Motion for Summary Judgment in American Express National Bank vs. Samuel Mancuso Aka Samuel A Mancuso| Trellis.Law

On April 11, 2022 a Motion,Ex Parte was filed involving a dispute between American Express National Bank, and Samuel A Mancuso, Samuel Mancuso Aka, for Consumer/Commercial Debt - Under $250,000 in the District Court of Montgomery County.

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NO. 22-04-04512

AMERICAN EXPRESS NATIONAL IN THE 6 COURT
BANK,
Plaintiff COUNTY

Vv. MONTGOMERY COUNTY, TEXAS

SAMUEL MANCUSO AKA SAMUEL A §
MANCUSO,
Defendant(s)

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

TO THE HONORABLE JUDGE OF SAID COURT:

American Express National Bank, Plaintiff moves for Summary Judgment against

Defendant(s), Samuel Mancuso Aka Samuel A Mancuso, respectfully showing the Court as

follows:

1 This Motion is based upon the pleadings on file and the affidavits attached hereto, which

are fully incorporated herein. Attached hereto as Exhibit “A” and fully incorporated herein

is the affidavit of a duly authorized agent of Plaintiff. The client affidavit includes as an

attachment a true and correct copy of the applicable supporting account documents for

account 006.

Summary judgment procedure is governed by Rule 166a of the Texas Rules of Civil

Procedure, which states that the judgment sought shall be rendered forthwith if the

summary judgment evidence shows that there is no genuine issue if material fact and the

moving party is entitled to judgment as a matter of law. TRCP Rule 166a (c); State v.

Carrillo, 885 S.W.2d 212, 214 (Tex App. — San Antonio 1994, no writ).

BREACH OF CONTRACT ANALYSIS: CREDIT CARD ACTIONS

In Winchek v. American Express, 232 $.W.3d 197 (Tex. App. - Houston [1*] 2007, no pet.),

the court held that a valid contract was formed by evaluating the terms of the cardmember
agreement. The language in the agreement here and in Winchek is nearly identical in parts

relevant to the Court’s decision.

Parties form a binding contract when the following elements are present: (1) offer, (2)

acceptance, (3) meeting of the minds, (4) mutual consent, and (5) execution and delivery

of the agreement. Wal-Mart Stores, Inc. v. Lopez, 93 8.W.3d 548, 555-56 (Tex. App. -

Houston [14th Dist.] 2002, no pet.); see also Sikander Ghia v. American Express, No. 14-

06-00653, 2007 Tex. App. LEXIS 8194 (Tex. App. — Houston [14" Dist.] Oct. 11, 2007,
no pet.). The agreement in the Winchek case and the agreement in the instant case contain

similar language that “use of [the credit card] means you accept this Agreement.” See

cardmember agreement; Winchek 232 S.W.3d at 204.

Use of a credit card and payments to an account demonstrate the existence of a contract.

Hay v. Citibank, No. 14-04-01131, 2006 Tex. App. LEXIS 8101, at *8 (Tex. App. -

Houston [14"] Sept. 14, 2006, no pet.); see also Winchek, 232 S.W.3d at 197. The Winchek

court articulated the well-established elements for a claim of breach of contract: (1) the

existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3)

breach of the contract by the defendant; (4) damages sustained as a result of the breach. Id.

at 202 (citing Prime Products, Inc. v. S.S.I. Plastics, Inc., 97 8.W.3d 631, 636 (Tex. App.

2002, pet. denied).

“Delivery may be proved by acts or words showing that the parties intended the contract

to become effective. When the parties manifest an intent through their actions and words

that the contract become effective, delivery is shown. In other words, when Parties

manifest an intent through their actions and words that a contract become effective, manual

delivery is immaterial to contract validity.” Duran v. Citibank (South Dakota), N.A., No.
01-06-00636-CV, 2008 Tex. App. LEXIS 2060, at *10 (Tex. App. - Houston [1“] Mar. 20,

2008) (citations omitted).

Regarding the final element of breach of contract claim (damages), the Winchek court

accordance significance to the facts that the card issuer sent monthly statements to the

defendant, that each set forth in detail all the debits and credits to the account, and that each

statement reflected the total amounts due and owing by the defendant. Thus, the court

concluded the card issuer “met its burden to show...damages sustained.” Winchek, 232

S.W.3d at 205.

