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HomeMy WebLinkAbout14-6464 Supreme Cog bfrPennsylvania Cou fCo m>roo \Tleas For Prothonotary Use Only: Civil Cbver�S deet Docket No: CUMk3RLAND ` r 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 ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ® Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: AMERICAN EXPRESS CENTURION BANK SHAWN FLOURNOY T Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? El Yes 0 No (check one) 0outside arbitration limits 4 N Is this a Class Action Suit? ®Yes �x' No Is this an MDJAppeal? n Yes El No A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire I_-i Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies n Malicious Prosecution Ex Debt Collection:Credit Card ® Board of Assessment IJ Motor Vehicle 0 Debt Collection:Other Q Board of Elections Q Nuisance Dept.of Transportation IJ Premises Liability ® Statutory Appeal:Other S Product Liability{does not include E mass tort) 0 Employment Dispute: -1 Slander/Libel/Defamation Discrimination C 0 Other: E Employment Dispute:Other Zoning Board ,r 0 Other: I EJ Other: o MASS TORT Asbestos N -1 Tobacco Q Toxic Tort-DES F1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [I Ejectment Q Common Law/Statutory Arbitration B Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Q Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial E Quo Warranto Q Dental Q Partition ®Replevin E] Legal Quiet Title I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. I LI b Lf LeLl Cni l CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY,UT 84184 PLAINTIFF v �� vs. SHAWN FLOURNOY 210 LORING CT NEW CUMBERLND PA 17070 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 K -1y d FILE NO. 10009120 & CUES NO. 180536 ctl# /� #- 313oss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN,EXPRESS NO. CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF vs. SHAWN FLOURNOY 210 LORING CT NEW CUMBERLND PA 17070 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. 10009120 & CUBS NO. 180536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS NO. CENTURION BANK 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 PLAINTIFF VS. SHAWN FLOURNOY 210 LORING CT NEW CUMBERLND PA 17070 DEFENDANT(S) COMPLAINT 1. The Plaintiff is American Express, Centurion Bank(hereafter"American Express") with a place of business located at 43.15 South 2700 West, Salt Lake City, UT 84184. 2. The Defendant, SHAWN FLOURNOY, is an adult individual, residing at 210 LORING CT,NEW CUMBERLND PA 17070, CUMBERLAND County. 3. At all relevant times, American Express Centurion Bank was, and is, a bank chartered under the laws of the State of Utah. 4. At all relevant times, Defendant was the holder of an American Express card(the "Card")that enabled Defendant to charge items to an American Express credit card Account (Account Number) (the "Account"). 5. At all relevant times, Defendant was the basic cardmember on the Account, and was responsible for paying all amounts charged to the Account. 6. The Cardmember Agreement between Defendant and American Express (the "Agreement")was provided to Defendant during the time period in which the Card was utilized and maintained by Defendant, and therefore, Defendant assented to the terms and conditions contained therein, and a true and correct copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A". 7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set forth in the Agreement, including the following: a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts charged to the Account. FILE NO. 10009120 & CUBS NO. 180536 b. Defendant agreed to make the "Minimum Payment" (as that term is used in the 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$5,922.36. 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$5,922.36, plus costs. FILE NO. 10009120 & CUBS NO. 180536 WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of$5,922.36, plus costs. Respect sub d, Amy F. Doyle, Esquire, ID #87062 Philip Warholic, Esquire, ID #86341 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. 10009120 & CUBS NO. 180536 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 Centurion Bank,employed in the position of ASSISTANT CUSTODIAN and in my capacity as ASSISTANT CUSTODIAN OF RECORDS UF RECORDS for American Express Centurion Bank,the Plaintiff in this matter,I am authorized to make this verification on their behalf. Date: Name: RICHARD KIER Title: ASSISTANT CUSTODIAN OF RECORDS SHAWN FLOURNOY FILE NO. 10009120 &CUBS NO. 180536 EXHIBIT"A" AMERICAN EXPRESS Cardmember Agreement: Part 1 of 2 As of: 01/04/2011 Traditional Green Card Cardmember Name: Shawn R Flournoy Issuer:American Express Centurion Bank Account Ending In:26004 Spending Limit: $5,800 Fees Table 7ForMn bership Fee $55 Fees gansaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment Up to$35; however, if you do not pay for two billing periods in a row, your fee will be$35 or 2.99%of the past due amount, whichever is greater. • Returned Payment Up to$35 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAAO0000101 Page 1 of 9 How Rates and Fees Work Rates-for Pay Over balances Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will new transactions • you do not pay at least the Minimum apply to charges added to that balance 15 or Payment Due by the Closing Date of the more days after we send you notice. billing period in which it is due 2 times in 12 billing periods,or We will review your Account every 6 months after • your payment is returned by your bank. the Penalty APR is applied.The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date,we existing balances can apply the penalty APR to those balances it does not already apply to.After you pay on time for 6 billing periods in a row,the penalty APR will no longer apply to those balances(but it may still apply to other balances as described above). Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.We will charge$30 for up to 5 additional cards,then$30 for each additional card thereafter. Late Payment Up to$35 or 2.99%of the amount past due. If you do not pay the Amount Due on a billing statement before the 10th day after the next Closing Date,the fee is$25. If this happens again within the next 6 billing periods,the fee is$35 instead. In both cases, if you do not pay the amount past due by the following Closing Date,we will charge, in that same billing period,the greater of $35 or 2.99%of the amount past due. For each subsequent billing period that an amount past due remains unpaid,the fee is the greater of$35 or 2.99%of any amount past due. However,the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR.See Penalty APR for new transactions and Penalty APR for existing balances above. Returned Payment Up to$35. If your payment is returned unpaid the first time we present it to your bank,the fee is $25. If this happens again within the next 6 billing periods,the fee is$35. However,the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned.A returned payment may also result in a Penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid.We will also charge you the unpaid amount. Statement Copy $5 for each statement you request,except for the 3 most recent billing periods. Account Re-opening $25 if your Account is cancelled,you ask us to re-open it,and we do so. Foreign Transaction 2.7%of the converted U.S.dollar amount.This fee is a finance charge.See Converting charges made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAAO0000101 Page 2 of 9 AMERICAN EGRESS x Cardmember Agreement: Part 2 of 2 CD 27737 Introduction About your This document together with Part 1 make up the supplements or amendments are also part of the Cardmember Agreement Cardmember Agreement(Agreement)for the Agreement.When you use the Account(or you sign Account identified on page 1 of Part 1.Any or keep the card),you agree to the terms of the Agreement. Changing the Agreement We may change this Agreement,subject to to some terms may require 45 days advance notice, applicable law.We may do this in response to the and we will tell you in the notice if you have the right business,legal or competitive environment. to reject a change.We cannot change certain terms We cannot increase the interest rate on existing during the first year of your Cardmembership. balances except in limited circumstances.Changes Words we use in We,us,and our mean the issuer shown on page 1 Card means any card or other device that we issue the Agreement of Part 1. You and your mean the person who to access your Account.A charge is any amount applied for this Account and for whom we opened added to your Account,such as purchases,fees and the Account.You and your also mean anyone who interest charges.A purchase is a charge for goods agrees to pay for this Account.You are the Basic or services. Cardmember.You may request a card for an To pay by a certain date means to send your Additional Cardmember(see About Additional payment so that we receive it and credit it to your Cardmembers in Part 2). Account by that date(see About your payments in Part 2). About using your card Using the card You may use the card to make purchases.You may not required to)tell these merchants about your also use the card at an ATM to get cash from a Account status or changes to your card number or checking account you designate. expiration date.You must notify the merchants We decide whether to approve a charge based on directly if you want them to stop charging your how you spend and pay on this Account and other Account. accounts you have with us and our affiliates.We also Keep your card safe and don't let anyone else use it. consider your credit history and your personal If your card is lost or stolen or your Account is being resources that we know about. used without your permission,contact us right away. You may arrange for certain merchants to charge You may not use your Account for illegal activities. your Account at regular intervals.We may(but are Promise to pay You promise to pay all charges,including: • charges you make,even if you do not present your card or sign for the transaction, • charges that other people make if you let them use your Account,and • charges that Additional Cardmembers make or permit others to make. Declined transactions We may decline to authorize a charge.Reasons we We are not responsible for any losses you incur if we may do this include suspected fraud and our do not authorize a charge.And we are not assessment of your creditworthiness.This may occur responsible if any merchant refuses to accept the even if your Account is not in default, card. About Pay Over We may add features to your Account that allow you outside the U.S.If you enroll in the Extended Time features to pay certain charges over time.These features Payment Option,we will automatically place all include Select&Pay Later,Sign&Travel®and the eligible charges into a Pay Over Time balance.A Extended Payment Option. charge is eligible if it equals or is more than a certain Select&Pay Later lets you pay a charge over time in dollar amount.We will tell you this amount when you two ways.You may ask a travel industry merchant at enroll,and it is subject to change.We will tell you if the time you make the charge,or ask us after the we change it.Certain charges are not eligible,such charge appears on your statement.If we approve as cash and similar transactions. your request,we will place the charge into a Pay We will not place any charge into a Pay Over Time Over Time balance.If we decline your request,you balance if it causes the total of your Pay Over Time must pay the charge in full upon receipt of your balances to go over$35,000.We will tell you if we billing statement. change that amount.You must pay in full all charges If you enroll in Sign&Travel,we will automatically that are not placed into a Pay Over Time balance place eligible travel-related charges into a Pay Over upon receipt of your billing statement.We may Time balance.Some examples are airline and cruise