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HomeMy WebLinkAbout14-5931 Supreme Couff-a 'Pennsylvania Coul, F 4 jOII Pleas For Prothonotary Use thstyr CKilC.overSh� et r; Docket No: c. f <9 cuMB1*1CC� , �, County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S n Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T AMERICAN EXPRESS BANK, FSB DORIS DURF Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? El Yes No U 1 (check one) Ooutside arbitration limits N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? El Yes El No A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: PIace an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional J Buyer Plaintiff Administrative Agencies ®i Malicious Prosecution Debt Collection:Credit Card Q Board of Assessment Motor Vehicle Q Debt Collection:Other 0 Board of Elections Nuisance rl Dept.of Transportation ®Premises Liability Statutory Appeal:Other S Product Liability (does not include E mass tort) I-1 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other El Zoning Board T n Other: I Other: O MASS TORT ® Asbestos N [3 Tobacco Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste CI Ejectment 0 Common Law/Statutory Arbitration B ®i Other: Eminent Domain/Condemnation 0 Declaratory Judgment I—I Ground Rent (3 Mandamus n Landlord/Tenant Dispute Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial -1 Quo Warranto 0 Dental Q Partition Q Replevin Legal [3 Quiet Title 0 Other: n Medical Other: ® Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLV NIA AMERICAN EXPRESS BANK, FSB NO. 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF vs. r�i rn i, Cn DORIS DURF 611 HOGESTOWN RD MECHANICSBURG PA 17050 = rn DEFENDANT(S) x= J 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 FILE NO. 10008918 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. DORIS DURF 611 HOGESTOWN RD MECHANICSBURG PA 17050 DEFENDANT(S) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas,usted tienen que tomar accion dentro veinte(20)dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland Cty Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 800/990-9108 FILE NO. 10008918 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. DORIS DURF 611 HOGESTOWN RD MECHANICSBURG PA 17050 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, DORIS DURF, is an adult individual, residing at 611 HOGESTOWN RD, MECHANICSBURG PA 17050, 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. 10008918 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$6,009.22. 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$6,009.22,plus costs. FILE NO. 10008918 WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of$6,009.22,plus costs. Respectfully submitted, Amy F. Doyle, quire 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. 10008918 VERIFICATION I verify the facts set forth in this Complaint are true and correct to the best of my knowledge,information and belief.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,. §4904,relating to unsworn falsification to authorities. I am an employee of American Express Bank, FSB,employed in the position of ASSISTANT CUS1 ODIAN -.-, eRE?e and in my capacity as ASSISTANT CUSTODIAN +Y` Y`�V'v'Y YY.iV �� �� for American Express Bank,FSB, the Plaintiff in this matter,I am ut iorizOed�to make this verification on their behalf. Date: 1 - A JA ` Name: RIC-HARD KIER ASSISTANT CUSTODIAN OF RECORDS Title: DORIS DURF FILE NO. 10008918 1 EXHIBIT"A" American Express P.O.Box 981535 EI Paso,TX 79998 07/14/2011 Re: Business Gold Card For Account Ending In:41002 Dear DORIS DURF, The following pages provide important information about your account referenced above. Please read these materials and file them for safekeeping. Thank you, American Express Customer.Service 996537 349991309602118 CMAEUREM0000112 This page intentionally left blank. 996537 349991309602118 CMAEUREM0000112 Re: Business Gold Card Account ending in: 41002 07/14/2011 Dear DORIS DURF, We d like to inform you that we re changing the returned payment fee and the minimum due for Pay Over Time balances.These changes are summarized below. In an ongoing effort to be clear and transparent,we ve rewritten your Cardmember Agreement so it s easier to use and understand. We ve enclosed your new Cardmember Agreement, where you can find information about how your account works. You can learn more about how to manage your card account and protect your credit with simple tips,advice, and explanations by visiting www.open.com/smartcredit. Important The following is a summary of changes to your account terms. For more detailed information, please see the reverse side of this letter. Revised Terms,as of August 1,2011 Returned Payment Fee $35 Pay Over Time Minimum The minimum due for Pay Over Time balances will be at least Due $35.However, it will not exceed the Pay Over Time New Balance shown on the statement. Thank you for your Cardmembership.We look forward to continuing to serve you. Sincerely, American Express See reverse side for important information. 996537 349991309602118 CMAEUREM0000112 Notice of Changes to the Enclosed Cardmember Agreement The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement("Agreement')governing your Account referenced in or with this notice.Any language in the enclosed Agreement contrary to or conflicting with terms amended herein is replaced fully and completely.All terms of that Agreement not amended herein remain in full force and effect.These changes apply to existing balances and future balances on your Account.We urge you and any Additional Cardmembers on your Account to read this notice carefully and file it along with your Agreement in a safe place for future reference. Returned Payment Fee On August 1,2011,we are reducing your Returned Payment Fee to$35.Accordingly,effective August 1, 2011,the Returned Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and replaced with 135".Also effective August 1,2011,the description of how the Returned Payment Fee works on Page 2 is deleted and replaced with the following: 135 if your payment is returned unpaid the first time we present it to your bank.A returned payment may also result in a Penalty APR for Pay Over Time balances.See When the penalty APR will apply above." Pay Over Time Minimum Due On August 1,2011,we are increasing the minimum payment due for Pay Over Time balances.Accordingly, effective August 1,2011,we are changing the amount shown in line(3)of How we calculate your Minimum Payment Due in Part 2 of the enclosed Cardmember Agreement from$20 to$35.(The same change applies to the example shown in that section.)Also effective August 1,2011,the dollar amount shown in the last paragraph of Adjusting your Minimum Payment Due is deleted and replaced with$210. 996537 349991309602118 CMAEUREM0000112 Reorder Cardmember Agreement: Part 1 of 2 As of: 07/14/2011 Business Gold Card Company Name: DORIS DURF LONGBERGE Issuer:American Express Bank, FSB Cardmember Name: DORIS DURF Fees Table Account Ending In:41002 Annual Membership Fee $75 Transaction Fees • Foreign Transaction 2.7%of each transaction after conversion to US dollars. Penalty Fees • Late Payment $35 or 2.99%of the past due amount, whichever is greater. • Returned Payment $38 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. 349991309602118 CMAEUAOT0000010 996537 Page 1 of 2 How Rates and Fees Work When the penalty The Penalty APR applies to Pay Over Time balances if: APR will apply • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which its due 3 times in 12 billing periods, • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Closing Date of the next billing period,or • your payment is returned by your bank. How long the penalty The penalty APR will apply until after you have made timely payments,with no returned payments,for 12 APR will apply billing periods in a row. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.We will charge$35 for each additional card. Late Payment $35(Iowa$15)if you do not pay the Amount Due on a billing statement before the 10th day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date,we may charge you an additional fee in that same billing period of the greater of$35 or 2.99%of any amount past due(Iowa$15). For each following Closing Date that an amount past due remains unpaid,we may charge a fee of the greater of$35 or 2.99%of any amount past due(Iowa$15). Paying late may also result in a Penalty APR.See When the penalty APR will apply above. Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank.A returned payment may also result in a Penalty APR.See When the penalty APR will apply above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Foreign Transaction 2.7%of the converted U.S.dollar amount.This fee is a finance charge.See Part 2 forConverting charges made in a foreign currency. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. 349991309602118 CMAEUAOT0000010 996537 Page 2 of 2 Notice of Changes to the Enclosed Cardmember Agreement 27442 The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement ("Agreement")governing your Account referenced in or with this notice. Any language in the enclosed Agreement contrary to or conflicting with terms amended herein is replaced fully and completely.All terms of that Agreement not amended herein remain in full force and effect. These changes apply to existing balances and future balances on your Account. We urge you and any Additional Cardmembers on your Account to read this notice carefully and file it along with your Agreement in a safe place for future reference. Returned Payment Fee On August 1, 2011, we are reducing your Returned Payment Fee to$35.Accordingly, effective August 1, 2011, the Returned Payment Fee shown on Page 1 of Part 1 of the enclosed Cardmember Agreement is deleted and replaced with 135".Also effective August 1,2011, the description of how the Returned Payment Fee works on Page 2 is deleted and replaced with the following: "$35 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a Penalty APR for Pay Over Time balances. See When the penalty APR will apply above." Pay Over Time Minimum Due On August 1, 2011,we are increasing the minimum payment due for Pay Over Time balances. Accordingly, effective August 1, 2011,we are changing the amount shown in line (3)of How we calculate your Minimum Payment Due in Part 2 of the enclosed Cardmember Agreement from$20 to$35. (The same change applies to the example shown in that section.)Also effective August 1, 2011, the dollar amount shown in the last paragraph of Adjusting your Minimum Payment Due is deleted and replaced with $210. CMAEUDFY1000104 FDR 996537 Cardmember Agreement: Part 2 of 2 Doc 27310 How your American Express Account Works Introduction About your This document together with Part 1 make up the When you or an Additional Cardmember,as defined Cardmember Agreement Cardmember Agreement(Agreement)for the Account below,use the Account(or sign or keep a card),you and identified on page 1 of Part 1.Any supplements or the Additional Cardmember agree to the terms of the amendments are also part of the Agreement. Agreement. Words we use in We,us,and our mean the issuer shown on page 1 of Card means any card or other device that we issue to the Agreement Part 1.Except as provided below,Basic Cardmember access the Account.Acharge is any amount added to the means the person who applied for this Account or to Account,such as purchases,fees and interest charges.A whom we address billing statements. Company means purchase is a charge for goods or services. the business for which the Account is established. To pay by a certain date means to send your payment You and your mean the Basic Cardmember and the so that we receive it and credit it to your Account by that Company.You agree,jointly and severally,to be bound date(see About your payments on page 2 of Part 2). by the terms of this Agreement. Additional At your request,we may issue cards to Additional You must tell Additional Cardmembers that: Cardmembers Cardmembers.They do not have accounts with us but • we may obtain,provide and use information about them. they can use your Account subject to the terms of this their use of the Account is subject to this Agreement. Agreement. You authorize us to give Additional Cardmembers You are responsible for all use of the Account by information about the Account and to discuss it with Additional Cardmembers and anyone they allow to use them. the Account.You must pay for all charges they make. If you want to cancel an Additional Cardmember's right You must share this agreement with all Additional to use your Account(and cancel their card)you must Cardmembers. tell us. Replacement Basic You must tell us if the Basic Cardmember is no longer an obligations and liabilities of the Basic Cardmember Cardmember employee or officer of the Company or does not want to under this Agreement,as of the date that such person be the Basic Cardmember.In that case,you must either replaces the Basic Cardmember.That person is subject close the Account,or propose another person to replace to our approval. the Basic Cardmember. You agree that the Basic Cardmember remains the Basic If you propose another person to replace the Basic Cardmember until we approve a replacement or the Cardmember,that person must agree to assume the Account is closed. About using your card Using the card You may use the card to make purchases.You may also You,or any Additional Cardmembers,may arrange use the card at an ATM to get cash from a checking for certain merchants to charge the Account at regular account you designate. intervals.We may(but are not required to)tell these Each Cardmember acknowledges and agrees that cards merchants about the Account status or changes to your are intended to be used for the Company's commercial card number or expiration date.You must notify the or business purposes. merchants directly if you want them to stop charging the Account. We decide whether to approve a charge based on how Keep your card safe and don't let anyone else use it. If you spend and pay on this Account and other accounts your card is lost or stolen o your Account is being used you have with us and our affiliates.We also consider without you your credit history and your personal resources that we r permission,contact right away.You may not use your Account for illegal activities. know about. Promise to pay You promise to pay all charges,including: • charges that Additional Cardmembers make or permit • charges you make,even if you do not present your card others to make. or sign for the transaction, Additional Cardmembers agree to be personally liable • charges that other people make,whether or not you or for charges made using their card.We may seek pay- an Additional Cardmember intend to let them use the ment from them for charges made on their card if neither Account,subject to applicable law,and the Company nor the Basic Cardmember pay us. Declined transactions We may decline to authorize a charge.Reasons we may We are not responsible for any losses you incur if we do this include suspected fraud and our assessment do not authorize a charge.And we are not responsible if of your creditworthiness.This may occur even if your any merchant refuses to accept the card. Account is not in default. Page 1 of 10 About Pay Over We may add features to the Account that allow you to than a certain dollar amount.We will tell you this amount Time features pay certain charges over time.These features include when you enroll,and it is subject to change.We will tell Sign&Travel®and the Extended Payment Option. you if we change it.Certain charges are not eligible, If you enroll in Sign&Travel,we will automatically place such as cash and similar transactions. eligible travel-related charges into a Pay Over Time We will not place any charge into a Pay Over Time balance.Some examples are airline and cruise ship balance if it causes the total of your Pay Over Time tickets,hotels,car rentals and charges made outside balances to go over$20,000.We will tell you if we the U.S. change that amount.You must pay in full all charges If you enroll in the Extended Payment Option,we will that are not placed into a Pay Over Time balance upon automatically place all eligible charges into a Pay Over receipt of the billing statement.We may change which Time balance.A charge is eligible if it equals or is more charges are eligible to be placed into a Pay Over Time balance. About your payments When you must pay Payment of the New Balance is due upon receipt of Each statement also shows a Closing Date.The Closing your statement.If a statement includes a Pay Over Date is the last day of the billing period covered by the Time balance,it will show a Minimum Payment Due.In statement.Each Closing Date is about 30 days after the this case,you must pay at least the Minimum Payment previous statement's Closing Date. Due by the Payment Due Date.Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. How to make payments Make payments to us in U.S.dollars with: statement. If we receive it after that time,we will credit • a single check drawn on a U.S.bank,or the payment on the day after we receive it. • a single negotiable instrument clearable through the If your payment does not meet the above requirements, U.S.banking system,for example a money order,or there may be a delay in crediting the Account.This may • an electronic payment that can be cleared through the result in late fees and additional interest charges(see U.S.banking system. How Rates and Fees Work on page 2 of Part 1). When making a payment by mail: If we decide to accept a payment made in a foreign • make a separate payment for each Account, currency,we will choose a rate to convert your payment • mail your payment to the address shown on the into U.S.dollars,unless the law requires us to use a payment coupon on the billing statement,and particular rate. • write the Account number on your check or negotiable instrument and include the payment coupon. If we process a late payment,a partial payment,or a If your payment meets the above requirements,we will payment marked with any restrictive language,that will have no effect on our rights and will not change this credit it to the Account as of the day we receive it,as Agreement. long as we receive it by the time disclosed in the billing How we apply If a statement includes a Pay Over Time balance,it will After the Minimum Payment Due has been paid,we payments and credits show a Minimum Payment Due.The Minimum Payment apply payments to the remaining Pay Over Time Due is the Pay In Full New Balance plus the Pay Over balances.When we do this,we apply payments first Time Minimum Due. to the balance with the lowest interest rate and then to If you have a Pay Over Time balance,we generally balances with higher interest rates. apply payments—up to the Minimum Payment Due—first In most cases,we apply a credit to the same balance as to the Pay Over Time Minimum Due and then to the Pay the related charge.We may apply payments and credits In Full New Balance. within balances,and among balances with the same interest rate,in any order we choose. About your Minimum Payment Due How we calculate your The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. Minimum Payment Due To calculate the Pay Over Time Minimum Due for each statement,we start with the highest of the following EXAMPLE:Pay Over Time Minimum Due three amounts: (1)1/36th of the Pay Over Time New Balance;or Assume that your Pay Over Time New Balance is (2)interest charged on the statement plus 1%of the Pay $3,000,interest is$29.57(see the example on the Over Time New Balance(excluding interest on the next page),and you have no Pay Over Time amounts statement),not to exceed 4%of the Pay Over Time past due. New Balance;or (1) $3,000/36=$83.33 (3)$20. (2) $29.57+1%x($3,000-$29.57)=$59.27 Then we round to the nearest dollar.After that,we add (3) $20.00 any Pay Over Time amount past due. The highest of the three amounts is$83.33. However,your Pay Over Time Minimum Due will not So the Pay Over Time Minimum Due is$83.00. exceed your Pay Over Time New Balance. Version 996537 Page 2 of 10 Adjusting your Pay Over If you regularly pay more than the Minimum Payment Due described above,we may adjust the Pay Over Time Time Minimum Due Minimum Due in future 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 making the adjustment and return to the formula above.If we start or stop making the adjustment,we will do so for at least six billing periods in a row. To adjust the Pay Over Time Minimum Due,we will not add 1%of the Pay Over Time New Balance in(2).Then,if (2)is the highest(but less than 4%of the Pay Over Time New Balance),we will add$15. We will do this if over six billing periods the sum of payments credited to your Pay Over Time balance is more than the sum of the Pay Over Time Minimum Dues(not adjusted,except any Pay Over Time amount past due is counted only in the first of those six periods).We will also make the adjustment if over six billing periods the sum of the Pay Over Time Minimum Dues(not adjusted)is not more than$120 and equals the sum of payments credited to your Pay Over Time balance.However,we will not make the adjustment if the sum of the Pay Over Time Minimum Dues is zero and we did not adjust the Pay Over Time Minimum Due the last time it was not zero. About interest charges When we charge We charge interest on charges that are added to a Pay Over Time balance beginning on the transaction date. interest However,you can avoid paying interest as follows. If you pay the Account Total New Balance on a Also,we will not charge interest shown on a statement if statement by the Closing Date shown on the next the Account Total Previous Balance on that statement is statement,then on that next statement we will not zero or a credit balance. charge interest. How we calculate interest We calculate interest for a billing period by first calculating interest on each balance within each feature.Balances within each feature—such as Sign&Travel and Extended Payment Option—may have different interest rates. We use the Average Daily Balance method(including Daily Balance new transactions)to calculate interest charges for each For each day a DPR is in effect,we calculate the daily balance.The total interest charged for a billing period is balance by: the sum of the interest charged on each balance. taking the beginning balance for the day, Interest adding any new charges, The interest charged for a balance in a billing period, subtracting any payments or credits;and except for variations caused by rounding,equals: making any appropriate adjustments. • Average Daily Balance(ADB)x We add a new charge to a daily balance as of its • Daily Periodic Rate(DPR)x transaction date. • number of days the DPR was in effect. Beginning balance ADB For the first day of a billing period,the beginning balance To get the ADB for a balance,we add up its daily is the ending balance for the prior billing period,including balances.Then we divide the result by the number of unpaid interest.For the rest of the billing period,the days the DPR for that balance was in effect. If the daily beginning balance is the previous day's daily balance balance is negative,we treat it as zero. plus an amount of interest equal to the previous day's DPR daily balance multiplied by the DPR for that balance. A DPR is 1/365th of an APR,rounded to one ten- This method of calculating the beginning balance results thousandth of a percentage point.Your DPRs are shown in daily compounding of interest. in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes,the new DPR may come into effect during—not just at the beginning of—the billing period.When this happens,we will create a EXAMPLE:calculating Interest new balance and apply the new DPR to it.To get the beginning balance on the first day for this new balance, Assume that you have a single interest rate of we multiply the previous day's daily balance by the old 15.99%,your ADB is$2,250 and there are 30 days in DPR and add the result to that day's daily balance. the billing period. Other methods The DPR is 15.99%+365 days=0.0438% To calculate the ADB and interest charges,we may The Interest is$2,250 x 0.0438%x 30 days=$29.57 use other formulas or methods that produce equivalent results.Also,we may choose not to charge interest on certain types of charges. Determining the We use the Prime Rate from the Money Rates section Prime Rate from any other newspaper of general Prime Rate (or successor section)of The Wall Street Journal.The circulation in New York,New York.Or we may choose to Prime Rate for each billing period is the Prime Rate use a similar published rate. published in The Wall Street Journal days before the If the Prime Rate increases,variable APRs(and Closing Date of the billing period. corresponding DPRs)will increase.In that case,you The Wall Street Journal may not publish the Prime Rate may pay more interest and may have a higher Minimum on that day. If it does not,we will