In Sikander Ghia y. American Express Travel Related Services, Inc., 2007 Tex. App.

LEXIS 8194 (Tex. App. - Houston [14] Oct. 11 2007, no pet.), the appellate court

addressed the issue of proof necessary to show contract formation and breach of contract

damages in a credit card action. The Sikander court stated “American Express was not

required to outline each transaction comprising this balance,” when addressing the issue of

whether sufficient evidence existed regarding the balance owed. The court’s analysis was

as follows:

Appellant complains that [the creditor] did not present evidence
specifically outlining each transaction to prove it was properly billed
. . We recognize [the creditor] did not present . . . evidence [of]
every monthly statement since inception of the account; rather, it
attached statements for 2004 only... However, we conclude [the
creditor] was not required to outline each transaction outlining this
balance.

Sikander Ghia, 2007 Tex. App. LEXIS at *13.

The cardmember agreement in the Sikander case had provisions similar to the cardmember

agreement in this case requiring the cardholder to object in writing within sixty days after

the statement is issued to indicate any erroneous charges. The Sikander court determined

this provision of the agreement combined with the fact that the Defendant received monthly
statements as a sufficient basis to determine she was bound to pay the total amount due

even though every statement detailing every charge was not produced. Id. at *14.

10. Based on the foregoing, and the exhibits attached to this motion, there is no genuine issue

of material fact and Plaintiff is entitled to summary judgment as a matter of law on all

issues, all claims, all theories of damages, and all parties.

WHEREFORE, American Express National Bank, Plaintiff, respectfully requests that this

matter be set for hearing and that after hearing the Court rule that there is “no genuine issue of

material fact and that the Plaintiff is entitled to judgment as a matter of law” and that Plaintiff be

granted summary judgment against Defendant(s), Samuel Mancuso Aka Samuel A Mancuso, for

the following:

1 The principal damages amount claimed for in Plaintiffs Complaint of
$6,759.57 minus any payments received after filing this litigation, and
2. All costs of this proceeding.
Respectfully submitted,
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 Southwest Freeway, Ste. 408
Sugar Land, TX 77478
ZATE_Litigation@ZwickerPC.com
(281) 494-0300
(281) 494-0213 fax
BY: Lang,
Vf JOPNETT JANG, ESQ.
State Bar Num! + 24036943
[ ] OLEN MANNING
State Bar Number 24118453
CERTIFICATE OF SERVICE

I hereby certify that on the pb day of October, 2022, this office served a true and correct copy
of the foregoing in accordance with the Rule 21a of the Texas Rules of Civil Procedure upon the
below listed interested parties via

[ ] First-Class Mail

We-service
{ ] Certified Mail

Michael W. Weston.
177 West Gray Street
Houston, TX 77019
LAWSUITS@WESTONLEGAL.COM

py hang
(i SOHNETTW LANG, ESQ
[ ]OLEN, MANNING
NO. 22-04-04512

AMERICAN EXPRESS NATIONAL IN THE 6 COURT
BANK,
Plaintiff © COUNTY

Vv. MONTGOMERY COUNTY, TEXAS

SAMUEL MANCUSO AKA SAMUEL A
MANCUSO,
Defendant(s)

EXHIBIT LIST FOR
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Exhibit “A” Affidavit of Duly Authorized Agent of Plaintiff
Includes True and Correct Copy of Applicable Supporting Account Documents

Exhibit “B” Non-Military Status Verification
Attachments Include:
Official Printout from the United States Department of Defense-Manpower Data Center that
Defendant is Not an Active Member of the Armed Forces Currently on Duty

AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
EXHIBIT “A”
Affidavit in Support of Judgment

AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
SAMUEL MANCUSO AKA SAMUEL A MANCUSO
Account ending in: 006

AFFIDAVIT OF PLAINTIFF

I, Mario D. Morales-Arias, declare and state as follows:

1 Jam an Assistant Custodian of Records for AMERICAN EXPRESS NATIONAL BANK
("Plaintiff"), a national bank organized under the laws of the United States, ("American Express" hereinafter),
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, Utah 84070.

