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Filing # 86218166 E-Filed 03/12/2019 08:44:29 AM
IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
AMERICAN EXPRESS NATIONAL BANK CASENO,: —312019CC000504XXXXXX
as successor by merger to American
Express Bank, FSB,
Plaintiff,
vs.
PHILLIP WESTOVER,
Defendant(s)
/
COMPLAINT
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, sues the Defendant(s), PHILLIP WESTOVER, and allege:
JURISDICTION AND PARTIES
1. This is an action for damages for an amount greater than $5,000.00 and not exceeding
$15,000.00, to-wit: $13,030.04 exclusive of court costs.
2. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to
American Express Bank, FSB (hereinafter referred to as "Plaintiff"), is chartered by the
Office of the Comptroller of the Currency as a National Bank and as such is duly
licensed and authorized to engage in business in the State of Florida.
3. Defendant, PHILLIP WESTOVER, (hereinafter referred to as "Defendant") is a
resident of Indian River County, Florida, is an individual over the age of eighteen (18),
years of age, upon information and belief is not in the military and is otherwise sui juris.
4. This court has jurisdiction over the parties pursuant to Florida Statutes, and venue is
appropriate.COUNT |
MONEY LENT
Pursuant to F.R.C.P. Form 1.936 approved
by the Florida Supreme Court.
5. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to
American Express Bank, FSB, readopts and realleges the Jurisdictional and Parties
allegations of this Complaint.
6. The Defendant(s), PHILLIP WESTOVER, owes Plaintiff, AMERICAN EXPRESS
NATIONAL BANK as successor by merger to American Express Bank, FSB,
$13,030.04 that is due with interest since February 13, 2019 for money lent by Plaintiff,
AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, to Defendant(s), PHILLIP WESTOVER, on February 13, 2019.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger
to American Express Bank, FSB, demands judgment for damages against Defendant(s),
PHILLIP WESTOVER, in the amount of $13,030.04 together with court costs and such other
relief that this Court deems reasonable.
COUNT II
ACCOUNTS STATED
Pursuant to F.R.C.P. Form 1.933, approved
by the Florida Supreme Court
7. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to
American Express Bank, FSB, readopts and realleges the Jurisdictional and Parties
allegations of this Complaint.
8. Before the institution of this action, the Plaintiff, AMERICAN EXPRESS NATIONAL
BANK as successor by merger to American Express Bank, FSB, and the Defendant(s),
PHILLIP WESTOVER, had business transactions between them and on February 13,
2019 and they agreed to the resulting balance.
9. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to10.
American Express Bank, FSB, rendered a statement to the Defendant(s), PHILLIP
WESTOVER, a copy being attached hereto and incorporated herein as Exhibit "A" and
the Defendant(s), PHILLIP WESTOVER, did not object to the statement.
Defendant(s), PHILLIP WESTOVER, owes Plaintiff, AMERICAN EXPRESS
NATIONAL BANK as successor by merger to American Express Bank, FSB,
$13,030.04 that is due since February 13, 2019 on this account.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger
to American Express Bank, FSB, demands judgment for damages against Defendant(s),
PHILLIP WESTOVER, in the amount of $13,030.04 together with court costs and such other
relief that this Court deems reasonable.
11.
12.
13.
14.
15.
COUNT Ill
UNJUST ENRICHMENT
Pled in the Alternative
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, readopts and realleges the Jurisdictional and Parties allegations of
this Complaint.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, has suffered damages because of acts by Defendant(s), PHILLIP
WESTOVER, and is entitled to be compensated for same benefit.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, with the Defendant(s), PHILLIP WESTOVER'S, knowledge conferred
a benefit upon the Defendant(s), PHILLIPWESTOVER.
The Defendant(s), PHILLIP WESTOVER, voluntarily accepted and retained same benefit.
If the Defendant(s), PHILLIP WESTOVER, does not compensate Plaintiff, AMERICAN
EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB,
then said Defendant(s), PHILLIP WESTOVER, will be unjustly enriched at the expense of16.
17.
18.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB,.
Because of the facts and circumstances occurring between the parties, it would be
inequitable for Defendant(s), PHILLIP WESTOVER, to retain the benefit without paying
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, the value thereof.
The Defendant(s), PHILLIP WESTOVER, has been unjustly enriched at the expense and
detriment of the Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by
merger to American Express Bank, FSB, in the sum of $13,030.04 no part of which has
been paid, although duly demanded.
Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American
Express Bank, FSB, has no adequate remedy at law.
WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to
American Express Bank, FSB, demands judgment for damages against Defendant(s), PHILLIP
WESTOVER, in the amount of $13,030.04, together with court costs and such other relief that this
Court deems reasonable.
MODLIN SLINSKY, P.A.
Attorneys for Plaintiff
1551 Sawgrass Corporate Parkway, Suite 110
Sunrise, FL 33323
Telephone: 888-323-4577
Facsimile 754-551-5791
Designated E-Mail: pleadings@Issmiaw.com
Date: March 12, 2019
By: /s/ Scott E. Modlin, Esq.
Scott E. Modlin, Esq.
Florida Bar No. 947296
Modlin Slinsky File No.: 18132459EXHIBIT Aee Blue Delta SkyMiles® Credit Card ADELTA p. 1/6
EEE SS PHILLIP WESTOVER
Closing Date 02/13/19 Account Ending I
- New Balance $13,030.04 To view your Delta SkyMiles*
~
|
| balance, visit delta.com
| Minimum Payment Due $1,616.00
| Includes the past due amount of $1,475.00
| :
| | Payment Due Date a 03/10/19 Account Summary _ —
|
| #Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $13,030.04
| the Payment Due Date of 03/10/19, you may have to pay a late fee of up to Payments/Credits -$0.00
| $38.00 and your APRs may be increased to the Penalty APR of 29.49%. » New Charges +$0.00
| | Fees +$0.00
| Interest Charged +$0.00
|
|
Minimum Payment Warning: If you make only the minimum payment each period, New Balance $13,030.04
you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,616,00
example:
Credit Limit $12,700.00
! Ifyou make no additional You will pay off the balance And you will pay an }
i eayiges and each month you shown on this statement in estimated total of... Cash Advance Limit $0.00
i Only the in Billi iod:
| Minimum Payment Due 22 years $25,286 Pays in Billing Period: 28
Ci
If you would like information about credit counseling services, call 1-888-733-4139.
ay by Computer
americanexpress.com/pbc
Customer Care Pay by Phone
1-800-430-1000 1-800-472-9297
* See page 2 for important information about your account.
A SeePage5 for an Important Notice About a Change to Your
Cardmember Agreement.
ee page 2 for additional information.
fA Seepage6 for Important Information about Your Account.
@ This statement is for information purposes only. This is not a bill.
r collections agency for account information.
imum Payment Due, your account is in default and
the balance is due in full.
Continued on page 3
& Please fold on the perforation below, detach and return with your payment
Payment Coupon | Pay by Computer Pg °2y by Phone Account Ending
Do not staple or use paper clips = americanexpress.com/pbc 1-800-472-9297 ais digit account # on all payments.
Make check payable to American Express.
heedahle eet eth
PHILLIP WESTOVER Payment Due Date
1006 PERSIAN LN 03/10/19
SEBASTIAN FL 32958-5410
New Balance
$13,030.04
Minimum Payment Due
$1,616.00
AUD tfheetofee geet
Check here if your address or AMERICAN EXPRESS —___. ___
phone number has changed. P.O. BOX 650448 Amount Enclosed
Note changes on reverse side. DALLAS TX 75265-0448PHILLIP WESTOVER Account Ending p.26
Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address
to be credited as of the day it is received, Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must
also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a
negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment
does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges.
Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we
accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required
by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no
effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid,
Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment
from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account
number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available.
When we process your check electronically, your payment may be withdrawn ftom 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 deposit or 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 deposit or 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
fay.
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 Care number listed below for more information about this balance computation method and
how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest.
Paying Interest: 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
each month your entire balance (or Adjusted Balance if applicable) by the due date each month. We will charge you interest on cash advances and
(unless otherwise disclosed) balance transfers beginning on the transaction date.
Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it,
We will charge a fee of 2.70% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a
particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the
highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates
in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use.
Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following
the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send
you a check for the credit balance within 30 days if the amount is $1.00 or more,
Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your
Account may be reflected in your credit report.
Customer Care & Billing Inquiries 1-800-430-1000 Hearing Impaired | = . .