change which charges are eligible to be placed into ship tickets,hotels,car rentals and charges made a Pay Over Time balance. CMAEUACM0000101 Page 3 of 9 About your payments When you must pay Payment of the New Balance is due upon receipt of of the same day it is received. your statement. If a statement includes a Pay Over Each statement also shows a Closing Date.The Time balance,it will show a Minimum Payment Due. Closing Date is the last day of the billing period In this case,you must pay at least the Minimum covered by the statement.Each Closing Date is Payment Due by the Payment Due Date.Each about 30 days after the previous statement's Closing statement also states the time and manner by which Date. you must make your payment for it to be credited as How to make payments Make payments to us in U.S.dollars with: your billing statement.If we receive it after that time, • a single check drawn on a U.S.bank,or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S.banking system,for example a money If your payment does not meet the above order,or requirements,there may be a delay in crediting your • an electronic payment that can be Geared through Account.This may result in late fees and additional the U.S.banking system. interest charges(see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency,we will choose a rate to convert your payment coupon on your billing statement,and payment into U.S.dollars,unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment,a partial payment or a If your payment meets the above requirements,we payment marked with any restrictive language,that will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it,as long as we receive it by the time disclosed in How we apply payments If a statement includes a Pay Over Time balance,it rate and then to balances with higher interest rates. and credits will show a Minimum Payment Due.The Minimum After the Minimum Payment Due has been paid,we Payment Due is the Pay In Full New Balance plus apply payments to the remaining Pay Over Time bal- the Pay Over Time Minimum Due. ance.When we do this,we apply payments first to If you have a Pay Over Time balance,we generally the balance with the highest interest rate and then to apply payments up to the Minimum Payment balances with lower interest rates. Due first to the Pay Over Time Minimum Due and In most cases,we apply a credit to the same bal- then to the Pay In Full New Balance.When applying ance as the related charge.We may apply payments a payment to the Pay Over Time Minimum Due,we and credits within balances,and among balances apply it first to the balance with the lowest interest 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 EXAMPLE:Pay Over Time Minimum Due following three amounts: Assume that your Pay Over Time New Balance (1)2%of the Pay Over Time New Balance;or is$3,000,interest is$29.57(see the example on (2)interest charged on the statement plus 1%of the the next page),and you have no Pay Over Time Pay Over Time New Balance(excluding interest amounts past due. on the statement),not to exceed 4%of the Pay Over Time New Balance;or (1) 2%x$3,000=$60.00 (3)$20. (2) $29.57+1%x($3,000-$29.57)=$59.27 Then we round to the nearest dollar.After that,we (3) $20.00 add any Pay Over Time amount past due. The highest of the three amounts is$60.00. However,your Pay Over Time Minimum Due will not So the Pay Over Time Minimum Due is$60.00. exceed your Pay Over Time New Balance. Adjusting your Pay Over If you regularly pay more than the Minimum Payment Due described above,we may adjust the Pay Over Time Minimum Due Time 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. continued on next page... CMAEUACM0000101 Page 4 of 9 AMERICAN EXPRESS z ...continued from previous page 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 on Pay Over Time balances When we charge interest For charges added at your request If you pay the Account Total New Balance on a We charge interest on charges that are added at statement by the Closing Date shown on the next your request to a Pay Over Time balance as of the statement,then on that next statement we will not date the charge is added.If you pay the Account charge interest on those charges. Total New Balance on a statement by the Closing If you paid the Account Total Previous Balance on a Date on the next statement,then on that next statement by its Closing Date,and you pay less than statement we will not charge interest on any Pay the Account Total New Balance on that statement by Over Time portion of that Account Total New the Closing Date of the next statement,then we will Balance. not charge interest on the portion of automatically For charges added automatically added charges that we apply your payment to.But We charge interest on charges that are added we will charge interest on the remaining portion of automatically to a Pay Over Time balance beginning those charges. on the transaction date.However,you can avoid Also,we will not charge interest on automatically paying interest on those charges as described added charges shown on a statement if the Account below. Total Previous Balance on that statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Balances within each feature such as Select&Pay Later,Sign&Travel and Extended Payment Option may have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions)to figure interest For each day a DPR is in effect,we figure the daily charges for each balance.The total interest charged balance by: for a billing period is the sum of the interest charged taking the beginning balance for the day, on each balance. adding any new charges, Interest subtracting any payments or credits;and The interest charged for a balance in a billing period, making any appropriate adjustments. except for variations caused by rounding,equals: We add a new charge to a daily balance as of its • Average Daily Balance(ADB)x transaction date. • Daily Periodic Rate(DPR)x Beginning balance • number of days the DPR was in effect. For the first