2 In my capacity as Assistant Custodian of Records for American Express, I am familiar with the
ongoing credit card business operations and practices of American Express, particularly with respect to its
recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by
American Express. I have access to the business records relating to credit card accounts issued by American
Express, including, in particular, the records of cardmember accounts and the applicable card agreements. I
have personal knowledge of American Express’ regular practices and procedures with respect to: (a) the
transmittal of credit card account agreements, notices, billing statements, and other documents; and (b) quality
assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am
generally familiar with the cardmember account records created and maintained by American Express.
Except where based on my review of records and documents regularly maintained in the ordinary course of
business, all of the matters set forth herein are within my personal knowledge and are true and correct and, if
called as a witness, I could competently testify thereto.

3 The billing statements and other documents referred to herein were created at or near either the
time of the transactions or the time the original statements were made and have been kept by American
Express in the ordinary course of business. In my experience, the systems used by American Express to
create and maintain data for and to produce billing statements and other documents are reliable and kept in a
good state of repair, and American Express’ procedures for inserting transaction and other data into the
systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements can be obtained
only by authorized American Express personnel or authorized agents pursuant to proper procedures, which
must be followed in order to obtain the statements. The other records referred to herein were created and kept
in the ordinary course of business by American Express and were created at or near the time of the occurrence
of the matters set forth by those records and/or were created based upon information transmitted by a person
with knowledge of the matters set forth in those records. It is the regular business practice of American
Express to make and keep said records. The statements contained in this affidavit are made based on my
personal knowledge of the business records practices of American Express.

4 All American Express credit card accounts are governed by a written agreement (the
“Cardmember Agreement”) setting forth the terms and conditions of the account. When an American Express
account is opened, the Cardmember Agreement is provided to the cardmember. The Cardmember Agreement
provides that use of the card constitutes acceptance of the agreement.

5 All American Express Cardmember Agreements expressly provide that American Express may
change the terms of the Cardmember Agreement from time to time. American Express advises current
cardholders of changes through change-in-terms notices, which are either mailed to American Express
cardmembers in separate mailings or included with or printed on the cardmembers’ monthly billing
statements.

ZATE
TX_AENB_001
SAMUEL MANCUSO AKA SAMUEL A MANCUSO
Account ending in: 006

6. American Express maintains computerized records of the amounts due and owing to American
Express for any transactions that occur when an individual uses an American Express credit card. The
computerized records reflect all debits and credits in connection with the use of an American Express credit
card. American Express sends or otherwise makes available monthly billing statements to cardmembers who
carry a balance or are otherwise required to receive a monthly statement.

7 I have personally reviewed American Express’ records concerning defendant SAMUEL
MANCUSO AKA SAMUEL A MANCUSO (“Defendant”). Those records reflect that Defendant opened an
American Express credit card account, the current account number ending in 006 (the “Account”) in 08/2018
Consistent with American Express’ standard business practices, American Express’ records reflect that it
mailed Defendant’s credit card, together with a copy of Defendant’s Cardmember Agreement, to Defendant
when American Express opened Defendant’s Account. Copies of each of these Cardmember Agreements
were transmitted to Defendant as they were periodically revised or updated. A true and correct copy of the
Cardmember Agreement in effect at the time of cancellation of the Account is annexed hereto as Exhibit “A”.

8 American Express’ records further reflect that Defendant used the Account to pay for various
goods and services and/or obtain cash advances. Consistent with American Express’ standard business
practices, American Express’ records reflect that it transmitted monthly billing statements to Defendant.
There is no record of Defendant ever asserting a valid unresolved objection to the balance shown as due and
owing on the monthly statements provided to Defendant.

9. Pursuant to American Express’ records, under the terms of the Cardmember Agreement,
Defendant defaulted in making the payments due on the Account. American Express’ records reflect that
American Express closed Defendant’s Account. After giving Defendant credit for all payments made, if any,
the amount justly due and owing as of 05/12/22 is $6,759.57, exclusive of court costs and attorneys’ fees. A
true and correct copy of the monthly Account Statements for the defendant’s Account for the period(s)
10/05/21 to 11/05/21 is annexed hereto as Exhibit “B”.

