HomeMy WebLinkAbout14-5267 Supreme Co 0 1fi-fTennsylvania
Cono Cd m nj, leas For Prothonotary Use Only:
T�4��
Docket No: S?1
CUMBERl ,Nb
��� County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S n Complaint D Writ of Summons ® Petition
Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
AMERICAN EXPRESS BANK FSB DAN MEYER
T Dollar Amount Requested: [within arbitration limits
I Are money damages requested? R Yes 0 No
(check one) ®outside arbitration limits
U
N Is this a Class Action Suit? 0 Yes iXi No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff/Appellant's Attorney: AMY F DOYLE, ESQUIRE
El 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
0 Intentional 0 Buyer Plaintiff Administrative Agencies
n Malicious Prosecution F1 Debt Collection:Credit Card Q Board of Assessment
® Motor Vehicle Q Debt Collection:Other Q Board of Elections
n Nuisance 1 Dept.of Transportation
E3 Premises Liability ® Statutory Appeal:Other
S ® Product Liability(does not include
E mass torn � Employment Dispute:
Slander/Libel/Defamation Discrimination
C Other: 0 Employment Dispute:Other Zoning Board
T 0 Other:
I
Q Other:
O MASS TORT
Asbestos
N ® Tobacco
Toxic Tort-DES
® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
Other: Ii Ejectment Common Law/Statutory Arbitration
B Q Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent -i Mandamus
n Landlord/Tenant Dispute Non-Domestic Relations
Q Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Quo Warranto
® Dental ®Partition Replevin
[] Legal [3 Quiet Title D Other:
n Medical Other:
Other Professional:
Updated 1/112011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA /
AMERICAN EXPRESS BANK, FSB NO. CD
4315 SOUTH 2700 WEST
SALT LAKE CITY, UT 84184
PLAINTIFF
-
VS. R .
S"
O od
DAN MEYER Z CD
486 LEWISBERRY RD
NEW CUMBERLND PA 17070-2310
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 Cty Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
S
(J-" C
FILE NO. 10008680 I Q 7
��as �
_l
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.
DAN MEYER
486 LEWISBERRY RD
NEW CUMBERLND PA 17070-2310
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 acci6n 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 Cty Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
800/990-9108
FILE NO. 10008680
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.
DAN MEYER
486 LEWISBERRY RD
NEW CUMBERLND PA 17070-2310
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, DAN MEYER, is an adult individual, residing at 486 LEWISBERRY RD,
NEW CUMBERLND PA 17070-2310, 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 mailed 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. 10008680
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$17,155.11. 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$17,155.11,plus costs.
FILE NO. 10008680
WHEREFORE, American Express demands judgment against Defendant on Count 1 in the
sum of$17,155.11,plus costs.
Respectfully submitted,
Amy F. Do , 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
FILE NO. 10008680
VERIFICATION
I, Amy F. Doyle am the attorney for the plaintiff, and I make this Verification on behalf
of the Plaintiff, American Express Bank, FSB. The plaintiff is outside the jurisdiction of the
court and the verification of the plaintiff cannot be obtained within the time allowed for the filing
of the pleading. I verify that the statements in the Complaint are true and correct based upon my
knowledge, information and belief,pursuant to PA RCP 1024.
Date:
on behalf of eri an Express Bank, FSB
Re: MEYER, DAN
EXHIBIT"A"
AMERICAN SimplyCash® Business Credit Card 1 ' P. 1/9
EXPRESS FRE FLOW
sM
DAN MEYER
Closing Date 06/22/11 Account Ending 7-41003
Earn 5%Cash Back on Office
New Balance $21,535.17 Supplies and Wireless Services
Minimum Payment Due $495.00
Payment Due Date 07/17/11 Account Summary
Late Payment Warning: If we do not receive at least the Minimum Payment Previous Balance $23,555.02
Due by the Payment Due Date listed above,you may be assessed a late fee and Payments/Credits -$2,500.00
your APR may be increased to a Penalty APR. New Charges +$0.00
Fees +$0.00
Interest Charged +$480.15
ASee page 2 for important information about your account. .
0 Your account is overlimit. Please pay at least $835.17, plus any
additional charges incurred on your account since the date of this billing New Balance $21,535.17
statement. If you would like to receive email alerts about payments, Minimum Payment Due $495.00
spending or fraud protection, you can sign up at
americanexpress.com/alerts. Credit Limit $20,700.00
Available Credit $0.00
D See Page 9 for important information about your account and an Cash Advance Limit $t,o0.00
updated copy of your Cardmember Agreement. Available Cash $0.00
Days in Billing Period: 30
Customer Care
Pay by Computer
open.com/pbc
Customer Care Pay by Phone
1-800-521-6121 1-800-472-9297
Oseepage 2 for additional information.
+ Please fold on the perforation below,detach and return with your payment +
®Payment Coupon Pay by Computer Pay by Phone Account Ending 7-41003
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.
DAN MEYER
FREE FLOW Payment Due Date
486 LEWISBERRY RD 07/17/11
NEW CUMBERLND PA 17070-2310 New Balance
$21,535.17
IuIIII�I�IIIn�Iuilll�i�nlllnlln��IIII�III��I��II�uI�I�I Minimum Payment Due
$495.00
AMERICAN EXPRESS $
P.O.BOX 1270 Amount Enclosed
Check here if your address or NEWARK NJ 07101-1270
phone number has changed.
Note changes on reverse side. IIIIuI��iluillllnlulll�Illlnllllnllll�nl���IIIuI�I�iII
0000349991565127925 002153517000049500 19 H
DAN MEYER Account Ending 7-41003 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 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 maybe 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.
Pleasedo not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on
us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid.
Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your paymentfrom
your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number
and check serial number to your financial institution,unless the check is not processable electronically or a less costly process is available.When we
process your check electronically,your payment 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 CalculateYour Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we
charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and
how resulting interest charges are determined. The method we use to calculate the ADB and interest results in doilycompounding of interest.
Paying Interest:Your due date is at least 25 days after the Closing Date of each billing period.We will not charge you interest on your purchases if you
pay the New Balance by the due date each month. We will charge you interest on cash advances and(unless otherwise disclosed)balance transfers
beginning on the transaction date.
Foreign Currency Charges: If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it.
We will charge fee of 2.7%of the converted US dollar amount.We will choose a conversion rate that is acceptable to us for that date,unless a
particular rate is required by law.The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on
the date of your charge. Charges converted by establishments(such as airlines)will be billed at the rates such establishments use.
Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a
check for the credit balance within 30 days if the amount is$1.00 or more.
Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your
Account may be reflected in your credit report.
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 1-800-521-6121 Hearing Impaired Website:americanexpress.com
International Collect 1-623-492-7719 M:1-800-221-9950 Mobile Site:amexmobile.com
Large Print&Braille Statements 1-800-521-6121 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
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 j 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 your
Work Phone
privacy and to set your communication
Email and privacy choices,please visit
www.americanexpress.com/privacy.
