HomeMy WebLinkAbout01-0439 FX
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
NEXTCARD, INC.
Plaintiff,
v.
CURTIS W. JAMES,
Defendant.
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CNIL DMSION - ARBITRATION
No.: 0/- /.f2/( C?1l>~l t-~
Code:
COMPLAINT - CIVIL ACTION
Filed on Behalf of:
NEXTCARD, INC.,
Plaintiff
Counsel of Record For
This Party:
Gregory T. Artim, Esquire
Pa. 1. D. # 80886
PAYNE MYERS
Penn Plaza
Turtle Creek, PA 15145
(412) 823-8100
Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Defendant.
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No.:
CIVIL DIVISION - ARBITRATION
Plaintiff,
v.
Code:
CURTIS W. JAMES,
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within TWENTY (20) days after this complaint and
notice are served, by entering a written appearance personally or by an attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB
A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
NEXTCARD, INC.
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Plaintiff,
v.
CURTIS W. JAMES,
Defendant.
CIVIL DIVISION - ARBITRATION
No.: 0/- '13 q C0J /.LAArl'-
Code:
eOMPLAINT- eML ACTION
AND NOW, comes the Plaintiff, Nextcard, Inc., by and through its attorneys, Gregory T.
Artim, Esquire, and PAYNE MYERS and files the within Complaint in Civil Action and in support
thereof avers as follows:
1. Plaintiff, Nextcard, Inc., (hereinafter ''Nextcard'') is a corporation with an office located
at P.O. Box 1258, San Ramon, CA 94583-4354 and is engaged in the business of consumer credit.
2. Defendant, Curtis W. James, is an adult individual believed to be residing at 412 S.
College Street, Carlisle, Cumberland County, Pennsylvania 17013-3704.
3. Defendant applied for and received a Nextcard credit card issued by Plaintiff bearing the
account number 4120 7610 0154 9793 via the internet. A true and correct copy of the completed
online Application is attached hereto marked as Exhibit "A" and is incorporated by reference.
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4. Through the retention and use of the aforesaid Nextcard account, Defendant became
bound by the terms and conditions of the cardholder agreement, of which a true and correct copy is
attached hereto marked as Exhibit "B" and is incorporated by reference.
5. Defendant made use of said Nextcard credit card and currently has a balance due and
owing to Plaintiff of $5,182.12, as shown by Plaintiff's last Statement of Account. A true and
correct copy of Plaintiffs last Statement of Account is attached hereto marked as Exhibit "C" and
is incorporated by reference.
6. Defendant is in default of the terms of the cardholder Agreement, having not made
payment to Plaintiff as promised since August 15, 2000, thereby rendering the entire balance
immediately due and payable.
7. Plaintiff avers that the written Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges at the rate of22.90% per annum on the unpaid balance.
8. Plaintiff avers that per the cardholder Agreement between the parties that Defendant will
pay Plaintiffs attorney's fees.
9. Plaintiff avers that such attorney's fees will amount to $1,250.00.
10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges, attorney's fees or any part thereof owed to
Plaintiff regarding this account.
WHEREFORE, Plaintiff, Nextcard, Inc., demands Judgment in its favor and against
Defendant, Curtis W. James, in the amount of $6,432.12 with continuing finance charges thereon
at the rate of 22.90% per annum plus costs, fees and any other relief this Court deems proper. .
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THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
Respectfully submitted,
PAYNE MYERS
By:
Gregory T.
Pa. LD. #80886
Attorney for Plaintiff
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; :.. ..jnew' C:urrent:.<<pplicant. .
Name: CURTIS W, JAMES
Address: 412 S COLLEGE ST #304
CARLISLE,PA 17013
Rent Time at Address: 0 - 6 months
(717) 241-6510 Work Phone: (717) 805-0525
E-mail: curtjames@mail.com
SSN: 194-48-8429 Mother's Maiden: NOL T
08/21/1962 Age: 38
Employer: CURT JAMES CO.
http://nextstep/CCApplicationServlet?cmd=View+Curr+App
9/15/00
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Account Agreement and
Disclosure Statement
General
ihis NexcCard" Account Agreement and Disclosure Statement
("Agreemenr") contains the terms and conditi.ons which govern }'Qur
NexcCard Visa" (or MasterCard")) Account C--kcoum") which is
issued by NexrBank. NA. Phoenix. AZ.
This Agreement includes this document and the terms provided
in the Supplemenrai Disclosure enclosed...with this documenr and me
card carrier accompanying your Card. and an~" amendments thereto,
The Supplemenral Disclosure ,includes your Account Annual
Percentage Rates, Plea.se: read this Agreemenr carefully, including the
section on Finance Charges. and keep it for your records.
fn chis Agreemem. the word "Card" means the credit card(s)
issued ro you. The words "you.~ "your" and "yours" refer to each per~
son who has been approved for this Account. The words "we," "our"
Of "us" refer to NexrBank. N.A., or irs assignees. Iri addicion, the
words "TratlS2.ction Dace" refer to the dace rhe: goods or services were
purchased or the date the Cash Advance was m;tde. The words
"Posting Date" refer to the date that the charge was debited and/or
credited to your Account,
By applying for this Account. you agree to the terms and condi-
tions provided in this Agreement, including the Supplemental
Disclosure, You agree CQ sign your Card as soon J5 ~"OU receive it.
Liability
You become bound by rhis Agreemenr when ~"Ou use your Card
or Account. You are also bound by this Agreement for the use of
you, Card. or Account number by any person who has been given
authority by you to use your Card or Account n~ber,. If you autho<-
rire another person to use your Card. such authoncy 'l.V1U exte~d
until such time as we have retrieved the Card or you have recerved
the Carrl back.
