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Supreme Court of' a Pennsylvani Pleas %eet For Proilionotart,Use Only: Collntv DocketNo- L )4 - L1571 The is formation collected on this form is iisedsolelipfor court adininistrationpurposes. This form.does not supplement or replace,the filing and service of pleadings or otherpapers as required by I or rules court. S Commencement of Action: E Z Complaint ❑Writ of Summons El Petition C El Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: T AMERICAN EXPRESS CENTURION BANK TODD KELLER A/K/A TODD M KELLER I Are money damages requested? Z Yes El No Dollar Amount Requested: 0 within arbitration limits 0 (check one) 1:1 outside arbitration limits N Is this a Class Action Suit? E3 Yes Z No Is this an MDJAppeal? F1 Yes 0 No A Name of PlaintifFAppellant's Attorney:Appthaker Scian P.C. E3 Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution ED Debt Collection:Credit Card F1 Board of Assessment El Motor Vehicle El ❑Debt Collection:Other nBoard of Elections 0 Nuisance F1 Dept.of Transportation M Premises Liability F1 Statutory Appeal:Other El Product Liability(does not S include mass tor [3 Employment Dispute: t) Discrimination E n Slander/Libel/Defamation C 0 Other: ❑Employment Dispute:Other El Zoning Board T 0 Other: I I F1 Other: o MASS TORT 0 Asbestos N n Tobacco MASS MToxic Tort-DES REAL PROPERTY MISCELLANEOUS 0 Toxic Tort-Implant El Ejectment El Common Law/Statutory Arbitration 0 Toxic Waste El Eminent Domain/Condemnation F1 Declaratory Judgment B F1 Other: El Ground Rent El Mandamus 0 Landlord/Tenant Dispute El Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order El Mortgage Foreclosure:Commercial E3 Quo Warranto PROFESSIONAL E3 Partition 0 Replevin LIABLITY E]Quiet Title 0 Other: F1 Dental E3 Other: [I Legal El Medical ❑Other Professional: Updated 11112011 rTHS. O tjONO i,rR y r : Our File No.: 369991 20 f 4 AUG —4 PM,2, 233 Apothaker Scian P.C. CUMBERLAND BY: David J.Apothaker, Esquire PENNSYLVANIA DCY Attorney I.D.# 38423 ` 520 Fellowship Road Suite C306 PO Box 5496 Mt.Laurel,NJ 08054-5496 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ) Plaintiff, ) NO.: ��- (�,��f 0-1\j, _/erm VS. ) TODD KELLER A/K/A TODD M KELLER ) 885 TORWAY RD ) GARDNERS,PA 17324 ) Defendant. ) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 �f13.?5 Pp�Tr`/ 3©Q3(o7 Our File No.: 369991 Apothaker Scian P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road Suite C306 PO Box 5496 Mt.Laurel,NJ 08054-5496 (800)672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY,UTAH 84148 ) NO.. Plaintiff, ) vs. ) TODD KELLER A/K/A TODD M KELLER ) 885 TORWAY RD ) GARDNERS, PA 17324 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Centurion Bank ("Plaintiff'), an industrial bank, organized under the laws of the State of Utah with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is/are TODD KELLER A/K/A TODD M KELLER ("Defendant"), an adult individual residing at 885 TORWAY RD, GARDNERS,PA 17324. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account")to Defendant. 4. The Account number ends in 1006. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $6,269.47. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,269.47 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE &A OCIATES,P.C. Atto ney fo Plaintiff / A Law Firm E gage in Debt Collect' BY: David J. Apot er.,_Esquire Our File No.: 369991 369991 VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Affia me , Date: ( ( L,il 26-11—F 4- ASSIsTAKIT CUSi'®DjAp� Defendant's Name: TODD KELLER A/K/A TODD M KELLER OF RECORDS Account Number: ending in 1006 AMERIQ4N �RFSS Cardmember Agreement: Part 1 of.2 As of:12/04/2010 Blue from American Express Issuer:American Express Centurion Bank Cardmember Name:Todd M Keller Credit Limit:$7,1.00(Cash Advance Limit:$200) Account Ending In:$1006 Rates and Fees Table Interest Rates Annual Percentage Rate 15.24% (APR)for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 15.24%for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 27.24% Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments;or 2) make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months.We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month.We will begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Federal Reserve Board visit the website of the Federal Reserve Board at h=//www federalreserve,aov/creditcard. Fees Annual Membership Fee None Transaction Fees •Balance Transfer Either$5 or 3%of the amount of each transfer, whichever is greater. •Cash Advance Either$5 or 3%of the amount of each cash advance, whichever is greater. •Foreign Transaction 2.7%of each transaction after conversion to US dollars. Penalty Fees •Late Payment Up to$35 •Returned Payment Up to$35 •Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAA00000105 Page 1 of 9 How Rates and Fees Work Rates Calculating The Annual Percentage Rate(APR)for variable rates is determined by adding an amount(margin) APRs and DPRs to the Prime Rate(see Determining the Prime Rate in Part 2). The Daily Periodic Rate(DPR)is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime+Margin APR DPR Purchase Prime+11.99% 15.246/o 0:0417% Balance Transfer Prime+11.99% 15.240% 0.0417% Cash Advance Prime+21.99% 25.24% 0.0691% Penalty Prime+23.99% 27.24% 0.0746% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will new transactions you do not pay at least the Minimum Payment Due by the Closing Date of the more days aftappto er we send you notis added to tht ce.ce 15 or billing period in which it is due, • you do not pay at least the Minimum We will review your Account every 6 months after Payment Due by the Payment Due Date 2 the Penalty APR is applied.The Penalty APR will times in 12 billing periods,or continue to apply until you have made timely I your payment is returned by your bank.' payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date,we existing balances can apply the penalty APR to those balances it does not already apply to..After you pay on time for 6 billing periods in a row,the penalty APR will no longer apply to those balances(but it may still Fees apply to other balances as described above). We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to$35. If we do not receive the Minimum