AMERIG4N SimplyCash° Business Credit Card p 3/9
EXPRESS FREE FLOW
SmDAN MEYER
closing Date 06/22/11 Account Ending 7-41003
Payments and Credits
Summary
Total
Payments -$2,500.00
Credits
$0.00
Total Payments and Credits -$2,500.00
Detail 'Indicates posting date
Payments Amount
05/26/11* ONLINEPAYMENT-THANKYOU -$2,500.00
Fees
Amount
Total Fees for this Period $0.00
Interest Charged
Amount
06/22/11 Interest Charge on Purchases $480.15
Total Interest Charged for this Period $480.15
2011 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2011 _ _ _ $149.00
Total Interest in 2011 $3,297.73
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
Annual Balance5ubject Interest
Percentage Rate to Interest Rate Charge
Purchases 27.24%(v) $21,454.61 $480.15
Cash Advances 27.24%(v) $0.00 $0.00
Total
$480.15
(v)Variable Rate
DAN MEYER Account Ending 7-41003 P 4/9
.4MERIWN
EXPRESS FREE FLOW p.5/9
DAN MEYER
Closing Date 06/22/11 Account Ending 7-41003
Cash Rebate Earning Summary
03/27/11 - 04/24/11
Base Cash Rebate Earned
03/27/11 - 04/24/11 Qualified Spend$ Cash Rebate Earned
Office Supplies $0.00 @5% $0.00
Wireless $0.00 @5% $000
Gas $0.00 @3% $0.00
Everywhere Else $0.00 @1% $000
Total $0.00 $0.00
Year to date Qualified Spend$ Cash Rebate Earned
Office Supplies $0.00 @5% $000
Wireless $0.00 @5% $000
Gas $913.32 @3% $27.40
Everywhere Else $4,981.27 @1% $49.82
Total $5,894.59 $77.22
Important Messages
You will earn a cash reward of 1%for gasoline purchases that exceed 75 gallons per transaction or are not deemed to be for automobile
gasoline.
Earn Cash Back Everywhere You Use the Card
Remember,you earn 5%cash back on all eligible office supplies and wireless purchases,3%cash back on automobile gas purchases,and 1%
on everything else.
You can also earn cash back on the purchasesyour employees make.Just request Additional Cardsfor your employees.They're fee-free and
they can give you an easierway to track your company's expenses.Just call 1-800-521-6121 to request Additional Cards.
Terms and Conditions
There is no limit to the amount of cash back you can earn.Monthly rebates on the amount of your eligible purchases(net of credits for
purchases)are based on the following structure:You will earn a rebate of 5%on eligible purchases made in the United States from wireless
telephone service providers and office supply specialty retailers. Rebates for eligible purchases from wireless telephone service providers and
office supply specialty retailers will be limited to the first$12,000 of eligible purchases in each of these categories each calendar year.
Instead of a 5%rebate,you will earn a rebate of 1%for eligible purchases at wireless telephone services providers in excess of$12,000 in any
calendar year;office supply specialty retailers in excess of$12,000 in any calendaryear;and superstores or warehouse clubs. Youwillearna
rebate of 3%on eligible purchases of automobile gasoline at stand-alone gas stations in the United States,and such rebate will be limited to
the first$12,000 of eligible purchases in each calendar year.Instead of a 3%rebate,you will earn a rebate of 1%for automobile gasoline
purchases over$12,000 in any calendar year;automobile gasoline purchases at superstores or warehouse clubs;and any individual purchase
of gasoline over 75 gallons(or its cash equivalent).
i
DAN MEYER Account Ending 7-41003 p.6/9
AMERICAN OPEN Savingss" Summary p.7/9
EXPRESS Prepared For Account Ending
DAN MEYER 7-41003
FREE FLOW
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.
Felfixm FedEx. FredEacOffice� a ', iTran
Save 5% Save 5Grou d Save 5% Save up to 10% Save 5%
@M88` hpdirect.com H YAZ T. OsYmantec. IRON MOUNTAIN`
Save 5% Save 51/o Save 3% Save 10% Save 10%
on transactions of$100 or more.
W awe
COO ARD Resldenc® Yba lacm SPRInGHILL
® NmESURES kerrlott qa Jpa
Save 5% Save 5% Save 5% Save 5% Save 5%
4
EPSON' BARNES&NBBLEC Logo r � rao�o rs.� 0 CARET
igS--
MEED YOIlH 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.
DAN MEYER Account Ending 7-41003 p.gig
AMERICAN
EXPRESS P.9/9
a
Re: SimplyCash(SM) Business Card
Account ending in: 41003 06/20/2011
Dear Dan Meyer,
We'd like to inform you that we're changing the overlimit fee, late payment fee, returned payment fee and the
minimum payment due. These changes are summarized below.
In an ongoing effort to be clear and transparent, we've rewritten your Cardmember Agreement so it's easier to use
and understand. We've enclosed your new Cardmember Agreement,where you can find information about how
your account works.
You can learn more about how to manage your card account and protect your credit with simple tips, advice, and
explanations by visiting www.open.com/smartcredit.
Important
The following is a summary of changes to your account terms. For more detailed information, please see the
reverse side of this letter.
Revised Terms, effective immediately
Overlimit Fee None
Revised Terms, as of August 1, 2011
Late Payment Fee Up to$35
Returned Payment Fee $35
Minimum Payment Due • Your Minimum Payment Due will be at least$35. However, it will
not exceed the New Balance shown on the statement.
• If your New Balance on a statement exceeds your credit limit, we
will add 1/24th of the overlimit amount to your Minimum Payment
Due.
Thank you for your Cardmembership. We look forward to continuing to serve you.
Sincerely,
American Express
See reverse side for important information.
CMAEUALE0000106
Notice of Changes to the Enclosed Cardmember Agreement
The terms of your Account are subject to change in accordance with the American Express
ember
Agreement("Agreement")governing your Account referenced in or with this notice. An Ian
Agreement contrary to or conflicting with terms amended herein is replaced fully and completely.ardor l term
Agreement not amended herein remain in full force and effect. These changes apply to existing
bin the enclosed
future balances on your Account. We urge you and any Additional Cardmembers on our Account
All terms this that
notice carefully and file it along with your Agreement in a safe place for future reference. ng balances and
Overlimit Fee
Y ccount to read this
We no longer charge Overlimit Fees. However, exceeding
Accordingly, effective immediately, the description of how the Overlimit Fee works on Page 2
enclosed Cardmember Agreement is deleted and replaced with he following:may result in a Penalty APR.
"None. However, exceedingY y 9 of Part 1 of the
apply above."
your Credit Limit may result in a Penalty APR. See When the penalty APR will
Late Payment Fee
On August 1, 2011, we are changing how your Late Fee is calculated. Accordingly, effective August
Late Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted
with "Up to$35".Also effective August 1, 2011, the description of how the Late Payment Fee woksn gage the
deleted and replaced with the following: and replaced
ron Page 2 is
Up to$35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is
However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in
APR. See When the penalty APR will apply above." $35.
Returned Payment Fee a Penalty
On August 1, 2011, we are reducing your Returned Payment Fee to$35. Accordingly, effective Au
the Returned Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is
replaced with "$35".Also effective August 1, 2011, the description of how the Returned Payment Fee works
1, s on
Page 2 is deleted and replaced with the following: deleted and
"$35 if your payment is returned unpaid the first time we present it to your bank. A returned payment works o l
result in a Penalty APR. See When the penalty APR will apply above."
Minimum Payment Due P Y ent may also
On August 1, 2011, we are changing how your Minimum Payment Due is calculated. According I Y effective
August 1, 2011, the How we calculate your Minimum Payment Due section in Part 2 of the enclose
Cardmember Agreement is deleted and replaced with the following:
"To calculate the Minimum Payment Due for each statement, we start with the highest of the following three
amounts:
(1)2% of the New Balance (excluding any overlimit amount and late fees on the statement); or
(2) interest charged on the statement plus 1% of the New Balance (excluding any overlimit amount I
and interest on the statement), not to exceed 4% of the New Balance; or
(3)$35. ate fees
Then we add any late fees shown on the statement and 1/24th of any overlimit amount, round to the
dollar, and add any amount past due.