Using Your Card and Account
You may use your Catd to purchase goods or services wherever
your Card is honored. You may obtain Cash Advances from us,' other
financial institutions and automated teller machines that accept your
Card. In addicion, you may obtain Cash Advances b:- us~ng the .
Convenience Checks that we may provide co you from ame 00 time.
These checks may not be used to make payments on this or any
ocher account with us.
You may use your Account for Balance Transfers. by which you
payoff other credit card o~rsranding balances. Balance Transfers may
include initial. and promotional offers.
We: have no responsibility for any refusal to honor.rour Card or
the Convenience Checks we provide. nor tor the retention of your
Card by any financialll'\.stitutiol'\. Qr merchant.
Promise to Pay
You promise to pay the tora! amount of the Purchases. Cash
Advances and Balance Transfers made with your Card or Acc~unt.
You also promise to pay any Finance .or ocher ,charg75 as descnbed
herein: and any COSts incutred by us LU enforctng thl~, Agreeme?t. "
induding reasonable attorneys' fees and court. casts. Attorneys fees
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includes the cmt to us of che services or our in-house COUt",
Personal Identification Number
Arret your ACcount is opened, we may issue you a PefS! J
fdencifica.cion ~umber ("PfN") which you may use with YOll
(0 obrn.in Cash Advances on "our Accounc at any automaced
machine in an" 'N'item 'Or {\e~ork 'Of which we ~re a memo,,:
make purchas~ ~t any designated point 'Of sale m2.<::hine. YOIl
use your Card and PIN at a.n automated teller machine to oh'
Cash Advances of up [0 $300 per day. up to your availablt: c:
Limit for C.uh .-\dvances. There will be no charge for the i5,~1I.
a PIN. (Orher banks' automared reller machines may have 101\
Cash Advance limits or may assess surcharges.)
Statements
You can ~cess your Account information and Statements
online. In addition, 'we will send or deliver to you a Sratemenc
end of each billing period (jncetvili of approximately one moo:
called "Billing C:de{) if there is a. debit or: credit balance on y(
Account of S I or mace, at a bahmce an whi<:h a Finartce Charg
been assessed. Cpon your request or approval, we may deliver :-.,
statement electronically.
Payment
All payments must be made in U.S, DoHacs and delivered.,.:
mailed to us a.t the address shown on your Sauement. Payments:
check must be drawn on a U.5. bank. You mUSt pay at least the
Minimum Payment Due shown on your Statement by the Payme:
Due Date. approximately 25 days after ~e Statement Closi,n~ D:
~ to avoid ddinquen0: If your pa.ymc:m t.S mace than the Mrnu,:u
Payment Due. it will be creared as a single payment and (tone at l[
will be applied to future Minimum Paymenrs Due, We may appl.y
payments to amouors owing on youe Account in our sole discrenor
and are not required to do SO in a manner that reduces the Finance
Charp you mUSt pay: Pa.ymenrs may also be made via the
NexrCard online bill paymenc system. Fat derails on using the
NexcCard online bill payment feacure. go to My.NextCacd.com.
For informacion regarding your Minimum p.a.yment each
month. see the Suppiemenral Disclosure to this Account Agreemenc
Credit Limit
Your Credit Umit is shown on the card. carrier with which your
Nex:.tCard Vtsa at MasterCard was delivered. and on your Scatemenr.
Your Statement will also show the amount of credit available (0 you
("Credit Available"). You agree that your Purchases. Cash Adv;mces
and Balance Transfers together with all charges and fees, wi\[ not
exceed yoUt Credit Limit, From time to time. we may change your
Credit Limit based upon infotmacion we obtain from you or from
vour credir records. If \'aur Credit Limit changes we will notify you.
Under certain circumstances we may allow YOll co exceed. yout' Credit
Limit; however. you agree to pay at least the Minimum P'1yment
Due by the next Pavm:ent Due Date.
The tOtal amount of Cash Advance. (including Drafts. if avail.
able. withdrawals from AT:VIs. origination from the Card itself. and
C:lSh~like transactions. including but not limited to wire transfers.
money orders. lottery rickers, and casino gaming chips) you ca,"
receive at any time is shown on YOUt monthly statements a.nd IS des.
ignated as your ":Toru Credit Limit for Cash Advances"
You agree not to permit YGI1C unpaid. Cash Advance balance to.
e:cceed this limit. If you currendv exceed, or once you reach thiS
limic, you will not be di2ible fo; additional Cash Advances until
your unpaid Cash Adv~ce balatlce is below this ihnic_ Ar this ci~e,
you may access the amount (If the difference between your unpaid.
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Cash Advance balance and ;lOur Cash Advance Credit limir. You
agree that we may change :lOur Cash Advant.:e Creuit limit at any
time, ;lnd we will notifY you of any such change.
FINANCE CHARGES
The types of Finance Charges chat may be a.s$":$s~d on your
Account arc as follow,: P~:illdjc Finance Charges: Tr.ilt~,l..:rioll
Finance Charges; Annual ,\i{embership Fee Finance Charges; and
Accou~t .Opening ~ee Finance Charge. Your tocal Finance Charge
t:ach Billing Cycle IS rhe ,um of eac:h eype of Finance Charges.
'lilt:. ,aleula,,: Peri1luic Finance Charges scparard;. t~'r Purchases,
Cash Advances and Balance Transters. To derermint: tht: Periodic
Finance Charge we apply the Daily Periodic Rares for Purchast:s.
Cash Advances and Balance Transfers ro the dailv babJh:c of
Purchases, Cash Advances and Balance Transfers: The sum of these
daily c:uculations for each dar in the Billing Cycle is the tOtal
Periodi.c Finance Charge ror the Billing Cyde. The Daily Periodic
Rates tor your Account are rhe corresponding Annual Percentage
Rates that currently may apply divided by 365.