use the Prime Rate Payment Due.When the Prime Rate changes,the from the previous day it was published. If The Wall resulting changes to variable APRs take effect as of the Street Journal is no longer published,we may use the first day of the billing period. Version 996537 Page 3 of 10 Other important information Changing the We may change the terms of,or add new terms to,this This written Agreement is a final expression of the Agreement Agreement.We may apply any changed or new terms to agreement governing the Account.The written any existing and future balances on the Account,subject Agreement may not be contradicted by any alleged oral to applicable law. agreement. Converting charges made If you make a charge in a foreign currency,we will government agency or the highest interbank rate in a foreign currency convert it into U.S.dollars on the date we or our we identify from customary banking sources on the agents process it.Unless a particular rate is required conversion date or the prior business day.This rate may by law,we will choose a conversion rate that is differ from rates that are in effect on the date of your acceptable to us for that date.The rate we use is no charge.We will bill charges converted by establishments more than the highest official rate published by a (such as airlines)at the rates they use. Changing your You must notify us immediately if you change the: If you have more than one account,you need to notify us billing address mailing address to which we send billing statements. separately for each account. • email address to which we send notice that the We may update your billing address if we receive billing statement is available online. information that it has changed or is incorrect. • telephone and fax numbers. • legal entity of the Company. • tax identification number. Closing your Account You may instruct us to close the Account by calling us or The Basic Cardmember and the Company remain jointly writing to us.The Basic Cardmember agrees to inform and severally liable for all Charges made on the Account. the Company prior to instructing us to do so. Cancelling or We may: We may do any of these things at our discretion,even if suspending your Account cancel the Account. you pay on time and the Account is not in default. • suspend the ability to make charges. If the Account is cancelled,you must destroy all cards. • cancel or suspend any feature on the Account. • notify merchants that the Account has been We may agree to reinstate the Account after a cancelled or suspended. cancellation.If we do this,we may: If we do any of these,you must still pay us for all reinstate any cards,including additional cards. • charge you any applicable fees,including annual fees. charges under the terms of this Agreement. charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider the Account in default,we may: • you violate a provision of this Agreement, suspend the ability to make charges. • you give us false information, cancel or suspend any feature on the Account. • you file for bankruptcy, cancel the Account and require you to pay the Account • you default under another agreement you have with us balance immediately. or an affiliate, • require you to pay more than your Minimum Payment • you become incapacitated or die,or Due immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs,including attorneys'fees,that we incur to collect amounts you owe or to protect ourselves from loss,harm or risk relating to default. Credit reports You agree that we may obtain credit reports about credit reporting agency if you fail to comply with any term you(and,subject to applicable law,any Additional of this Agreement.This may have a negative impact on Cardmembers),investigate your and any Additional your or any Additional Cardmember's credit report. Card members'ability to pay,and obtain information If you believe information we have given to a credit about you and any Additional Cardmembers from reporting agency is incorrect,write to us at:American other sources.And you agree that we may use such Express Credit Bureau Unit,P.O.Box 981537,EI Paso, information for any purposes,subject to applicable law. TX 79998-1537.When you write to us,tell us the specific You agree that we may give information about the information you believe is incorrect. Account to credit reporting agencies.We may tell a Sending you notices We mail you notices through the U.S.mail,postage prepaid,and address them to you at the latest billing address shown on our records.Any notice that we send you this way is deemed to be given when deposited in the U.S. mail.Additionally,we may mail notices and information to Additional Cardmembers at their request. We may contact you From time to time,we may contact you and any to ensure the quality of customer service or when it is Additional Cardmembers about topics ranging from required by law. servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us. owe.We may monitor and record phone calls between To do this,call us at 1-800-297-8378 or log on to you(or any Additional Cardmembers)and us.We do this www.americanexpress.com/communications Version 996537 Page 4 of 10 About insurance products We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer. non-insurance products,services or features that may Compensation may influence what products and have a fee.One of our affiliates may act on behalf providers we or our affiliates tell you about. of a provider of these products.The affiliate may be We may share information about you with our affiliates compensated for this.The insurance products are not so they can identify products that may interest you.We offered or sold by us or on our behalf.Our affiliates may may be compensated for this information. get additional compensation when Amex Assurance How we handle When you pay us by check,you authorize us to If we do this,your payment may be deducted from your electronic debits from electronically deduct the amount from your bank or other bank or other asset account on the same day we receive your checking account asset account. your check.Also,you will not receive that cancelled We may process the check electronically by transmitting check with your bank or asset account billing statement. to your financial institution: If we cannot collect the funds electronically,we may • the amount, issue a draft against your bank or other asset account • the routing number, for the amount of the check. • the account number,and • the check 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 notice Some federal agencies may accept the card under authority of statute.When you or Additional Cardmembers make charges at these agencies,we collect certain charge information.That information may be put to routine uses such as processing,billing and collections.It may also be aggregated for reporting,analysis and marketing use.Other routine uses by agencies may be published in the Federal Register. Change the benefits We have the right to add,modify or delete any benefit,service,or feature of the Account at our discretion. Assigning the We may sell,transfer or assign this Agreement and the Account.We may do so at any time without notifying you. Agreement You may not sell,assign or transfer the Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant,we may credit the Account for all or part of the disputed charge.If we do so,you assign and transfer to us all rights and claims(excluding tort claims)against the merchant.You and any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount.And you and any Additional Cardmembers must cooperate with us if we decide to do so. We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our our rights rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and the Account.They govern without regard to internal principles of conflicts of law.We are located in Utah.We hold the Account in Utah.We entered into this Agreement with you in Utah. Version 996537 Page 5 of 10 Arbitration This Arbitration provision sets forth the circum- electing to use arbitration.If our selection of Arbitration Procedures stances and procedures under which claims may either of these organizations is unacceptable to This Arbitration provision is made pursuant to be arbitrated instead of litigated in court. you,you may select the other organization within transactions involving