day of a billing period,the beginning ADB balance is the ending balance for the prior billing To get the ADB for a balance,we add up its daily period,including unpaid interest.For the rest of the balances.Then we divide the result by the number billing period,the beginning balance is the previous of days the DPR for that balance was in effect. If the day's daily balance plus an amount of interest equal daily balance is negative,we treat it as zero. to the previous day s daily balance multiplied by the DPR DPR for that balance. This method of figuring the A DPR is 1/365th of an APR,rounded to one ten- beginning balance results in daily compounding of thousandth of a percentage point.Your DPRs are interest. shown in How Rates and Fees Work on page 2 of When an interest rate changes,the new DPR may Part 1. come into effect during not just at the beginning of the billing period.When this happens,we will EXAMPLE:calculating Interest create a new balance and apply the new DPR to it. Assume that you have a single interest rate of To get the beginning balance on the first day for this 15.99%,your ADB is$2,250 and there are 30 new balance,we multiply the previous day's daily days in the billing period. balance by the old DPR and add the result to that The DPR is 15.99%+365 days=0.0438% day's daily balance. Other methods Interest is$2,250 x 0.0438%x 30 days=$29.57 To figure the ADB and interest charges,we may use other formulas or methods that produce equivalent results.Also,we may choose not to charge interest on certain types of charges. CMAEUACM0000101 Page 5 of 9 Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section(or successor section)of The Wall Street general circulation in New York,New York.Or we Journal.The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall Street Journal If the Prime Rate increases,variable APRs(and days before the Closing Date of the billing period. corresponding DPRs)will increase.In that case,you The Wall Street Journal may not publish the Prime may pay more interest and may have a higher Rate on that day.If it does not,we will use the Prime Minimum Payment Due.When the Prime Rate Rate from the previous day it was published.If The changes,the resulting changes to variable APRs Wall Street Journal is no longer published,we may take effect as of the first day of the billing period. Other important information About Additional At your request,we may issue cards to Additional You authorize us to give Additional Cardmembers Cardmembers Cardmembers.They do not have accounts with us information about your Account and to discuss it with but they can use your Account subject to the terms them. of this Agreement. If you want to cancel an Additional Cardmember's You are responsible for all use of your Account by right to use your Account(and cancel their card)you Additional Cardmembers and anyone they allow to must tell us. use your Account.You must pay for all charges they make. Converting charges made If you make a charge in a foreign currency,we will identify from customary banking sources on the in a foreign currency convert it into U.S.dollars on the date we or our conversion date or the prior business day.This rate agents process it.Unless a particular rate is required may differ from rates that are in effect on the date of by law,we will choose a conversion rate that is your charge.We will bill charges converted by acceptable to us for that date.The rate we use is no establishments(such as airlines)at the rates they more than the highest official rate published by a use. government agency or the highest interbank rate we Changing your billing You must notify us immediately if you change the: If you have more than one account,you need to address mailing address where we send billing statements; notify us separately for each account. or We may update your billing address if we receive • e-mail address to which we send notice that your information that it has changed or is incorrect. billing statement is available online. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending We may: We may do any of these things at our discretion, your Account cancel your Account, even if you pay on time and your Account is not in • suspend the ability to make charges, default. • cancel or suspend any feature on your Account, If your Account is cancelled,you must destroy your and cards.We may agree to reinstate your Account after • notify merchants that your Account has been a cancellation.If we do this,we may: cancelled or suspended. reinstate any additional cards issued on your If we do any of these,you must still pay us for all Account, charges under the terms of this Agreement. charge you any applicable annual fees,and • charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider your Account in default,we may: • you violate a provision of this Agreement, suspend your ability to make charges, • you give us false information, cancel or suspend any feature on your Account, • you file for bankruptcy, require you to pay more than your Minimum • you default under another agreement you have Payment Due immediately,and with us or an affiliate, require you to pay your Account balance • you become incapacitated or die,or immediately. • we believe you are unable or unwilling to pay your debts when due. Credit reports You agree that we may obtain credit reports about term of this Agreement.This may have a negative you, investigate your ability to pay,and obtain impact on your credit record. information about you from other sources.And you If you believe information we have given to a credit agree that we may use such information for any reporting agency is incorrect,write to us at: purposes,subject to applicable law. American Express Credit Bureau Unit,P.O.Box You agree that we may give information about your 981537,EI Paso,TX 79998-1537.When you write to Account to credit reporting agencies.We may tell a us,tell us the specific information you believe is credit reporting agency if you fail to comply with