However, your Minimum Payment Due will not exceed your New Balance. nearest
EXAMPLE.Minimum Payment Due
Assume that your New Balance is$3,000, interest is$29.57(see the example on the next page) and
have no overlimit amount, late fees or amounts past due.
(1) 2%x$3,000=$60.00 g ) you
(2) $29.00 +
(3) $35.00 1%x($3,000-$29.57) _$59.27
The highest of the three amounts is$60.00.
So the Minimum Payment Due is$60.00.,,
Also effective August 1, 2011, the dollar amount shown in the last paragraph of Adjusting your Minimum Payment
Due is deleted and replaced with "$210"and the second paragraph is deleted and replaced with the
"Too adjust the Minimum Payment Due, we will not exclude late fees and the overlimit amount from
1% of the New Balance in (2). Then, if(2) is the highest(but less than 4% of the New Balance we will
$15. If we do the adjustment, we will not add 1/24th of the overlimit amount or any new late fees i the nor add
Minimum Payment Due." ) will add
n the
CMAEUALE0000106
HMERICgN
EXPRESS
Cardmember Agreement: Part 1 of 2
SimplyCash(SM) Business Card As of: 06/20/2011
Issuer:American Express Bank, FSB Company Name: FREE FLOW
Credit Limit: $20,700 (Cash Advance Limit:$1,000) Cardmember Name: Dan Meyer
Rates and Fees Table Account Ending In:41003
Annual Percentage Rate
(APR)for Purchases 110.24
a�o (Prime Rate+6.99%)
This APR will
based
APR for Cash Advances 21.24% (PrimeRate 7n the Prime Rate.
a
Penalty APR and When it 27.24%(Pr meThis APR wllRate+23.99%)vary based e Prime Rate.
Applies
This APR will vary based on the Prime Rate.
This APR will apply to all balances on your account if.-
1) make a payment that is returned;
2) make 2 late payments in 12 months; or
3) go over your credit limit 3 times in 12 months.
How Long Will the Penalty APR Apply? If the Penalty APR is applied for
any of these reasons, it will apply, subject to applicable law, for at least 12
billing periods in a row. In addition, the Penalty APR will continue to apply
until after you have made timely payments, with no returned payments and
without going over your credit limit, for 12 billing periods in a row.
Paying Interest Your due date is at least 25 days after the close of each billing
eriod. We
not charge you interest on purchases if you pay your entire blance by he dule
date each month. We will begin charging interest on cash advances on the
transaction date.
Annual Membership Fee None
Transaction Fees
•Cash Advance Either$5 or 3%of the amount of each cash advance whichever
whichever is greater.
• Foreign Transaction 2.7%of each transaction after conversion to US dolla
Penalty Fees
•Late Payment $$389 if balance is less than $400;$38 if balance is$400 or more.
•Returned Payment
•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.
CMAEUAA000ool 13
Page 1 of 11
How Rates and Fees Work
Calculating The Annual Percentage Rate(APR)for variable rates is determined by adding an amount(margin)
APRs and DPRs to the Prime Rate(see Determining the Prime Rate in Part 2). The Daily Periodic Rate(DPR)is
11365th of the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime+Margin APR
Purchase Prime+6.99% ° DPR
Cash Advance Prime+ 17,99p 10.24°% 0.0281%
Penalty Prime+23.99% 21.24% 0.0582%
27.24/0 0.0746%
When the penalty The Penalty APR will apply to all balances on your account if:
APR will apply you do not pay at least the Minimum Payment Due by its Payment Due Date 2 times in 12 billing
periods,
• you exceed your Credit Limit 3 times in 12 billing periods,or
• your payment is returned by your bank.
Now long the penalty The penalty APR will apply until after you have made timely payments,with no returned payments
APR will apply I and without going over your credit limit,for 12 billing periods in a row.
We add fees to a purchase balance., unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Late Payment If we do not receive the Minimum Payment
Due by its Payment Due Date, we will charge If the Previous Balance is: The lIfeeis:you a late fee. The amount of the late fee less than$400depends on the Previous Balance shown on the billing statement showing the late fee. $400 or more
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 a
returned unpaid.We will also charge you the unpaid amountved locations and the check is
Overlimit None. However, exceeding your Credit Limit may result in a Penalty APR. See When the penalty
APR will apply above.
Balance Transfer The fee will be stated in a promotional offer or at the time of a transaction.This fee is a finance
charge.We will add it to the same balance as the balance transfer.
Cash Advance 31X of the withdrawal and other services you obtain(including any fee charged by the ATM
operator),with a minimum of$5. We will add this fee to the cash advance balance.
Foreign Transaction 2.7%of the converted U.S.dollar amount.This fee is a finance charge.See Part 2 for Converting
charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
CMAEUAA00000113
Page 2 of 11
AMERICAN
EXPRESS
Supplement to the Cardmember Agreement
How Your Reward Program Works
SimplyCash®
How you earn a rebate You earn a rebate for eligible purchases on Eligible purchases are purchases for goods
your American Express SimplyCash® and services minus returns and other credits.
Business Credit Card (Card Account). The Eligible purchases do NOT include:
rebate is based on a percentage of the • fees or interest charges,
eligible purchases you make during a • balance transfers,
calendar year. • cash advances,
You will earn a rebate of 5%on eligible • purchases of traveler's checks,
purchases made in the U.S.from wireless • purchases or reloading of reloadable
telephone service providers and office prepaid cards,or
supply specialty retailers. However, instead purchases of any cash equivalents.
of 5%, you will earn a rebate of I%for You will NOT receive a rebate of 3%or 5%if
eligible purchases at: a merchant does not submit the purchase
• wireless telephone service providers in using the correct industry or merchant code.A
excess of$12,000 in any calendar year. merchant with more than one location may
• office supply specialty retailers in excess of submit purchases using different codes.This
$12,000 in any calendar year. means that purchases at some locations
• superstores or warehouse clubs. would receive a higher rebate,while
You will earn 3%on eligible purchases of purchases at other locations of the same
merchant would receive a lower or no rebate.
automobile gasoline at stand-alone gas
stations in the U.S. However, instead of 3%,
You will earn a rebate of 1%for:
• automobile gasoline purchases over
$12,000 in any calendar year.
• automobile gasoline purchases at
superstores or warehouse clubs.
• any individual purchase of gasoline over
75 gallons(or its cash equivalent).
You will earn a rebate of 1%on all other
eligible purchases.
How you will get your You will receive your rebate as a statement credit. The rebate will appear on the second billing
rebate statement after the billing statement on which the eligible purchases appear.
When you will forfeit your If the Minimum Payment Due is not paid by You will forfeit your rebate if your Card
rebate the Closing Date of the billing period in which Account is cancelled before we issue thea
it is due,you will forfeit the rebate earned credit.
during that billing period.
Other things you should You may forfeit some or all of the rebate you If there is a dispute with any of your
know about this program have earned for items that are not purchased purchases,the amount of that purchase will
for use or consumption by the Company in not count toward your rebate until the dispute
its ordinary course of business.
is resolved.
We may change the terms of this program at If a credit to your Card Account places your
our discretion. annual eligible purchases in a negative status,
If you violate or abuse this program,you may the rebate on your billing statement will show
forfeit the rebate. a zero balance.The statement will show a
zero balance until you accumulate eligible
purchases equal to the negative balance.
