MOTION FOR DEFAULT FOR
`STATE OF CONNECTICUT
`FAILURE TO APPEAR, JUDGMENT
`SUPER'F’R COURT
`AND ORDER FOR WEEKLY PAYMENTS
`WWW-“9°"
`.ID—cv-4e R“ 3.99
`meTRucnoue To PLAINTIFFIPLAINTIFF'B ATTORNEY
`P.EI. 55 1743.91,”
`Gompfefe one Motion and an Affidavit orDem (JD-cv-azi and sand origin-f 0’ 0W"
`to the Clerk's Office and one copy or each In as defendants— Commie ”WC" ‘0’
`the Notice «Judgment and Order for Weekly Payments (JDCV—SO} and We in
`dupmra mm the cram-a once.
`ADDRESS OF GOD RT (Na, armor. town and up code)
`_
`Housing
`'v- Jutidat
`! Session D GA No. _ 95 Washington Street, Hartford CT 06106
`5.! District
`NAME OF CASE {Flmtfl V. Defendant)
`
`American Express Nationat Bank vs. Denise D. Dickstein elk/a Denise Dickstein
`NAME(5) OF ALL DEFENDW(5}AGNNST WHOM MOTION l5 FiLED
`
`IIIIHIIIIII“
`
`AA
`RETURN DATE
`09/25/2013
`DOCKET m,
`HHD-CV-18-61005055
`
`T0: The Superior Court
`
`Denise D. Dickstein a/k/a Denise Dickstein
`
`E
`
`
`
`
`In the above entitled action, the Plaintiff(s) respectfully represent(s) that the Defendant(s) named above has (have) failed tc
`file an appearance within two days after the return date. The Plaintiff(s) therefore requestts) that a default be entered
`against the Defendant(s) for failure to appear and that the Court enter judgment after default in favor of the Plaintiffls) in
`accordance with the Affidavit of Debt attached. ('X' one of the following)
`weekly payments be entered.
`3
`The Plaintiff(s) at Ashe) that an m [I NOMINAL [E REASONABLE
`
`
`NAME OF PERsO
`.
`ADDRESS
`Mark A. Sa u
`Mark Sank 81 Associates, LLC, 666 Glenbrook Road, Stamford, CT 06906
`I
`
`
`mm- ”"5 W”
`
`10/01/2018
`
`
`
`
`
`Th
`
`- ndersigned. being duly sworn. deposes an . says that : ('X" one of the following)
`
`D the undersigned is unable to detennin =
`of the United States.
`
`I helher or not the Defendantis) in this adion are in the mflitary or naval service
`
`E no Defendant in this action is in the military or naval service of the United States, and that, to the personal knowiedge
`of the undersigned (state facts showing defendant is not in such service):
`
`Per a search using the Defendant's social security number and name through the Defense Manpower Data Center. Please see the
`attached verification.
`
`SIGNED (Anion!)
`
`r
`
`i ‘
`
`PRINT NAME/
`-
`'FLICAElLE.T " E, OFAFFIANT
`DATE SIGNED
`slag-- - 10/01/2013
`
`,
`,-
`.
`.
`. ,.
`Subscn-E‘e d r om [I nefore me: mm ”“T0733ff§013
`
`his IS O certIfy that copies of the above Motion, Miltary Sennce Affidavit
`Affidavit Of Debt, and Plaintiffs Bill of Costs w e deliveredlrnailed via
`5
`Complaint Fee .......................
`US Mail. postage prepaid on (date):
`10/01 2013
`350.00
`$
`Entry Fee...............................
`to the following Defendants: (Enter namefs) and addresshs] of
`53,00
`$
`Sheriff's Fee ___________________________
` Proceedings Before Trial........ E Defendant(s)).
`
`‘ Denise D. Dickstein
`
`a k 3 Denise Dickstein
`428.00
`‘
`124 Cliffwood Dr
`I
`‘m South Windsor CT 06074
`y
`[I PLAINTIFF
`ATTORNEY FOR PLAINTIFHS]
`
`TOTAL............... .
`i
`
`.......
`
`5
`
`SiGNED
`x
`DATE SIGNED
`
`10/01/2013
`
`FOR COURT USE ONLY
`
`