any incorrect. CMAEUACM0000101 Page 6 of 9 AMERICAN EXPRESS x Collection costs You agree to pay all reasonable costs,including attorneys'fees,that we incur to collect amounts you owe. Sending you notices We mail you notices through the U.S.mail,postage prepaid,and address them to you at the latest billing address on our records.Any notice that we send you this way is deemed to be given when deposited in the U.S.mail. We may contact you From time to time,we may contact you about topics to ensure the quality of customer service or when it ranging from servicing to marketing offers to is required by law. collecting amounts you owe.We may monitor and You can choose to not receive marketing offers from record phone calls between you(or any Additional us.To do this,call us at 1-800-297-8378 or log on to Cardmembers on your Account)and us.We do this www.americanexpress.com/communications About insurance products We or our affiliates may tell you about insurance and another affiliate is the insurer or reinsurer. non-insurance products,services or features that Compensation may influence what products and may have a fee.One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products.The affiliate We may share information about you with our may be compensated for this.The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you.We may be compensated for this behalf.Our affiliates may get additional information. compensation when Amex Assurance Company or How we handle When you pay us by check,you authorize us to If we do this,your payment may be deducted from electronic debits from electronically deduct the amount from your bank or your bank or other asset account on the same day your checking account other asset account.We may process the check we receive your check.Also,you will not receive that electronically by transmitting to your financial cancelled check with your bank or asset account institution: billing statement. • the amount, If we cannot collect the funds electronically,we may • the routing number, issue a draft against your bank or other asset • the account number,and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay.ExpressPay enables you to make charges without having the card swiped or imprinted.You can call us to deactivate ExpressPay at any time.Also,we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute.When you make charges at these agencies,we collect certain charge information.That information may be put to routine uses,such as processing,billing and collections.It may also be aggregated for reporting,analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Changing benefits We have the right to add,modify or delete any benefit or service of your Account at our discretion. Assigning the Agreement We may sell,transfer or assign this Agreement and your Account.We may do so at any time without notifying you.You may not sell,assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant,we may You agree that you will not pursue any claim against credit the Account for all or part of the disputed the merchant for the credited amount.And you must charge.If we do so,you assign and transfer to us all cooperate with us if we decide to do so. rights and claims(excluding tort claims)against the merchant. We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and We are located in Utah.We hold your Account in your Account.They govern without regard to internal Utah.We entered into this Agreement with you in principles of conflicts of law. 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... CMAEUACM0000101 Page 7 of 9 ...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 below. 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 arbitrator's 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 any aspect of the decision objected to by the an,or agreements, balances on an such Restrictions on Arbitration 9 y y IF EITHER PARTY ELECTS TO RESOLVE A appealing party.The panel shall issue its oralaccounts,(b)advertisements,promotions CLAIM BY ARBITRATION,THAT CLAIM decision,by majority vote,within 120 days of written statements related to any succh the appealing party's written notice.Judgment accouu written goods or services financed under SHALL BE ARBITRATED ON AN upon an award rendered b the arbitrator or an of the accounts or the terms of financing, INDIVIDUAL BASIS.THERE SHALL BE NO p y y Y g' (c)the benefits and services related to RIGHT OR AUTHORITY FOR ANY CLAIMS panel may be entered in any court having Cardmembership(including fee-based or free TO BE ARBITRATED ON A CLASS ACTION jurisdiction. benefit programs,enrollment services and BASIS OR ON BASES INVOLVING CLAIMS Location of Arbitration rewards programs),and(d)your application BROUGHT IN A PURPORTED 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 of your state or SIMILARLY SITUATED.The arbitrator's You will be responsible for paying your share, municipality so long as the claim is individual authority to resolve claims is limited to claims if any,of the arbitration fees(including filing, and pending only in that court. between you and us alone,and the administrative,hearing and/or other fees),but arbitrator's authority to make awards is limited only up to the amount of the filing fees you Initiation of Arbitration to awards to you and us alone.Furthermore, Any claim shall be resolved,upon the election claims brought b would have incurred a you had brought a b you or us,b arbitration pursuant to this , Y You against us,or by us claim in the state or federal court closest to Y Y Y P against you,may notjoined or your billing address that would have had Arbitration provision and the code of consolidated in arbitration with claims brought procedures of the arbitration organization toby or against someone other than youunless 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 request,we will consider in good faith making ( ) P arbitration award or decision will have any a temporary advance of all or part of your the code conflicts with this