Payment Due by its Payment Due Date,the fee is$25. If this happens again within the next 6 billing periods,the fee is$35. However,the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR.See Penalty APR for new transactions and Penalty APR for existing balances above. Returned Payment Up to$35. If your payment is returned unpaid the first time we present it to your bank,the fee is $25. If this happens again within the next 6 billing periods,the fee is$35. However,the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. SeePena/ty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid.We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Statement Copy $5 for each statement you request,except for the 3 most recent billing periods. Account Re-opening $25 if your Account is cancelled,you ask us to re-open it,and we do so. Balance Transfer 3%of the transaction,with a minimum of$5. A different fee may apply if stated in a promotional offer or at the time of a transaction.This fee is a finance charge.We will add it to the same balance as the balance transfer. Cash Advance 3%of the withdrawal and other services you obtain (including any fee charged by the ATM operator),with a minimum of$5.We will add this fee to the cash advance balance. Foreign Transaction 2.7%of the converted U.S. dollar amount.This fee is a finance charge.See Converting charges made in a foreign currency in Part 2. Part 1,Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA0000ol05 Page 2 of 9 .4MERICQN RFS Introduction Cardmember Agreement: Part 2 of 2 CD 27738 About your This document together with Part 1 make up-the Cardmember Agreement Cardmember Agreement(Agreemen for the supplements or amendments are also part o � the Agreement.When you use the Account(or you Account identified on page 1 of Part 1. sign or keep the card),you agree tothe terms of the Agreement. Changing the Agreement We may change this Agreement,subject to applicable law.We may do this in response to the and we will ell you n hms may ernot notice if you have thee 45 days advanceoright business,legal or competitive environment. to reject a change.We cannot change certain terms We cannot increase the interest rate on existing during the first year of your Cardmembership. balances except in limited circumstances.Changes Words we use in We,us,and our mean the issuer shown on page 1 added to your Account,such as purchases,cash the Agreement of Part 1.You and your mean the person who advances,balance transfers,fees and interest applied for this Account and for whom we opened charges.A purchase is a charge for goods or the Account.You and your also mean anyone who services.A cash advance is a charge to get cash agrees to pay for this Account.You are the Bask or cash equivalents.A balance transferis a charge Cardmember.You may request a card for an to pay an amount you owe on another credit card Additional Cardmember(see About Additional account. Cardmembers in Part 2). Card means any card or other device that we issue To pay by a certain date means to send your it and crdit to access your Account.A charge is any amount Accounttby thatso tdatereceive(see About your Paymenit to ts About using your card Part 2). Using the card You may use the card to make purchases.At our Account status or changes to your card number or discretion,we may permit you to make cash expiration date.You must notify the merchants advances or balance transfers.You cannot transfer directly if you want them to stop charging your balances from any other account issued by us or our Account. affiliates. You may arrange for certain merchants to charge iklf youruca dr s lost or safe t ole for Your Account t anyone else sse your Account at regular intervals.We may(but are being used without your permission,contact us right not required to)tell these merchants about your away.You may not use your Account for illegal Promise toa activities. topay You promise to pay all charges,including: charges you make,even if you do not present your card or sign for the transaction, • charges that other people make if you let them use your Account,and charges that Additional Cardmembers make or permit others to make. Credit limit We assign a Credit Limit to your Account.We may You agree to manage your Account sothat: and cash advance limit make part of your Credit Limit available for cash ng fees advances(Cash Advance Limit).There may also be sonot ur Amore than ccount lyou Credit ance Ll mit,and and interest) a limit on the amount you can withdraw from ATMs in your cash advance balance(including fees and a given period.The Credit Limit and Cash Advance interest)is not more than your Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. Limit. We may a chaes that cause Your Account We may increase or reduce your Credit Limit and balance to goove aver your Credit Lim t.If we do this, Cash Advance Limit.We may do so even if you pay we will not charge an overlimit fee.If we ask you to on time and your Account is not in default. promptly pay the amount of your Account balance above your Credit Limit,you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we We are of responsible for any losses you incur if may do this include suspected fraud and our we do not authorize a charge.And we are not assessment of your creditworthiness.This may occur responsible if any merchant refuses to accept the even if the charge would not cause you to go over card. your Credit Limit and your Account is not in default. CMAEUACM0000102 Page 3 of 9 About your payments • When you must pay You must pay at least the.Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date.The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also shows a Closing Date.The Each statement also states the time and manner by Closing Date is the last day of the billing period which you must make your payment for it to be covered by the statement.Each Closing Date is credited as of the same day it is received.For your about 30 days after the previous.statement's Closing payment to be considered on time,we must receive Date. How to make payments Make payments to us in U.S.dollars with: your billing statement.If we receive it after that time, • a single check drawn on a U.S.bank,or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S.banking system,for example a money If your payment does not meet the above order,or requirements,there may be a delay in crediting your • an electronic payment that can be cleared through Account.This may result in late fees.and additional the U.S.banking system. interest charges(see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency,we will choose a rate to convert your payment coupon on your billing statement,and payment into U.S.dollars,unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon If we process a late payment,a.partial payment,or a payment marked with any restrictive language,that If your payment meets the above requirements,we will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it,as long as we receive it by the time disclosed in How we apply payments Your Account may have balances with different • After the Minimum Payment Due has been paid, and credits interest rates.For example,purchases may have a we apply your payments to the balance with the lower interest rate than cash advances.If your highest interest rate,and then to balances with Account has balances with different interest rates, lower interest rates. here is how we generally apply payments in a billing In most cases,we apply a credit to the same period: balance as the related charge.For example,we We apply your payments,up to the Minimum apply a credit for a purchase to the purchase Payment Due,first to the balance with the lowest balance.We may apply payments and credits within interest rate,and then to balances with higher balances,and among balances with the same interest rates. interest rate,in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement,we start with the highest of the followingAM �M�>?s urnPayrieritle three amounts: rana6iR. x t� I� (1)2%of the New Balance(excluding late fees on AVRIN1!?ceps' Y000% y s terest ss$2V#52seehe sxampie firs the next the Statement);OC srofi MR ,� y r� as (2)interest charged on the statement plus 1%ofae),pn ryUaveo tete fs oF'amounts 1 the New Balance(excluding late fees andsftfue F IY i It a 01i a � a a, interest on the statement),not to exceed 4%of 1�)�2 � S3�tJl>K3 $ t1 pgr g q`i ii i F al the New Balance;or (3)$15. Up gg ) st� i Then we add late fees on the statement,round toThe7a1h5Y7 ti �ljfee amGltJnfS J5�$ 00 r fir' the nearest dollar,and add any amount past due t ? '"I*"'¢' zQ'the it✓ltnftrsrinr f'2Itl�tit Niue 1&$ However,your Minimum Payment Due will not '��s' exceed your New Balance. Adjusting your If you regularly pay more than the Minimum Payment Due described above,we may adjust it in future Minimum Payment Due billing periods.This may let you make a smaller minimum payment from time to time.But if you then do not regularly pay more than the Minimum Payment Due described above,we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due,we will do so for at least six billing periods in a row.To adjust the Minimum Payment Due,we will not exclude late fees from (1)and not add 1%of the New Balance in(2).Then,if(2)is the highest(but less than 4%of the New Balance),we will add$15.If we do the adjustment,we will not include any new late fees in the Minimum Payment Due. continued on next page... CMAEUACM0000102 Page 4 of 9 fiMERItY�P7 f76�RFSS ...continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due(not adjusted,except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due(not adjusted)is not more than$90 and equals the sum of your payments. However,we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction.You can avoid paying interest on purchases as described below.However,you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by by the Payment Due Date,we will not charge the Payment Due Date,we will not charge interest interest on purchases from the date of your on purchases. payment to the Closing Date of the billing period in If you pay the New Balance on a statement by the which you made that payment.But we will charge Payment Due Date and then you pay less than the interest on purchases from the beginning of that New Balance on the following statement by the billing period until the date of your payment. Payment Due Date,we will not charge interest on you pay the New Balance on each of the next two the portion of the purchase balance that we apply statements by their Payment Due Dates,we will that payment to.But we will charge interest on not charge interest on purchases on the following unpaid purchases. statement. If you do not pay the New Balance on a statement Also,we will not charge interest on purchases on a by the Payment Due Date and then: statement if the Previous Balance on that statement • you pay the New Balance on the next statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance.Different categories of transactions such as purchases and cash advances may have different interest rates.Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions)to figure interest For each day a DPR is in effect,we figure the daily charges for each balance.The total interest charged balance by: for a billing period is the sum of the interest charged taking the beginning balance for the day, on each balance. adding any new charges, Interest subtracting any payments or credits;and The interest charged for a balance in a billing period, making any appropriate adjustments. except for variations caused by rounding,equals: We add a new charge to a daily balance as of its • Average Daily Balance(ADB)x transaction date. • Daily Periodic Rate(DPR)x Beginning balance • number of days the DPR was in effect. For the first day of a billing period,the beginning ADB balance is the ending balance for the prior billing To get the ADB for a balance,we add up its daily period,including unpaid interest.For the rest of the balances.Then we divide the result by the number billing period,the beginning balance is the previous of days the DPR for that balance was in effect.If the day's daily balance plus an amount ofinterest equal daily balance is negative,we treat it as zero. to the previous day s daily balance multiplied by the DPR DPR for that balance.This method of figuring the A DPR is 1/365th of an APR,rounded to one ten- beginning balance results in daily compounding of thousandth of a percentage point.Your DPRs are interest. shown in How Rates and Fees Work on page 2 of When an interest rate changes,the new DPR may Part 1. come into effect during not just at the beginning of the billing period.When this happens,we will EXAMP.tE CalCutatfng Interest 't+ create a new balance and apply the new DPR to it. Assume. aft tyouhave a,srng e.rnfetestrafe of-f To get the beginning balance on the first day for this " ' new balance,we multiply the previous day's daily 1599% your ADB:rs$2 230 and(here are 30` p y y y da s in,the brlbng period balance by the old DPR and add the result to that day's daily balance. 