CMAEUAPS0000133
Page 3 of 11
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CMAEUAPS0000133 Page 4 of 11
HMERICANRESS
EXP
Cardmember Agreement: Part 2 of 2 CD 27745
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
means the person who applied for this Account or to the Account,such as purchases,cash advances,
whom we address billing statements. Company means balance transfers,fees and interest charges.A
the business for which the Account is established. You purchase is a charge for goods or services.A cash
and your mean the Basic Cardmember and the advance is a charge to get cash or cash equivalents.A
Company.You agree,jointly and severally,to be bound balance transfer is a charge to pay an amount you owe
by the terms of this Agreement. on another credit card account.
To pay by a certain date means to send your payment so
that we receive it and credit it to your Account by that
date(see About your payments in Part 2).
Additional At your request,we may issue cards to Additional
ell Additional Cardmembers that:
Cardmembers Cardmembers.They do not have accounts with us but Ywe may ou must tobtain,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
the Account.You must pay for all charges they make. them.
You must share this agreement with all Additional
Cardmembers. If you want to cancel an Additional Cardmember's right
to use your Account(and cancel their card)you must
tell us.
Replacement Basic You must tell us if the Basic Cardmember is no longer an obligations and liabilities of the Basic Cardmember under
Cardmember employee or officer of the Company or does not want to this Agreement,as of the date that such person replaces
be the Basic Cardmember.In that case,you must either the Basic Cardmember.That person is subject to our
close the Account,or propose another person to replace approval.
the Basic Cardmember.
You agree that the Basic Cardmember remains the Basic
If you propose another person to replace the Basic Cardmember until we approve a replacement or the
Cardmember,that person must agree to assume the Account is closed.
About using your card
Using the card Cards may be used for purchases.At our discretion,we intervals.We may(but are not required to)tell these
may permit you to make cash advances or balance merchants about the Account status or changes to the
transfers.You cannot transfer balances from any other applicable card number or expiration date.You must
account issued by us and/or our affiliates.Each notify the merchants directly if you want them to stop
Cardmember acknowledges and agrees that cards are charging the Account.
intended to be used for the Company's commercial or
business purposes. Keep the cards safe.Do not let anyone use them.If a
card is lost or stolen or the Account is being used without
You,or any Additional Cardmembers,may arrange for permission,contact us right away.The Account may not
certain merchants to charge the Account at regular be used for illegal activities.
Promise to pay You promise to pay all charges,including: • charges that Additional Cardmembers make or permit
• charges you make,even if you do not present your others to make.
card or sign for the transaction,
• charges that other people make,whether or not you or Additional Cardmembers agree to be personally liable for
an Additional Cardmember intend to let them use the charges made using their card.We may seek payment
Account,subject to applicable law,and from them for charges made on their card if neither the
Company nor the Basic Cardmember pay us.
CMAEUACM000010g Page 5 of 11
Credit limit and We assign a Credit Limit to the Account.We may make You agree to manage the Account so that:
cash advance limit part of the Credit Limit available for cash advances
(Cash Advance Limit).There may also be a limit on the Inot morrehan thelCredit lLimitt,,landees and interest)is
amount you can withdraw from ATMs in a given period. • the cash advance balance(including fees and
The Credit Limit and Cash Advance Limit are shown on interest)is not more than the Cash Advance Limit.
page 1 of Part 1 and on each billing statement.
We may increase or reduce the Credit Limit and Cash balnce We may approve charges that cause the Account
this,we my
Advance Limit.We may do so even if you pay on time charge atfee and asses a po go over thelenalty APR.ILimit.If weIff we ask you to
and the Account is not in default.
promptly pay the amount of the Account balance above
the Credit Limit,you agree to do so.
Declined We may decline to authorize a charge.Reasons we may We are not responsible for any losses you or any
transactions do this include suspected fraud and our assessment of Additional Cardmembers incur if we do not authorize a
your creditworthiness.This may occur even if the charge charge.And we are not responsible if any merchant
would not cause you to go over your Credit Limit and refuses to accept the card.
your Account is not in default.
About your payments
When you must You must pay at least the Minimum Payment Due by least the Minimum Payment Due in such time and
pay the Payment Due Date.The Minimum Payment Due and manner by the Payment Due Date shown on your billing
Payment Due Date are shown on each billing statement. statement.
Each statement also states the time and manner
by which you must make your payment for it to be Each statement also shows a Closing Date.The
our Closing Date is the last day of the billing period covered
credited as of the same day it is received.For
statement.Each Date is
payment to be considered on time,we must receive at after the previous state elnt's Closing Dabeut 30 days
How to make Make payments to us in U.S.dollars with:
statement. If on receive it after that time,t. will credit
payments a single check drawn on a U.S.bank,or
• a single negotiable instrument clearable through the the payment on the day after we receive it.
U.S.banking system,for example a money order,or If your payment does not meet the above requirements,
• the there may be a delay in crediting the Account.This may
an electronic payment that can be cleared through
U.S.banking system. result in late fees and additional interest charges(see
When making a payment by mail: How Rates and Fees Work on 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
payment coupon on the billing statement,and into U.S.dollars,unless the law requires us to use a
• write the Account number on your check or negotiable particular rate.
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 this
long as we receive it by the time disclosed in the billing Agreement.
How we apply The Account may have balances with different interest In most cases,we apply a credit to the same balance as
payments and rates.For example,purchases may have a lower interest the related charge.For example,we apply a credit for a
credits rate than cash advances.If the Account has balances purchase to the purchase balance.We may apply
with different interest rates,we apply your payments first payments and credits within balances,and among
to the balance with the lowest interest rate,and then to balances with the same interest rate,in any order we
balances with higher interest rates.
About your Minimum Payment Due choose.
NOW we calculate To calculate the Minimum Payment Due for each
your Minimum statement,we start with the highest of the following
Payment Due three amounts: EXAMPLE:Minimum Payment Due
(1)2%of the New Balance(excluding late fees and Assume that your New Balance is$3,000,
overlimit fees on the statement);or interest is$29.57(see the example on the next
(2)interest charged on the statement plus I%of the New page),and you have no late fees,overlimit fees
Balance(excluding late fees,overlimit fees and or amounts past due.
interest on the statement),not to exceed 4%of the (1) 2%x$3,000=$60.00
New Balance;or
(3)$15. (2) $29.57+ 1%x($3,000-$29.57)=$59.27
(3) $15.00
Then we add late fees and overlimit fees on the The highest of the three amounts is$60.00.
statement,round to the nearest dollar,and add any
amount past due.However,your Minimum Payment Due So the Minimum Payment Due is$60.00.
will not exceed your New Balance.
CMAEUACM0000109
Page 6 of 11
AMERIG'iN
EXPRESS
t
Adjusting If you regularly pay more than the Minimum Payment Due described above,we may adjust it in future billing
Your Minimum periods.This may let you make a smaller minimum payment from time to time.But if you then do not regularly pay
Payment Due 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 11%of the New Balance in(2).
Then,if(2)is the highest(but less than 4%of the New Balance),we will add$15.If we do the adjustment,we will
not include any new late fees in the Minimum Payment Due.
We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments
Due(not adjusted,except any amount past due is counted only in the first of those six periods).We will also make
the adjustment if over six billing periods the sum of the Minimum Payments Due(not adjusted)is not more than$90
and equals the sum of your payments.However,we will not make the adjustment if the sum of Minimum Payments
Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero.
About interest charges
When we charge We charge interest beginning on the date of each transaction.You can avoid paying interest on purchases as de-
interest scribed below.However,you cannot avoid paying interest on cash advances and balance transfers.