Agreement.Claims preclusive effect as to issues or claims in any share of any arbitration fees.You will not be shall be referred to either JAMS or the dispute with anyone who is not a named party American Arbitration AssociationAAA ,as assessed any arbitration fees in excess of ( ) to the arbitration.Notwithstanding any other your share if you do not prevail in any selected by the party electing to use provision of this Agreement(including but not 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). case of a sale,its terms shall apply to the This Arbitration provision is made pursuant to buyer of your Account). If any portion of this In addition to the organizations listed above, transactions involving interstate commerce 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 sided 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 shall not invalidate the remaining portions of 9 ( ) PP there are any conflicts.The arbitrator shall this provision. pursuant to§5 of the Federal Arbitration Act, apply applicable substantive law consistent CMAEUACM0000101 Page 8 of 9 HMERICAN EXPRESS A Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our While we investigate whether or not there has Your Rights If You Are Dissatisfied With responsibilities under the Fair Credit Billing been an error: Your Credit Card Purchases Act. We cannot try to collect the amount in If you are dissatisfied with the goods or What To Do If You Find a Mistake on Your question,or report you as delinquent on services that you have purchased with your Statement that amount. credit card,and you have tried in good faith to If you think there is an error on your The charge in question may remain on your correct the problem with the merchant,you statement,write to us at: statement,and we may continue to charge may have the right not to pay the remaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 While you do not have to pay the amount in To use this right,all of the following must be EI Paso TX 79998-1535 question,you are responsible for the remainder of your balance. true: In your letter,give us the following We can apply any unpaid amount against 1.The purchase must have been made in information: your home state or within 100 miles of your • Account information:Your name and your credit limit. current mailing address,and the purchase account number. After we finish our investigation,one of two price must have been more than$50. • Dollar amount:The dollar amount of the things will happen: (Note:Neither of these are necessary if suspected error. if we made a mistake:You will not have to your purchase was based on an • Description of problem:If you think there is pay the amount in question or any interest advertisement we mailed to you,or if we an error on your bill,describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong and why you believe it is a if we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2.You must have used your credit card for question,along with applicable interest and the purchase.Purchases made with cash You must contact us: fees.We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due.We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3.You must not yet have fully paid for the automated payment is scheduled,if you owe. purchase. want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong,you must write to us within still dissatisfied with the purchase,contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing.You may call us,but if you do we are If you do so,we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill.We must tell you the EI Paso TX 79998-1535 in question. name of anyone to whom we reported you as delinquent,and we must let those While investigate,the same rules apply to What Will Happen After We Receive Your q the disputed amount as discussed above. Letter organizations know when the matter has After we finish our investigation,we will tell When we receive your letter,we must do two been settled between us. you our decision.At that point,if we think you things: If we do not follow all of the rules above,you owe an amount and you do not pay,we may 1.Within 30 days of receiving your letter,we do not have to pay the first$50 of the amount report you as delinquent. must tell you that we received your letter. you question even if your bill is correct. We will also tell you if we have already corrected the error. 2.Within 90 days of receiving your letter,we must either correct the error or explain to you why we believe the bill is correct. CMAEUACM0000101 Page 9 of 9 EXHIBIT`B" .4MERICEW American Express" Traditional Green Card p. 1/7 EXPRESS SHAWN R FLOURNOY Closing Date 09/12/14 Account Ending 3-26004 New Balance $5,922.36 visit Minimum Payment Due $1,366.89 www.membershiprewards.com Includes the past due amount of$1,215.89 Payment Due Date 10/07/14 Account Summary Late Payment Warning: If you do not pay your Minimum Payment Due,you Pay In Full Portion may have to pay a late fee of up to$37.00 and your Pay Over Time APR may be Previous Balance $794.89 increased to the Penalty APR of 27.24%. Payments/Credits -$30.00 New Charges +$0.00 Fees +$37.00 New Balance = $801.89 Pay Over Time Portion Minimum Payment Warning: If you make only the minimum payment each period, Previous Balance $5,056.83 you will pay more in interest and it will take you longer to pay off your balance. For Payments/Credits -$0.00 example: New Charges +$0.00 Fees +$0.00 If you make no additional You will pay off the Pay Over And for the PayOver Time Interest Charged +$63.64 charges and each month you Time balance shown on this balance you will pay an New Balance = $5,120.47 pay statement in about... estimated total of... Minimum Due $565.00 Only the Minimum Payment Due 15 years $9,843 Account Total Previous Balance $5,851.72 If you would like information about credit counseling services,call 1-888-733-4139. Payments/Credits -$30.00 New Charges +$0.00 PSeepage 2 for important information about your account. Fees +$37.00 Interest