International Collect 1-336-393-1111 TTY: 1-800-221-9950 Website: americanexpress.com
Large Print & Braille Statements 1-800-430-1000 FAX: 1-623-707-4442,
Cash Advance at ATMs Inquiries 1-800-CASH-NOW In NY: 1-800-522-1897 Customer Care
| | &Billing Inquiries. Payments
' ‘SkyMiles Account Balance and 1-800-325-3999 | P.O.BOX 981535 P.O. BOX 650448
| Award Redemption delta.com/skymiles | ELPASO, TX DALLAS TX 75265-
| | 79998-1535 0448
|
Change of Address a Ho
comes on Front do not se, | 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.
* Please print clearly in blue or black ink only in the boxes provided.
Avoid late fees
. Save time
“Deduct your payment from your bank
Street Address ELEELLELLELLTLPELLELicLty£ i | | account automatically each month
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WonkPhone LLITTTTIT ITI 4 Forinformation on how we protect your
privacy and to set your communication
Email [ and privacy choices, please visit
‘www americanexpress.com/privacy.wc .
a Blue Delta SkyMiles® Credit Card ADELTA p.3/6
exerts © PHILLIP WESTOVER
Closing Date 02/13/19 Account Ending
Did you know? You can use Plan It to split up large purchases and pay
them off over time for a fixed monthly fee and no interest. Plus, still earn
rewards on Plan It purchase amounts. Terms apply. Visit
americanexpress.com/payitplanit.
| Fees oe a _
Amount
Total Fees for this Period $0.00
[ Interest Charged
Amount
Total Interest Charged for this Period $0.00
About Trailing Interest
You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing
interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge
interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your
balance in full and on time each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details.
2019 Fees and Interest Totals Year-to-Date
. . a vo . Amount
Total Fees in 2019 $0.00
Total Interest in 2019 $0.00
[ Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Transactions Dated Annual Balance Interest
Percentage Subject to Charge
From To Rate Interest Rate
Purchases 12/04/2018 13.75% (v) $0.00 $0.00
Cash Advances 12/04/2018 27.49% (v) $0.00 $0.00
Total $0.00
(v) Variable Rate
Miles Earned ADELTA
SkyMiles* Account Number: XXXXX [i
You may have forfeited miles that are eligible for reinstatement. To avoid forfeiting miles, please make the minimum payment on time.
* Fly Now, Earn Later
Ifyou received miles through Fly Now, Earn Later in the current period, these miles have been transferred to your Delta SkyMiles account and
are included in the Total Bonus Miles Earned on this statement. As you earn, receive or are awarded miles on your Card, those miles are
Continued on reversep. 4/6
Account Ending
PHILLIP WESTOVER
automatically applied to your Fly Now, Ear Later Balance and are not transferred to your Delta SkyMiles account until the miles earned are
equal to or exceed the number of miles advanced. For the most up to date information on your Fly Now, Earn Later Balance, please see the
tracker on your Card account homepage.Blue Delta SkyMiles® Credit Card ADELTA p. 5/6
BIMERICAN
caweueg PHILLIP WESTOVER
Closing Date 02/13/19 Account Ending a
Notice of Important Changes to Your Card Account Terms
We are making changes to your American Express Cardmember Agreement referenced in this notice. We
encourage you to read this notice, share it with Additional Card Members on your account, and file it for future
reference. The detailed change(s) to your Cardmember Agreement can be found after the below summary chart.
_ Summary of Changes, effective May 1, 2019
Words we use in the We are updating this sub-section under /ntroduction in Part 2 of the
Agreement Cardmember Agreement to change the definition of the term "cash
advance".
woTe7.
Detail of Changes to Your Cardmember Agreement
This notice amends your American Express Cardmember Agreement ("Cardmember Agreement") as described
below. Any terms in the 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.
Effective May 1, 2019, your Cardmember Agreement will be amended as follows:
How Your American Express Account Works in Part 2 of the Cardmember Agreement is amended by deleting the
definition of cash advance in the Words we use in the Agreement sub-section and replacing it with the following:
A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques,
foreign currency, money orders, casino gaming chips, race track wagers or similar offline and online
betting transactions.
CMLENDDMRUS0297PHILLIP WESTOVER Account Ending p.6/6
Blue Delta SkyMiles® Credit Card ADELTA
Notice of Important Changes to Your Cardmember Agreement
We are making changes to your American Express Cardmember Agreement referenced in this notice. We
encourage you to read this notice, share it with Additional Card Members on your account, and file it for future
reference. The detailed change(s) to your Cardmember Agreement can be found after the below summary chart.
ae Summary of Changes, | ‘Effective imm
ExpressPay Effective Immediately, we are modifying the language concerning
ExpressPay in your Cardmember Agreement to reflect the current terminology
and explain how the capability works.