interstate commerce and Definitions 30 days after you receive notice of our selection. shall be governed by the FAA.The arbitration As used in this Arbitration provision,the term For a copy of the code,to file a claim or for other shall be governed by the applicable code,except claim means any claim,dispute or controversy information,contact either JAMS(1920 Main St that this Agreement shall apply if there are any between you and us arising from or relating to #300, Irvine,CA 92614 or jamsadr.com)or AAA conflicts.The arbitrator shall apply applicable your Account,this Agreement,the Electronic (335 Madison Ave,New York,NY 10017 or adr. substantive law consistent with the FAA and ap- Funds Transfer Services Agreement,and org). plicable statutes of limitations,shall honor claims any other related or prior agreement that you In addition to the organizations listed above, of privilege recognized at law,and,at the timely may have had with us,or the relationships claims may be referred to any other arbitration request of either party,shall provide a brief resulting from any of the above agreements, organization that is mutually agreed upon written explanation of the basis for the decision. except for the validity,enforceability or scope in writing by you and us,or to an arbitration The arbitration proceeding shall not be governed of this Arbitration provision.For purposes of organization or arbitrator(s)appointed pursuant by any federal or state rules of civil procedure this Arbitration provision,you and us also to§5 of the Federal Arbitration Act,9 U.S.C. or rules of evidence.Any party may request that includes any corporate parent,or wholly or §§1-16,as it may be amended(FAA),provided the arbitrator expand the scope of discovery by majority owned subsidiaries,affiliates,any that any such organization and arbitrator(s) doing so in writing and copying any other par- licensees,predecessors,successors,assigns, will enforce the terms of the Restrictions on ties,who shall have 15 days to make objections. any purchaser of any accounts,all agents, Arbitration subsection set forth below. The arbitrator will notify the parties of his/her employees,directors and representatives of any decision within 20 days of any objecting party's Significance of Arbitration submission.The arbitrator shall take reason- of the foregoing,and other persons referred to IF ARBITRATION IS CHOSEN BY ANY PARTY below in the definition of claims.Claim includes able steps to preserve privacy.The arbitrator's claims of every kind and nature,including but WITH RESPECT TO A CLAIM,NEITHER award shall be final and binding,except for any YOU NOR WE WILL HAVE THE RIGHT TO right of appeal provided by the FAA;however, not limited to,initial claims,counterclaims,cross- LITIGATE THAT CLAIM IN COURT OR HAVE either party shall have 30 days to appeal that claims and third-party claims and claims based A JURY TRIAL ON THAT CLAIM. FURTHER, upon contract,tort,fraud and other intentional decision by notifying the arbitration organization torts,statutes,regulations,common law and YOU AND WE WILL NOT HAVE THE RIGHT and any other parties in writing.The organization equity.Claim also includes claims by or against TO PARTICIPATE IN A REPRESENTATIVE will then appoint a three-arbitrator panel which any third party using includes providing any product, CAPACITY OR AS A MEMBER OF ANY CLASS shall consider anew any aspect of the decision service or benefit connection with any account OF CLAIMANTS PERTAINING TO ANY CLAIM objected to by the appealing party.The panel (including,but not limited to,credit bureaus, SUBJECT TO ARBITRATION.EXCEPT AS shall issue its decision,by majority vote,within third parties who accept the card,third parties SET FORTH BELOW,THE ARBITRATOR'S 120 days of the appealing party's written notice. who use,provide or participate in fee-based or DECISION WILL BE FINAL AND BINDING. Judgment upon any award rendered by the free benefit programs,enrollment services and NOTE THAT OTHER RIGHTS THAT YOU arbitrator or panel may be entered in any court iOR WE WOULD HAVE IF YOU WENT TO having jurisdiction. rewards programs,credit insurance companies, COURT ALSO MAY NOT BE AVAILABLE IN debt collectors and all of their agents, ARBITRATION. Location of Arbitration employees,directors and representatives)if and Arbitration hearings you attend shall take place only if,such third party is a party in connection Restrictions on Arbitration in the federal judicial district of your residence. with the claim.The term claim is to be given the IF EITHER PARTY ELECTS TO RESOLVE payment of Fees broadest possible meaning that will be enforced ACLAIM BYARBITRATION,THAT CLAIM You will be responsible for paying your share, SHALL BE ARBITRATED ON AN INDIVIDUAL and includes,by way of example and without limitation,any claim,dispute or controversy BASIS.THERE SHALL BE NO RIGHT OR if any,of the arbitration fees(including filing, that arises from or relates to(a)any of the AUTHORITY FOR ANY CLAIMS TO BE administrative,hearing and/or other fees),but accounts created under any of the agreements, ARBITRATED ON A CLASS ACTION BASIS OR only up to the amount of the filing fees you or any balances on any such accounts,(b) ON BASES INVOLVING CLAIMS BROUGHT would have incurred if you had brought a claim in the state or federal court closest to your billing INA PURPORTED REPRESENTATIVE advertisements,promotions or oral or written statements related to any such accounts,goods CAPACITY ON BEHALF OF THE GENERAL address that would have had jurisdiction.We will or services financed under any of the accounts PUBLIC,OTHER CARDMEMBERS OR OTHER be responsible for any additional arbitration fees. or the terms of financing,( )c the benefits d PERSONS SIMILARLY SITUATED.The At your written request,we will consider in good anfaith making a temporary advance of all or part services related to Cardmembership(including arbitrator's authority to resolve claims is limited assessed not your share of any arbitration fees.You will fee-based or free benefit programs,enrollment to claims between you and us alone,and the of of d any arbitration fees in excess will services and rewards programs),and(d)your arbitrator's authority to make awards is limited to your share you do not prevail in any arbitration of application for any account.We shall not elect awards to you and us alone.Furthermore,claims with us. to use arbitration under this Arbitration provision brought by you against us,or by us against you, for any claim that you properly file and pursue in may not be joined or consolidated in arbitration Continuation a small claims court of your state or municipality with claims brought by or against someone This Arbitration provision shall survive so long as the claim is individual and pending other than you,unless agreed to in writing by termination of your Account;voluntary payment only in that court. all parties. No arbitration award or decision of the Account balance in full by you;any legal will have any preclusive effect as to issues or proceeding by you or us to collect a debt owed Initiation of Arbitration claims in any dispute with anyone who is not a by the other;any bankruptcy by you or us;and Any claim shall be resolved,upon the election named party to the arbitration.Notwithstanding any sale by us of your Account(in the case by you or us,by arbitration pursuant to this any other provision of this Agreement(including of a sale,its terms shall apply to the buyer of Arbitration provision and the code of procedures but not limited to the Continuation subsection your Account).If any portion of this Arbitration of the arbitration organization to which the claim below)and without waiving either party's right provision,except as otherwise provided in the is referred in effect at the time the claim is filed to appeal such decision,should any portion of Restrictions on Arbitration subsection,is deemed (code),except to the extent the code conflicts this Restrictions on Arbitration subsection be invalid or unenforceable,it shall not invalidate with this Agreement.Claims shall be referred deemed invalid or unenforceable,then the entire the remaining portions of this provision. to either JAMS or the American Arbitration Arbitration provision(other than this sentence) Association(AAA),as selected by the party shall not apply. AMERKAN Version 