If you pay the New Balance on every statement by the purchases from the beginning of that billing period until
Payment Due Date,we will not charge interest on the date of your payment.
purchases.
If you do not pay the New Balance on a statement by the
If you do not pay the New Balance on a statement by the Payment Due Date and then you pay the New Balance
Payment Due Date and then you pay the New Balance on each of the next two statements by their Payment
on the next statement by the Payment Due Date,we will Due Dates,we will not charge interest on purchases on
not charge interest on purchases from the date of your the following statement.
payment to the Closing Date of the billing period in which
you made that payment.But we will charge interest on Also, a will not charge interest on purchases on a
statement if the Previous Balance on that statement is
zero or a credit balance.
How we calculate We calculate interest for a billing period by first calculating the interest on each balance.Different categories of
interest transactions such as purchases and cash advances may have different interest rates.Balances within each
category may also have different interest rates.
We use the Average Daily Balance method(including Daily Balance
new transactions)to calculate interest charges for each For each day a DPR is in effect,we calculate the daily
balance.The total interest charged for a billing period is balance by:
the sum of the interest charged on each balance.
• taking the beginning balance for the day,
Interest adding any new charges,
The interest charged for a balance in a billing period, subtracting any payments or credits;and
except for variations caused by rounding,equals: making any appropriate adjustments.
• Average Daily Balance(ADB)x We add a new charge to a daily balance as of its
• Daily Periodic Rate(DPR)x transaction date.
• number of days the DPR was in effect.
ADB Beginning balance
To get the ADB for a balance,we add u its dail For the first day of a billing period,the beginning balance
P y is the ending balance for the prior billing period,including
balances.Then we divide the result by the number of unpaid interest.For the rest of the billing period,the
days the DPR for that balance was in effect.If the daily beginning balance is the previous day's daily balance
balance is negative,we treat it as zero. plus an amount of interest equal to the previous day s
DPR daily balance multiplied by the DPR for that balance. 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
EXAMPLE:Calculating Interest into effect during not just at the beginning of the billing
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
15.99%,your ADB is$2,250 and there are 30 days in balance on the first day for this new balance,we multiply
the billing period. the previous day's daily balance by the old DPR and add
The DPR is 15.99%+365 days=0.0438% the result to that day's daily balance.
Interest is$2,250 x 0.0438%x 30 days=$29.57 Other methods
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.
CMAEUACM0000109 Page 7 of 11
Determining the We use the Prime Rate from the Money Rates section Rate from any other newspaper of general circulation in
Prime Rate (or successor section)of The Wall Street Journal.The New York,New York.Or we may choose to use a similar
Prime Rate for each billing period is the Prime Rate
published in The Wall Street Journal 2 days before the published rate.
Closing Date of the billing period. If the Prime Rate increases,variable APRs(and
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 Street resulting changes to variable APRs take effect as of the
Journal is no longer published,we may use the Prime first day of the billing period.
Other important information
Closing your You may instruct us to close the Account by calling us or The Basic Cardmember and the Company remain jointly
Account writing to us.The Basic Cardmember agrees to inform and severally liable for all Charges made on the Account.
the Company prior to instructing us to do so.
Changing the We may change the terms of,or add new terms to,this This written Agreement is a final expression of the
Agreement Agreement.We may apply any changed or new terms to agreement governing the Account.The written
any existing and future balances on the Account,subject Agreement may not be contradicted by any alleged oral
to applicable law.
agreement.
Converting Charges 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
billing statement is available online. We may update your billing address if we receive
• telephone and fax numbers. information that it has changed or is incorrect.
• legal entity of the Company.
• tax identification number.
Cancelling or We may:
sus elfin We may do any of these things at our discretion,even if
P g your cancel the Account. you pay on time and the Account is not in default.
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 charges reinstate any cards,including additional cards.
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 us balance immediately.
or an affiliate, • require you to pay more than your Minimum Payment
• you become incapacitated or die,or Due immediately.
• we believe you are unable or unwilling to pay your
debts when due.
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
Cardmembers'ability to pay,and obtain information Your or any Additional Cardmember's credit report.
If you believe information we have given t: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
information for any purposes,subject to applicable law. Express Credit Bureau Unit,P.O.Box Sell us TX t EI Paso,
8-1537.When you write to
You agree that we may give information about the information you believe is incorrect.us,tell us the specific
Account to credit reporting agencies.We may tell a
CMAEUACM0000109 Page 8 of 11
A�RICAN
EXPRESS
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.
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 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
you(or any Additional Cardmembers)and us.We do this To w. this,call us at 1-800-/commun or log on to
www.ameri canexpress.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
have a fee.One of our affiliates may act on behalf of a providers we or our affiliates tell you about.
provider of these products.The affiliate may be
compensated for this.The insurance products are not o may share information about you with our affiliates
s
offered or sold by us or on our behalf.Our affiliates may so they can identify products that may interest you.We
get additional compensation when Amex Assurance may be compensated for this information.
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 other bank or other asset account on the same day we receive
from your checking asset account. your check.Also,you will not receive that cancelled
account We may process the check electronically by transmitting check with your bank or asset account billing statement.
to your financial institution: If we cannot collect the funds electronically,we may
• the amount, issue a draft against your bank or other asset account for
• the routing number, the 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.
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 We have the right to add,modify or delete any benefit,service,or feature of the Account at our discretion.
benefits
Assigning the We may sell,transfer or assign this Agreement and the Account.We may do so at any time without notifying you.
Agreement You may not sell,assign or transfer the Account or any of your obligations under this Agreement.
Assigning Claims If you dispute a charge with a merchant,we may credit the Account for all or part of the disputed charge. If we do
so,you assign and transfer to us all rights and claims(excluding tort claims)against the merchant.You and any
Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount.And you and
any Additional Cardmembers must cooperate with us if we decide to do so.
We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our
our rights rights to exercise or enforce them on any other occasion.
Governing law Utah law and federal law govern this Agreement and the Account.They govern without regard to internal principles
of conflicts of law.We are located in Utah.We hold the Account in Utah.We entered into this Agreement with you in
Utah.
Arbitration
This Arbitration provision sets forth the or relating to your Account,this Agreement, corporate parent,or wholly or majority owned
circumstances and procedures under which the Electronic Funds Transfer Services subsidiaries,affiliates,any licensees,
claims may be arbitrated instead of litigated in Agreement,and any other related or prior predecessors,successors,assigns,any
court. agreement that you may have had with us,or purchaser of any accounts,all agents,
Definitions the relationships resulting from any of the employees,directors and representatives of
As used in this Arbitration provision,the term above agreements, except for the validity, any of the foregoing,and other persons
claim means any claim,dispute or enforceability or scope of this Arbitration referred to below in the definition of claims.
controversy between you and us arising from provision.For purposes of this Arbitration Claim includes claims of every kind and
provision,you and us also includes any continued on next page...