`

`Department of Defense Manpower Data Center
`
`RasuflsasahGum-zomzmmSCRA 43
`
`
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act:
`
` SSN:
`Birth Date:
`
`Last Name:
`
`DlCKSTElN
`
`First Name:
`
`DENiSE
`
`Middle Name:
`
`Status As Of:
`
`Oct-012018
`
`Certificate iD:
`
`L4VBK6661NFBMNO
`
`
`
`'
`.
`.
`_- .. genetivejbvlyfln Wé nitratatus' Dee
`
`
`"Status Date
`
`_ __..A¢wa“_outi'eadeaséfi;
`
`.'éi'ré'bhwwmn'a'sreaiiéétWajeetr-swtu'é'éeé
`éfi
`..
`' Mvanusvsadnaw
`"
`'
`Status
`
`t
`
`,
`
`..
`
`Thls response reflects where ltie'tndii'tidual tart active dun.i status within 387 days preoedlrig the We Duty Status Data
`
`
`
`
`
`
`
`
`
`Mamet or tilée'Her'LrneWés'Notéfieeét ' Fu'him'cétwii heath. Duty'nfiieeiva outveiatueeaiia-
`'
`.Drde: thifieetten End'Date -
`_
`_
`
`NA .
`
`'
`
`This response reflects whether he lndlvidutitor'hislher unit has recelvaii early-notification to zepozt for active duty
`
`Upon searchlng the data banks of the Department of Defense Manpower Data-Centet. beSed an the information that you provided. the above is the status of
`the individual or: the active duty statue date as to anti branches of the Uniformed Services (Army. Navy, Marine Corps. Air Force. NCAA. Public Health, and
`Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty.
`
`
`
`Michael V. Sorrento. Director
`Department of Defense - Manpower Data Center
`400 Gigllng Rd.
`Seaside. CA 93955
`
`

`

`The Defense Manpovver Data Center (DMDC) is an organization of the Department of Defense (Dot?) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligiblfity systems.
`
`The DoD strongly supports the enforcement of the Servicemembers Civil ReliefAct {50 USC App. ? 501 et seq, as amended) (SCRA) (fonneriy known as
`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of l“does not possess any information indicating that the
`individuet is currently on active duty" responses, and has experienced only a email error rate.
`In the event the individual referenced above. or any family
`member, friend. or representative asserts in any manner that the individual was on active duty for the active duty status date. or is otherwise entitled to the
`protections of the SCRA. you are strongiy encouraged to obtain further verification of the person's status by contacting that person's Service, Service contact
`information can be found on the SCRA website's FAQ page (033) via this URL: httpsdlscradmdccsd.mllltaq.xhtmltiQSS.
`it you have evidence the person
`was on active duty for the active duty status date and you fait to obtain this additional Service verification. purritive provisions of the SCRA may be invoked
`against you. See 50 USC App. ? 521(3)-
`
`This response refiects the iotlowing intonnatlon: (1)1718 individuat’s Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individuat or hislher unit received eariy notification to report for active
`duty on the Active Duty Status Date.
`
`More information on “Active Duty Status"
`Active duty status as reported in this certificate is defined In accordance with 10 USC ? 101(d) (t ). Prior to 2010 oniy some of the active duty periods less
`than 30 consecutive days In tength were available.
`In the case oi a member of the National Guard. this includes service under a call to active service
`authorized by the President or the Secretary of Defense under 32 USC ? 5026) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobiiization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARsi and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status atso applies to a Uniformed Service member who is an active duty commissioned officer of the US.
`Public Heaith Service or the Nationai Oceanic and Atmospheric Administration (NOAA Commissioned Corps}.
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty under this certificate. SCRA protections are for Titie to and Title 14 active duty records for alt the Uniformed Services periods.
`This 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 10t(d)(t).
`
`Many times orders are amended to extend the period of active duty, which Would extend SCRA protections. Persons seeking to rely on this website
`certification shoutd check to make sure the orders on which SCRA protections are based have not been amended to extend the Inciusive dates of service.
`Furthermore. some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted. but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
`extend beyond the tast dates of active duty.
`
`Those who couid rely on this certificate are urged to seek qualified legal counsel to ensure that alt rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a fast name. SSNIdate of birth, and active duty status date provided by the requester. Providing
`erroneous intonnatton wilt cause an erroneous certificate to be provided.
`
`