To determine your dailv balance of Purchases. Cash .-\.dvances
and Balance Transfers we ;.c~rt with the outstanding balance at the
beginning.of rhe day including any Periodic Finart~e Charges calcu-
lated on the previous day' 5 balance. add any new Purchases. Cash
Advances and Balance Transfers or orher debitS for th~ day and then
subtract any payments. or credits. applied to Purchases. C~h
Advances and Balam;e Transfers that day. This gives us rh.: separate
dailv balances for Purchases. Cash Advances and Balance Transfers.
, Purchases, Cash Ad'.ances and Balance Transfers are ~ncluded in
your <h.ily balances as of me. later of tbe transaction date or tb.e
beginning of rhe Billing C:,de in which they-are posted co your
Account.
Periodic Finance Charges for Purchases, Cash Ad,oances and
Balance Tnnsfen for a day are added to the daily bal.anc.es of
Purchases. Cash Advances and Balance Transfers at eh.: end of the
day and included in the begirlning balances for the next day.
Other Charges. Annual y!embership Fee Finance Charges and
Account Opening Fee FUlance Charges are added to r..'1e daiiy bal-
ance of Purchases when posted. Transaction Finance Charges are
added co the dailv balance of Cash Advances when posted.
For each CaSh Advance cransaction. indudine- but nOt limited to
each Convenience Check presented to us for payment and each Cash
Advance obtained through a financial institution or Ant we may
assess a Transaction Finance Charge equal to 3% of the amount of
the advance. but nOt less than 55.00. A Tra:nsacrion Fmance Charge
is included in the calculation of the Annual Percentage Rate shown
on your Statement; therefore. for any Billing Cycle in which you
have drawn a Cash Advance or used a Convenience Check. the
Annual Percentage Rate that will appear on your Statement may be
higher than the Annual Percentage Rate described in the disclosures
provided to you,
Nc:xtCard offers optional Rewards Programs and an optional
Picture Card Program. Refer to the Supplemental Disclosure for
derails regarding the Annual. Membership Fee for these programs.
In any Billing Cycle in which there is a FlDance Charge. the
minimum Fmance Charge will be S0.500
Grace Period
Purchases, Cash Advances and Balance Transfers accrue Periodic
Finance Charges from the date they are included in ~'our Daily
Balance until paid. However. Periodic Finance Charges are not
assessed in a Billing Cycle on Purclwes if you paid in full the New
Balance. if any. shown on your previous statement by me Payment
Due Date shown on that statement or if that New Balance was a zero
Ot credit balance.
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Other Charges
Your Account also has ,he following other fees and -=harges
l"OrnerCharges'';:
There may he an Ar:nual Fee on your Accounr. Refer ro the
Supplemental Di,c!n,l.u,; :-',r c1erails rebr:lrding the Annual Pet.,
Lare Fee: You agree dm a lare charge of $29.00 wi!( be due :lnd
payable and added w rhe balance on your Account if you do not
make a paymem on your Account equal to or gteater than the
o'vfinimum P:l.Vmem rln ',~ ~tFf)re rhe Payment Due [)~lte,
Overiimir fee: YrJu a<f"tt" rhat in addition to paying any excess
upon demand or as (Hhc:"',\-:':i(: provided herein, an overlimit fee of
529.00 will be due and pa::able if you exceed your Total Credit Limi[
ar the end of a Billing C::de.
Returned Payment Fee: You agree to pay $29.00 ror each check,
draft or automatic payment ("Payment Order") issued by you as a
payment on your Account which fails w clear and is returned unsat~
isfied by your financiai imrirution. We may pose rhis charge to your
Account even if we re-presenc your Payment Order. and even if the
Payment Order is paid ll!>on re~presencmenc.
Returned Check Fee: You agree to pay $29.00 for each conve~
nience check we decline to honor. We may pOSt this charge to your
Account for each occurrence.
Authorized Users
You may request wd. at our discretion. we may provide an
additional Card on this Account for use by an individual you autho~
rize ("Auchodv:d. Use(j. You may also make a. single request for a
new Card ("Replacement Card~) for you or an Authorized User on
this Account. In addition. we may periodically send you substirute
Card(s) for your use. Cards issued in any of these ways are not sub-
ject to se.t'Vice charges. However. if you nave previously requested a
single Replacement Card, we will charge a Card Replacement Fee of
515 for any additional Card( sJ you request. You may also request
rush delivery of any new Ot Replacement Card(s) for an additional
519 for overni.ght ddl\'e.t:;.
Default and Immediate Payment
You will be in default and we lA!l require immediate payment of
all amounts you owe if: ;:ou provide inaccurate or incomplete infor~
mation when you appl~' for your Account or thereafter; you fail to
make the minimum payment on your Accoune by the Payment Due
Date; your New Balance amount exceeds your Credie Limit; your
outstanding Cash Advance Balance exceeds your Cash Advance
Credit Limit, if applicable; you fuil to pay your other debts or obliga-
clans; you fail eo abide by any term or condition of this Agreement;
we believe. in good faith. chat you may not be able to meet the
obligations of this Agreement: or, upon your death. You also agree to
notify us prompdy upon any change in name. address or employer.
Termination
We may suspend or rerminate your rights to obtain credit at any
time tor any reason. Your obligations under this Agreement will con-
tinue even after your tightS to obtain credit nave been suspended or
terminated.
Not Secured Credit
Your Account is not secured credit. We have no security interest
in any tranu.ction you make with this Card. regardless of any other
agreemenc you may ha'ie with us.
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Foreign Currencies
Depending on wherher your Card is a Visa or .\1;lSr~rCard. if
you charge a transaction in a foreign currency. the [t'.ltlsJ...:tion wilt be.
converted into a U.S. dollar amount by Visa or i\lasr.:rCltd based on
their operating procedures and regulations. Gen~r'J.lh'. currencv con-
versions are made using eichet a governmet\Hnanda~ed r;.tte 0;
wholesale market rate in effect one day prior co the Processing Dace,
increased by one percent. The currency conversion r.m: in effect on
the Processing Date may differ from the rate in df.:ct: on the
Transaction Date or the Posting Date.