CMAEUACM0000109 Page 9 of 11
...continued from previous page 9 U.S.C.§§1-16,as it may be amended with the FAA and applicable statutes of
nature,including but not limited to,initial below.(FAA),provided that any such limitations,shall honor claims of privilege
claims,counterclaims,cross-claims and third- organization and arbitrator(s)will enforce the recognized at law,and,at the timely request
party claims and claims based upon contract, terms of the Restrictions on Arbitration of either party,shall provide a brief written
tort,fraud and other intentional torts,statutes, subsection set forth explanation of the basis for the decision.
regulations,common law and equity.Claim Significance of Arbitration The arbitration proceeding shall not be
also includes claims by or against any third IF ARBITRATION IS CHOSEN BY ANY governed by any federal or state rules of civil
party using or providing any product,service PARTY WITH RESPECT TO A CLAIM, procedure or rules of evidence.Any party may
or benefit in connection with any account NEITHER YOU NOR WE WILL HAVE THE request that the arbitrator expand the scope
(including,but not limited to,credit bureaus, RIGHT TO LITIGATE THAT CLAIM IN of discovery by doing so in writing and
third parties who accept the card,third parties COURT OR HAVE A JURY TRIAL ON THAT copying any other parties,who shall have 15
who use,provide or participate in fee-based CLAIM.FURTHER,YOU AND WE WILL NOT days to make objections.The arbitrator will
or free benefit programs,enrollment services HAVE THE RIGHT TO PARTICIPATE IN A notify the parties of his/her decision within 20
and rewards programs,credit insurance REPRESENTATIVE CAPACITY OR AS A days of any objecting party's submission.The
companies,debt collectors and all of their MEMBER OF ANY CLASS OF CLAIMANTS arbitrator shall take reasonable steps to
agents,employees,directors and PERTAINING TO ANY CLAIM SUBJECT TO preserve privacy.The arbitrators award shall
representatives)if and only if,such third party ARBITRATION.EXCEPT AS SET FORTH be final and binding,except for any right of
is a party in connection with the claim.The BELOW,THE ARBITRATOR'S DECISION appeal provided by the FAA;however,either
term claim is to be given the broadest WILL BE FINAL AND BINDING.NOTE THAT party shall have 30 days to appeal that
possible meaning that will be enforced and OTHER RIGHTS THAT YOU OR WE decision by notifying the arbitration
includes,by way of example and without WOULD HAVE IF YOU WENT TO COURT organization and any other parties in writing.
limitation,any claim,dispute or controversy ALSO MAY NOT BE AVAILABLE IN The organization will then appoint a three-
that arises from or relates to(a)any of the ARBITRATION. arbitrator panel which shall consider anew
accounts created under any of the Restrictions on Arbitration any aspect of the decision objected to by the
agreements,or any balances on any such IF EITHER PARTY ELECTS TO RESOLVE A appealing party.The panel shall issue its
accounts,(b)advertisements,promotions or CLAIM BY ARBITRATION,THAT CLAIM decision,by majority vote,within 120 days of
oral or written statements related to any such SHALL BE ARBITRATED ON ANthe appealing party's written notice.Judgment
accounts,goods or services financed under INDIVIDUAL BASIS.THERE SHALL BE NO upon any award rendered by the arbitrator or
any of the accounts or the terms of financing, RIGHT OR AUTHORITY FOR ANY CLAIMS panel may be entered in any court having
(c)the benefits and services related to TO BE ARBITRATED ON A CLASS ACTION jurisdiction.
Cardmembership(including fee-based or free BASIS OR ON BASES INVOLVING CLAIMS Location of Arbitration
benefit programs,enrollment services and BROUGHT IN A PURPORTED
rewards programs),and(d)your application Arbitration hearings you attend shall take
for any account.We shall not elect to use REPRESENTATIVE CAPACITY ON BEHALF place in the federal judicial district of your
arbitration under this Arbitration provision for OF THE GENERAL PUBLIC,OTHER residence.
any claim that you properly file and pursue in CARDMEMBERS OR OTHER PERSONS Payment of Fees
a small claims court ofY our state or SIMILARLY SITUATED.The arbitrators municipality so long as the claim is individual authority to resolve claims is limited to claims You will be responsible for paying your share,
if any,of the arbitration fees(including filing,
and pendingonly in that court. between you and us alone,and the
y arbitrator's authority to make awards is limited administrative,hearing and/or other fees),but
Initiation of Arbitration to awards to you and us alone.Furthermore, only up to the amount of the filing fees you
Any claim shall be resolved,upon the election claims brought by you against us,or by us would have incurred if you had brought a
by you or us,by arbitration pursuant to this against you,may not be joined or claim in the state or federal court closest to
Arbitration provision and the code of consolidated in arbitration with claims brought your billing address that would have had
procedures of the arbitration organization to by or against someone other than you,unless jurisdiction.We will be responsible for any
which the claim is referred in effect at the time agreed to in writing by all parties.No additional arbitration fees.At your written
the claim is filed(code),except to the extent arbitration award or decision will have any request,we will consider in good faith making
the code conflicts with this Agreement.Claims preclusive effect as to issues or claims in any a temporary advance of all or part of your
shall be referred to either JAMS or the dispute with anyone who is not a named party share of any arbitration fees.You will not be
American Arbitration Association(AAA),as to the arbitration.Notwithstanding any other assessed any arbitration fees in excess of
selected by the party electing to use provision of this Agreement(including but not your share if you do not prevail in any
arbitration.If our selection of either of these limited to the Continuation subsection below) arbitration with us.
organizations is unacceptable to you,you and without waiving either party's right to Continuation
may select the other organization within 30 appeal such decision,should any portion of This Arbitration provision shall survive termi-
days after you receive notice of our selection. this Restrictions on Arbitration subsection be nation of your Account;voluntary payment of
For a copy of the code,to file a claim or for deemed invalid or unenforceable,then the the Account balance in full by you;any legal
other information,contact either:JAMS(1920 entire Arbitration provision(other than this proceeding by you or us to collect a debt
Main St#300, Irvine,CA 92614 or sentence)shall not apply. owed by the other;any bankruptcy by you or
jamsadr.com)or AAA(335 Madison Ave,New Arbitration Procedures us;and any sale by us of your Account(in the
York,NY 10017 or adr.org). This Arbitration provision is made pursuant to case of a sale,its terms shall apply to the
In addition to the organizations listed above, transactions involving interstate commerce buyer of your Account).If any portion of this
claims may be referred to any other arbitration and shall be governed by the FAA.The Arbitration provision,except as otherwise pro-
organization that is mutually agreed upon in arbitration shall be governed by the applicable vided in the Restrictions on Arbitration sub-
writing by you and us,or to an arbitration code,except that this Agreement shall apply if section,is deemed invalid or unenforceable,it
organization or arbitrator(s)appointed there are any conflicts.The arbitrator shall shall not invalidate the remaining portions of
pursuant to§5 of the Federal Arbitration Act, apply applicable substantive law consistent this provision.
CMAEUACM0000109 Page 10 of 11
AMERICAN
EJ�RE55
Billing Dispute Procedure
What To Do ff You Find a Mistake on Your errors and you may have to pay the amount in After we finish our investigation,one of two
Statement question. things will happen:
If you think there is an error on your
statement,write to us at: What Will Happen After We Receive Your If we made a mistake:You will not have to
American Express Letter pay the amount in question or any interest
When we receive your letter,we will do two or other fees related to that amount.
El Paso TX 79998-1535 things:lox 981535 if we do not believe there was a mistake:
EI
I.Within 30 days of receiving your letter,we You will have to pay the amount in
In your letter,give us the following will tell you that we received your letter.We question,along with applicable interest and
information: will also tell you if we have already fees.We will send you a statement of the
• Account information:Your name and corrected the error. amount you owe and the date payment is
account number. 2.Within 90 days of receiving your letter,we due.We may then report you as delinquent
• Dollar amount.The dollar amount of the will either correct the error or explain to you if you do not pay the amount we think you
suspected error. why we believe the bill is correct. owe.