10. Defendant’s Account has not been sold or assigned by American Express, the original creditor
of the account.

ZATE
TX_AENB_001
SAMUEL MANCUSO AKA SAMUEL A MANCUSO
Account ending in: 006

11. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in
the military service of the United States as defined in the Servicemembers Civil Relief Actas amended nor an
infant, incompetent, under mental defect or infirm.

Dated: os} Yer By: ae
Name: Mario D. Mo: - ias
Title: Assistant Custodian of Records

STATE OF ARIZONA
COUNTY OF MARICOPA

Subscribed and sworn (or affirmed) before me this {pe day of Marl] , 2022

(Seal)
GER. GUTIERREZ
JOSEPHPublic VWAFE
.
Notary - Arizona
Maricopa County
Commission # 622268 2026
Notary 7 “Ca
Re <2 my Comm. Expires =€2

ZATE
TX_AENB_001
EXHIBIT A
BICR
Reorder Cardmember Agreement: Part 1 of 2 As of: 12/30/2020
Blue Cash Everyday®
Cardmember Name: SAMUEL MANCUSO
Credit Limit: $8,000 (Cash Advance Limit: $1,600) Account IEEE 06
Rates and Fees Table Issuer: American Express National Bank
olga Mat Lhe)
Annual Percentage Rate
(APR) for Purchases 20.99%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers | 20.99% for any balance transfer requests we may accept. Balance transfers are not
available.
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 29.24%
Applies This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if:
1) you make one or more late payments; or
2) your payment is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to your Account.
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 each month your entire balance (or, if you have a
plan outstanding, your balance adjusted for plans) by the due date. We will begin charging
interest on cash advances and balance transfers on the transaction date.
Plan Fee (Fixed Finance A monthly fee up to 1.33% of each purchase amount moved into a plan based on the plan
Charge) duration, the APR that would otherwise apply to the purchase, and other factors.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card, visit,
the Consumer Financial the website of the Consumer Financial Protection Bureau at
Protection Bureau http://www.consum: inance.gov/learnmore
i
Annual Membership Fee None
Transaction Fees
« Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. Balance transfers are
not available.
* Cash Advance Either $10 or 5% 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 $40.
« Returned Payment Up to $40.
* 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.

NE CMAENAOTOO00025 Page 1 of 4
.
How Rates and Fees Work

Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to
APRs and DPRs 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 + 17.74% 20.99% 0,0575%
Balance Transfer Prime + 17.74% 20.99% 0,0575%
Cash Advance Prime + 21.99% 25.24% 0,0692%
Penalty Prime + 25.99%" 29.24% 0,0801%
*The variable penalty APR will not exceed 29.99%
Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will
transactions . you do not pay at least the Minimum Payment apply to charges added to that balance 15 or
Due by the Payment Due Date on one or more days after we send you notice.
more occasions; 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
We may also consider your creditworthiness in
months being reviewed.
determining whether or not to apply the penalty
APR to your Account.
od
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.
Plan Fee Up to 1.33% of each purchase amount moved into a plan based on the plan duration, the APR that
would otherwise apply to the purchase amount(s), and other factors. This fee is a fixed finance charge
that will be charged each month that a plan is active. The dollar amount of your plan fee will be
disclosed when you set up a plan. For more information, see About the Plan It Feature in Part 2 of your
Cardmember Agreement.
Late Payment Up to $40. if we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If
this happens again within the next 6 billing periods, the fee is $40. 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 above.
Returned Payment Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the
fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40.
However, the returned payment fee will not exceed the applicable Minimum Payment Due. 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 retumed
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
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. Balance transfers are not available.
Cash Advance 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a
minimum of $10. We will add this fee to the Cash Advance balance.
Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting
charges made in a foreign currency.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.

