establishments will be billed at the rates such establishments use.
Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a
check for the credit balance within 30 days if the amount is$1.00 or more.
Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your
Account may be reflected in your credit report.
® Customer Care&Billing Inquiries 1-800-492-3344 Hearinglmpaired Website:americanexpress.com
International Collect 1-336-393-1111 TTY:1-800-221-9950 Mobile Site:amexmobile.com
Large Print&Braille Statements 1-800-492-3344 FAX:1-800-695-9090
Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 Customer Care
&Billing Inquiries Payments
P.O.BOX 981535 P.O.BOX 1270
EL PASO,TX NEWARK NJ
79998-1535 07101-1270
Change of Address
If correct on front,do not use. Pay Your Bill With AutoPay
•Tochange youraddress 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 For information on how we protect our
Work Phone p y
privacy and to set your communication
Email and privacy choices,please visit
www.americanexpress.com/privacy.
AMERICAN Business Gold Card p.3/9
EXPRESS JET INSTRUMENT SVC SM
JOSEPH E TROUT
Closing Date 04/13/14 Account Ending 3-18009
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
Amount
Total Fees in 2014 $299.42
Total Interest in 2014 $557.36
JOSEPH E TROUT Account Ending 3-18009 p 419
WBusiness Gold Card
LWMERICM_ SM P.5/9
EXPRESS JET INSTRUMENT SVC
JOSEPH E TROUT
Closing Date 04/13/14 Account Ending 3-18009
Rev.9/2012
smWHAT 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.
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.
D
Reasonspersonat information • :
sha
For our everyday business purposes—
such as to process your transactions, maintain your account(s), Yes No
respond to court orders and legal investigations, or report to
credit bureaus
No
For our marketing purposes— Yes (but please see the"To limit
to offer our products and services to you direct marketing"box below for
additional privacy choices)
For joint marketing with other financial companies Yes No
For our affiliates'everyday business purposes— Yes No
information about your transactions and experiences
For our affiliates'everyday business purposes— Yes Yes
information about your creditworthiness
For our affiliates to market to you Yes Yes
No
For nonaffiliates 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
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
° if you do not want us to use your personal information to communicate with you about offers by
• mail, telephone, and/or e-mail:
• Visit us online:www.americanexpress.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 americanexpress.com/contact.
Page 1 of 2
S1244 BP/PRVOPEN/0414
JOSEPH E TROUT Account Ending 3-18009 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.
• Nonaffiliates 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.
s p.
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
S1244 BP/PRVOPEN/0414
Business Gold Card
p.7/9
raICAN 3M
RESSJET INSTRUMENT SVC
JOSEPH E TROUT
Closing Date 04/13/14 Account Ending 3-18009
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. We may report you as delinquent if you do not pay the amount we think you owe.
S1244 BP/PRVOPEN/0414
JOSEPH E TROUT Account Ending 3-18009 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
fund transfers you initiate to or from a consumer bank account using your American Express Card, including
Express Cash transactions, or 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 telephone us at 1-800-IPAY-AXP for Pay By Phone and Pay By Computer
questions, and at 1-800-CASH-NOW for Express Cash and Automatic Payment questions. Alternatively, you
may 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.
S1244 BP/PRVOPEN/0414
L__7_ OPEN SavinTo Summary P.sis
AMERICAN
omR S JET INSTRUMENT C
JOSEPH E TROUT
Closing Date 04/13/14 Account Ending 3-18009
Discounts Membership Rewards® Points
This Period $0.00 This Period 0
Year to Date $0.00 Year to Date 0
Remember,you can getup to 4 additional Membership Rewards®points or 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
The Membership Rewards points balance shown above reflects only points received through the OPEN Savings benefit and may not reflect any
reversals.Please refer to your Membership Rewards account balance for the most up-to-date balance information.
1 See individual OPEN Savings partner terms and conditions located at opensavings.com
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
C)F FICE OF TF. Sf!ERIFF
EU -OFFICE
PRO i DOP1° IAA
201411 31 M110: 38
CUMBERLAND COUNTY
PENNSYLVANIA
American Express Bank FSB
vs. Case Number
Joseph Trout d/b/a Jet Instrument Service 2014-3848
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 RONW R ANDERSON, SHERIFF
(c) CountySuite Sherif,, Teleosoff. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03848 CIVIL O c.-)
Plaintiff/Petitioner — y�
vs. v1 Ci
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Defendant(s)/Respondent(s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant, JOSEPH TROUT DBA -JET
INSTRUMENT SERVICE, for failure to answer the Complaint.
(X) Amount due $11,664.52
TOTAL $11,664.52, 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: %'21Lk i l
NOW,
Amy F. 1 e - 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
, 2014, JUDGMENT IS TE AS e OVE.
Prothonotary/Cle Civ.
BY:
Deputy
lope y
sfusi3
Na
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-03848 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: '?..
Amy F. Dom; 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
On this, the 26 day of , 2014, before me, the undersigned officer, personally
appeared Amy F. Doyle, known : me to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purpose therein contained.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Cortney Moreland, Notary Public
City of York, York County
My Commission Expires Nov. 23, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
NEW YORK OFFICE
600 THIRD AVENUE
NEW YORK, NY 1 0016-190 I
JAFFE &SAS H ER LLP
ATTORNEYS AT LAW
ESTABLISHED 1974
W W W. JAFFEAN DASHER. COM
August 12, 2014
JOSEPH TROUT DBA JET INSTRUMENT SERVICE
35 ROYAL DRIVE
CARLISLE PA 17015
TEL 212-687-3000
TOLL FREE 888-625-9895
FAX 212-687-9639
RE: AMERICAN EXPRESS BANK FSB vs. JOSEPH TROUT DBA JET INSTRUMENT SERVICE
Docket No. 2014-03848 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. syl ° : 7062
Jaffe & Asher, LLP
11 East Market St., Suite 102
York, PA 17401
adoyle@j affeandasher.corn
(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 NEW JERSEY OFFICE PENNSYLVANIA OFFICE
I 100 KINGS HIGHWAY EAST, SUITE 3C 80 E RIDGEWOOD AVENUE 11 EAST MARKET STREET, SUITE 102
FAIRFIELD, CT 06825 PARAMUS, NJ 07652 YORK, PA 17401
TEL 203-583-3414 TEL 201-977-4329 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. 2014-03848 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: 10008483
Amy 'W►'oyle #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. 2014-03848 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. Doyle ` 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. 2014-03848 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 $11,664.52 on C�tJ�� , �i'1 , 2014, plus
costs and statutory interest from the date of Judgment.
(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. 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.
(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
87a)