9% The DPR is 15.9 *365'days 0.0438%.�t u 'y"ly ❑s, +: 1 ? Other methods interest fs$ 250 X40.0438%x 30 days $29; ' To figure the ADB and interest charges,we may use other formulas or methods that produce equivalent results.Also,we may choose not to charge interest on certain types of charges. CMAEUACM0000102 Page 5 of 9 Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section(or successor section)of The Wall Street general circulation in New York,New York.Or we Journal.The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall Street Journal 2 If the Prime Rate increases;variable APRs(and days before the Closing Date of the billing period. corresponding DPRs)will increase.In that case,you The Wall Street Journal may not publish the Prime may pay more interest and may have a higher Rate on that day.If it does not,we will use the Prime Minimum Payment Due.When the Prime Rate Rate from the previous day it was published. If The changes,the resulting changes to variable APRs W611 Street Journal is no longer published,we may take effect as of the first day of the billing period. Other important information About Additional At your request,we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers Cardmembers.They do not have accounts with us information about your Account and to discuss it but they can use your Account subject to the terms with them. of this Agreement.You are responsible for all use of If you want to cancel an Additional Cardmember's your Account by Additional Cardmembers and right to use your Account(and cancel their card)you anyone they allow to use your Account.You must must tell us. pay for all charges they make. Converting charges made If you make a charge in a foreign currency,we will interbank rate we identify from customary banking in a foreign currency convert it into U.S.dollars on the date we or our sources on the conversion date or the prior business agents process it.Unless a particular rate is day.This rate may differ from rates that are in effect required by law,we will choose a conversion rate on the date of your charge.We will bill charges that is acceptable to us for that date.The rate we converted by establishments(such as airlines)at the use is no more than the highest official rate rates they use. published by a government agency or the highest Changing your You must notify us immediately if you change the: If you have more than one account,you need to billing address mailing address to which we send billing notify us separately for each account. statements;or We may update your billing"address if we receive. • e-mail address towhich we send notice that your information that it has changed or is incorrect. billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending We may. We may do any of these things at our discretion, your Account cancel your Account, even if you pay on time and your Account is not in • suspend the ability to make charges, default. • cancel or suspend any feature on your Account, If your Account is cancelled,you must destroy your and cards.We may agree to reinstate your Account after • notify merchants that your Account has been a cancellation.If we do this,we may: cancelled or suspended. reinstate any additional cards issued on your If we do any of these,you must still pay us for all Account, charges under the terms of this Agreement. charge you any applicable annual fees,and • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default,we may: • you violate a provision of this Agreement, suspend your ability to make charges, • you give us false information, cancel or suspend any feature on your Account, • you file for bankruptcy, require you to pay more than your Minimum • you default under another agreement you have Payment Due immediately,and with us or an affiliate, require you to pay your Account balance • you become incapacitated or die,.or immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs,including attomeys'fees,that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about term of this Agreement.This may have a negative you,investigate your ability to pay,and obtain impact on your credit record. information about you from other sources.And you If you believe information we have given to a credit agree that we may use such information for any reporting agency is incorrect,write to us at: purposes,subject to applicable law. American Express Credit Bureau Unit,P.O.Box You agree that we may give information about your 981537,EI Paso,TX 79998-1537.When you write Account to credit reporting agencies.We may tell a to us,tell us your Account number and the specific credit reporting agency if you fail to comply with any information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 pMER10>N �RFSS Sending you notices We mail you notices through the U.S.mail,postage prepaid,and address them to you at the latest billing address on our records.Any notice that we send you this way is deemed to be given when deposited in the U.S.mail. We may contact you From time to time,we may contact you about topics to ensure the quality of customer service or when it ranging from servicing to marketing offers to is required by law. collecting amounts you owe.We may monitor and You can choose to not receive marketing offers from record phone calls between you(or any Additional us.To do this,call us at 1-800.297-8378 or log on to Cardmembers on your Account)and us.We do this www.americanexpress.com/cornmunications About insurance products We or our affiliates may tell you about insurance and or another affiliate is the insurer or reinsurer. non-insurance products,services or features that Compensation may influence what products and may have a