(NR CMAENAOTO000025 Page 2 of 4
Supplement to the Cardmember Agreement

How Your Reward Program Works
Blue Cash Everyday®
How you earn reward You will earn Blue Cash® Reward Dollars (reward Merchants are assigned codes based on what
dollars dollars) for eligible purchases on your Blue Cash they primarily sell. We group certain merchant
codes into categories that are eligible for
Everyday? Card Account. The number of reward additional rewards. A purchase with a merchant
dollars you earn is based on a percentage of the will not earn additional rewards if the merchant's
dollar amount of your eligible purchases during the code is not included in a reward category. You
billing period. Eligible purchases are purchases may not receive additional rewards if we receive
made on your Card for goods and services minus inaccurate information or are otherwise unable
returns and other credits. to identify your purchase as eligible for a reward
category. For example, you may not receive
Eligible purchases do NOT include: additional rewards when:
fees or interest charges, * amerchant uses a third-party to sell their
balance transfers, products or services; or
cash advances, . a merchant uses a third-party to process or
purchases of traveler's checks, submit your transaction to us (e.g., using
purchases or reloading of prepaid cards, or mobile or wireless card readers), or
purchases of any cash equivalents. you choose to make a purchase using a third-
party payment account or make a purchase
using a mobile or digital wallet.
You will earn a reward of:
. 3% on the first $6,000 of eligible purchases in For questions about additional rewards on a
a calendar year at supermarkets located in the purchase, call the number on the back of your
U.S. (superstores and warehouse clubs are not Card. Please visit americanexpress.com/
considered supermarkets); tewards-info for more information about
2% on eligible purchases of gasoline at gas rewards.
stations located in the U.S. (superstores,
supermarkets and warehouse clubs that sell
gasoline are not considered gas stations);
2% on eligible purchases at select major
department stores located in the U.S. (The
current list of select major department stores at
which you can earn a 2% reward is available at
americanexpress.com/rewards-info); and
. 1% on all other eligible purchases.
When you will not earn You will not earn reward dollars for eligible Credits for eligible purchases will reduce the
reward dollars purchases posted to your Card Account during a number of reward dollars you earn.
billing period if the Minimum Payment Due shown on
the statement for that billing period is not paid by the
Closing Date of the next billing period.

How you can redeem You can redeem reward dollars for statement credits From time to time we may, at our option, offer
reward dollars whenever your total available reward dollar balance you other ways to redeem reward dollars, such
is 25 or more. The statement credit will appear on as for gift cards or merchandise. The minimum
your Card Account within 3 days and will apply to the redemption is 25 reward dollars.
billing period in which it appears. Reward Dollars You cannot redeem reward dollars if your Card
redeemed for a statement credit cannot be used to Account is cancelled or past due.
pay your Minimum Payment Due.
Redemption will be in the form of a statement credit
of $1 for every reward dollar redeemed. Partial
reward dollar redemptions will receive an equivalent
statement credit amount (e.g., 32.11 reward dollars
can be redeemed for a $32.11 statement credit).
When you will forfeit You will forfeit your entire reward dollar balance if your Card Account is cancelled for any reason.
reward dollars

ME €1MAEUPSP0000223, Page
3 of 4
The Reward Dollars The reward dollars shown on your billing statement If a credit to your Card Account places your
Summary under the heading Reward Dollars Summary is only eligible purchases in a negative status, the
for informational purposes. It does not show the Reward Dollars Summary on your billing
actual reward dollars that you may be entitled to ‘statement will show a negative balance. It will
receive. For example, a credit for eligible purchases continue to show a negative balance until you
posted to your Card Account can lower the reward accumulate eligible purchases exceeding the
dollars shown. negative eligible purchases.
Other things you should You will only receive rewards for eligible purchases. We may change the terms of this program at our
know about this program for personal, family or household use. discretion. If you violate or abuse this program,
Reward dollars are redeemable for rewards as you may forfeit some or all of your accrued
described above, they are not cash. reward dollars.

CMAEUPSP0000223 Page 40f 4
27805

Detail of Changes to Your Cardmember Agreement
This notice amends your American Express Cardmember Agreement ("Agreement") as described below. Any terms in
the Cardmember Agreement conflicting with this change are completely replaced. Terms not changed by this notice
continue to apply. If you have any questions, please call the number on the back of your Card.