• Description of problem:If you think there is While we investigate whether or not there has If you receive our explanation but still believe
an error on your bill,describe what you
believe is wrong and why you believe it is a been an error: your bill is wrong,you must write to us within
We will not t to collect the amount in 10 days telling us that you still refuse to pay.If
mistake. try
question,nor report you as delinquent on you do so,we will not report you as
You must contact us: that amount. delinquent without also reporting that you are
• Within 60 days after the error appeared on The charge in question may remain on your questioning your bill.We will tell you the name
your statement. statement,and we may continue to charge of anyone to whom we reported you as
• At least 3 business days before an you interest on that amount. delinquent,and we will let those organizations
automated payment is scheduled,if you While you do not have to pay the amount in know when the matter has been settled
want to stop payment on the amount you question,you are responsible for the between us.
think is wrong. remainder of your balance. If we do not follow all of the rules above,you
You must notify us of any potential errors in We can apply any unpaid amount against do not have to pay the first$50 of the amount
writing.You may call us,but if you do we are your credit limit. you question even if your bill is correct.
not required to investigate any potential
CMAEUACM0000109 Page 11 of 11
EXHIBIT`B"
AMERIWN SimplyCash® Business Credit Card ' P. 1/9
EXPRESS FREE FLOW SPA
DAN MEYER
Closing Date 10/23/13 Account Ending 7-41003
New Balance $17,155.11 Get cash back for eligible
purchases when you use the
Minimum Payment Due $3,862.67 Card.
Includes the past due amount of$3,268.67
Payment Due Date 11/17/13 Account Summary
Late Payment Warning:If we do not receive your Minimum Payment Due by Previous Balance $16,728.72
the Payment Due Date listed above,you may have to pay a late fee of up to Payments/Credits -$0.00
$35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. New Charges +$0.00
Fees +$35.00
Interest Charged +$391.39
New Balance $17,155.11
QSeepage 2 for important information about your account. Minimum Payment Due $3,862.67
Credit Limit $20,700.00
Q Your account is past due. Available Credit $3,544.89
Cash Advance Limit $0.00
See Page 5 for Important Changes to Your Account Benefits AvailableCash $0.00
Days in Billing Period: 31
Customer Care
Pay by Computer
open.com/pbc
Customer Care Pay by Phone
1-800-521-6121 1-800-472-9297
See page 2 for additional information.
+ Please fold on the perforation below,detach and return with your payment +
®Payment Coupon �PaybyComputer �PaybyPhone Account Ending 7-41003
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.
DAN MEYER
FREE FLOW Payment Due Date
486 LEWISBERRY RD 11/17/13
NEW CUMBERLND PA 17070-2310 New Balance
$17,155.11
uMinimum Payment Due
$3,862.67
AMERICAN EXPRESS $
❑ Check here if your address or P.O.BOX 1270 Amount Enclosed
phone number has changed. NEWARK NJ 07101-1270
Note changes on reverse side.
0000349991565127925 001715511000386267 19 H
DAN MEYER Account Ending 7-41003 p,yg
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 particular rate is required by law.
Pleasedo not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on
us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid.
Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your paymentfrom
your depositor other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number
and check serial number to your financial institution,unless the check is not processable electronically or a less costly process is available.When we
process your check electronically,your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your
check,and you will not receive that cancelled check with your 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 CalculateYour Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we
charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and
how resulting interest charges are determined. The method we use to calculate the ADB and interest results in doilycompoundingofinterest.
Paying Interest:Your due date is at least 25 days after the Closing Date of each billing period.We will not charge you interest on your purchases if you
pay the New Balance by the due date each month. We will charge you interest on cash advances and(unless otherwise disclosed)balance transfers
beginning on the transaction date.
Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it.
We will charge fee of 2.7%of the converted US dollar amount.We will choose a conversion rate that is acceptable to us for that date,unless a
particular rate is required by law.The conversion rate we use is no more than the highest official rate published by a government agency or the highest
interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on
the date of your charge.Charges converted by establishments(such as airlines)will be billed at the rates such establishments use.
Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the
date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a
check for the credit balance within 30 days if the amount is$1.00 or more.
Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your
Account may be reflected in your credit report.
Customer Care&Billing Inquiries 1-800-521-6121 Hearing Impaired Website:americanexpress.com
International Collect 1-623-492-7719 TTY:1-800-221-9950 Mobile Site:amexmobile.com
Large Print&Braille Statements 1-800-521-6121 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
FDeduct your paymentfrom your bank
Street Address account automatically each month
i
Visit americanexpress.com/autopay
City,State today to enroll.
Zip Code
Area Code and
Home Phone
Area Code and
Work Phone For information on how we protect your
privacy and to set your communication
Email and privacy choices,please visit
www.americanexpress.com/privacy.
AMERICAN SimplyCash® Business Credit Card P 3/9
EXPRESS FREE FLOW sM
DAN MEYER
Closing Date 10/23/13 Account Ending 7-41003
Fees
Amount
10/17/13 Late Payment Fee $35.00
Total Fees for this Period $35.00
[Interest Charged
Amount
10/23/13 Interest Charge on Purchases $391.39
Total Interest Charged for this Period $391.39
2013 Fees and Interest Totals Year-to-Date
Amount
Total Fees in 2013 $315.00
Total Interest in 2013 $3,678.31
[interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account.
Annual Balance5ubject Interest
Percentage Rate to Interest Rate Charge
Purchases 27.24%(v) $16,924.05 $391.39
Cash Advances 27.24%(v) $0.00 $0.00
Total
$391.39
(v)Variable Rate
DAN MEYER Account Ending 7-41003 p.4/9
SimplyCash® Business Credit Card
AMERICAN P.5/9
EGRESS FREE FLOW SM
DAN MEYER
Closing Date 10/23/13 Account Ending 7-41003
Important Changes to Your Account
We are making changes to your Card account and benefits.A summary of the changes appears below. The detailed
changes to the relevant program terms can be found after the summary chart(where applicable).
OPEN HP Home& Home Office Store Benefit. The OPEN Savings benefit for eligible
Savings purchases with HP Home&Home Office Store, at shopping.hp.com,will be changed as
Merchant follows:
Changes
Current New(as of January 1,2014)
5%discount credited to your American 3%discount credited to your American
Express®statement OR 2 additional Express statement OR 1 additional
Membership Rewards points on every Membership Rewards®point on every
dollar spent over$200 and up to$1,000 eligible dollar for the first$500 spent
per calendar year per calendar year
10%discount OR 4 additional points on 5%discount OR 2 additional points for
every dollar spent over$1,000 and up to every eligible dollar spent over$500
$50,000 per calendar year and up to$1,500 per calendar year
10%discount OR 4 additional points
on every eligible dollar spent over
$1,500 and up to$30,000 per calendar
year
Hertz. The OPEN Savings benefit for eligible purchases with Hertz will be changed as
follows:
Current New(as of January 1,2014)
5%discount credited to your American 3%discount credited to your American
Express®statement OR 2 additional Express statement OR 1 additional
Membership Rewards points on every Membership Rewards®point on every
dollar spent over$500 and up to$2,500 eligible dollar for the first$500 spent
per calendar year per calendar year
10%discount OR 4 additional points on 5%discount OR 2 additional points for
every dollar spent over$2,500 per every eligible dollar spent over$500
calendar year and up to$2,000 per calendar year
10%discount OR 4 additional points
on every eligible dollar spent over
$2,000 per calendar year
S0503 BP/OPENSVG/1013
DAN MEYER Account Ending 7-41003 p.6/9
FedEx Office. The OPEN Savings benefit for eligible purchases with FedEx Office will
be changed as follows:
Current New(as of January 1,2014)
3%discount credited to your American 5%discount OR 2 additional points on
Express®statement or 1 additional every eligible dollar spent for up to
Membership Rewards point on every $20,000 spent per calendar year
dollar spent up to$250 per calendar
year
5%discount or 2 additional points on
every dollar spent above$250 and up to
$1000 per calendar year
10%discount or 4 additional points on
every dollar spent above$1000 and up
to$100,000 per calendar year
OPEN Effective January 1, 2014,OfficeMax.com will no longer be pant of the OPEN Savings
Savings° benefit. Any amounts that are charged to your Card account by this merchant on or
Merchant after this date will not be eligible for the OPEN Savings benefit.