Charged +$63.64 Q Your account is cancelled and past due. New Balance $5,922.36 Minimum Payment Due $1,366.89 See Page 5 for Important Information regarding benefits Days in Billing Period: 30 underwritten by AMEX Assurance Company Customer Care See Page 7 for an Important Change to Your Account Terms Pay by Computer FM amerlcanexpress.com/pbc im Customer Care PaybyPhone 1-800-528-4800 1-800-472-9297 OSee page 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 3-26004 ® Do not staple or use paper clips im americanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. III"11'11"llll'll'lllll'I'1111'll"'llllll'll"'I'lllllllllll'I SHAWN R FLOURNOY Payment Due Date 210 LORING CT 10/07/14 NEW CUMBERLND PA 17070-3156 New Balance $5,922.36 Minimum Payment Due $1,366.89 I'l'llll'lll'lllll"l'III"IIIIIIIIIIIIIIIIIIIIIII'111'1"'null AMERICAN EXPRESS 0 phone numb $ • Checkhereber has changed.youraddressor P.O.BOX 1270 Amount Enclosed Note changes on reverse side. NEWARK NJ 07101-1270 0000349990811972456 000592236000136689 09 d SHAWN R FLOURNOY Account Ending 3-26004 p 2/7 Payments:Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m.local time at that address to be credited as of the day it is received.Payments we receive after 5 p.m.will not be credited to your Account until the next day.Payments must also:(1) include the remittance coupon from your statement;(2)be made with a single check drawn on a US bank and payable in US dollars,or with a negotiable instrument payable in US dollars and clearable through the US banking system;and(3)include your Account number.If your payment does not meet all of the above requirements,crediting may be delayed and you may incur late payment fees and additional interest charges.Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system.If we accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us,unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt.Any restrictive language on a payment we accept will have no effect on us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid. If you have a Payover Time balance,you may pay more than the Minimum Payment Due,up to your New Balance,at any time. Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number and check serial number to 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 Calculate Your Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying Interest If you have a Pay Over Time balance,your due date is at least 25 days afterthe close of each billing period. We will begin charging interest on transactions added to a Pay Over Time balance as of the date they are added. However,we will not charge interest on charges added to a PayOver Time balance automatically(forexample,Sign&Travel and Extended Payment Option)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 charge a fee of 2.7%of the converted US dollaramount.We will choose a conversion rate that is acceptable to us for that date,unless a particular rate is required by law.The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments 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 1-800-528-4800 Hearing Impaired Website: americanexpress.com International Collect 1-336-393-1111 TTY:1-800-221-9950 Mobile Site: amexmobile.com Large Print&Braille Statements 1-800-528-4800 FAX:1-800-695-9090 Lost or Stolen Card 1-800-992-3404 In NY:1-800-522-1897 Customer Care Express Cash 1-800-CASH-NOW &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. •To change your address online,visit www.americanexpress.com/updatecontactinfo Pay Your Bill with AutoPay • 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 City,State Visit americanexpress.com/autopay today to enroll. Zip Code Area Code and Home Phone Area Code and Work Phone For information on how we protect your Email privacy and to set your communication and privacy choices,please visit wvjw.americanexpress.com/privacy. AMERICAN American Express® Traditional Green Card EXPRESS P.3n SHAWN R FLOURNOY Closing Date 09/12/14 Account Ending 3-26004 Payments and Credits Summary Pay In Full Pay Over Time ♦ Total Payments $0.00 $0.00 Credits $0.00-$30.00 $0.00 $30.00 Total Payments and Credits -$30.00 $0.00 -$30.00 Detail •indicates posting date Credits 08/29/14* MEM RWDS ANNUAL PROGRAM FEE CREDIT Amount- -$30.00 mount-$30.00 Fees 09/12/14 Late Payment Fee Amount $37.00 Total Fees for this Period $37.00 Interest Charged Amount 09/12/14 Interest Charge on Pay Over Time Purchases $63.64 Total Interest Charged for this Period $63.64 2014 Fees and Interest Totals Year-to-Date Total Fees in 2014 Amount - --- ---. .-- $192.00 - ----- ------- ----------------------- Total Interest in 2014 -- —-------- ----- -- $568.87 - SHAWN R FLOURNOY Account Ending 3-26004 p.an Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Transactions Dated Annual Balance Interest From To Percentage Subjectto Charge Rate Interest Rate Sign&Travel and/or Extended Payment Option 12/12/2006 03/14/2013 15.24%(v) Total $5,087.52 $63.64 (v)Variable Rate $63.64 AMERICAN American Express® Traditional Green Card EXPRESS p.5/7 SHAWN R FLOURNOY Closing Date 09/12/14 Account Ending 3-26004 Notice of Important Changes to the Additional Benefits of Your Card Effective immediately,we are making a change to the location of the Terms and Conditions of the Additional Benefits of Your Card. You can now access and view the Terms and Conditions for the Additional Benefits of your eligible Cards online at americanexpress.com/BenefitsGuide. Depending on your Card, you may have access to the following benefits: Purchase Protection, Return Protection, Extended Warranty, Event Ticket Protection Plan, Global Assist Hotline, Premium Global Assist Hotline, Roadside Assistance Hotline, Enhanced Roadside Assistance, Premium Roadside Assistance, Car Rental Loss and Damage Insurance, Travel Accident Insurance, Baggage Insurance Plan or Employee Card Misuse Protection. If you would like a printed version of the Terms and Conditions, please call the number on the back of your Card. The insurance