fee.One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products.The affiliate We may share information about you with our may be compensated for this.The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you.We may be compensated for this behalf.Our affiliates may get additional information. compensation when Amex Assurance Company How we handle electronic When you pay us by check,you authorize us to If we do this,your payment may be deducted from debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day account other asset account. we receive your check.Also,you will not receive We may process the check electronically by that cancelled check with your bank or asset transmitting to your financial institution: account billing statement. • the amount, If we cannot collect the funds electronically,we may • the routing number, issue a draft against your bank or other asset • the account number,and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay.ExpressPay enables you to make charges without having the card swiped or imprinted.You can call us to deactivate ExpressPay at any time.Also,we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute.When you make charges at these agencies,we collect certain charge information.That information may be put to routine uses such as processing,billing and collections.It may also be aggregated for reporting,analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Convenience checks Convenience checks(including balance transfer add the fee to the same balance that we add the checks)are checks that we may send you to access convenience check transaction to. your Account.The following terms will apply to use We will charge$29 each time you ask us to stop of those checks unless otherwise disclosed with the payment on a convenience check. check. A convenience check is not a card.You may not use If you use a convenience check,we may decline it.If convenience checks to pay this or any other account we decline it,you may have to pay returned check with us or our affiliates.If you use a convenience fees or other penalties to whomever you wrote the check,we will apply the: check. • cash advance APR if you make it payable to cash, If you use a convenience check and we honor it,we to you,or to a bank,brokerage or similar asset will charge interest beginning as of the date we account,or to a mortgage or insurance provider. receive the check.You cannot avoid paying interest purchase APR if you make it payable to a on convenience check transactions. merchant. We will charge a fee for each convenience check balance transfer APR if you use it to transfer a transaction.This fee is 3%of the transaction,with a balance from another creditor. minimum of$5.This fee is a finance charge.We will penalty APR if it applies to your Account. Changing benefits We have the right to add,modify or delete any benefit,service,or feature of your Account at our discretion. Assigning the Agreement We may sell,transfer or assign this Agreement and your Account.We may do so at any time without notifying you.You may not sell,assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant,we may credit the Account for all or part of the disputed charge.If we do so,you assign and transfer to us all rights and claims(excluding tort claims)against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount.And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 7 of 9 We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account.They govern without regard to internal principles of conflicts of law.We are located in Utah.We hold your Account in Utah.We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the any claim that you properly file and pursue in RIGHT OR AUTHORITY FOR ANY CLAIMS circumstances and procedures under which a small claims court of your state or TO BE ARBITRATED ON A CLASS ACTION claims may be arbitrated instead of litigated in municipality so long as the claim is individual BASIS OR ON BASES INVOLVING CLAIMS court. and pending only in that court. BROUGHT IN A PURPORTED Definitions Initiation of Arbitration REPRESENTATIVE CAPACITY ON BEHALF As used in this Arbitration provision,the term Any claim shall be resolved,upon the election OF THE GENERAL PUBLIC,OTHER claim means any claim,dispute or by you or us,by arbitration pursuant to this CARDMEMBERS OR OTHER PERSONS controversy between you and us arising from Arbitration provision and the code of SIMILARLY SITUATED.The arbitrator's or relating toyour Account,this Agreement, procedures of the arbitration organization to authority to resolve claims is limited to claims the Electronic Funds Transfer Services which the claim is referred in effect at the time between you and us alone,and the Agreement,and any other related or prior the claim is filed(code),except to the extent arbitrator's authority to make awards is limited agreement that you may have had with us,or the code conflicts with this Agreement. to awards to you and us alone.Furthermore, the relationships resulting from any of the Claims shall be referred to either JAMS or the claims brought by you against us,or by us above agreements,except for the validity, American Arbitration Association(AAA),as against you,may not be joined or enforceability or scope of this Arbitration selected by the party electing to use consolidated in arbitration with claims brought provision.For purposes of this Arbitration arbitration. If our selection of either of these by or against someone other than you,unless provision,you and us also includes any organizations is unacceptable to you,you agreed to in writing by all parties.No corporate parent,or wholly or majority owned may select the other organization within 30 arbitration award or decision will have any subsidiaries,affiliates,any licensees, days after you receive notice of our selection. preclusive effect as to issues or claims in any predecessors,successors,assigns,any For a copy of the code,to file a claim or for dispute with anyone who is not a named party purchaser of any accounts,all agents, other information,contact either:JAMS(1920 to the arbitration.Notwithstanding any other employees,directors and representatives of Main St#300, Irvine,CA 92614 or provision of this Agreement(including but not any of the foregoing,and other persons