Removals
Effective December 16, 2013, Epson®will no longer be part of the OPEN Savings
benefit. Any amounts that are charged to your Card account by this merchant on or
after this date will not be eligible for the OPEN Savings benefit.
Continued on next page
S0503 BP/OPENSVG/1013
AMERIWN SimplyCash® Business Credit Card P 7/9
EXPRESS FREE FLOW SM
DAN MEYER
Closing Date 10/23/13 Account Ending 7-41003
Detail of Changes to the OPEN Savings Benefit Terms
The terms of the account referenced in or with this notice are subject to change in accordance with the OPEN Savings®
Benefit Terms governing the account(the"OPEN Savings Benefit Terms"). This notice formally amends the OPEN
Savings Benefit Terms as described below.Any terms in the OPEN Savings Benefit Terms conflicting with these changes
are replaced fully and completely. Terms not changed by this notice remain in full force and effect.We encourage you to
read this notice, share it with additional Cardmembers on your account, and file it for future reference. If you have any
questions about these changes, please call the number on the back of your Card.
OPEN Savings°Benefit Terms
Effective January 1, 2014,the benefit terms for the OPEN Savings benefits listed below are deleted and replaced with the
following.-
HP
ollowing:HP Home&Home Office Store
The OPEN Savings benefit for eligible purchases at HP Home and Home Office Store, at shopping.hp.com, is a 3%
discount credited to your American Express statement OR 1 additional Membership Rewards°point on every eligible
dollar spent up to$500, 5%discount OR 2 additional points for every eligible dollar spent above$500 and up to$1,500
and 10%discount or 4 additional points on every eligible dollar spent above$1,500 and up to$30,000, per calendar year,
per Card account.
Payment must be made with a Business Card from American Express OPEN. "Eligible"means total purchases per Card
account in a calendar year up to$30,000 made online at the HP Home and Home Office store located at
www.shopping.hp.com or by calling 1-866-511-0279, excluding:
• gift cards,
• purchases made in retail stores, or
• purchases made at any other online website, including other sections of the HP website such as"Small and
Medium Businesses".
General OPEN Savings terms and conditions also apply. Visit opensavings.com to learn more.
Here is how it works:
If your card is enrolled in the Membership Rewards°program, you can select the way you're rewarded at
opensavings.com. All other Cards will receive automatic discounts credited to your billing statement.
Annual Eligible Spend at HP Discounts" OR Membership Rewards""
Home&Home Office Store
$500 or less 3% 1 additional point per eligible dollar
spent
Every eligible dollar spent over 5% 2 additional points per eligible dollar
$500 to$1,500 spent
Every eligible dollar spent over 10% 4 additional points per eligible dollar
$1,500 to$30,000 spent
The relative value of these options will differ depending on how you use your Membership Rewards points. The
redemption value of additional points that you receive under the Membership Rewards Points Benefit may be less than the
dollar value of the discounts that you receive under the Discount Benefit. The option to choose Membership Rewards
points as your OPEN Savings benefit applies only to Business Cards from American Express OPEN enrolled in the
Membership Rewards program.
S0503 BP/OPENSVG/1013
DAN MEYER Account Ending 7-41003 p.8/9
Hertz
The OPEN Savings benefit for eligible spending with Hertz is a 3%discount credited to your American Express statement
OR 1 additional Membership Rewards®point for every eligible dollar spent up to$500, 5%discount OR 2 additional points
for every eligible dollar spent above$500 and up to$2,000 and 10%discount or 4 additional points on every eligible dollar
spent above$2,000, per calendar year, per Card account.
Payment must be made with a Business Card from American Express OPEN. "Eligible"means total car rental spend per
Card account in a calendar year at Hertz corporate-owned U.S. locations, and excludes Hertz On Demand. Car returns
made at an independent licensee owned location will not be eligible for the benefit. General OPEN Savings terms and
conditions also apply. Visit opensavings.com to learn more.
Here is how it works:
If your card is enrolled in the Membership Rewards®program, you can select the way you're rewarded at
opensavings.com.All other Cards will receive automatic discounts credited to your billing statement.
Annual Eligible Spend at Hertz Discounts** OR Membership Rewards**
per 1 additional point eligible dollar
$500 or less 3% spent p p g
Every eligible dollar spent over 5% 2 additional points per eligible
$500 to$2,000 dollar spent
FEveTeligible dollar spent over 10% 4 additional points per eligible
$2,000 dollar spent
**The relative value of these options will differ depending on how you use your Membership Rewards points. The
redemption value of additional points that you receive under the Membership Rewards Points Benefit may be less than the
dollar value of the discounts that you receive under the Discount Benefit. The option to choose Membership Rewards
points as your OPEN Savings benefit applies only to Business Cards from American Express OPEN enrolled in the
Membership Rewards program.
FedEx Office°
The OPEN Savings benefit for eligible purchases at FedEx Office is a 5%discount credited to your American Express
statement OR 2 additional Membership Rewards°points on each eligible dollar spent up to$20,000, per calendar year,
per Card account.
Payment must be made with a Business Card from American Express OPEN. "Eligible"means the first$20,000 in
purchases per Card account in a calendar year made at FedEx Office locations and fedexoffice.com. The FedEx Office
benefit is not available on FedEx shipping services. Note that such shipping services may be eligible for the FedEx
Express or FedEx Ground OPEN Savings benefit. Go to opensavings.com for FedEx Express and FedEx Ground benefit
terms and conditions. General OPEN Savings terms and conditions also apply. Visit opensavings.com to learn more.
Here is how it works.-
If
orks.If your card is enrolled in the Membership Rewards®program, you can select the way you're rewarded at
opensavings.com.All other Cards will receive automatic discounts credited to your billing statement.
Annual Eligible Spend at FedEx Discounts** OR Membership Rewards**
Office p
Every eligible dollar spent up to 5% 2 additional points per eligible dollar
$20,000 spent
**The relative value of these options will differ depending on how you use your Membership Rewards points. The
redemption value of additional points that you receive under the Membership Rewards Points Benefit may be less than the
dollar value of the discounts that you receive under the Discount Benefit.The option to choose Membership Rewards
points as your OPEN Savings benefit applies only to Business Cards from American Express OPEN enrolled in the
Membership Rewards program.
S0503 BP/OPENSVG/1013
AMERICAN OPEN Savings° Summary p.9/9
EXPRESS FREE FLOW
DAN MEYER
Closing Date 10/23/13 Account Ending 7-41003
Discounts
This Period $0.00
Year to Date $0.00
Remember,you can get up to 10%discounts on eligible purchases with OPEN Savings®partners.
Visit opensavings.com to learn more.
Discounts will be applied in the form of statement credit.For full terms and conditions go to opensavings.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN EXPRESS BANK FSB No. 2014-05267
Plaintiff
vs.
DAN MEYER
Defendant(s)
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue the above captioned matter.
Respectfully submitted,
Amy FTTDoy1e, 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. 10008680
(,D