A. Effective January 15, 2021, the definition of cash advance in the Words we use in the Agreement sub-section of the
Introduction section of Part 2 of your Cardmember Agreement will be deleted and replaced with the following:

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign
currency, money orders, digital currency, casino gaming chips, race track wagers, similar offline and online
betting transactions, precious metal coins or bullion and digital precious metals products.

B. Effective January 1, 2021, we are amending the How Your Reward Program Works section in the Supplement to the
Cardmember Agreement to state that "person-to-person transactions" are not eligible to earn rewards.

CMAEUDFY1000107 Page 1 of 2
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CMAEUDFY(000107 Page
2 of 2
Doe ID 28550
Cardmember Agreement: Part 2 of 2

How Your American Express Account Works
Introduction
About your Cardmember This document together with Part 1 make up the When you use the Account (or you sign or keep the
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.

Changing the Agreement ‘We may change this Agreement, subject to applicable Changes to some terms may require 45 days advance
taw. We may do this in response to the business, legal or Notice, and we will tell you in the notice if you have the
competitive environment. This written Agreements a final rightto reject a change. We cannot change certain
expression of the agreement governing the Account. The terms during the first year of your Cardmembership.
written Agreement may not be contradicted by any alleged
oral agreement.
We cannot increase the interest rate on existing balances
‘except in limited circumstances.

Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods, services, or
the Agreement Part 1. You and your mean the person who applied for person-to-person transactions. A cash advance is
this Account and for whom we opened the Account. You a charge to get cash or cash equivalents, including
and your also mean anyone who agrees to pay for this travelers cheques, gift cheques, foreign currency,
Account. You are the Basic Cardmember. You may money orders, digital currency, casino gaming chips,
request a card for an Additional Cardmember (see race track wagers, similar offline and online betting
About Additional Cardmembers in Part 2). transactions, and digital precious metals products.
A balance transfer is a chargeto pay an amount
Card means any card or other device that we issue to you owe on another credit card account. A person-
access your Account. A charge is any amount added to-person transaction is a charge for funds sent
to your Account, such as purchases, cash advances, to another person or a charge to add funds to your
balance transfers, fees and interest charges. ‘Amex Send? Account. A. plan is a portion of your
account balance that you have selected to pay over
time through a set number of monthly payments using
Plan It.
To pay by a certain date means to send your payment
so that we receive it and credit it to your Account by
that date (see About your payments in Part 2).
About using your card
Using the card You may use the card to make purchases. At our We may (but are not required to) tell these merchants
discretion, we may permit you to create plans, make and third parties if your expiration date or card
cash advances or balance transfers. You cannot transfer number changes or if your account status is updated,
balances from any other account issued by us or our including if your account is cancelled. If you do not
affiliates. want us to share your updated account information,
please contact us using the number on the back of
You may arrange for certain merchants and third parties your card.
to store your card number and expiration date, so that, for
example: Keep your card safe and don't et anyone else use it.
«the merchant may charge your account at regular If your card is lost or stolen or your Account is being
intervals; or used without your permission, contact us right away.
* you may make charges using that stored card You may not use your Account for illegal activities.
information.
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 and cash We assign a Credit Limitto your Account. We may make ‘your Account balanee (including fees and interest)
advance [i part of your Credit Limit available for cash advances is not more than your Credit Limit, and
(Cash Advance Limit). There may also be a limit on the ‘your cash advance balance (including fees and
‘amount you can withdraw from ATMs in a given period. interest) is not more than your Cash Advance
The Credit Limit and Cash Advance Limit are shown on Limit.
page 1 of Part 1 and on each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
We may increase or reduce your Credit Limit and Cash we will not charge an overlimit fee. Ifwe ask you to
Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance
your Account is not in default. above your Credit Limit, you agree to do so.
You agree to manage your Account so that:

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* Limits on person-to-person Your person-to-person transactions may not exceed the You agree to manage your Account so that the total
transactions $2,000 person-to-person transactions limit within any 30- of your person-to-person transactions in any 30-day
day period. period do not exceed the limiton person-to-person
transactions.
We may not approve a person-to-person transaction if
it would cause your Account to exceed the person-to-
person transaction limit or your Credit Limit.
Declined transactions We may decline to authorize a charge. Reasons we may and your Account is not in default. We are not
do this include suspected fraud and our assessment of responsible for any losses you incur if we do not
your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any
would not cause you to go over your Credit Limit merchant refuses to accept the card.
About the Plan It feature We may offer you Plan It, which allows you to create a ‘Your ability to initiate plans will be based on a variety
payment plan for qualifying purchases or a qualifying of factors such as your creditworthiness or your
amount, subject to a plan fee. This fee is a fixed finance Credit Limit. You will not be able to initiate plans
charge that will be charged each month that a plan is if your Account is cancelled. You will also not be
active. able to initiate plans if one or more of your American
You may use this feature by selecting qualifying Express accounts is enrolled into a debt management
purchases or a qualifying amount and a plan duration. You program, or has a payment that is returned unpaid,
will be able to view the monthly plan payments, including or is delinquent. We will tell you the number of active
plans you may have and we may change this number
the plan fee, for your selection, Each plan fee will be at any time. The plan durations offered to you, and
disclosed prior to your establishing the applicable plan and your abilty to include multiple qualifying purchases
will be based on the plan duration, the APR that would
otherwise apply to the purchase amount(s), and other or a qualifying amount in a single plan, will be at
our discretion and will be based on a variety of
factors. When you set up a plan, the purchases or amount
will be moved to a plan balance and will be subject to a factors such as your creditworthiness, the purchase
amount(s), and your Account history, You agree to
plan fee instead of the APR for purchases.
manage your Account so that the total of your plan
A qualifying purchase for Plan Itis a purchase of at least balances (including plan fees) is not more than your
a specified dollar amount. A qualifying amount for Plan Credit Limit.
Itis @ specified portion of your balance. These qualifying
purchases or a qualifying amount do not include: cash Plans cannot be cancelled after they have been set
of cash equivalents, purchases subject to Foreign ‘up but you can choose to pay them early by paying
Transaction Fees, or any fees owed to us, including the New Balance shown on your most recent billing
statement in full. If you pay a plan off early, you will
Annual Membership fees.
not incur any future plan fees on that plan.
About your payments
When you must pay You must pay at least the Minimum Payment Due by the Payment Due in such time and manner by the
Payment Due Date. The Minimum Payment Due and Payment Due Date shown on your billing statement.
Payment Due Date are shown on each billing statement, Each statement also shows a Closing Date. The
Each statement also states the time and manner by which Closing Date is the last day of the billing period
you must make your payment for it to be credited as covered by the statement. Each Closing Date is about
of the same day itis received. For your paymentto be 30 days after the previous statement's Closing Date.
considered on time, we must receive at least the Minimum
How to make payments Make payments to us in U.S, dollars with: If we receive it after that time, we will credit the
» asingle check drawn on a U.S. bank, or payment on the day after we receive it.
+ single negotiable instrument clearable through the
U.S. banking system, for example a money order, Fyour payment does not meet the above
* an electronic payment that can be cleared through the requirements, there may be a delay in crediting your

Case Info

Judge

Valdez, Scharlene Track Judge’s New Case

Case No.

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Document Filed Date

October 28, 2022

Case Filing Date

April 11, 2022

County

Parties

American Express National Bank Plaintiff
Espejel, Alexis Attorney
Michael W Weston Attorney for the Defendant
Samuel A Mancuso, Samuel Mancuso Aka Defendant
Trevon Watson Attorney for the Plaintiff
Ryan Yanaway Attorney
Trenton Sims Attorney
Courtney Baumbach Attorney
Gayle West Attorneys for Plaintiffs
Casey Smith Attorneys for Plaintiffs
Cody Peterson Attorneys for Plaintiffs
Olen Manning Attorneys for Plaintiffs
Robert Jenkins Attorney
Melissa Reed Attorneys for Plaintiffs
Johnetta Lang Attorneys for Plaintiffs
Jasmine Lewis Attorney
Mirza Baig Attorney
Deidre Harris Attorneys for Plaintiffs

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Motion,Ex Parte: American Express National Bank vs. Samuel Mancuso Aka Samuel A Mancuso

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Parties