jamsadr.com)or AAA(335 Madison Ave, limited to the Continuation subsection below) referred to below in the definition of claims. New York,NY 10017 or adr.org). and without waiving either party's right to Claim includes claims of every kind and appeal such decision,should any portion of In addition to the organizations listed above, this Restrictions on Arbitration subsection be nature,including but not limited to,initial claims may be referred to any other deemed invalid or unenforceable,then the claims,counterclaims,cross-claims and third- arbitration organization that is mutually entire Arbitration provision(other than this party claims and claims based upon contract, agreed upon in writing by you and us,or to an sentence)shall not apply. tot,fraud and other intentional torts,statutes, arbitration organization or arbitrator(s) regulations,common law and equity.Claim Arbitration Procedures appointed pursuant to§5 of the Federal also includes claims by or against any third This Arbitration provision is made pursuant to y product,service party using or providing an Arbitration Act,9 U.S.C.§§1-16,as it maybe amended(FAR),provided that any such transactions involving interstate commerce or benefit in connection with any account and shall be governed by the FAA The (including,but not limited to,credit bureaus, organization and arbitrator(s)will enforce the arbitration shall be governed by the applicable third parties who accept the card,third partiesterms the Restrictions on Arbitration tcode,except that this Agreement shall apply if who use,provide or participate in fee-based subsection set forth below. there are any conflicts.The arbitrator shall or free benefit programs,enrollment services Significance of Arbitration apply applicable substantive law consistent and rewards programs,credit insurance IF ARBITRATION IS CHOSEN BY ANY with the FAA and applicable statutes of companies,debt collectors and all of their PARTY WITH RESPECT TO A CLAIM, limitations,shall honor claims of privilege agents,employees,directors and NEITHER YOU NOR WE WILL HAVE THE recognized at law,and,at the timely request representatives)if and only if,such third party RIGHT TO LITIGATE THAT CLAIM IN of either party,shall provide a brief written is a party in connection with the claim.The COURT OR HAVE A JURY TRIAL ON THAT explanation of the basis for the decision.The term claim is to be given the broadest CLAIM.FURTHER,YOU AND WE WILL arbitration proceeding shall not be governed possible meaning that will be enforced and NOT HAVE THE RIGHT TO PARTICIPATE by any federal or state rules of civil procedure includes,byway of example and without IN A REPRESENTATIVE CAPACITY OR AS or rules of evidence.Any party may request limitation,any claim,dispute or controversy A MEMBER OF ANY CLASS OF that the arbitrator expand the scope of that arises from or relates to(a)any of the CLAIMANTS PERTAINING TO ANY CLAIM discovery by doing so in writing and copying accounts created under any of the SUBJECT TO ARBITRATION.EXCEPT AS any other parties,who shall have 15 days to agreements,or any balances on any such SET FORTH BELOW,THE ARBITRATOR'S make objections.The arbitrator will notify the accounts,(b)advertisements,promotions or DECISION WILL BE FINAL AND BINDING. parties of his/her decision within 20 days of oral or written statements related to any such NOTE THAT OTHER RIGHTS THAT YOU any objecting partys submission.The accounts,goods or services financed under OR WE WOULD HAVE IF YOU WENT TO arbitrator shall take reasonable steps to any of the accounts or the terms of financing, COURT ALSO MAY NOT BE AVAILABLE IN preserve privacy.The arbitrator's award shall (c)the benefits and services related to ARBITRATION. be final and binding,except for any right of Cardmembership(including fee-based or free Restrictions on Arbitration appeal provided by the FAA;however,either benefit programs,enrollment services and IF EITHER PARTY ELECTS TO RESOLVE A party shall have 30 days to appeal that rewards programs),and(d)your application CLAIM BY ARBITRATION,THAT CLAIM decision by notifying the arbitration for any account.We shall not elect to use SHALL BE ARBITRATED ON AN organization and any other parties in writing. arbitration under this Arbitration provision for INDIVIDUAL BASIS.THERE SHALL BE NO continued on next page... CMAEUACM0000102 Page 8 of 9 AMERICAN �RFSS ...continued from previous page Payment of Fees arbitration with us. The organization will then appoint a three- You will be responsible for paying your share, Continuation arbitrator panel which shall consider anew if any,of the arbitration fees(including filing, This Arbitration provision shall survive any aspect of the decision objected to by the administrative,hearing and/or other fees),but termination of your Account;voluntary appealing party.The panel shall issue its only up to the amount of the filing fees you decision,b majority vote,within 120 da of would have incurred if you had brought a payment of the Account balance in full ll you; Y 1 tY Ys any legal proceeding by you or us to collect a the appealing party's written notice.Judgment claim in the state or federal court closest to debt owed by the other;any bankruptcy by upon any award rendered by the arbitrator or your billing address that would have had panel may be entered in any court having jurisdiction.We will be responsible for any you or us;and any sale by us of your Account jurisdiction. additional arbitration fees.At your written (in the case of a sale,its terms shall apply to I the buyer of your Account).If any portion of Location of Arbitration request,we will consider in good faith making this Arbitration provision,except as otherwise Arbitration hearings you attend shall take a temporary advance of all or part of your provided in the Restrictions on Arbitration place in the federal judicial district of your share of any arbitration fees.You will not be subsection,is deemed invalid or assessed any arbitration fees in excess of unenforceable,it shall not invalidate the residence. your share if you do not prevail in any remaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our While we investigate whether or not there Your Rights If You Are Dissatisfied With responsibilities under the Fair Credit Billing has been an error: Your Credit Card Purchases Act. We cannot try to collect the amount in If you are dissatisfied with the goods or What To Do If You Find a Mistake on Your question,or report you as delinquent on services that you have purchased with your Statement that amount. credit card,and you have tried in good faith to If you think there is an error on your The charge in question may remain on your correct the problem with the merchant,you statement,write to us at: statement,and we may continue to charge may have the right not to pay the remaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 While you do not have to pay the amount in To use this right,all of the following must be EI Paso TX 79998-1535 question,you are responsible for the true: remainder of your balance. 