996537 Page 6 of 10 E�wREss Your Agreement for Transferring Funds Electronically This EFTAgreement is between American may cancel your right to use the service.Your Arbitration Express Travel Related Services Company, bank may charge you a fee if this happens. The Arbitration section,in Part 2 of the Inc.and you,once you enroll in an Electronic Cardmember Agreement,applies to this EFT Funds Transfer Service of ours(service)such as How to stop AutoPay payments Agreement and the services. Express Cash,AutoPay,Pay By Computer,or If you have told to make AutoPay payments Pay By Phone.This replaces any previous agree- from your bank account,you can stop any of How to contact us about the services ment you may have with c for the services. these payments by calling us at 1-800-227-4669 You can call us at 1-800-IPAY-AXP for Pay By or writing to us at American Express,Electronic Phone and Pay By Computer questions,and Words we use in this agreement Funds Services,P.O.Box 981540,EI Paso, at 1-800-CASH-NOW for Express Cash and In this EFT Agreement,you and your mean, TX 79998-1540 in time for us to receive your AutoPay questions.You may also write to us at in addition to the Basic Cardmember,any request at least 3 business days before the American Express,Electronic Funds Services, Additional Cardmembers who have enrolled in payment is scheduled to be made.We will tell P.O.Box 981531,EI Paso,TX 79998-1531. the service.We,our,and us mean American you,at least 10 days before each payment, In case of errors or questions Express Travel Related Services Company,Inc. when it will be made and how much it will be. If you think your statement or receipt is wrong, Your card account means the American Express If we receive your request to stop one of these or if you need more information about a trans- charge card account.Your bank is the bank, payments at least 3 business days before the action on your statement or receipt,call or write securities firm,or other financial institution that payment is scheduled to be made and we do us as soon as you can.We must hear from holds your bank account.Your bank account is not stop it,we will be liable for your losses or you no later than 60 days after we sent the the consumer bank account you use to pay for damages. FIRST statement on which the problem or error any transactions you make through the service. Unauthorized transactions appeared.If you do not contact us because of Withdraw or withdrawal means an electronic Tell us AT ONCE if you believe your card or certain circumstances(such as you are in the debit or deduction of funds from your bank PIN has been lost,stolen or used without your hospital),we may extend the 60-day period for account.Our business days are Monday through permission,or if you believe that a transaction a reasonable time.When you contact us: Friday,excluding holidays. has been made without your permission.Calling tell us your name and account number. How Express Cash works is the best way of keeping your possible losses describe the error or the transaction you are Express Cash enables you to withdraw cash from down.You could lose all the money in your unsure about.Explain as clearly as you can your bank account at participating automated bank account(plus your maximum overdraft why you believe it is an error or why you teller machines(ATMs).If you enroll in Express line of credit,if applicable).If you tell us within 2 need more information. Cash,we will issue or allow you to choose business days after you learn of the loss,theft or tell us the amount of the suspected error. a Personal Identification Number(P/M.You unauthorized use of your card or PIN,you can If you tell us orally,we may require that you must use this PIN along with your card when lose no more than$50 if someone used your send us your complaint or question in writing withdrawing cash from an ATM.Keep your PIN card or PIN without your permission. within 10 business days after you called us. confidential. If you do NOT tell us within 2 business days Within 10 business days after we hear from Each time you withdraw cash using Express after you learn of the loss or theft of your card or you we will determine whether an error has Cash,we will charge a fee of 3%of the amount PIN,and we can prove we could have stopped occurred.We will correct any error promptly. of the transaction or$5,whichever is more.The someone from using your card or PIN without However,if we need more time,we may take amount of the transaction is the total of the: your permission if you had told us,you could up to 45 calendar days to investigate.If we • amount of the withdrawal or funds transfer, lose as much as$500. do take more time,we will credit your bank • amount of goods or services received,and Tell us if you believe that someone has used or account within 10 business days(of the day we • any fee charged by the ATM operator or may use your card or PIN to use the EFT service decide we need more time)for the amount you network used for the withdrawal. without your permission.Call anytime at 1-800- think is in error so that you will have use of the You can get a receipt from the ATM each time 528-4800(or 1-336-393-1111 collect,if not in funds during the time it takes to complete our you withdraw money from your bank account the U.S.).You may also write to us at American investigation. using Express Cash. Express,Electronic Funds Services,P.O.Box If we ask you to put your complaint or question For each withdrawal made in a foreign currency, 981532,EI Paso,TX 79998-1532. in writing and we do not receive it within 10 we charge a fee of 2.7%of the converted U.S. Improper transactions or payments business days,we may not credit your bank dollar amount.See How we convert charges If we do not complete a transfer to or from your account for the amount you question. made in a foreign currency in Part 2 of the bank account on time or in the correct amount, We will tell you the results within 3 business Card member Agreement. according to this EFT Agreement,we will be days after completing our investigation.If we If a transaction is not honored by your bank,we liable for your losses or damages. decide that there was no error,we will send will charge the amount of the transaction and There are some exceptions.We are not liable: you a written explanation.You may ask for a fee of$38 to your card account,or we may if,through no fault of ours,you do not have copies of the documents that we used in our collect them directly from you. enough money in your bank account; investigation.If we have credited your bank • if the transfer would go over the credit limit on account and find no error,we will tell you when Limits on withdrawals any overdraft line you may have; we will withdraw that amount from your bank We apply the following limits to withdrawals.The if the ATM where you are making the transfer account again.You authorize us to withdraw ATM operator may also impose limits. does not have enough cash; this amount from your bank account. If your Zync Cards"" $1,000 in a 7-day period if the funds in your bank account were subject bank account does not have enough funds Green Card $1,000 in a 7-day period to legal process or other encumbrance that to cover this withdrawal,we can charge the Gold Card $2,500 in a 7-day period restricted the transaction; amount to your card account or collect the Executive if circumstances beyond our control(such as amount from you.If this happens,we may Business Card $2,500 in a 7-day period fire or flood)prevented the transaction,despite cancel your right to use a service. Platinum Card® $10,000 in a 30-day period our reasonable precautions;or We may end the services Centurion®Card $10,000 in a 30-day period if the terminal or system was not working We,or any bank or financial institution that AutoPay,Pay By Computer,Pay By Phone properly and you knew about the breakdown participates in the Express Cash service,may With these services,you can initiate electronic when you started the transfer. add to or remove any ATMs from the service. payments to your card account.When you do Privacy We may extend or limit the services at any so,you allow us or our agent to draw a check on We will disclose information to third parties location without telling you ahead of time.Also, or initiate an automated clearing house(ACH) about your