1O12747
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 or log
into your account at americanexpress.com.
ExpressPay
‘ffective Immediately, the ExpressPay sub-section included in Part 2 of the Cardmember Agreement is deleted
in its entirety and replaced with:
Contactless Transactions | Cards issued on your Account may be equipped to enable you to make tap
and pay charges using contactless technology. You can request Cards that are
not equipped with this capability. Also, we may deactivate this capability at any
time.
CMLENDDMRUS0299
Preview
Filing # 86218166 E-Filed 03/12/2019 08:44:29 AM IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA AMERICAN EXPRESS NATIONAL BANK CASENO,: —312019CC000504XXXXXX as successor by merger to American Express Bank, FSB, Plaintiff, vs. PHILLIP WESTOVER, Defendant(s) / COMPLAINT Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, sues the Defendant(s), PHILLIP WESTOVER, and allege: JURISDICTION AND PARTIES 1. This is an action for damages for an amount greater than $5,000.00 and not exceeding $15,000.00, to-wit: $13,030.04 exclusive of court costs. 2. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB (hereinafter referred to as "Plaintiff"), is chartered by the Office of the Comptroller of the Currency as a National Bank and as such is duly licensed and authorized to engage in business in the State of Florida. 3. Defendant, PHILLIP WESTOVER, (hereinafter referred to as "Defendant") is a resident of Indian River County, Florida, is an individual over the age of eighteen (18), years of age, upon information and belief is not in the military and is otherwise sui juris. 4. This court has jurisdiction over the parties pursuant to Florida Statutes, and venue is appropriate.COUNT | MONEY LENT Pursuant to F.R.C.P. Form 1.936 approved by the Florida Supreme Court. 5. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, readopts and realleges the Jurisdictional and Parties allegations of this Complaint. 6. The Defendant(s), PHILLIP WESTOVER, owes Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, $13,030.04 that is due with interest since February 13, 2019 for money lent by Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, to Defendant(s), PHILLIP WESTOVER, on February 13, 2019. WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, demands judgment for damages against Defendant(s), PHILLIP WESTOVER, in the amount of $13,030.04 together with court costs and such other relief that this Court deems reasonable. COUNT II ACCOUNTS STATED Pursuant to F.R.C.P. Form 1.933, approved by the Florida Supreme Court 7. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, readopts and realleges the Jurisdictional and Parties allegations of this Complaint. 8. Before the institution of this action, the Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, and the Defendant(s), PHILLIP WESTOVER, had business transactions between them and on February 13, 2019 and they agreed to the resulting balance. 9. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to10. American Express Bank, FSB, rendered a statement to the Defendant(s), PHILLIP WESTOVER, a copy being attached hereto and incorporated herein as Exhibit "A" and the Defendant(s), PHILLIP WESTOVER, did not object to the statement. Defendant(s), PHILLIP WESTOVER, owes Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, $13,030.04 that is due since February 13, 2019 on this account. WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, demands judgment for damages against Defendant(s), PHILLIP WESTOVER, in the amount of $13,030.04 together with court costs and such other relief that this Court deems reasonable. 11. 12. 13. 14. 15. COUNT Ill UNJUST ENRICHMENT Pled in the Alternative Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, readopts and realleges the Jurisdictional and Parties allegations of this Complaint. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, has suffered damages because of acts by Defendant(s), PHILLIP WESTOVER, and is entitled to be compensated for same benefit. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, with the Defendant(s), PHILLIP WESTOVER'S, knowledge conferred a benefit upon the Defendant(s), PHILLIPWESTOVER. The Defendant(s), PHILLIP WESTOVER, voluntarily accepted and retained same benefit. If the Defendant(s), PHILLIP WESTOVER, does not compensate Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, then said Defendant(s), PHILLIP WESTOVER, will be unjustly enriched at the expense of16. 17. 18. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB,. Because of the facts and circumstances occurring between the parties, it would be inequitable for Defendant(s), PHILLIP WESTOVER, to retain the benefit without paying Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, the value thereof. The Defendant(s), PHILLIP WESTOVER, has been unjustly enriched at the expense and detriment of the Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, in the sum of $13,030.04 no part of which has been paid, although duly demanded. Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, has no adequate remedy at law. WHEREFORE, Plaintiff, AMERICAN EXPRESS NATIONAL BANK as successor by merger to American Express Bank, FSB, demands judgment for damages against Defendant(s), PHILLIP WESTOVER, in the amount of $13,030.04, together with court costs and such other relief that this Court deems reasonable. MODLIN SLINSKY, P.A. Attorneys for Plaintiff 1551 Sawgrass Corporate Parkway, Suite 110 Sunrise, FL 33323 Telephone: 888-323-4577 Facsimile 754-551-5791 Designated E-Mail: pleadings@Issmiaw.com Date: March 12, 2019 By: /s/ Scott E. Modlin, Esq. Scott E. Modlin, Esq. Florida Bar No. 947296 Modlin Slinsky File No.: 18132459EXHIBIT Aee Blue Delta SkyMiles® Credit Card ADELTA p. 1/6 EEE SS PHILLIP WESTOVER Closing Date 02/13/19 Account Ending I - New Balance $13,030.04 To view your Delta SkyMiles* ~ | | balance, visit delta.com | Minimum Payment Due $1,616.00 | Includes the past due amount of $1,475.00 | : | | Payment Due Date a 03/10/19 Account Summary _ — | | #Late Payment Warning: If we do not receive your Minimum Payment Due by Previous Balance $13,030.04 | the Payment Due Date of 03/10/19, you may have to pay a late fee of up to Payments/Credits -$0.00 | $38.00 and your APRs may be increased to the Penalty APR of 29.49%. » New Charges +$0.00 | | Fees +$0.00 | Interest Charged +$0.00 | | Minimum Payment Warning: If you make only the minimum payment each period, New Balance $13,030.04 you will pay more in interest and it will take you longer to pay off your balance. For Minimum Payment Due $1,616,00 example: Credit Limit $12,700.00 ! Ifyou make no additional You will pay off the balance And you will pay an } i eayiges and each month you shown on this statement in estimated total of... Cash Advance Limit $0.00 i Only the in Billi iod: | Minimum Payment Due 22 years $25,286 Pays in Billing Period: 28 Ci If you would like information about credit counseling services, call 1-888-733-4139. ay by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-800-430-1000 1-800-472-9297 * See page 2 for important information about your account. A SeePage5 for an Important Notice About a Change to Your Cardmember Agreement. ee page 2 for additional information. fA Seepage6 for Important Information about Your Account. @ This statement is for information purposes only. This is not a bill. r collections agency for account information. imum Payment Due, your account is in default and the balance is due in full. Continued on page 3 & Please fold on the perforation below, detach and return with your payment Payment Coupon | Pay by Computer Pg °2y by Phone Account Ending Do not staple or use paper clips = americanexpress.com/pbc 1-800-472-9297 ais digit account # on all payments. Make check payable to American Express. heedahle eet eth PHILLIP WESTOVER Payment Due Date 1006 PERSIAN LN 03/10/19 SEBASTIAN FL 32958-5410 New Balance $13,030.04 Minimum Payment Due $1,616.00 AUD tfheetofee geet Check here if your address or AMERICAN EXPRESS —___. ___ phone number has changed. P.O. BOX 650448 Amount Enclosed Note changes on reverse side. DALLAS TX 75265-0448PHILLIP WESTOVER Account Ending p.26 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received, Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required by law. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid, Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn ftom 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 deposit or 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 deposit or 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 fay. 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 Care number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying Interest: 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 each month your entire balance (or Adjusted Balance if applicable) by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it, We will charge a fee of 2.70% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more, Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Customer Care & Billing Inquiries 1-800-430-1000 Hearing Impaired | = . . International Collect 1-336-393-1111 TTY: 1-800-221-9950 Website: americanexpress.com Large Print & Braille Statements 1-800-430-1000 FAX: 1-623-707-4442, Cash Advance at ATMs Inquiries 1-800-CASH-NOW In NY: 1-800-522-1897 Customer Care | | &Billing Inquiries. Payments ' ‘SkyMiles Account Balance and 1-800-325-3999 | P.O.BOX 981535 P.O. BOX 650448 | Award Redemption delta.com/skymiles | ELPASO, TX DALLAS TX 75265- | | 79998-1535 0448 | Change of Address a Ho comes on Front do not se, | 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. * Please print clearly in blue or black ink only in the boxes provided. Avoid