Unauthorized Use
You must contact us jmmediately at t.800-;56-LOST lfvour
Card is tOSt or srolen or if you suspect unauthorized USe of yo~r
Account. We may investigate any cases of unaudlorizea use of your
Card Ot AccQunr. If you report or we suspeCt unaurhorized use of
your Card or Account, we may suspend your credit privileges unril
we resolve che problem to our satisfaction or issue you a. new Card.
You agree to sign each Card upon receipt. You agree to safe-
guard the Carel. your PIX, which provides ;tccess to automaeed eeller
machines. and Password, which provides lucernee access. from then:.
You agree to keep yout PlN and Password confidential and separate
from your Card.
If an unauthotized transaction occurs on the Internet or vour
Account number ls obtained ovet me Incernet ~d mbsequendy used.
for unauehoriud transactions. you will not be liable for that transac-
tion.
Updating Your Account In(ormation
From time to time. we may obtain updated credir information
from a ctedit reporting agency. You ate heteby notified that a nega"
tive credit report reflecting on your credit recotd may be submitted
to a credit reporting agency if you fail to fulfill the renDS of your
credit obligation. If you believe we have repOrted inaccurate informa-
rion about you to a credit bureau, please: notifY us at the address
appearing on your statement.
We may share informacion regarding our elCperiences or transac-
tions with you or your account with ochers, including: merchants and
companies affiliated with us by common conrrol or o,,"'l1ership (our
"Affiliates"). We may also share additional information regarding you
Ot your account (such as information from credit reporting agencies)
with our Affiliates. You can request that we do not furnish to our
Affiliaces informacion that does nor celare to our experiences or ~
actions with you or YOUt account by calling us at 1-888..974.2265.
You can also request that we do not share information about you for
marketing purposes with unaffiliated parties by contaCting us at l~
888-974-226;.
Amendments and Assignments
After we provide you any notice required by law, we may change
any p:m of this Agreement and add. remove or alter requirementS. IF
A CHANGE IS MADE TO THIS AGREEMENT. YOl.: AGREE
THAT. FROM THE EFFECTIVE DATE OF THE CHANGE.
THE NEW TERMS. INCLUDING ANY NEW OR I:-iCREASED
Rnance Charges. WILL APPLY BOTH TO ANY SEW
CHARGES TO YOUR ACCOUNT AND TO YOl.:R ENTIRE
OUTSTANDING BALANCE. INCLUDING ITE~[S POSTED
TO YOUR ACCOUNT BEFORE THE EFFECTIVE DATE OF
CHANGE. We also reserve the right to review your credir-.vorthiness
from time to .ime, including your performance with other ~red.itor.;.
and to change the terms of your Accounr based on that (e\'zew. You
agree that we may assign your Account and any amountS that you
owe' us to another entity' at person at any time, with or without
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nonce to you.
Governing Law
This Agreemem is governed by rhe laws of the Srate of Arizona
and by any applicable federal laws no matter where you live. You
agree that any litigation brought by you against us regarding this
Accounr or chis Agreement shall be brought in a state or federal
COUrt located in rhe Stare of Arizdna. If any part of mis Agreement is
round to be invalid, the rest remains effeCtive.
General Information
~o delay or faiiure in enforcing our rights under this AgreemerH
wiJl prejudice any of our rights hereunder. If you default, unless pro~
hibited by applicable Jaw. we may require you co pay all collection
COSts, including reasonable attorneys' fees and COUrt costs. Our failure
to exercise any of our rightS when you default or e..rercise ocher of our
rights does nOt mean mat we are unable to exercise those rights upon
larer default Ot otherwise.
Payments Marked "Paid In Full"
We may accept letters, checks or other cypes of payments show-
ing "p:lymcnt in fuU" or using other bmguage to indk3.te satisfac.tion
of your debt. without waiving any of our rights to receive full pay-
ment under this Agreement. Satisrnction of your debt for less than
ti-.,e full amount requires a written :Agreement. signed by one of our
aUthorized employees.
YOUR BILLING RIGHTS: KEEP THIS NOTICE FOR
FUTURE USE
This notice contains important informacion about :"our rights and
our responsibilities under the Fair Credit Billing Act.
Notify Us in Cases ofBi.lliag Errors or Questions about Your
Statement. If you chink your Scatemem is wrong. or you need. more
informacion abOUt a cransacrion on your Statement. write us at::
P.O. Box 22086
Tulsa. OK 74121-2086
Write US as soon as possibie. We must hear From you no later than
60 dayS after we sent you the first Statement on which the error or
probl~m appeared. Yo'u can relephone us, but doing so will not pre-
serve your righrs. In your letter. give us me following information:
. Your name and account number.
. The dollar amount of rhe suspected. ertor.
Describe me error and elCplain. if you can. why you believe there
is an error. If you need more infonnacion, describe the item you
are not sure about.
[f you have authorized us to pay your ctedit card bill automatically
ftom your sa\'ings or checking account, you can StOp the payment on
any amount you think is wtong. To stOp the payment your tercer
musr re:lch us three busint:Ss days before the automatic payment is
scheduled to occur.
Your Rights and Our Responsibilities after We Receive Your
Wrircen Notice. We musr acknowledge your letter within 30 days.
unless we have corrected the error by then. Within 90 days. we must
either correct the error or t:xplain why we believe your Statement was
COtrect.
After we receive your letter, we cannot try to collect any amount
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you quesrion, or repon you as delinqut:nr. We can ...:ominue to bill
you for cne amount you question. including Finance Charges. and
we can apply any unpaid amount against your Credit limir. YOll do
not have to pay any questioned amOunt while we are inn:scigating.
but you are still obligated m pay che parts of your Staremem thar are
not in question.
If we find that we made a mistake on your Statemcnt. you will
nor have (Q pay any Finance Charges related to the quesriont:d
amount. If we did not make a mistake. you may haVe;: to pay Finance
Charges, and you will have to make up any missed payments on rhe
questioned amOUnt. In either case, we will send you a statement of
the amount you owe and the date chat it is due.
If you fail [0 pay the amount chat we think you owe. we may
report you as delinquent. However, if our explanation does not saris~
fy you and you write to us wichln ten days teUing us chat you still
refuse to pay, we must cell anyone we report you to that you have a
question abOUt your Scaremem. And. we mUSt [ell you the name of
anyone we reported you to. We must tell anyone we rcport you to
. chat the matter has been settled berween us when it finallv is.
If we do not follow these rules, we cannot collect dt~ tlrst 550
or the questioned amOunt, even if your Statement was corrcct.
Special Rule for Credit Card Purchases. If ,.ou have a
problem with the quality of property or services thac you purchaset;l
with your Card, and you have cried in good faith to correct the prob-
lem with rhe merchant, you may have the right not to pay the
temaining amount due on the property or services. Thcre ate cwo
limications on this right:
. You mUSt have made the purchase in your home state or. if not
within your home state, within 100 miles of your current mail~
ing addtcss; and
. The purchase ptice must have been more than S 50.
These limitations do not apply if we own or operate the merchant.
or if we mailed you me advertisement for the propertY or services.
Page 7
I
Page 8
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Supplemental Disclosures to Ne.tCard'"' Account Agreement and Disclosure Statement
Purchases
The Monthly Rate used in determining your FINANCE CHARGE on Purchases is a fixed rate of 0.825 %
(Corresponding ANNUAL PERCENTAGE RATE of 9.9%*),
Cash Advances
The Monthly Rate used in determining your FINANCE CHARGE on Cash Advances is a fixed rate of 0.825%
(Corresponding ANNUAL PERCENTAGE RATE of 9.9%*).
Balance Transfers
The Monthly Rate used in determining your FINANCE CHARGE on Balance Transfers is a fixed rate of 0.825 %
(Corresponding ANNUAL PERCENTAGE RATE of 9.9%*).
Credit Limit for Cash Advances
Your initial Credit Limit for Cash Advances is 30% of your Credit Limit. (Example: If your Credit Limit is $1.000.
then your Credit Limit for Cash Advances is $300, If you access the full amount of your Credit Limit for Cash
Advances. the total Available Credit on your Account will be $700.)
*Finance Charges
The Monthly Rate used to determine FInance Charges may have been determined, in part, on your agreement to
complete a certain aggregate amount of Balance Transfers ("Aggregate Amount"), The Aggregate Amount was
selected by you as part of the application process. In the event that the total amount of your Balance Transfers is less
than the Aggregate Amount, you understand and agree that, subject to applicable law, we may increase the Monthly
Rate on your Account. and that new rate will apply to all outstanding balances as well as all new charges on your
Account. If this occurs. we will give you notice of your new Monthly Rate.
If your payment is received late twice withln a six-month period. the Monthly Rate used in determining your Finance
Charges on all outstanding balances as well as new transactions will immediately be adjusted to a fixed rate of
1.658%, corresponding to an Annual Percentage Rate of 19.9%. If you do not make a payment for two consecutive
months, the Monthly Rate used in determining your Finance Charges on all outstanding balances as well as new
transactions will immediately be adjusted to a fixed rate of 1.908%, corresponding to an Annual Percentage Rate of
22,9%,
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JAMES,CURTIS W..412 5 COLLEGE
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ST~* 304~CARLISLE~PA~17013-3704'4120761001549793
10/24/00 14; S5
:uRRENT SAL S~82.12 STATUS CODES INT/EXT x/Z HOME PHONE 717-241-6510
:REOIT LIMIT 4500 CYCLE CODE 21Y WORK PHONE 999-999-9999
~VAILA6LE CR 682- PLASTICS ~ 1 TYPE 11 COLLECTOR CODE 922
.AST PMT AMOUNT 10 ~ST MONETARY 08-31-00 Y ENTRY DATE 02-25-QO
.AST PMT DATE 08-15-00 OPEN DATE 09-99 wORK DATE 10-25-00
\MOUNT QUE 9'~S DISPUTES 0 00 CTO ACTIVI7v 0 0
~MT DELINQUENT 841 OVERLIMIT HISTORY OS PROMISE AMOUNT
~ TIMES 1 CYCLE 0 ~ISTORY 77PC FEDC BIll PROMISE DATE 00-00-00
, TIMES 2 CYCLES 0 REAGE 00 DELQ SCEN 0002 USER FLACS V B
1 TIMES 3 CYCLES 7 SCORE: BM 236 CR 922 SPECIAL F~GS B A
t DAYS DELINQUENT 294 CREDIT ~INe 09-99 MIse F x A~AC A2700C
=Ixeo PAY ~lT 0.00 SOC SEC# ~94-4S-8429 RECOURSE F~AC N REL eD
'~n~, R~FFRFNlE 1 0000000000000000 2 0000000000000000 3 0000000000000000
EXHIBIT
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VERIFICATION
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verify that the statements therein are correct to the best of my personal knowledge, information
and/or belief.
This verification is made subject to the penalties of 18 P A. C.S.A. Section 4904, relating to
unsworn &lSification to authorities, which provides that if! make knowingly false statements I may
be subject to criminAl penalties.
J//;/1J6
Date ( I
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RLEt}-t,"fFiCE
OF THE pnOTHONOTARY
01 JAM 22 PM 3: 57
CUMBERLAND COUl\i1Y
PENNSYLVANIA
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-00439 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NEXTCARD INC
VS
JAMES CURTIS W
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
JAMES CURTIS W
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
IN ARBITRATION
, NOT FOUND , as to
the within named DEFENDANT
, JAMES CURTIS W
MAIL IS STILL DELIVERED AT ADDRESS STATED, ROUTE CARRIER STATES
DEFT. IS HOME ON WEEKENDS ONLY, 7 ATTEMPTS WERE MADE, PAPER EXPIRED.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
- :>-
.......-::.~
R. Thomas Klin
Sheriff of Cumberland County
PAYNE MYERS
03/01/2001
Sworn and subscribed to before me
this
~~ day of ~
;Lvv I A.D.
Q~, 0. lhd;;. ~ / +5
Pr onotary
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MAR 1 5 2~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
ORDER OF COURT
AND NOW, this I ~ J'VI day of tI\. ~
,2001, it is hereby ORDERED,
ADJUDGED and DECREED that the Plaintiff may effectuate service upon Defendant Curtis W.
James by First Class U.S. Mail and/or Certified Mail and}4 by publication.
By the Court:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) MOTION FOR ALTERNATE
Defendant. ) SERVICE
)
)
) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. 1. D.# 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
MOTION FOR ALTERNATIVE SERVICE
AND NOW, comes the Plaintiff, Nextcard, Inc., by and through its attorneys, Gregory T.
Artim, Esquire, and PAYNE MYERS, and files the within Motion for Alternative Service, and in
support thereof avers as follows:
1. Plaintiffs filed a Complaint in Civil Action on or about January 22,2001, in the Court of
Cornmon Pleas of Cumberland County at Docket No. 01-439, making a claim against Defendant in
breach of contract.
2. Plaintiff's counsel has attempted to serve Defendant, Curtis W. James, at his last known
address of 4l2S. College Street, Carlisle, Pennsylvania through the Cumberland County Sheriffs
Department to no avail.
3. The Sheriff's return averred that there the "mail is still delivered at address stated, Route
carrier states Defendant is home on weekends only, 7 attempts were made, paper expired." A true
and correct copy of the Cumberland County Sheriff s return of service is attached hereto marked as
Exhibit "A" and is incorporated by reference.
4. The Cumberland County Sheriff s Department forwarded a change of address form to the
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United States Post Office, with the Postmaster's response indicating that 412 S. College Street, Apt.
304 was a good address for Defendant James and that he does receive mail there. A copy of the
Request for Change of Address is attached hereto marked as Exhibit "B" and is incorporated by
reference,
5. Plaintiff herein avers that Defendant Curtis W. James is aware of the instant lawsuit but
is making efforts to avoid service of process.
6. Plaintiffs are unable to serve Defendant Curtis W. James due to his efforts to avoid service'
and have been forced to expend extraordinary time, effort and money to effectuate service upon said
Defendant.
WHEREFORE, Plaintiff, Nextcard, Inc., respectfully request an Order of Court authorizing
service of the Complaint by First Class U.S. Mail and/or Certified Mail and/or by publication.
Respectfully submitted,
PAYNEMYERS~ (\
By ~\ bt
Gregory Artim, Esquire
PA.!.D. # 80886
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXrCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRA nON
v.
Code:
CURTIS W. JAMES,
Defendant.
AFFIDAVIT
I, GREGORY T. ARTIM, ESQUIRE, do swear that the following facts relating to the efforts
undergone to effect service of the Complaint upon the Defendant are true and correct to the best
of my knowledge, information, and belief:
1. Affiant is attorney for Plaintiff.
2. Affiant has attempted service through the Cumberland County Sheriffs Department
as per Pa. R.C.P. 400 but said attempts have been ineffective.
3. Affiant has received information from the Cumberland County Sheriff's Department
and the postal authorities in Carlisle, Pennsylvania that Defendant, Curtis W. James,
does receive mail at the listed address and further that no change of address was
listed for Defendant James.
SWORN to and su~ribed
befor~ this l? day
of ~ch ,2001.
~g~1Qqwre
o:1w I/Lo
Notary Public
My commission expires:
Notarial Seal
TomIM. Dunlevy. NotaryPubl'IC
Turtle Creel< Bora. Allegheny County
My CommISSion Expires July 22. 2002
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SHERIFF'S RETURN - NOT FOUND
-
CASE NO: 2001-00439 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NEXT CARD INC
VS
JAMES CURTIS W
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
JAMES CURTIS W
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
IN ARBITRATION
, NOT FOUND , as to
the within named DEFENDANT
, JAMES CURTIS W
MAIL IS STILL DELIVERED AT ADDRESS STATED, ROUTE CARRIER STATES
DEFT. IS HOME ON WEEKENDS ONLY, 7 ATTEMPTS WERE MADE, PAPER EXPIRED.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
S:a~;-';;~~
R. Thomas K1in.
Sheriff of Cumberland County
PAYNE MYERS
03/01/2001
Sworn and subscribed to before me
day of
this
A.D.
Prothonotary
.
<i EXHIBIT
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SheriH
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RONNY P.. ANDER-Sf
Chief Depu:y
EDWARD L, SCHORPF
Solicitor
OFFICE OF THE SHERIFF
?AT?ICIA A. ,SHATT
F.eaJ Estai2 O~;:OUly
One Courthouse Square
Carlisle, Pennsylvania non
To:
pon:r~~
A.gene)" Control No.
01- 43'1
Date:
Address [nform~tion Request
Please furnish this agency witb the new address, if available, for the following individual or verify
wherner the address given below is one at which mail far this individual is currentlv beinlZ delivered.
rfthe foUowing address is a past office box:. please furnish the street address as iec;ided an the
boxho\der's application form, '
Na.rne:
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Last Known Address: lJl J.- ~ .
6J/, <it-
r certify the address information for this individual is required f the: p OiTrl nce of this agency's
official duties.