transactions: we may stop a service at any time. withdrawal from your bank account in the amount when necessary for completing transactions; We may cancel your participation in a service you authorize. to comply with government agency or court at any time. If we do,we will write to you,but If your bank returns a check or ACH withdrawal orders;or we may not send you the notice until after we unpaid the first time we submit it for payment,we as stated in our Privacy Notice,which covers cancel.Also,we may refuse to authorize a your use of the services. transaction at our discretion. Version 996537 Page 7 of 10 We will end or suspend use of a service if: Note for Massachusetts residents electronic transfers for purchases • you do not use it for 18 months in a row, General disclosure statement:Any or service unless you are satisfied • your card account is in default, documentation given to you which shows that that you will not need to stop • your card account is cancelled or suspended, an electronic funds transfer was made will be • you cancel the authorization you gave your admissible as evidence of that transfer and will payment. bank to pay for any transactions you make constitute prima facie proof that the transfer was Disclosure of bank account information through a service,or made. to third parties:If you give us your written • your bank account is closed to withdrawals by Except as explained in this EFT Agreement,if authorization to disclose information about you, us or our agents. our bank account,or the transactions that you initiate an electronic funds transfer from y You may choose to stop using any service.If you your bank account,you cannot stop payment of you make to any person,that authorization will do,you must write to us at:American Express, the transfer. automatically expire 45 days after we receive it. Electronic Funds Services,P.O.Box 981531, Optional limit on obtaining cash:You can EI Paso,TX 79998-1531. Unless otherwise provided in ask us to limit the total amount of cash that Assignment this EFT Agreement, you may not you may get from ATMs in a single day to We may assign this EFT Agreement to a stop payment of electronic funds $50.If you choose this option,we will take all subsidiary or affiliate at any time. transfers.Therefore, do not use reasonable steps to comply with your request. Billing Dispute Procedure What To Do If You Find a Mistake on Your required to investigate any potential errors and After we finish our investigation,one of two Statement you may have to pay the amount in question. things will happen: If you think there is an error on your statement, What Will Happen After We Receive Your If we made a mistake:You will not have to write to us at: Letter pay the amount in question or any interest or American Express When we receive your letter,we will do two other fees related to that amount. PO Box 981535 things: If we do not believe there was a mistake: EI Paso TX 79998-1535 1.Within 30 days of receiving your letter,we will You will have to pay the amount in question, In your letter,give us the following information: tell you that we received your letter.We will along with applicable interest and fees.We will send you a statement tithe amount you • Account information:Your name and account also tell you if we have already corrected the owe and the date payment is due.We may number. error. • Dollar amount:The dollar amount of the 2.Within 90 days of receiving your letter,we will then report you as delinquent if you do not suspected error. either correct the error or explain to you why pay the amount we think you owe. • Description of problem:If you think there is an we believe the bill is correct. If you receive our explanation but still believe error on your bill,describe what you believe is While we investigate whether or not there has your bill is wrong,you must write to us within wrong and why you believe it is a mistake. been an error: 10 days telling us that you still refuse to pay.If You must contact us: We will not try to collect the amount in you do so,we will not report you as delinquent • Within 60 days after the error appeared on your question,nor report you as delinquent on that without also reporting that you are questioning statement. amount. your bill.We will tell you the name of anyone • At least 3 business days before an automated The charge in question may remain on your to whom we reported you as delinquent,and payment is scheduled,if you want to stop statement,and we may continue to charge we will let those organizations know when the payment on the amount you think is wrong. you interest on that amount. matter has been settled between us. You must notifyus While you do not have to pay the amount If we do not follow all of the rules above,you do of any potential errors in writing.You may call us,but if you do we are not in question,you are responsible for the not have to pay the first$50 of the amount you remainder of your balance. question even if your bill is correct. • We can apply any unpaid amount against your credit limit. Version 996537 Page 8 of 10 This page intentionally left blank. Version 996537 Page 9 of 10 An Important Notice Concerning Cardmember Privacy This Privacy Notice is addressed to United States holders of personal American Express®Charge Cards or accounts, Optima®Cards or accounts, other personal credit card accounts that we issue, and to United States holders of business charge and credit cards from OPEN from American Express. This Notice explains how we collect, use and safeguard information about you and how to limit the use and disclosure of your information. In this Notice, "American Express,""we," "our,"and "us" refer to American Express Travel Related Services Company, Inc.,American Express Centurion Bank and American Express Bank, FSB. These entities are"Affiliates" of each other, which are companies in the American Express family that are related to each other by common ownership or control. Our Affiliates also include publishers, travelers cheques issuers, travel agents and providers of Card-related insurance services. The cards and accounts that we issue are called "Cards"or"Card accounts." Holders of those Card accounts are called"Cardmembers"or"you(r)." What Information Do We Collect? Your Choices We obtain information about you from a variety of sources. Please let us know if you do not want us to use your You provide us with information about yourself, for Cardmember Information to communicate with you about example, by completing Card applications. This includes offers, including exclusive partner offers and offers from our your name, address, social security number, and income Affiliates, by mail, telephone and/or e-mail, or share your and asset information. Your use of the Card and your credit-related information with our Affiliates, by visiting us other transactions with us and our Affiliates provide us with at: additional information, such as your spending and payment www.americanexpress.com/communications. history. Other sources, such as credit reporting agencies You can also inform us of your choices (except for e-mail and providers of marketing information, furnish us with communications) by calling us at 1-800-297-8378. If you additional information about your credit history, purchasing make these choices, you may not learn about products, preferences, and other matters. We also obtain information services and features, including discounts and other about you in connection with our efforts to protect against special offers, we believe may be of interest to you and add fraud. We call all of this information "Cardmember value to your Card membership. Information." What Do We Do with Cardmember Information? If you have other Card accounts with us, you will receive We use Cardmember Information in connection with additional privacy notices that apply to those accounts. delivering products and services to you. To do this it is Please note that any choices you make will only apply often necessary to share it with our Affiliates and other to this account. companies we work with. These include companies that If you are the primary Cardmember on your Card account, manage Card accounts, offer affinity,frequent-user, and any choices you make in accordance with this Notice reward programs, companies that perform marketing will also apply