1.The purchase must have been made in In your tetter,give us the following We can apply any unpaid amount against information: your home state or within 100 miles of your Account information:Your name and your credit limit. current mailing address,and the purchase • account number. After we finish our investigation,one of two price must have been more than$50. • Dollar amount.The dollar amount of the things will happen: (Note:Neither of these are necessary if suspected error. If we made a mistake:You will not have to your purchase was based on an • Description of problem:If you think there is pay the amount in question or any interest advertisement we mailed to you,or if we an error on your bill,describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong and why you believe it is a If we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2.You must have used your credit card for question,along with applicable interest and the purchase.Purchases made with cash You must contact us: fees.We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due.We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3.You must not yet have fully paid for the automated payment is scheduled,if you owe. purchase, want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong,you must write to us within still dissatisfied with the purchase,contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing.You may call us,but if you do we are If you do so,we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill.We must tell you.the EI Paso TX 79998-1535 in question. name of anyone to whom we reported you as delinquent,and we must let those White we investigate,the same rules apply to What Will Happen After We Receive Your q the disputed amount as discussed above. Letter organizations know when the matter hes After we finish our investigation,we will tell When we receive your letter,we must do two been settled between us. you our decision.At that point,if we think you things: If we do not follow all of the rules above,you owe an amount and you do not pay,we may 1.Within 30 days of receiving your letter,we do not have to pay the first$50 of the amount report you as delinquent. must tell you that we received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2.Within 90 days of receiving your letter,we must either correct the error or explain to you why we believe the bill is correct. CMAEUACM0000102 Page 9 of 9 R�rp Blue from American Express" p.1/3 TODD M KELLER Closing Date 12/12/13 Account Ending*1006 Earn points on all of your New Balance $6,269.47 purchases,everywhereyou use - Minimum Payment Due $896.00 the Card. Visit www.americanexpress.com/rewards Includesthe past due amountof$833.00 I j Payment Due Date. 01/06/14 --- -- — -- — Account Summary _ Previous Balance $6,314.47 j Payments/Credits -$45.00 New Charges +$0.00 i Fees +$0.00 i Interest Charged +$0.00 I � i Minimum Payment Warning: If you make only the minimum payment each period, ! New Balance $6,269.47 you Will pay more in interest and it will take you longer to payoff your balance. For Minimum Payment Due $896.00 P Credit Limit $6,900.00 If you make noadditional Youwill payoffthebalance Andyouwillpayan ! Available Credit $630.53 Charges and each month you shown on this statement in estimated total of... Cash Advance Limit $0.00 pay... about... vailableCash $0.00 E I � Onl the 16 ears $12,069 -; Days in Billing Period: 31 Minimum Payment Due y -—- --- '-- If you would like information about credit counseling services,call 1-888-733•4139. Customer Care See pa ge 2 for im portant i nfo rmati on a bout you r acco u nt. j Pay by Computer i amencanexpress.com/pbc .—...._-.._ _;1. O Your account is cancelled. Customer Care Pay by Phone 1-888-258-3741 1-800-472-9297 i See Page 2 for additional information i + Please fold on the perforation below,detach and return with your payment + Payment Coupon PaybyComputer PaybyPhone Account Ending*006 Do not staple oruse paper clips Im americanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Makecheck payableto American Express. TODD M KELLER 885 TORWAY RD Payment Due Date GARDNERS PA 173249097 01/06/14 New Balance $6,269.47 Minimum Payment Due $896.00 AMERICAN EXPRESS. $ Check here ifour address or P.O.BOX 1270 • y NEWARK NJ 07101-1270 AmountEndosed phone number has changed. Note changes on reverse side. 0000349991456259175 00062694700-0089600 08 d TODD M KELLER Account Ending&1006 p.2/3 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 add ressto 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 dollarsand clearableth rough the US banking system;and(3)include your Account number.If your paymentdoes not meet all of the above req uirements,crediting may be delayed and you may incur late payment fees and additional interest charges.Electronic paymentsmust be madethrough an electronic payment method payable in US dollars and clearable th rough the US banking system.If we accept payment in a foreign currency,we will convert it into US dollarsat a conversion ratethat is acceptableto us,unless a particular rate is required by law. Pleasedo not send post-dated checks as they will be deposited upon receipt.Any restrictive language on a payment we accept will have no effect on us without our express priorwritten approval.We will re-presentto your financial institution any payment that is returned unpaid.You may pay more than the Minimum Payment Due,up to your New Balance,at anytime. Permission for Electronic