A-pf. 30'1
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() NOT KNOWN AT ADDRESS GfVEN
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() NO SUCH ADDRESS
() OTHER (SPECIFY):
NEW ADDRESS
BOXHOLDER'S STREEt-ADDRESS
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Agency Return Address
Address information Request (Required Forma:!)
Exhibir 352,44b
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within MOTION FOR ALTERNATE
SERVICE was served by U.S. Mail, first class, postage prepaid, upon the following:
Curtis W. James
412 S. College Street, Apt. 304
Carlisle, P A 17013
5 - 6~ -0 r
DATE
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Gregory Artim, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) PRAECIPE TO REINSTATE
Defendant. ) COMPLAINT
)
)
) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. 1. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INe.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly Reinstate the Complaint with regard to the above captioned action.
Respectfully requested,
PAYNE MYERS
Grego . Mim, Esquire
Attorney for Plaintiff
DATE: ')- l~......O I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) PROOF OF SERVICE BY ORDINARY
Defendant. ) MAIL ON DEFENDANT PURSUANT
) TO ORDER OF COURT AND
) PA.R.C.P.403
)
)
) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. I. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
'.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INe.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
PROOF OF SERVICE BY ORDINARY MAIL ON DEFENDANT
PURSUANT TO Pa.R.c.P. 403 and ORDER OF COURT
On April 6, 2001, pursuant to the Order of Court and Pa.R.C.P. 403, a Complaint directed
to Defendant, Curtis W. James, was sent by regular U.S. mail postage prepaid to the Defendant's
residence of412 S. College Street, Apt. 304, Carlisle, PA 17013. Plaintiff has attached the original
receipt hereto which is marked as Exhibit "A" and is incorporated by reference. Over 15 days have
elapsed and said Complaint has not been returned to Plaintiff s Counsel.
Respectfully submitted,
Dated:
~"-l~,OI
PAYNEMFERS !
Dy M
Gregory T. 1m, EsqUlre
Pa. I.D. #80886
Attorney for Plaintiff
.
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE ~ POSTMASTER /""~"'.
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PAYNE MYERS'
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PS Form 3817. Mar. 1989
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) IMPORTANT NOTICE
Defendant. )
)
)
) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. 1. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN TillS CASE. UNLESS YOU ACT WITillN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
DATE:
c:; -Il/O(
Grego . Aitim, Esquire
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certifY that a true and correct copy of the within IMPORTANT NOTICE was served
by U.S. Mail, first class, postage prepaid, upon the following:
Curtis W. James
412 S. College Street, Apt. 304
Carlisle, PA 17013
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
) -
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) PRAECIPE FOR DEFAULT
Defendant. ) JUDGMENT
)
)
) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. 1. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
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NEXTCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
)
No.: 01-439
CIVIL DIVISION - ARBITRATION
v.
Code:
CURTIS W. JAMES,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO: Cumberland County Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Kindly enter judgment in favor of the Plaintiffs and against Defendant, Curtis W. James, in
the amount of $6,432.12 plus costs and interest.
Respectfully submitted,
PAYNE MYERS
By:
Gregory . Artim, Esquire
Pa. J.D. #80886
Attorney for Plaintiffs
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
) (") 0 r'
) Code: c
v. ?: .'
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CURTIS W. JAMES, ) ('.,) -
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) IMPORTANT NOTICE -(
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) Plaintiff
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) Counsel of Record For
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) Pa. I. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, P A 15145
) (412) 823-8100'
)
) Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiff,
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No.: 01-439
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CURTIS W. JAMES,
Defendant.
IMPORTA.l~T NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. lJ1'IiLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU !\'IAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO ALA WYERAT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Court Administrator
4th FlooT, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
DATE:
c:; ..- 11 ...-O(
Grego . Aitim, Esquire
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within IMPORT ANT NOTICE was served
by U.S. Mail, first class, postage prepaid, upon the following:
Curtis W. James
412 S. College Street, Apt. 304
Carlisle, P A 17013
C; ..- (1-01
DATE
2
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FiLED-OfFiCE
OF 1", ". -r'''"-I_J~''''TARY
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01 JUN -7 PH 2: 50
CUMBERU'.,\lD COUNTY
PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. )
)
CURTIS W. JAMES, )
) PRAECIPE FOR WRIT OF
Defendant. ) EXECUTION
)
)
TO: WAYPOINTBANK, )
)
Garnishee ) Filed on Behalf of:
) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. 1. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Finn #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
v.
CURTIS W. JAMES,
Defendant.
TO: WAYPOINT BANK,
Garnishee
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION - ARBITRATION
No.: 01-439
PRAECIPE FOR WRIT OF EXECUTION
To: Prothonotary, CnmberlandCounty:
Kindly issue a writ of execution in the above captioned matter,
(1) Directed to the Sheriff of Cumberland County;
(2) Against Curtis W James, Defendant; and
(3) Against Waypoint Bank, Garnishee
(4) and index this writ
(a) against the above captioned Defendant
(5)
Amount due
Interest from 08-15-00
(Costs to be added)
$6,432.12
$
$
By:
Gregory . Artim, Esquire
Pa. I.D. #80886
Attorney for Plaintiff
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-00439 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
NEXT CARD INC
VS
JAMES CURTIS W
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0013:20 Hours, on the 12th day of September, 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
JAMES CURTIS W
in the
hands, possession, or control of the within named Garnishee
WAYPOINT BANK 1160 WALNUT BOTTOM ROAD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
RAMAYNE MACKE (ASST. BRANCH MANAGER)
personally three copies of interogatories together with 3
true
and attested copies of the within COMPLAINT & NOTICE
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
SO?F~4<~t
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
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BY~~lJ~~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.: 01-439
)
v. ) Code:
)
CURTIS W. JAMES, )
) PRAECIPE FOR JUDGMENT
Defendant. ) AGAINST GARNISHEE
)
)
TO: WAY POINT BANK )
) Filed on Behalf of:
Garnishee. ) NEXTCARD, INC.,
) Plaintiff
)
) Counsel of Record For
) This Party:
)
) Gregory T. Artim, Esquire
) Pa. I. D. # 80886
)
) PAYNE MYERS
) Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #393
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
v.