to any other Cardmember on this account services and other business operations for us, and (except for e-mail communications). If you make choices companies whose products or services are provided not to receive offers as indicated above, we may still as a benefit of your Card account. We may also share include notices and information about the Card and other Cardmember Information with other financial institutions products and services when communicating with you about with whom we jointly offer products and services.And we your Card account and related products and services. may disclose it to other third parties as permitted by law. Information Security For example, we disclose Cardmember Information in We use reasonable administrative, technical and response to subpoenas, to credit reporting agencies, and physical security measures to protect your Cardmember to help prevent fraud. Information. Information We Share with Our Affiliates Former Customers You can inform us not to share with our Affiliates credit- If you cancel your Card, or your Card account(s) related information (except as permitted by law), such are closed, we will continue to treat and safeguard as your credit history as shown on a consumer report. If Cardmember Information about you as described in this you make this choice, we are permitted by law to share Notice. with our Affiliates information about our transactions and experiences with you, such as your payment history. For Vermont Cardmembers Only If your Card account has a Vermont billing address, we will Valuable Partner Offers We work with carefully selected business partners, such as automatically treat your account as if you had informed mus not to share your credit-related information with our merchants that accept the Card, so that you may receive Affiliates. offers for their products and services. We use Cardmember Information to help make these offers more relevant and valuable to you. If you respond to one of these offers, the business partner will know certain information about you, such as your name, that you are a Cardmember, and that you met the qualifications established for the offer. You can inform us not to send you these offers. Version 996537 Page 10 of 10 EXHIBIT`B" AMERICAN Business Gold Card p.1/5 EXPRESS DORIS DURF LONGBERGE SM DORIS J DURF Closing Date 07/25/14 Account Ending 9-41002 New Balance $6,009.22 visit Includes the past due amount of$5,935.22 www.membershiprewards.com Please Pay By* 08/10/14 $Payment is due upon receipt. We suggest you pay by the Please Pay By date. Account Summary Previous Balance $6,235.22 Payments/Credits -$300.00 See page 2 for important information about your account. New Charges +$0.00 Fees +$74.00 O This statement is for information purposes only.This is not a bill.Please New Balance $6,009.22 contact your collections agency for account information. Disregard the Minimum Payment Due,your account is in default and the balance is due in full. Days in Billing Period: 30 Customer Care Pay by Computer open.com/pbc Customer Care Pay by Phone 1-800-492-3344 1-800-472-9297 PSee page 2 for additional information. + Please fold on the perforation below,detach and return with your payment + ®Payment Coupon �PaybyComputer �PaybyPhone Account Ending 9-41002 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. DORIS J DURF Please Pay By DORIS DURF LONGBERGE 08/10/14 611 HOGESTOWN RD Amount Due MECHANICSBURG PA 17050-2613 $6,009.22 11111-111111"F�I111111��1��1�111�1�'�"'11111 Check here if your address or AMERICAN EXPRESS phone number has changed. P.O.BOX 1270 Note changes on reverse side. NEWARK NJ 07101-1270 0000349991309602118 000600922000600922 22 H DORIS J DURF Account Ending 9-41002 p.2/5 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 may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us,unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your 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 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 for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to calculate the ADB and interest results in daily compounding of interest How to Avoid Paying Interest:If you have a Pay Over Time balance,your due date is at least 25 days after the close of each billing period. We will not charge interest on charges added to a Pay Over Time balance if you pay the Account Total New Balance by the due date each month. Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it. We will chargea fee of 2.7%of the converted US dollar amount.We will choose a conversion rate that is acceptable to us for that date,unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on the date of your charge. Charges converted by establishments will be billed at the rates such establishments use. Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a check for the credit balance within 30 days if the amount is$1.00 or more. Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your Account may be reflected in your credit report. Customer Care&Billing Inquiries 1-800-492-3344 Hearing Impaired Website:americanexpress.com International Collect 1-336-393-1111 M:1-800-221-9950 Mobile Site: amexmobile.com Large Print&Braille Statements 1-800-492-3344 FAX:1-800-695-9090 Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 Customer Care &Billing Inquiries Payments P.O.BOX 981535 P.O.BOX 1270 EL PASO,TX NEWARK N1 79998-1535 07101-1270 Changeof Address If correct on front,do not use. Pay Your Bill with AutoPay •To change your address online,visit www.americanexpress.com/updatecontactinfo •For Name,Company Name,and Foreign Address or Phone changes,please call Customer Care. Avoid late fees • Please print clearly in blue or black ink only in the boxes provided. Save time Deduct your payment from your bank Street Address account automatically each month Visit americanexpress.com/autopay City,State today to enroll. Zip Code Area Code and Home Phone Area Code and Work Phone For information on how we protect your privacy and to set your communication Email and privacy choices,please visit www.americanexpress.com/privacy. /AMERICAN Business Gold Card p.3/5 EXPRESS DORIS DURF LONGBERGE SM DORIS J DURF Closing Date 07/25/14 Account Ending 9-41002 Payments and Credits Summary Total Payments -$300.00 Credits $0.00 Total Payments and Credits -$300.00— Detail *Indicates posting date Payments Amount 06/30/14* AGENCY REMITTANCE -$1,284.00 07/02/14* AGENCY REMITTANCE -$300.00 07/09/14* AGENCY REMITTANCE -$1,000.00 07/07/14* AGENCY NG CHECK $1,284.00 07/11/14* AGENCY NG CHECK $1,000.00 Fees *Indicates posting date Amount 07/07/14* Returned Payment Fee $37.00 07/11/14* Returned Payment Fee $37.00 Total Fees for this Period $74.00 2014 Fees and Interest Totals Year-to-Date Amount Total Fees in 2014_ _ ` $960.73 Total Interest in 2014 $0.00 DORIS J DURF Account Ending 9-41002 p.4/5 /AMERICAN OPEN Savings® Summary EXPRESS DORIS DURF LONGBERGE p.5/5 DORISJ DURF Closing Date 07/25/14 Account Ending 9-41002 Disco:Date Membership Rewards® Points This P $0.00 This Period 0 Yearto $0.00 Year to Date 0 Remember,you can get up to 4 additional Membership Rewards'points or up to 10%discounts on eligible purchases with OPEN Savings® partners.' Visit opensavings.com to learn more. Discounts will be applied in the form of a statement credit.For full terms and conditions go to opensavings.com The Membership Rewards points balance shown above reflects only points received through the OPEN Savings benefit and may not reflect any reversals.Please refer to your Membership Rewards account balance for the most up-to-date balance information. 1 See individual OPEN Savings partner terms and conditions located at opensavings.com Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �t.� t S , 5. t L�tirit+�, HE PRO 3 O lig e t,„rte 2tIti OCT 21 !M 2 59 CUMBERLAND COU TY PENNSY OFF OF fl E $ American Express Bank FSB vs. Doris J Durf Case Number 2014-5931 SHERIFF'S RETURN OF SERVICE 10/13/2014 04:56 PM - Deputy Shawn Harrison, being duly sworn according to law, ed the uested Complaint & Notice by "personally” handing a true copy to a person representing t -yy lve • 'e the Defendant, to wit: Doris J Durf at 611 Hogestown Rd., Silver Spring, Mechanicsbur SH • N HARR SON, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 15, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc.