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HomeMy WebLinkAbout14-6467 Supreme CourtOTennsylvania CouvUf,C4tlltl]O4,leas For Prothonotary Use Only: C- il.' over %he: t Docket No: CU BE v �- / County i 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 n Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction -1 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: AMERICAN EXPRESS CENTURION BANK SHAWN FLOURNOY T Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No Q (check one) 0outside arbitration limits N Is this a Class Action Suit? 0 Yes 0 Na Is this an MDJAppeal? 0 Yes F1 No A Name of Plaintiff/Appellant's Attorney: Amy F Doyle, Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 1 1 Debt Collection:Other 1 Board of Elections 0 Nuisance Dept.of Transportation ® Premises Liability H Statutory Appeal:Other 0 Product Liability(does not include 0Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other 0 Zoning Board T 0 Other: I --- 0 Other: O MASS TORT 0 Asbestos N Tobacco Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: [3 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation n Declaratory Judgment 0 Ground Rent n Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV NIA 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) 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 c,, c FILE NO. 10009116 & CUBS NO. 180251 3� S� 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 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 �laCorte sin mas aviso por ua quier dnero reclamado li juzgamiento puede ser entrado conta usted po 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 NLIN�ROIVIAC ON DE COMO CONQUI SEGUIR UN ESTA OFICINA PUEDE PROVEERE CO ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, CIOSL EGALRA INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVI 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. 10009116 & CUBS NO. 180251 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 4315 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. 10009116 & CUBS NO. 180251 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$7,320.98. 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$7,320.98,plus costs. FILE NO. 10009116 & CUBS NO. 180251 WHEREFORE, American Express demands judgment against Defendant on Count 1 in the sum of$7,320.98, plus costs. Respec"submi Amy F. , 2 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. 10009116 & CUBS NO. 180251 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 qF RF=G9R9G OF I EU()KL)* for American Express Centurion Bank, the Plaintiff in this matter, I am authorized to make this verification on their behalf. Date: Name: 'MC 1KIRD KIER Title: ASSISTANT CUSTODIAN OF RECORDS SHAWN FLOURNOY FILE NO. 10009116& CUBS NO. 180251 Ii I iI i 1i 1 �l 1 1 1 I 1 it ' EXHIBIT "A" 1 SHAWN R FLOURNOY Account Ending 7-81006 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 address to not be ted to (b1)include the remittance coupon fromPyour statement(2)be madments we receive after 5 e with als single checkidrawn onua UScount until the next bank and payable i dUS doll. Payments must also: ars,or with a negotiable instrument payable in US dollars and clearable through the US banking system;and(3)include your Account number. If your payment does not meet all of the above requirements,crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us,unless particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number and check serial number to yourfinancial institution,unless the check is not processable electronically or a less costly process is available.When we eposit our check arocess nd you will noreceive our check lthatgcancel cancelled check with your depositor ment may be withdrawn from otherour d asset account estatement. If we cannot collect he fur asset account as soon as the same nds electroniwe receive cally 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 amount electronic yourequest.service using such services ive us Ission f ours t received after electronically 00 p.m.MST may not be c ewithdraw funds from the dited until the next day.ositor other asset account you specify in the Y q Y 9 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 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 doilycompounding of interest. e will not ou interest on our urchases if ou New Balance Paying by the due darest Your due te each month. We ate is at least 25 willfcharge youer the close intereston ilcash advances/and(unlessotherwi e disclosed)balancet transfers beg paythe on the transaction date. Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.7%of the converted US 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 orthe highest interbank rate we identify from customary banking sources on the conversion date or the prior business day.This rate may differ from rates in effect on the date of your charge. Charges converted by establishments(such as airlines)will be billed at the rates such establishments use. Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.if within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a check for the credit balance within 30 days if the amount is$1.00 or more. New York residents may contact the New York Banking Department to obtain a comparative listing of credit card rates,fees and grace periods by calling 1-800-518-8866. Customer Service&Billing Inquiries 1-888-BLUE-741 Hearinglmpaired Website:americanexpress.com International Collect 1-336-393-1111 M:1-800-221-9950 Mobile Site: amexmobile.com Large Print&Braille Statements 1-888-BLUE-741 FAX:1-800-695-9090 Customer Service Express Cash 1-800-CASH-NOW In NY:1-800-522-1897 &Billing Inquiries Payments P.O.BOX 981535 P.O.BOX 1270 EL PASO,TX NEWARK NJ 79998-1535 07101-1270 Change of Address If correct on front,do not use. Pay Your Bill with AutoPay •To change your address online,visit www.americanexpress.com/updatecontactinfo Avoid late fees •For Name,Company Name,and Foreign Address or Phone changes,please call Customer Care. Save time •Please print clearly in blue or black ink only in the boxes provided. ,�---,, Deduct your payment from your bank account automatically each month Street Address f h' Visit americanexpress.com/autopay today to enroll. City,State Zip Code Area Code and Home Phone Area Code and For information on how we protect your Work Phone privacy and to set your communication and privacy choices,please visit Email www.americanexpress.com/privacy. gMERICAN Blue from American Express"' p.3/5 EXPRESS SHAWN R FLOURNOY Closing Date 12/16/10 Account Ending 7-81006 Payments and Credits Summary Total Payments -$200.00 Credits $0.00 Total Payments and Credits -$200.00 Detail *Indicates posting date Payments Amount 12/10/10* ONLINE PAYMENT-THANK YOU -$200.00 New Charges Summary Total Total New Charges $23.07 Detail ® SHAWN R FLOURNOY Card Ending 7-81006 Amount 11/15/10 WENDYS1790 Q25 MIDDLETOWN PA $16.06 8139358777 Description RESTAURANT CHARGES 11/15/10 HESS 38421000000000ETTERS PA $7.01 7179381428 Fees Amount Total Fees for this Period $0.00 Interest Charged Amount 12/16/10 Interest Charge on Purchases $97.89 Total Interest Charged for this Period $97.89 2010 Fees and Interest Totals Year-to-Date Amount Total Fees in 2010 $0.00 -- -------- -- - -- — -- -- ----- --- - -—--- -- --- -- ----- -- ----- ------- .---------- Total Interest in 2010 $584.81 Includes fees and interest charged for billing periods with closing dates on or afterJune 25,2010. Continued on reverse SHAWN R FLOURNOY Account Ending 7-81006 p.4/5 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on youraccount. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 17.24%(y) $6,689.84 $97.89 Cash Advances 25.24%(v) $0.00 $0.00 Total $97,89 (v)Variable Rate 4MERIWN EXPRESS p.5/5 Re: Blue from American Express Account ending in: 81006 12/07/2010 Dear Shawn R Flournoy, We want to help you understand how your credit card works. This includes changes we're required to make because of new federal regulations that impact late payment fees, returned payment fees, and Penalty APRs. These changes are summarized in the table below. We're also pleased to let you know we've rewritten your Cardmember Agreement so it's simpler and easier to use and understand. We've enclosed a copy of your new Cardmember Agreement, which includes information on: • rates and fees for your account • the minimum payment due and how payments are applied • when interest charges apply, and when they don't • other account terms You can learn more about how to manage your card account and protect your credit with simple tips, advice, and explanations by visiting americanexpress.com/consumerresources. Important The following is a summary of changes to your account terms, effective August 22, 2010. More detailed information about these account terms appears on page 2 of the Cardmember Agreement. Revised Terms, as of August 22,2010 Late Payment Fee Up to$35 Returned Payment Fee Up to$35 Penalty APR and When 27.24% It Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2)make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. IMPORTANT: See the reverse side of this letter for information about the termination of convenience checks and the duration of the Penalty APR. Thank you for your Cardmembership. We look forward to continuing to serve you. Sincerely, American Express See reverse side for important information CMAEUALE0000101 Convenience Checks We will no longer honor convenience checks. If you still have convenience checks, even if you requested them, DO NOT USE THEM. Any convenience checks presented to us for payment on or after March 1, 2011 will be DECLINED. Destroy any convenience checks you may have. If you use a convenience check despite this warning and it is declined, you may have to pay returned check fees or other penalties to whomever you wrote the check. How Long will the Penalty APR Apply? If the Penalty APR currently applies to your Account, we will review it on or before February 22, 2011 as described on the front of this letter. Before this review, the Penalty APR will continue to apply in accordance with the terms of your Cardmember Agreement in effect prior to August 22, 2010. CMAEUALE0000101 EINIERICgN E%PRE55 Cardmember Agreement: Part 1 of 2 As of: 12/07/2010 Blue from American Express Issuer:American Express Centurion Bank Cardmember Name: Shawn R Flournoy Credit Limit: $6,700(Cash Advance Limit: $200) Account Ending In: 81006 Rates and Fees Table Interest Rates Annual Percentage Rate 17.24% (APR)for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 17.24%for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it 27.24% Applies This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2) make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, the Federal Reserve Board visit the website of the Federal Reserve Board at httw//www.federaireserve.goy/cred itcard. 7AnnualMembershi Fee None ion Fees e Transfer Either$5 or 3%of the amount of each transfer,whichever is greater. •Cash Advance Either$5 or 3%of the amount of each cash advance, whichever is greater. • Foreign Transaction 2.7%of each transaction after conversion to US dollars. Penalty Fees • Late Payment Up to$35 •Returned Payment Up to$35 •Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAA00000105 Page 1 of 9 How Rates and Fees Work Rates Calculating The Annual Percentage Rate(APR)for variable rates is determined by adding an amount(margin) APRs and DPRs to the Prime Rate(see Determining the Prime Rate in Part 2).The Daily Periodic Rate(DPR)is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime+Margin APR DPR Purchase Prime+ 13.99% 17.24% 0.0472% Balance Transfer Prime+13.99% 17.24% 0.0472% Cash Advance Prime+21.99% 25.24% 0.0691% Penalty Prime+23.99% 27.24% 0.0746% Penalty APR for The penalty APR applies to new transactions if. If the Penalty APR applies to a bala7or new transactions you do not pay at least the Minimum Payment Due by the Closing Date of the ogly to re days after we sees nd youto anoticebilling period in which it is due, • you do not pay at least the Minimum We will review your Account every 6Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Pe times in 12 billing periods,or continue to apply until you have made timely • your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date,we existing balances can apply the penalty APR to those balances it does not already apply to.After you pay on time for 6 billing periods in a row,the penalty APR will no longer apply to those balances(but it may still Fees apply to other balances as described above). We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to$35. If we do not receive the Minimum Payment Due by its Payment Due Date,th7willnot If this happens again within the next 6 billing periods,the fee is$35. However,the late exceed the Minimum Payment Due. Paying late may also result in a Penalty APR.See 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. Overlimit None. See Credit limit and cash advance limit in Part 2. Statement Copy $5 for each statement you request,except for the 3 most recent billing g periods. Account Re-opening $25 if your Account is cancelled,you ask us to re-open it,and we do so. Balance Transfer 3%of the transaction,with a minimum of$5.A different fee may apply if stated in a promotional offer or at the time of a transaction.This fee is a finance charge.We will add it to the same balance as the balance transfer. Cash Advance 3%of the withdrawal and other services you obtain(including any fee charged by the ATM operator), with a minimum of$5.We will add this fee to the cash advance balance. Foreign Transaction 2.7%of the converted U.S.dollar amount.This fee is a finance charge.See Converting charges made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000105 Page 2 of 9 AMERICAN EXPRESS Cardmember Agreement: Part 2 of 2 CD 27738 Introduction About your This document together with Part 1 make up the Any supplements or amendments are also part of Cardmember Agreement Cardmember Agreement(Agreement)for the the Agreement.When you use the Account(or you Account identified on page 1 of Part 1. sign 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 added to your Account,such as purchases,cash the Agreement of Part 1. You and your mean the person who advances,balance transfers,fees and interest applied for this Account and for whom we opened charges.A purchase is a charge for goods or the Account.You and your also mean anyone who services.A cash advance is a charge to get cash agrees to pay for this Account.You are the Basic or cash equivalents.A balance transfer is a charge Cardmember.You may request a card for an to pay an amount you owe on another credit card Additional Cardmember(see About Additional account. Cardmembers in Part 2). To pay by a certain date means to send your Card means any card or other device that we issue payment so that we receive it and credit it to your to access your Account.A charge is any amount 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.At our Account status or changes to your card number or discretion,we may permit you to make cash expiration date.You must notify the merchants advances or balance transfers.You cannot transfer directly if you want them to stop charging your balances from any other account issued by us or our Account. affiliates. Keep your card safe and don't let anyone else use You may arrange for certain merchants to charge it.If your card is lost or stolen or your Account is your Account at regular intervals.We may(but are being used without your permission,contact us right not required to)tell these merchants about your away.You may not use your Account for illegal activities. 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. Credit limit We assign a Credit Limit to your Account.We may You agree to manage your Account so that: and cash advance limit make part of your Credit Limit available for cash your Account balance(including fees and interest) advances(Cash Advance Limit).There may also be is not more than your Credit Limit,and a limit on the amount you can withdraw from ATMs in your cash advance balance(including fees and a given period.The Credit Limit and Cash Advance interest)is not more than your Cash Advance Limit are shown on page 1 of Part 1 and on each Limit. billing statement. We may approve charges that cause your Account We may increase or reduce your Credit Limit and balance to go over your Credit Limit.If we do this, Cash Advance Limit.We may do so even if you pay we will not charge an overlimit fee.If we ask you to on time and your Account is not in default. promptly pay the amount of your Account balance above your Credit Limit,you agree to do so. Declined transactions We may decline to authorize a charge.Reasons we We are not responsible for any losses you incur if may do this include suspected fraud and our we do not authorize a charge.And we are not assessment of your creditworthiness.This may occur responsible if any merchant refuses to accept the even if the charge would not cause you to go over card. your Credit Limit and your Account is not in default. CMAEUACM0000102 Page 3 of 9 About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date.The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statement also shows a Closing Date.The Each statement also states the time and manner by Closing Date is the last day of the billing period which you must make your payment for it to be covered by the statement. Each Closing Date is credited as of the same day it is received.For your about 30 days after the previous statement's Closing payment to be considered on time,we must receive Date. How to make payments Make payments to us in U.S.dollars with: your billing statement.If we receive it after that time, • a single check drawn on a U.S.bank,or we will credit the payment on the day after we • a single negotiable instrument clearable through receive it. the U.S.banking system,for example a money If your payment does not meet the above order,or requirements,there may be a delay in crediting your • an electronic payment that can be cleared through Account.This may result in late fees and additional the U.S.banking system. interest charges(see How Rates and Fees Work on When making a payment by mail: page 2 of Part 1). • make a separate payment for each account, If we decide to accept a payment made in a foreign • mail your payment to the address shown on the currency,we will choose a rate to convert your payment coupon on your billing statement,and payment into U.S.dollars,unless the law requires us • write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we process a late payment,a partial payment,or a payment marked with any restrictive language,that If your payment meets the above requirements,we will have no effect on our rights and will not change will credit it to your Account as of the day we receive this Agreement. it,as long as we receive it by the time disclosed in How we apply payments Your Account may have balances with different • After the Minimum Payment Due has been paid, and credits interest rates.For example,purchases may have a we apply your payments to the balance with the lower interest rate than cash advances.If your highest interest rate,and then to balances with Account has balances with different interest rates, lower interest rates. here is how we generally apply payments in a billing In most cases,we apply a credit to the same period: balance as the related charge.For example,we • We apply your payments,up to the Minimum apply a credit for a purchase to the purchase Payment Due,first to the balance with the lowest interest rate,and then to balances with higher balance.We may apply payments and credits within balances,and among balances with the same interest rates. interest rate,in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement,we start with the highest of the following EXAMPLE:Minimum Payment Due three amounts: (1)2%of the New Balance(excluding late fees on Assume that your New Balance is$3,000, the statement);or interest is$29.57(see the example on the next (2)interest charged on the statement plus 1%of page),and you have no late fees or amounts the New Balance(excluding late fees and past due. interest on the statement),not to exceed 4%of (1) 2%x$3,000=$60.00 the New Balance;or (2) $29.57+1%x($3,000-$29.57)=$59.27 (3)$15. (3) $15.00 Then we add late fees on the statement,round to The highest of the three amounts is$60.00. the nearest dollar,and add any amount past due. So the Minimum Payment Due is$60.00. However,your Minimum Payment Due will not exceed your New Balance. Adjusting your If you regularly pay more than the Minimum Payment Due described above,we may adjust it in future Minimum Payment Due billing periods.This may let you make a smaller minimum payment from time to time.But if you then do not regularly pay more than the Minimum Payment Due described above,we will stop adjusting it and return to the formula above.If we start or stop adjusting your Minimum Payment Due,we will do so for at least six billing periods in a row.To adjust the Minimum Payment Due,we will not exclude late fees from (1)and not add I%of the New Balance in(2).Then,if(2)is the highest(but less than 4%of the New Balance),we will add$15.If we do the adjustment,we will not include any new late fees in the Minimum Payment Due. continued on next page... CMAEUACM0000102 Page 4 of 9 AMERICAN EXPRESS x ...continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due(not adjusted,except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due(not adjusted)is not more than$90 and equals the sum of your payments.However,we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction.You can avoid paying interest on purchases as described below.However,you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by by the Payment Due Date,we will not charge the Payment Due Date,we will not charge interest interest on purchases from the date of your on purchases. payment to the Closing Date of the billing period in If you pay the New Balance on a statement by the which you made that payment.But we will charge Payment Due Date and then you pay less than the interest on purchases from the beginning of that New Balance on the following statement by the billing period until the date of your payment. Payment Due Date,we will not charge interest on you pay the New Balance on each of the next two the portion of the purchase balance that we apply statements by their Payment Due Dates,we will that payment to.But we will charge interest on not charge interest on purchases on the following unpaid purchases. statement. If you do not pay the New Balance on a statement Also,we will not charge interest on purchases on a by the Payment Due Date and then: statement if the Previous Balance on that statement • you pay the New Balance on the next statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance.Different categories of transactions such as purchases and cash advances may have different interest rates.Balances within each category may also have different interest rates. We use the Average Daily Balance method Daily Balance (including new transactions)to figure interest For each day a DPR is in effect,we figure the daily charges for each balance.The total interest charged balance by: for a billing period is the sum of the interest charged taking the beginning balance for the day, on each balance. adding any new charges, Interest subtracting any payments or credits;and The interest charged for a balance in a billing period, making any appropriate adjustments. except for variations caused by rounding,equals: We add a new charge to a daily balance as of its • Average Daily Balance(ADB)x transaction date. • Daily Periodic Rate(DPR)x Beginning balance • number of days the DPR was in effect. For the first day of a billing period,the beginning ADB balance is the ending balance for the prior billing To get the ADB for a balance,we add up its daily period,including unpaid interest.For the rest of the balances.Then we divide the result by the number billing period,the beginning balance is the previous of days the DPR for that balance was in effect. If the day's daily balance plus an amount 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. CMAEUACM0000102 Page 5 of 9 Determining the We use the Prime Rate from the Money Rates use the Prime Rate from any other newspaper of Prime Rate section(or successor section)of The Wall Street general circulation in New York,New York.Or we Journal.The Prime Rate for each billing period is the may choose to use a similar published rate. Prime Rate published in The Wall Street Journal 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 but they can use your Account subject to the terms with them. of this Agreement.You are responsible for all use of If you want to cancel an Additional Cardmember's your Account by Additional Cardmembers and right to use your Account(and cancel their card)you anyone they allow to use your Account.You must must tell us. pay for all charges they make. Converting charges made If you make a charge in a foreign currency,we will interbank rate we identify from customary banking in a foreign Currency convert it into U.S.dollars on the date we or our sources on the conversion date or the prior business agents process it.Unless a particular rate is day.This rate may differ from rates that are in effect required by law,we will choose a conversion rate on the date of your charge.We will bill charges that is acceptable to us for that date.The rate we converted by establishments(such as airlines)at the use is no more than the highest official rate rates they use. published by a government agency or the highest Changing your You must notify us immediately if you change the: If you have more than one account,you need to billing address mailing address to which we send billing notify us separately for each account. statements;or We may update your billing address if we receive • e-mail address 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. Collection costs You agree to pay all reasonable costs,including attorneys'fees,that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about term of this Agreement.This may have a negative you,investigate your ability to pay,and obtain impact on your credit record. information about you from other sources.And you If you believe information we have given to a credit agree that we may use such information for any reporting agency is incorrect,write to us at: purposes,subject to applicable law. American Express Credit Bureau Unit,P.O.Box You agree that we may give information about your 981537,EI Paso,TX 79998-1537.When you write Account to credit reporting agencies.We may tell a to us,tell us your Account number and the specific credit reporting agency if you fail to comply with any information you believe is incorrect. CMAEUACM0000102 Page 6 of 9 AMERICAN EGRESS z 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.amedcanexpress.com/communications About insurance products We or our affiliates may tell you about insurance and or another affiliate is the insurer or reinsurer. non-insurance products,services or features that Compensation may influence what products and may have a fee.One of our affiliates may act on providers we or our affiliates tell you about. behalf of a provider of these products.The affiliate We may share information about you with our may be compensated for this.The insurance affiliates so they can identify products that may products are not offered or sold by us or on our interest you.We may be compensated for this behalf.Our affiliates may get additional information. compensation when Amex Assurance Company How we handle electronic When you pay us by check,you authorize us to If we do this,your payment may be deducted from debits from your checking electronically deduct the amount from your bank or your bank or other asset account on the same day account other asset account. we receive your check.Also,you will not receive We may process the check electronically by that cancelled check with your bank or asset transmitting to your financial institution: account billing statement. • the amount, If we cannot collect the funds electronically,we may • the routing number, issue a draft against your bank or other asset • the account number,and account for the amount of the check. • the check serial number. ExpressPay Cards issued on your Account may be equipped with ExpressPay.ExpressPay enables you to make charges without having the card swiped or imprinted.You can call us to deactivate ExpressPay at any time.Also,we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute.When you make charges at these agencies,we collect certain charge information.That information may be put to routine uses such as processing,billing and collections.It may also be aggregated for reporting,analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Convenience checks Convenience checks(including balance transfer add the fee to the same balance that we add the checks)are checks that we may send you to access convenience check transaction to. your Account.The following terms will apply to use We will charge$29 each time you ask us to stop of those checks unless otherwise disclosed with the payment on a convenience check. check. A convenience check is not a card.You may not use If you use a convenience check,we may decline it.If convenience checks to pay this or any other account we decline it,you may have to pay returned check with us or our affiliates.If you use a convenience fees or other penalties to whomever you wrote the check,we will apply the: check. • cash advance APR if you make it payable to cash, If you use a convenience check and we honor it,we to you,or to a bank,brokerage or similar asset will charge interest beginning as of the date we account,or to a mortgage or insurance provider. receive the check.You cannot avoid paying interest purchase APR if you make it payable to a on convenience check transactions. merchant. We will charge a fee for each convenience check balance transfer APR if you use it to transfer a transaction.This fee is 3%of the transaction,with a balance from another creditor. minimum of$5.This fee is a finance charge.We will penalty APR if it applies to your Account. Changing benefits We have the right to add,modify or delete any benefit,service,or feature of your Account at our discretion. Assigning the Agreement We may sell,transfer or assign this Agreement and your Account.We may do so at any time without notifying you.You may not sell,assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant,we may credit the Account for all or part of the disputed charge.If we do so,you assign and transfer to us all rights and claims(excluding tort claims)against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount.And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 7 of 9 We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement.If we do this,we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account.They govern without regard to internal principles of conflicts of law.We are located in Utah.We hold your Account in Utah.We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the any claim that you properly file and pursue in RIGHT OR AUTHORITY FOR ANY CLAIMS circumstances and procedures under which a small claims court of your state or TO BE ARBITRATED ON A CLASS ACTION claims may be arbitrated instead of litigated in municipality so long as the claim is individual BASIS OR ON BASES INVOLVING CLAIMS court. and pending only in that court. BROUGHT IN A PURPORTED Definitions Initiation of Arbitration REPRESENTATIVE CAPACITY ON BEHALF As used in this Arbitration provision,the term Any claim shall be resolved,upon the election OF THE GENERAL PUBLIC,OTHER claim means any claim,dispute or by you or us,by arbitration pursuant to this CARDMEMBERS OR OTHER PERSONS controversy between you and us arising from Arbitration provision and the code of SIMILARLY SITUATED.The arbitrator's or relating to your Account,this Agreement, procedures of the arbitration organization to authority to resolve claims is limited to claims the Electronic Funds Transfer Services which the claim is referred in effect at the time between you and us alone,and the Agreement,and any other related or prior the claim is filed(code),except to the extent arbitrator's authority to make awards is limited agreement that you may have had with us,or the code conflicts with this Agreement. to awards to you and us alone.Furthermore, the relationships resulting from any of the Claims shall be referred to either JAMS or the claims brought by you against us,or by us above agreements,except for the validity, American Arbitration Association(AAA),as against you,may not be joined or enforceability or scope of this Arbitration selected by the party electing to use consolidated in arbitration with claims brought provision. For purposes of this Arbitration arbitration.If our selection of either of these by or against someone other than you,unless provision,you and us also includes any organizations is unacceptable to you,you agreed to in writing by all parties. No corporate parent,or wholly or majority owned may select the other organization within 30 arbitration award or decision will have any subsidiaries,affiliates,any licensees, days after you receive notice of our selection. preclusive effect as to issues or claims in any predecessors,successors,assigns,any For a copy of the code,to file a claim or for dispute with anyone who is not a named party purchaser of any accounts,all agents, other information,contact either:JAMS(1920 to the arbitration.Notwithstanding any other employees,directors and representatives of Main St#300,Irvine,CA 92614 or provision of this Agreement(including but not an of the foregoing,and other persons limited to the Continuation subsection below Y n jamsadr.k,N or AAA or Madison Ave, and without waiving either party's right to ) referred to below in the definition of claims. New York,NY 10017 or adr.org). Claim includes claims of every kind and appeal such decision,should any portion of nature,including but not limited to,initial In addition to the organizations listed above, this Restrictions on Arbitration subsection be claims,counterclaims,cross-claims and third- claims may be referred to any other deemed invalid or unenforceable,then the parry claims and claims based upon contract, arbitration organization that is mutually entire Arbitration provision(other than this tort,fraud and other intentional torts,statutes, agreed upon in writing by you and us,or to an sentence)shall not apply. regulations,common law and equity.Claim arbitration organization or arbitrator(s) gArbitration Procedures also includes claims b ora against an third appointed pursuant to§5 of the Federal y g y Arbitration Act,9 U.S.C.§§1-16,as it may be This Arbitration provision is made pursuant to party using or providing any product,service amended(FAA),provided that any such transactions involving interstate commerce or benefit in connection with any account and shall be governed by the FAA.The (including,but not limited to,credit bureaus, organization and arbitrator(s)will enforce the arbitration shall be governed by the applicable third parties who accept the card,third parties terms of the Restrictions on Arbitration p p subsection set forth belowcode,except that this Agreement shall apply if . who use,provide or participate in fee-based there are any conflicts.The arbitrator shall or free benefit programs,enrollment services Significance of Arbitration apply applicable substantive law consistent and rewards programs,credit insurance IF ARBITRATION IS CHOSEN BY ANY with the FAA and applicable statutes of companies,debt collectors and all of their PARTY WITH RESPECT TO A CLAIM, limitations,shall honor claims of privilege agents,employees,directors and NEITHER YOU NOR WE WILL HAVE THE recognized at law,and,at the timely request representatives)if and only if,such third party RIGHT TO LITIGATE THAT CLAIM IN of either party,shall provide a brief written is a party in connection with the claim.The COURT OR HAVE A JURY TRIAL ON THAT explanation of the basis for the decision.The term claim is to be given the broadest CLAIM.FURTHER,YOU AND WE WILL arbitration proceeding shall not be governed possible meaning that will be enforced and NOT HAVE THE RIGHT TO PARTICIPATE by any federal or state rules of civil procedure includes,by way of example and without IN A REPRESENTATIVE CAPACITY OR AS or rules of evidence.Any party may request limitation,any claim,dispute or controversy A MEMBER OF ANY CLASS OF that the arbitrator expand the scope of that arises from or relates to(a)any of the CLAIMANTS PERTAINING TO ANY CLAIM discovery by doing so in writing and copying accounts created under any of the SUBJECT TO ARBITRATION.EXCEPT AS any other parties,who shall have 15 days to agreements,or any balances on any such SET FORTH BELOW,THE ARBITRATOR'S make objections.The arbitrator will notify the accounts,(b)advertisements,promotions or DECISION WILL BE FINAL AND BINDING. parties of his/her decision within 20 days of oral or written statements related to any such NOTE THAT OTHER RIGHTS THAT YOU any objecting party's submission.The accounts,goods or services financed under OR WE WOULD HAVE IF YOU WENT TO arbitrator shall take reasonable steps to any of the accounts or the terms of financing, COURT ALSO MAY NOT BE AVAILABLE IN preserve privacy.The arbitrator's award shall (c)the benefits and services related to ARBITRATION. be final and binding,except for any right of Cardmembership(including fee-based or free Restrictions on Arbitration appeal provided by the FAA;however,either benefit programs,enrollment services and IF EITHER PARTY ELECTS TO RESOLVE A party shall have 30 days to appeal that rewards programs),and(d)your application CLAIM BY ARBITRATION,THAT CLAIM decision by notifying the arbitration for any account.We shall not elect to use SHALL BE ARBITRATED ON AN organization and any other parties in writing. arbitration under this Arbitration provision for INDIVIDUAL BASIS.THERE SHALL BE NO continued on next page... CMAEUACM0000102 Page 8 of 9 AMERICAN EXPRESS ...continued from previous page Payment of Fees arbitration with us. The organization will then appoint a three- You will be responsible for paying your share, Continuation arbitrator panel which shall consider anew if any,of the arbitration fees(including filing, This Arbitration provision shall survive any aspect of the decision objected to by the administrative,hearing and/or other fees),but termination of your Account;voluntary appealing party.The panel shall issue its only up to the amount of the filing fees you payment of the Account balance in full by you; decision,by majority vote,within 120 days of would have incurred if you had brought a an legal proceeding b the appealing party's written notice.Judgment claim in the state or federal court closest to Y 9 P h Y You a k u collect a upon any award rendered by the arbitrator or Your billing address that would have had debt owed by the other;any bankruptcy by You or us;and any sale by us of your Account panel may be entered in any court having jurisdiction.We will be responsible for any (in the case of a sale,its terms shall apply to jurisdiction. additional arbitration fees.At your written the .If buyer of our Account an request,we will consider in good faith making y Y P ) Y Portion of Location of Arbitration this Arbitration provision,except as otherwise a temporary advance of all or part of your Arbitration hearings you attend shall take share of any arbitration fees.You will not be Provided in the Restrictions on Arbitration place in the federal judicial district of your subsection,is deemed invalid or residence. assessed any arbitration fees in excess of unenforceable,it shall not invalidate the your share if you do not prevail in any remaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our While we investigate whether or not there Your Rights If You Are Dissatisfied With responsibilities under the Fair Credit Billing has been an error: Your Credit Card Purchases Act. • We cannot try to collect the amount in If you are dissatisfied with the goods or What To Do If You Find a Mistake on Your question,or report you as delinquent on services that you have purchased with your Statement that amount. credit card,and you have tried in good faith to If you think there is an error on your The charge in question may remain on your correct the problem with the merchant,you statement,write to us at: statement,and we may continue to charge may have the right not to pay the remaining American Express you interest on that amount. amount due on the purchase. PO Box 981535 While you do not have to pay the amount in To use this right,all of the following must be EI Paso TX 79998-1535 question,you are responsible for the true: remainder of your balance. 1.The purchase must have been made in In your letter,give us the following We can apply any unpaid amount against information: your home state or within 100 miles of your • Account information:Your name and Your credit limit. current mailing address,and the purchase account number. After we finish our investigation,one of two price must have been more than$50. • Dollar amount:The dollar amount of the things will happen: (Note:Neither of these are necessary if suspected error. If we made a mistake:You will not have to your purchase was based on an • Description of problem:If you think there is pay the amount in question or any interest advertisement we mailed to you,or if we an error on your bill,describe what you or other fees related to that amount. own the company that sold you the goods believe is wrong and why you believe it is a If we do not believe there was a mistake: or services.) mistake. You will have to pay the amount in 2.You must have used your credit card for question,along with applicable interest and the purchase.Purchases made with cash You must contact us: fees.We will send you a statement of the advances from an ATM or with a check that • Within 60 days after the error appeared on amount you owe and the date payment is accesses your credit card account do not your statement. due.We may then report you as delinquent qualify. • At least 3 business days before an if you do not pay the amount we think you 3.You must not yet have fully paid for the automated payment is scheduled,if you owe. purchase. want to stop payment on the amount you think is wrong. If you receive our explanation but still believe If all of the criteria above are met and you are your bill is wrong,you must write to us within still dissatisfied with the purchase,contact us You must notify us of any potential errors in 10 days telling us that you still refuse to pay. in writing at: writing.You may call us,but if you do we are If you do so,we cannot report you as American Express not required to investigate any potential delinquent without also reporting that you are PO Box 981535 errors and you may have to pay the amount questioning your bill.We must tell you the EI Paso TX 79998-1535 in question. name of anyone to whom we reported you as While we investigate,the same rules apply to What Will Happen After We Receive Your delinquent,and we must let those 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. CMAEUACM0000102 Page 9 of 9 EXHIBIT`B" MERM Blue from American Express® p.1/7 SHAWN R FLOURNOY Closing Date 09/15/14 Account Ending 7-81006 Membership Rewards®Points New Balance $7,320.98 Availableand Pending as of 08/31/14 Minimum Payment Due $1,029.46 16,373 Includes the past due amount of$795.46 For up to date point balance and full program Payment Due Date 10/10/14 details,visit membershiprewards.com Account Summary Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $7,178.11 the Payment Due Date listed above,you may have to pay a late fee of up to Payments/Credits -$40.00 $37.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. New Charges +$40.00 Fees +$37.00 Interest Charged +$105.87 Minimum Payment Warning: If you make only the minimum payment each period, New Balance $7,320.98 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,029.46 example: Credit Limit $6,700.00 If you make no additional You will payoff the balance And you will pay an Available Credit $0.00 charges and each month you shown on this statement in estimated total of..: pay about... Cash Advance Limit $0.00 --- ----------------------------------------- ----- ------- -- Available Cash $0.00 Only the Minimum Payment Due 18 years $15,219 Days in Billing Period: 31 If you would like information about credit counseling services,call 1-888-733-4139. Customer Care PSee page 2 for important information about your account. ay by Computer Wapmne canexpress.com/pbcc Q Your account is past due and overlimit. If you would like to Customer Care Pay by Phone receive e-mail alerts about payments,spending or fraud protection, 1-888-258-3741 1-800-472-9297 you can sign up at americanexpress.com/alerts. See Page 2 for additional information See Page 5 for Important Information regarding benefits underwritten by AMEX Assurance Company J Please fold on the perforation below,detach and return with your payment + ®Payment Coupon Pay by Computer Pay by Phone Account Ending 7-81006 Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payable to American Express. '�IIII�II�'lll'lllll'III'III'�����I'�I�III�I"�'I"I�I�'�III"III SHAWN R FLOURNOY Payment Due Date 210 LORING CT 10/10/14 NEW CUMBERLND PA 17070-3156 New Balance $7,320.98 Minimum Payment