Withdrawal:(1)When you send acheckfor payment,you give us permissionto electronicallywithdraw your paymentfrom your deposit or other assetaccount.We will processchecks electronically bytransmitting the amount of the check,routing number,account number and check serial numberto yourfinancial institution,unlessthe check is not processable electronically or a less costly process isavailable.When we process your check electronically,your payment may be withdrawn from your deposit or other assetaccount as soon as the same day we receive your check,and you will not receive that cancelled check with your depositor other assetaccount statement.If we cannot collect the funds electronically we may issue ad raft 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 servicesof ours received after 8A0 p.m.MST may not be credited until the next day. How We CalculateYourBalance,We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we charge interest on your Account.Call the Customer Service number listed below for more information about this balance computation method and howresulting interest charges are determined. The method we use to figure the ADS and interest results in dailycompoundingofinterest. Payinginterest Your due date is at least 25 days after the close of each billing period.We will not charge you interest on your purchases if you paythe New Balance by the due date each month.We wil I chargeyou interest on cash advances and(unless otherwise disclosed)balance transfers beginning on the transaction date. Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.7%of the converted US dollar amount We will choose a conversion rate that is acceptable to us for that date,unless a particular rate is required bylaw.The conversion rate the use is no morethan the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on the date of your charge.Charges converted by establishments(such as airlines)will be billed at the rates such establishments use. CreditBalance.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 balanceyou do not request 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 maybe reflected in your credit report. Customer Care&Billing Inquiries 1-888-BLUE-741 Hearinglmpaired Website:americanexpress.com 1-688-258-3741 TTY*1-800-221-9950 Mobile5ite:amexmobile.com j International Collect 1-336-393-1111 FAX:1-800-695-9090 I Large Print&Brai11eStatements 1-888-BLUE-741 In NY:1-800-522-1897 Customer Cara 1 1-888-258-3741 &Billing Inquiries Payments CashAdvance atATMs Inquiries 1-800-CASH-NOW I P.O.BOX 981535 P.O.BOX 1270 EL PASO,TX NEWARK NJ 79998-1535 07101-1270 i I Change of Address If correct on front,do not use. I Pay Your Bill with AutoPay , •To change your address online,visitwww.americanexpress.com/updatecontacbrfo , •ForName,Company Name,and Foreign Address or Phone changes,please call Customer Care. Avoid latefees Please print dearly in blue or black ink only in the boxes provided. Save time I Deduct your payment from your bank Street Address , I + I I I I I i account automatically each month i ? Visit americanexpress.com/autopsy City,State C-�lTT-� ;;todayto enroll. i:..............................................................................: Zip Code Area Code and Home Phone Area Code and Work Phone For information on howwe protect your privacy and to set your communication Email and privacy choices,please visit www.americanexpress.com/privacy. J ;,Y,FR,r�N Blue from American Express"' p.3/3 RF.SS TODD M KELLER Closing Date 12112/13 Account Ending 1&1005 Payments and Credits I Summary Total Payments -$45.00 Credits $0:00 Total Payments and Credits .$45.00 --_...v--....——....—__v—__.tee—_...___-___�____ Detail 'Indicates posting date Payments Amount 11/22/13° ONLINE PAYMENT-THANK YOU -$45.00 j Fees Amount Total Fees for this Period $000 Interest Charged Amount Total Interest Chargedfor this Period $0.00 2013 Fees and Interest Totals Year-to-Date ..._ __..._. ._ Amount t Total Fees in 2013 $165:00 ---.......... .... ........_-...------....__...._..._i- 5..0 .. 1 Total Interest in 2013 $619.69 c _M Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subjectto Charge From To Rate Interest Rate Purchases 07/14/2007 15.24%(v) $0.00 $0.00 Cash Advances 07/14/2007 2524%(v), $0.00 $0.00 Total $0.00 M Variable Rate Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY cult,TH!E P OTHONOTAP, • OrFIC'E ;F TkE SI4ERIFF 2tUtifAUG 13 PM 3: 19 CUMBERLAND COUNT PENNSYLVANIA American Express Centurion Bank vs. Todd Keller Case Number 2014-4571 SHERIFF'S RETURN OF SERVICE 08/06/2014 07:10 PM - Deputy Jamie DiMartle, 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: Todd Keller at 885 Torway Road, Dickinson Township, Gardners, PA 17324. E DIMARTLE, DEPUTY SHERIFF COST: $40.43 SO ANSWERS, August 07, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Shentt. "tekoseft. Inc. Our File No.: 369991 Apothaker Scian P.C. -HE PROT1i0rOTA By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 SEP I 2 PM 12: 1 520 Fellowship Road Suite C306, PN ‘ID COUNTY Mt. Laurel, NJ 08054-5496 LVAN1 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff, vs. TODD KELLER A/K/A TODD M ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) DOCKET NO.: 14-4571 CIVIL TERM ) ) ) Civil Action KELLER ) STIPULATION IN LIEU OF JUDGMENT ) Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 19, 2014, STIPULATED by and between AMERICAN EXPRESS CENTURION BANK ("Plaintiff') and TODD KELLER A/K/A TODD M KELLER ("Defendant"), as follows: Plaintiff filed suit in the above captioned matter seeking damages in the amount of $6,269.47, plus court costs in the amount of $154.18, for a total of $6,423.65. 2. Defendant agrees to remit payment(s) in the following manner: a. $109.00 to be paid on or before the 30th day of each month, beginning August 30, 2014 until paid in full. You or your representative authorized twelve (12) post-dated checks, listed above. 3. All payments shall be made payable to "AMERICAN EXPRESS CENTURION BANK", and sent to the office of Plaintiffs attorney, Apothaker Scian P.C., located at the following address: Apothaker Scian P.C. 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm En ed in Debt Collection By: Benjami trW ava aro, Esquire Atto ey ID# 307949 By: TODD LER A/K/A TODD M KELLER Defendant 2