`

`Department of Defense Manpower Data Center
`
`WWW““M‘m‘a‘miwmSCRA 4.9
`
`
`
`Status Report
`Pursuant to Servicemembere Civil Relief Act
`
`SSN:
`
`Birth Date:
`
`
`
`Last Name:
`
`DiCKSTE—ZIN
`
`First Name:
`
`DENISE
`
`Middle Name:
`
`D
`
`Status As Of:
`
`Oct-01-20t8
`
`Certificate ID:
`
`YXTMNQMZHGKM‘I MC
`
`
`
`._ onswipéb,
`
`_.
`
`'.
`
`_
`
`Oil/Wt“? Waflfilficfiya'miyslahiagoae7*"
`-
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`_ _"..'.A¢ilVgoutyEriiioaie's -j.;j--'-siaiu's
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`received edfivsnotifitfition to report for active duty thls response reflects whethe: the iridl'vloeet or'tzislher unit has
`
`-
`
`"
`
`-
`
`'1..2-ewe“werenmunwezriaii'ea'aia-mescawmmeaslyanweamy'seum '
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`AmoefNéfififiWEndDaie
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`
`Upon searching the data banks of the Department of Defense Manpower Data Center. based on the information that you provided. the above is the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy. Marine Corps. Air Force, NCAA, Public Health. and
`Coast Guard). This status inciudas intern-nation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Detense - Manpewer Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database which is the officiat source of data on etigibility for military medical care and other eligibility systems.
`
`The Dot) strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended} (SCRA) (tormeriy know: as
`the Sotdiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of ”does not possess any information indicating that the
`individual is currently on active duty" responses. and has experienced only a smatl error rate.
`In the event the tndividuai referenced above. or any family
`member. friend, or representative asserts in any manner that the individuai was on active duty for the active duty status date. or is otherwise entittad to the
`protections of the SCRA, you are strongly encouraged to obtain further verification of the person‘s status by contacting that person‘s Service. Service contact
`information can be found on the SCRA website‘s FAQ page (033} via this URL: httpstiisoradmdc.osd.rnilitaq.xhtml#033.
`If you have evidence the person
`was on active duty for the active duty status date and you tail to obtain this additional Service verification. punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. ? 521(c).
`
`(1) The individuai's Active Duty status on the Active Duty Status Date {2) Whether the individual teft Active
`This response reflects the fotlowing intorrnation:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individuat or hislher unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`More information on "Active Duty Status"
`Active duty status as reported in this certificate is defined in accordance with to USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less
`than 30 consecutive days in length were availabte.
`in the case of a member of the National Guard. this includes service under a call to active service
`authorized by the President or the Secretary of Defense under 32 USC ? 5026) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. Ail Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs). Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status aiso applies to a Uniformed Service member who is an active duty commissioned officer of the U5.
`Pubtic Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage undarthe SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who woutd not be
`reported as on Active Duty under this certificate. SCRA protections are tor Title ‘10 and Titie 14 active duty records for all the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA. as defined in accordance with 10 USC '1‘ 101(d)(t).
`
`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inctusive dates of service.
`Furthermore. some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted. but who have not
`actualiy begun active duty or actuatly reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
`extend beyond the last dates of active duty.
`
`Those who could reiy on this certificate are urged to seek quatltied legal counsel to ensure that ail rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSNidate of birth, and active duty status data provided by the requester. Providing
`erroneous information will cause an erroneous certificate to be provided.
`
`