Due $1,029.46 I�I'������I�I���I'll'�I'IIT��'III'�II'I�I�I11�1111111�11�11��1 ❑ AMERICAN EXPRESS $ •Check here addres P.O.BOX 1270 Amount Enclosed phone numberr has changed.ed. Note changes on reverse side. NEWARK NJ 07101-1270 0000349991157129081 000732098000102946 12 H SHAWN R FLOURNOY Account Ending 7-81006 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 particular rate is required by law. Pleasedo not send post-dated checks as they will be deposited upon receipt.Any restrictive language on a payment we accept will have no effect on us without our express prior written approval.We will re-present to your financial institution any payment that is returned unpaid. You may pay more than the Minimum Payment Due,up to your New Balance,at anytime. Permission for Electronic Withdrawal:(1)When you send a check for payment,you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check,routing number,account number and check serial number to yourfinancial institution,unless the check is not processable electronically or a less costly process is available.When we process your check electronically,your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check,and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2)By using Pay By Computer,Pay By Phone or any other electronic payment service of ours,you give us permission to electronically withdraw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m.MST may not be credited until the next day. How We CalculateYour Balance:We use the Average Daily Balance(ADB)method(including new transactions)to calculate the balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in doilycompoundingof interest. Paying Interest:Your due date is at least 25 days after the close of each billing period.We will not charge you interest on your purchases if you pay the New Balance by the due date each month. We will charge you interest on cash advances and(unless otherwise disclosed)balance transfers beginning on the transaction date. Foreign Currency Charges:If you make a Charge in a foreign currency,we will convert it into US dollars on the date we or our agents process it. We will chargea 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 bylaw. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments(such as airlines)will be billed at the rates such establishments use. Credit Balance:A credit balance(designated CR)shown on this statement represents money owed to you.If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance,we will send you a check for the credit balance within 30 days if the amount is$1.00 or more. Credit Reporting:We may report information about your Account to credit bureaus. Late payments,missed payments,or other defaults on your Account may be reflected in your credit report. Customer Care&Billing Inquiries 1-888-BLUE-741 Hearing Impaired Website: americanexpress.com 1-888-258-3741 TTY:1-800-221-9950 Mobile Site: amexmobile.com International Collect 1-336-393-1111 FAX:1-800-695-9090 Large Print&Braille Statements 1-888-BLUE-741 In NY:1-800-522-1897 Customer Care 1-888-258-3741 &Billing Inquiries Payments Cash Advanceat ATMs Inquiries 1-800-CASH-NOW P.O.BOX 981535 P.O.BOX 1270 EL PASO,TX NEWARK NJ 79998-1535 07101-1270 Change of Address If correct on front,do not use. Pay Your Bill With AutoPay •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. HMERICAN Blue from American Expresso p.3n EXPRESS SHAWN R FLOURNOY Closing Date 09/15/14 Account Ending 7-81006 Payments and Credits Summary Total Payments $0.00 Credits -$40.00 Total Payments and Credits -$40.00 Detail *Indicates posting date Credits Amount 08/29/14* MEM RWDS ANNUAL PROGRAM FEE CREDIT -$40.00 New Charges Summary Total Total New Charges $40.00 Detail *Indicates posting date ® SHAWNRFLOURNOY Card Ending 7-81006 Amount 08/29/14* MEM RWDS ANNUAL PROGRAM FEE $40.00 GOODS AND SERVICES Fees Amount 09/10/14 Late Payment Fee $37.00 Total Fees for this Period $37.00 Interest Charged Amount 09/15/14 Interest Charge on Purchases $105.87 Total Interest Charged for this Period $105.87 2014 Fees and Interest Totals Year-to-Date Amount Total Fees in 2014 $137.00 Total Interest in 2014 $883.77 SHAWN R FLOURNOY Account Ending 7-81006 P•4n Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subjectto Charge From To Rate Interest Rate Purchases 07/04/2014 17.24%(y) $81.22 $1.19 Purchases 04/25/2006 07/03/2014 17.24%(y) $7,153.91 $104.68 Cash Advances 07/04/2014 25.24%(y) $0.00 $0.00 Total $105.87 (v)Variable Rate Blue from American Express® P 5/7 AMERICAN EXPRESS SHAWN R FLOURNOY Closing Date 09/15/14 Account Ending 7-81006 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. S0294 BP/NACBASE/0914 SHAWN R FLOURNOY Account Ending 7-81006 p.6n AMERICAN Membership Rewards® p 7/7 EXPRESS Monthly Statement and Program News Prepared for SHAWN R FLOURNOY Account Number 1IM76382633 Questions About Your Account? Total Points Balance 16,373 � © membershiprewards.com Points Earned this Period o 1-800-AXP-EARN(297-3276) International Collect: 305-816-2799 Did You Know? Account Summary August 1,2014-August 31,2014 Use Points For Your Charges Opening Points Balance 16,373 Use your Card for charges like travel,dining, groceries,and more,then go online and use the Points Earned this Period 0 points you earned toward your eligible charges. Points Used this Period 0 Learn more at Reinstated Points and Adjustments 0 membershiprewards.com/yourcharges Total Points Balance 16,373 Points Earned this Period are pending until charges are paid in full and all your accounts are in good standing. Points Transaction Detail August 1,2014-August 31,2014 Points Earned this Period Points Activity On Bonus Points Total Points Eligible Charges Awarded Activity Per Card Blue 0 0 0 XXXX-XXXXX7-81006 Total 0 0 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing.Points transferred or—� redeemed cannot be reversed back into the program.Forfeited points can be reinstated for a fee by calling the number provided below or visiting membershiprewards.com.Terms and Conditions of the Membership Rewards Express®program apply. For more information,visit membershiprewards.com/termsor call 1-800-AXP-EARN(297-3276). From overseas,call collect 305-816-2799. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK Plaintiff vs. SHAWN FLOURNOY Defendant(s) TO THE PROTHONOTARY: No. 14-6467 CIVIL PRAECIPE TO DISCONTINUE Please discontinue the above captioned matter. Respectfully submitted, Amy F. D e'`e, 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. 10009116 & CUBS NO. 180251