products are no longer available in certain territories. Effective August 1, 2014,the insurance products that come as a benefit of your Cardmembership are not available for residents of the Federated States of Micronesia, The Marshall Islands, and the Republic of Palau. Depending on your Card, the insurance products may include: Purchase Protection, Extended Warranty, Event Ticket Protection Plan, Car Rental Loss and Damage Insurance, Travel Accident Insurance, Baggage Insurance Plan or/and Employee Card Misuse Protection. We are making an Important Change to your Roadside Assistance benefit, one of the no additional charge benefits on your Card. Through November 30, 2014, your Card features Enhanced Roadside Assistance'. After that date, we will no longer pay for emergency roadside assistance services. Instead, starting December 1, 2014, your Card will feature Roadside Assistance Hotline 2. Roadside Assistance Hotline provides coordination and assistance with obtaining emergency services like towing, changing a flat, or boosting a battery, and you can use your Card to ,pay. Third-party service costs are your responsibility. There are some vehicle exclusions and other important restrictions. Terms and Conditions apply. Visit americanexpress.com/RAterms or call us if you would like a printed version. Notice or Terms Information ' Enhanced Roadside Assistance provides the following services at no additional cost up to 4 times per calendar year when Card Member is more than 50 miles from their primary residence and present with the eligible vehicle:towing up to 10 miles,winching,jump starts, flat tire change when Card Member has a workable spare, lockout service when key is in vehicle and delivery of up to 2 gallons of fuel. Card Member will be charged for the costs of towing in excess of 10 miles and any other additional services, including any services requested when 50 miles or less from their primary residence. Coverage is available in the United States, Canada, Puerto Rico and the U.S. Virgin Islands. This product does not cover some vehicles, e.g. rental vehicles, motorcycles,taxicabs, unlicensed vehicles,tractors and trucks over 10,000 lbs gross vehicle weight. Other important exclusions apply. In case of inclement weather, we may be unable to provide you with services. Services may not be available or may be at the cost of the Card Member on roadways which restrict access to certain service providers. Lockout service may be unavailable for vehicles with transponder keys. Subject to important additional terms,conditions and exclusions. For full Terms and Conditions, call 1-800-333-AMEX or see americanexpress.com/RAterms. 2 Roadside Assistance Hotline is a 24-hour dispatch hotline that can send a tow operator or locksmith to assist in an emergency situation.While Roadside Assistance Hotline is available at no additional charge,the Card Member will be charged for any services or goods provided. Tow operator or locksmith can provide the following services:towing, winching,jump starts, flat tire change when Card Member has a workable spare, lockout service when key is in vehicle and delivery of up to 2 gallons of fuel. Services are available when traveling within the United States, Canada, Puerto Rico and the U.S. Virgin Islands and only when Card Member is present with the eligible vehicle. This product does not cover some vehicles, e.g. rental vehicles, motorcycles,taxicabs, unlicensed vehicles,tractors and trucks over 10,000 lbs gross vehicle weight. Other important exclusions apply.We may be unable to provide you with coordination and assistance services in case of inclement weather or on roadways which restrict access to certain service providers. Lockout service may be unavailable for vehicles with transponder keys. Subject to additional important terms, conditions and exclusions. For full Terms and Conditions, call 1-800-333-AMEX or see americanexpress.com/RAterms. S0694 BP/NACCGBS/0914 SHAWN R FLOURNOY Account Ending 3-26004 p.6/7 NMERIwIv American Express® Traditional Green Card EXPRESS SHAWN R FLOURNOY p.7/7 Closing Date 09/12/14 Account Ending 3-26004 Notice of Important Changes to Your Account Terms We are making changes to the American Express Cardmember Agreement ("Agreement'), Your Agreement for Transferring Funds Electronically (EFT) and other terms governing your account referenced in is We urge you and any Additional Cardmembers on your account to read the below notice carefully and filenotice. it along with your Agreement in a safe place for future reference. SummafChn r"s Phone Numbers for We are changing the How to contact u "EFT"Inquiries Agreement for Transferring Funds Elect oa ni tlly to update the toll-frethe services section of e numbers provided in that section. Detail of Changes to Your Account Terms The terms of the account referenced in or with this notice are subject to change in accordance with Your Agreement for Transferring Funds Electronically(the"EFT Agreement'). This notice formally amends the Agreements as described below. Any terms in the Agreement conflicting with these changes is 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. Effective immediately, the How to contact us about the services section of Your Agreement for Transferring Funds Electronically is deleted and replaced with the following: "You can call us at 1-8004PAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, at 1-800-528-4800 for AutoPay questions, and at 1-800-CASH-NOW for Express Cash questions. You may also write to us at American Express, Electronic Funds Services, P.O. Box 981531, EI Paso, TX 79998-1531." S1194 BP/EFTBASE/0914 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK No. 14-6464 CIVIL Plaintiff vs. SHAWN FLOURNOY Defendant(s) PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above captioned matter. Respectfully submitted, Amy F. Doyle, Esquire, ID #87062 Philip Warholic, Esquire, ID #86341 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. 10009120 & CUBS NO. 180536 rrt