`

`UNITED STATES
`SECURITIES AND EXCHANGE COMMISSION
`
`WASHINGTON, DC. 20549
`
`
`
`FORM SwK
`
`CURRENT REPORT
`
`Pursuant to Section 13 or 15(d) of the
`Securities Exchange Act of 1934
`
`Date'of Report (Date o'i‘earliestievent i‘e‘port'ed): -A'pril'1_,'2018-
`
`Commission File Number of Issuing Entity: 333-185503-01
`
`Centrai Index Key Number of issuing Entity: 0001562914
`
`AMERICAN EXPRESS ISSUANCE TRUST II
`(Exact Name of Issuing Entity as Specified in its Charter)
`
`
`
`Commission File Number
`
`of DepositorfRegistrant:
`333-} 85503
`
`Central index Key Number
`of DepositorlRegistrant:
`0001562918
`
`AMERICAN EXPRESS RECEIVABLES
`
`FINANCING CORPORATION VIII LLC
`
`(Exact Name of DepositorfRegistrent as Specified in its Charter)
`
`Delaware
`
`(State or Other Jurisdiction of
`Incorporation or Organization)
`
`46-0795019
`
`(i.R.S. Employer Identification Number)
`
`200 Vesey Street
`30th Floor, Room 505A
`New York, New York 10285
`(212) 640-2000
`(Address, Including Zip Code, and Telephone Number, Inciuding Area Code,
`of the Registrant’s Principai Executive Offices)
`NIA
`
`(Former Name or Former Address, if Changed Since Last Report)
`
`
`
`Central Index Key Number
`of Sponsor:
`0001135317
`
`

`

`AMERICAN EXPRESS TRAVEL RELATED
`
`SERVICES COMPANY, INC.
`(Exact Name of Sponsor as Specified in its Charter)
`
`Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obiigation of
`the registrant under any of the following provisions.
`
`[3 Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
`
`13 Soliciting materiai pursuant to Rate 14a-12(b) under the Exchange Act (17 CFR 240.14a—12)
`
`[:3 Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d~
`203))
`
`E3 Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-
`4(a))
`
`Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the
`Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b—2
`of this chapter).
`
`:3] Emerging growth company
`
`If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended
`transition period for complying with any new or revised financial accounting standards provided pursuant to
`Section 13(a) of the Exchange Act.
`13
`
`
`Item 8.01. Other Events.
`
`E'0._a.'Aprlii:-1-'-,'-.201_8,(i) the 'converSion' 'of'Amer'iCAngExpreSS-zfientiirifia*Eath-(ifC.efitiitiOn’i)
`Intofa“.'r.iiitidnal._-banking atsociatiohr'ArlrieticatiEXpréss':Nat:ona11:13.afik-.,(‘;‘.AENB:’2),.and
`-(ii)"zthe" merger ofAmerican Express-Bank; 1iSB.‘(‘.‘.F.SB’-’)' with antizi'nto. .AENE
`(electives,- the “Canverision'=-'and Z.Mérserl’3),-'Were commend."
`
`On April I, 2018, in connection with the Conversion and Merger, (i) the Amended and
`Restated Receivables Purchase Agreement, dated as of July 29, 2016, between Centurion
`and American Express Travel Related Services Company, Inc. (“TRS”) and (ii) the
`Amended and Restated Receivables Purchase Agreement, dated as of July 29, 2016,
`between FSB and TRS, each relating to the American Express Issuance Trust 11 (the
`“Trust”), were amended and restated by the Amended and Restated Receivables Purchase
`Agreement, dated as of April 1, 2018, between AENB and TRS. The Amended and
`Restated Receivables Purchase Agreement is attached hereto as Exhibit 4.1.
`
`On Aprii 1, 2018, in connection with the Conversion and Merger, the Amended and
`Restated Receivables Purchase Agreement, dated as of July 29, 2016, relating to the Trust
`was amended and restated by the Second Amended and Restated Receivables Purchase
`
`

`

`Agreement, dated as of April I, 2018, between TRS and American Express Receivables
`Financing Corporation VIIE LLC (“RFC VIII”). The Amended and Restated Receivables
`Purchase Agreement is attached hereto as Exhibit 4.2.
`
`On April 1, 2018, in connection with the Conversion and Merger, the Second Amended
`and Restated Transfer Agreement, dated as of July 29, 2016, relating to the Trust was
`amended and restated by the Third Amended and Restated Transfer Agreement, dated as
`of Aprii i, 20} 8, among RFC VIII, the Trust and The Bank of New York Mellon
`(“BONYM”). The Third Amended and Restated Transfer Agreement is attached hereto as
`Exhibit 4.3.
`
`On April 1, 2018, in connection with the Conversion and Merger, the Second Amended
`and Restated Servicing Agreement, dated as of July 29, 2016, relating to the Trust was
`amended and restated by the Third Amended and Restated Servicing Agreement, dated as
`of April 1, 2018, among RFC VIII, TRS, the Trust and BONYM. The Third Amended and
`Restated Servicing Agreement is attached hereto as Exhibit 4.4.
`
`On April 1, 2018, in connection with the Conversion and Merger, the Second Amended
`and Restated indenture, dated as of July 29, 2016, relating to the Trust was amended and
`restated by the Third Amended and Restated Indenture, dated as of April 1, 2018, between
`the Trust and BONYM. The Third Amended and Restated Indenture is attached hereto as
`Exhibit 4.5.
`
`On April 3, 2018, in connection with the Conversion and Merger, the Amended and
`Restated Supplemental Servicing Agreement, dated as of March 12, 2013, relating to the
`Trust was amended and restated by the Second Amended and Restated Supplemental
`Servicing Agreement, dated as of April 1, 20} 8, among TRS, AENB and RFC VIII. The
`
`Second Amended arid Restated Supplementai Serv1c1ng Agreement[5 attached heretoas
`Exhibit 4. 6.
`
`On April 1, 201.8, in connection with the Conversion and Merger, the Defaulted
`Receivables Supplemental Servicing Agreement, dated as of March 1.2, 2013, relating to
`the Trust was amended and restated by the Amended and Restated Defaulted Receivables
`Supplemental Servicing Agreement, dated as of April 1, 2018, among TRS, AENB and
`RFC VIII. The Amended and Restated Defaulted Receivables Supplemental Servicing
`Agreement is attached hereto as Exhibit 4.7.
`
`On April 1, 2018, in connection with the Conversion and Merger, the Seller Agreement,
`dated as of October 2, 2012, relating to the Trust was amended and restated by the
`Amended and Restated Seller Agreement, dated as of April 1, 2018, among AENB, TRS
`and RFC VIII. The Amended and Restated Seller Agreement is attached hereto as Exhibit
`4.8.
`
`On April 1, 2018, in connection with the Conversion and Merger, the Asset
`Representations Review Agreement, dated as of July 29, 20 i 6, relating to the Trust was
`amended and restated by the Amended and Restated Asset Representations Review
`
`

`

`Agreement, dated as of April 1, 2018, among RFC VIII, TRS and Clayton Fixed Income
`Services LLC (“Clayton”). The Amended and Restated Asset Representations Review
`Agreement is attached hereto as Exhibit 10.1.
`
`Item 9.01. Exhibits.
`
`The following are filed as Exhibits to this Report under Exhibit 4 and Exhibit 10.
`
`Exhibit 4.1
`
`Amended and Restated Receivables Purchase Agreement, dated as of
`April 1, 2018, between AENB and TRS.
`
`Exhibit 4.2
`
`Second Amended and Restated Receivables Purchase Agreement, dated
`as of April 1, 2018, between TRS and RFC VIII.
`
`Exhibit 4.3
`
`Third Amended and Restated Transfer Agreement, dated as of April 1,
`2018, among RFC Vlli, the Trust and BONYM.
`
`Exhibit 4.4
`
`Third Amended and Restated Servicing Aggeement, dated as of April I,
`2018, among RFC VlIi, TRS, the Trust and BONYM.
`
`Exhibit 4.5
`
`Third Amended and Restated Indenture, dated as of April 1, 2018,
`between the Trust and BONYM.
`
`Exhibit 4.6
`
`Second Amended and Restated Supplemental Servicing Agreement,
`dated as of Aprii 1, 2018, among TRS. AENB and RFC VIII.
`
`Exhibit 4.?
`
`Amended and Restated Defaulted Receivables Supplemental Servicing
`Agreement, dated as of April 1, 2018, among TRS, AENB and RFC VIlI.
`
`
`Exhibit 4.8
`
`Amended and Restated Seller Agreement, dated as of Aprii 1, 2018,
`among AENB, TRS and RFC VIII.
`
`Exhibit 10.1 Amended and Restated Asset Representations Review Agreement, dated
`as of April 1, 2018, among RFC VIII, TRS and Clayton.
`
`
`Pursuant to the requirements of the Securities Exchange Act of 1934, as amended,
`the registrant has duly caused this report to be signed on its behaif by the undersigned hereunto
`duly authorized.
`
`American Express Receivables
`Financing Corporation VIII LLC,
`as Depositor of the Trust
`
`

`

`ls/ David J. Hoberman
`By:
`Name: David J. Heberman
`Title: President
`
`DatééaéADI‘iI'.4.;--;201-8_
`
`

`

`
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`

`AFFIDAVIT OF DEBT
`RE: MOTION FOR DEFAULT
`FOR FAILURE TO APPEAR.
`JUDGMENT AND ORDER FOR
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`
`9.3. 511.25
`
`'
`
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`
`
`TO: The Superior Court
`
`
`
`
`
`crease mm. Wan!)
`
`American Exgress National Bank vs. Denise D. Dickstein alga Denise Didtstein
`M3) OF (ALL) DEFENDAHHS) AGANBTWHCH MM is FILED
`
`
`
`Assistant Custodian of Records
`The undersigned deposed and says that (s)he Is the D Piaintiff or E (title)
`Piainiiff and Is familiar with the facts stated below. The Defendands) islara indebted to the filaintlfia) as inflows:
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`of the
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`Continuation oi this affidavit of debt is smashed and made a part hemof.
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`J, Robert J. Rebhan, declare and state as follows:
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`1.
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`i am on Assistant Custodian of Records for American Express National Bank Hide American Express
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`Centurion Bank, ("Plaintifi"), n nationai bank organized under the laws of the United States, ("American Express"
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`hereinafter), with its headquarters located at 43 15 S. 2700 West. Salt Lake City, Utah 84184.
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`2.
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`In my capacity as Assistant Custodian of Records for American Express, larn familiar with the
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`ongoing credit card business operations and practices of American Express, particularly with respect to its
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`recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by American
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`Express. 1 have access to the business records relating to credit card accounts issued by American Express, including,
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`in particular, the records of cerdrnember accounts and the applicable card agreements. i have personal knowledge of
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`American Express. regular practices and procedures with respect to: (a) the nansmittal of credit card account
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`agreements, notices, biiling statements, and other documents; and (b) quality assurance controls utilized to ensure that
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`such onnsmittais are properly made. I also have access to and am generally familiar with the cardrnembcr account
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`records created and maintained by American Express. Except where based on my review of records and documents
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`regularly maintained in the ordinary course of business, all of the matters set forth herein are within my personal
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`knowledge and, if called as a witness, I could competently testify thereto.
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`3.
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`The billing statements and other documents referred to herein wore created at or near either the time
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`of the transactions or the time the original statements were made and have been kept by American Express in the
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`ordinary course of business. In my experience, the systems used by American Express to create and maintain date for
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`and to produce hitting statements and other documents are reliable and kept in a good state of repair, and American
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`Express' procedures for inserting transaction and other data into the systems have buiIt-in safeguards to ensure accuracy
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`and identify errors. Duplicate statements can be obtained only by authorized American Express personnel or
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`authorized agents pursuant to proper procedures, which must be followed in order to obtain the statements. The other
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`records referred to herein were created and kept in the ordinary course of business by American Express and were
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`created at or near the time of the commence of the matters set forth by those records and/or were created based upon
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`information transmitted by a person with knowledge of the matters set forth in those records. It is the regular business
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`practice of American Express to make and keep said records. The statements contained in this affidavit are made based
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`on my personal knowledge of the business records practices of American Express.
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`4.
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`All American Express credit card accounts are governed by a written agreement (the "Cardmember
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`Agreement") setting forth the terms and conditions of the account. When an American Express account is opened, the
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`Cardmember Agreement is provided to the cardmemher. The Cardmember Agreement provides that use of the card
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`constitutes acceptance of the agreement.
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`5.
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`All American Express Cardmernber Agreements expressly provide that American Express may
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`change the terms of the Cardmember Agreement from time to time. American Express advises current cardholders of
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`changes through changeuinatenns notices, which are either mailed to American Express cardmembers in separate
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`mailings or included with or printed on the cardmembers' monthly billing statements.
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`6.
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`American Express maintains computerized records of the amounts due and owing to American
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`Express for any transactions that occur when an individual uses an American Express credit card. The computerized
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`records reflect all debits and credits in connection with the use of an American Express credit card. American Express
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`sends or otherwise makes available monthly billing statements to cardmembers who carry a balance or are otherwise
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`required to receive a monthly statement.
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`7.
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`I have personally reviewed American Express' records concerning defendant DENISE D
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`DICKSTEIN aka DENISE DICKSTEIN ("Defendant"). Those records reflect that Defendant opened an American
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`Express credit card account, the current account number ending in 31004 (the "Account”) in February 2616.
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`Consistent with American Express‘ standard business practices, American Express’ records reflect that it mailed
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`Defendant‘s credit card, together with a copy of Defendant's Cardrnember Agreement, to Defendant when American
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`Express opened Defendant's Account. Copies of each of these Cardmember Agreements were transmitted to Defendant
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`as they were periodically revised or updated A true and correct copy of the Cardmember Agreement in effect at the
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`time of cancellation ofthe Account is annexed hereto as Exhibit A.
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`8.
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`American Express‘ records timber reflect that Defendant used the Account to pay for various goods
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`and services andlor obtain cash advances. Consistent with American Express' standard business practices, American
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`Express records reflect that it transmitted monthly billing statements to Defendant. There is no record of Defendant
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`ever asserting a valid unresolved objection to the balance shown as due and owing on the monthly statements provided
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`to Defendant
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`9.
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`Pursuant to American Express‘ records, under the terms ofthe Cardmernber Agreement, Defendant
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`defaulted in making the payments due on the Account. American Express' records reflect that American Express closed
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`organisation:
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`Defendant‘s Account. Afler giving Defendant credit for all payments made, ifany, the amountjustly due and owing as
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`of 9263018 is $26,694.01, exclusive of court costs and ettorneys' fees. Title and correct copies ofthe monthly
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`Account Statements for the defendant's Account for the period 5!”!2018 islare annexed hereto as Exhibit B.
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`10‘
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`Defendant's Account hes not been sold or assigned by Amen'can Express, the original creditor of the
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`account.
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`11.
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`The information set forth herein is one and correct to the best ofthe undersigned's knowledge,
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`information and belief and, if called as e witness, I could competently testify thereto.
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`E2.
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`Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the
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`military service of the United States as defined in the Servicemembers Civil Relief Act as amended nor an infant,
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`incompetent. under mental defect or infirm.
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`Exhibit “A”
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`Cadmemher Agreement Part 1 of 2
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`As or: 02222016
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`Blue Caeh EverydaytSltl)
`Issuer: AmericanExptesa Centurion Bank
`Credit Limit: $25,000 {Cash Advance Limit: $5.000)
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`Rates and Fees Tabie
`interest Rates
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`Cardmemher Name: DENISE DlCKSTEIN
`Account Ending In: 31004
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`Annual Percentage Rate
`(APRHorPurdlnu
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`a
`0-00/mrodumry APRthrwoh youroattopooooutotonootn June.2017.
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`Alterihat, yourAPR will be 22.24%. This APRwili vary with the market based on the
`Prime Rate.
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`APR for Balance Transfers new. Introductory APR through your biting period that ends in June. 2017 for hanaeotims
`requested by March 23, 2016. Afterthat. your APR forthoce transactions and any other
`balance transfer requests that we may accept will be Milt.
`This APR will vary with the market based on the Prime Rate.
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`APR for Cash Advances
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`Penalty APR and When it
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`: with the market based on the Prime Rate.
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`.
`This APR will varyth the mattcetbasadonthe Prime Rate.
`This APR wll eopty to your account if you:
`1) make one or more late payments; or
`2) matte a paymentthat is returned.
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`Paying Interest
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`‘
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`'How Long Will the Penalty APR Apply? If the penatty APR [a appted. it wil apply for
`at leaetfi months Wewifl review yomAccountevet-yfi months afierthe penaltyAPR to
`applied The penaltyAPR will continue to apply until you have made timely payments with
`=-- thefi monme bein_ reviewed
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`Yourduedateieatleast 25dayeaftertheotoseofeachbilflng period. We wttl not charge
`youtnterestonptnoheeeelfyoupay