late fees . Save time “Deduct your payment from your bank Street Address ELEELLELLELLTLPELLELicLty£ i | | account automatically each month PEEP PPP ees) je Gy State LETT TT TT ey Ty TT TT TY ota Zp Code LT TTT Tt {4 | | Acacia LITT TTT TT] Tt t WonkPhone LLITTTTIT ITI 4 Forinformation on how we protect your privacy and to set your communication Email [ and privacy choices, please visit ‘www americanexpress.com/privacy.wc . a Blue Delta SkyMiles® Credit Card ADELTA p.3/6 exerts © PHILLIP WESTOVER Closing Date 02/13/19 Account Ending Did you know? You can use Plan It to split up large purchases and pay them off over time for a fixed monthly fee and no interest. Plus, still earn rewards on Plan It purchase amounts. Terms apply. Visit americanexpress.com/payitplanit. | Fees oe a _ Amount Total Fees for this Period $0.00 [ Interest Charged Amount Total Interest Charged for this Period $0.00 About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing interest." Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full and on time each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details. 2019 Fees and Interest Totals Year-to-Date . . a vo . Amount Total Fees in 2019 $0.00 Total Interest in 2019 $0.00 [ Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate Interest Rate Purchases 12/04/2018 13.75% (v) $0.00 $0.00 Cash Advances 12/04/2018 27.49% (v) $0.00 $0.00 Total $0.00 (v) Variable Rate Miles Earned ADELTA SkyMiles* Account Number: XXXXX [i You may have forfeited miles that are eligible for reinstatement. To avoid forfeiting miles, please make the minimum payment on time. * Fly Now, Earn Later Ifyou received miles through Fly Now, Earn Later in the current period, these miles have been transferred to your Delta SkyMiles account and are included in the Total Bonus Miles Earned on this statement. As you earn, receive or are awarded miles on your Card, those miles are Continued on reversep. 4/6 Account Ending PHILLIP WESTOVER automatically applied to your Fly Now, Ear Later Balance and are not transferred to your Delta SkyMiles account until the miles earned are equal to or exceed the number of miles advanced. For the most up to date information on your Fly Now, Earn Later Balance, please see the tracker on your Card account homepage.Blue Delta SkyMiles® Credit Card ADELTA p. 5/6 BIMERICAN caweueg PHILLIP WESTOVER Closing Date 02/13/19 Account Ending a Notice of Important Changes to Your Card Account Terms We are making changes to your American Express Cardmember Agreement referenced in this notice. We encourage you to read this notice, share it with Additional Card Members on your account, and file it for future reference. The detailed change(s) to your Cardmember Agreement can be found after the below summary chart. _ Summary of Changes, effective May 1, 2019 Words we use in the We are updating this sub-section under /ntroduction in Part 2 of the Agreement Cardmember Agreement to change the definition of the term "cash advance". woTe7. Detail of Changes to Your Cardmember Agreement This notice amends your American Express Cardmember Agreement ("Cardmember Agreement") as described below. Any terms in the 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. Effective May 1, 2019, your Cardmember Agreement will be amended as follows: How Your American Express Account Works in Part 2 of the Cardmember Agreement is amended by deleting the definition of cash advance in the Words we use in the Agreement sub-section and replacing it with the following: A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, casino gaming chips, race track wagers or similar offline and online betting transactions. CMLENDDMRUS0297PHILLIP WESTOVER Account Ending p.6/6 Blue Delta SkyMiles® Credit Card ADELTA Notice of Important Changes to Your Cardmember Agreement We are making changes to your American Express Cardmember Agreement referenced in this notice. We encourage you to read this notice, share it with Additional Card Members on your account, and file it for future reference. The detailed change(s) to your Cardmember Agreement can be found after the below summary chart. ae Summary of Changes, | ‘Effective imm ExpressPay Effective Immediately, we are modifying the language concerning ExpressPay in your Cardmember Agreement to reflect the current terminology and explain how the capability works. 1O12747 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 or log into your account at americanexpress.com. ExpressPay ‘ffective Immediately, the ExpressPay sub-section included in Part 2 of the Cardmember Agreement is deleted in its entirety and replaced with: Contactless Transactions | Cards issued on your Account may be equipped to enable you to make tap and pay charges using contactless technology. You can request Cards that are not equipped with this capability. Also, we may deactivate this capability at any time. CMLENDDMRUS0299