CURTIS W. JAMES,
Defendant.
TO: WAYPOINTBANK
Garnishee.
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION - ARBITRATION
No.: 01-439
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO: Cumberland County Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
Kindly enter judgment in favor of the Plaintiff and against Waypoint Bank as Garnishee in
the amount of $531.07 pursuant to answers to Interrogatories in Attachment Directed to Garnishee
attached hereto as Exhibit "A".
Respectfully submitted,
PAYNE MYERS
B~ ~~
Gregory . Artim, Esquire
Pa.I.D.#80886
Attorney for Plaintiffs
. 0,,/24/2001 22:49
. .
4128291021
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PAGE 02
IN 'I1IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEX."I'tARD, INC.
PIaiDti1f
,
v.
CUR. W. JAMES.
Defehdaut.
TO: WA:WoINTBANK,
Gamlshee
&9-25-&1 &9:48 TO:WAYPOINT BANK
)
)
)
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CIVIL DIVISION - ARBITRA nON
No.: 01-439
IN1ERROGATORIESlN ATTACHMENT
DIRECTED TO GARNISHEE,
WAYPOINT BANK
Filed on Behalf of:
NEXTCARD, INC.,
Plaintiff
Counsel of Record For
This Party:
Gregory T. Artim, Esquire
Pa. I. D. # 80886
PAYNE MYERS
Penn Plaza
TurtleCreek,PA 15145
(412) 823-8100
Firm #393
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4128291021
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PAGE B'3
IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANTA
NExrtARD. INC.
PIainti1f.
.Y.
cUR:I1S W. JAMES.
DefendaIIt.
TO; -'YPOINT BANK.
Garnishee
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CML DIVISION - ARBlTRA TION
No.: 01-439
~~Q'Dq: TO GARNISHEE
: A. Yau are requiied to file 8lISWCtS to the fullowing interrogatories wifuin twenty (20) days
after SlltViee upon you. hilw:e to do so may result in Judgment against you.
~. Herein, the WOJd "defendant" means any one or more of the defendants against whom the
Writot~ is illlRlld.
'C.Wbile scrv:iceofWrit upon the Garnishee attaches all property of the Defendant subject
to ~cnt which is 1hen in the hands of the Garnishee, it also attacbes all property of the
Deft:Ddlintwbich comes ilIto the GluniBhee's pllllllession thereafter, until Judgment is entered against
the~; For example, the resultant liability of a Garnishee-Bank would not be measured by
the ~ in the dcbIot's lIlCOUtlt, either at the time of service of the Writ or at the time of
Judgmftragainst the Oamisllee, but rather by the amounts deposited and withdrawn during the
in~ period.
i..':
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PAVt~E ~1VERS PAGE 04
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCAtm, INC.
Plaintiff,
v.
CURTt$ W. JAMES,
I>ct'eDdaat.
, '
TO: W~YroINT BANK,
G....llshcc
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION . ARBITRATION
No.: 01.439
JIaEIJlOG~ ATIAqIMENT DIRECTED TO GARNISHEE
TO:~B_:
'1. At the time you were served or at any subsequent time did you owe the defendant any
mouy:or were you liable to him on any negotiable or other written instrument, or did he claim that
you oV8d him any moMy or were liable to him for any reason?
~ES ( 1l&'YItIJJD DEPOSIt (C-JfE-CLKIlJG-) A(l(!);#:.qoq~~qt.
:LN b rv I~,^AL-LY OWN E.l) 81 C-lAJ( Ii s \t\.J. -..JA m ~s
'2. If the answer to In1errogatory 1 is in the affirmative, state the following: the amount of
moncyi you owe or 0WIllll to cIefendant, and, if such money is in the form of a fund, the present
lOOlllioti~ the tetms, M llIIlOllllt and amount you owe or owed to defendant on each of such
negotiilie Or olher writIien inidrwnents and the present location of each of such instruments; the
amount or amounts that detelidlmt claims or claimed that you owe or owed to him; and the nature
and ~-m of each oC.liabilities.
, TI-I-E. (?,A-U\-tJ CE i tJ 114 e A-Uo IA.JllT
A-s O~ TO bA{.s. J>4Tti:.
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.
89-25-81 99:48
TO:WAYPOINT BANK
q/ 13/~OOI
(T~I.& IS '71lE ~18;Y1ol
&ab c;{oc.uments Were.
fe.-C~ vetJ -I 0.. hol Jr lo.ce& (em o.~
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PA"lNE HVERS
PAGE 05
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3. At the time that you were served or at any subsequent time was there in your possession,
custody or control or in the joint possession, custody or control of yourself and one or more other
persoD$ any property of any nature o'Wlled solely or in part by the defendant?
N()NE to my KfJOt,VlEl)6-E
4. Iftbe answtrto Jntmogatory 3 is in the affirmative, describe the nature, fair market value,
and p1acm location of each of such properties.
N/A
S. At the time that you were served or at any subsequent time did you hold legal title to any
property of any nature owned solely or in part by the defendant or in which the defendant held or
cl~ t1ly intmest?
NON E
16 my K No w LE.D ~~
89-25-81 89:49 TO:WAY~OINT BANK
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PAYNE I"IVERS
F'AGE 86
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6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value,
and preIaIlt location of eath of stid properties.
N/A
7. At the time that you were served or at any subsequent time did you hold as fiduciary any
propt\l.'t!y. in which the ~t had an interest?
No)
NOT TO M,/ K/Jo wi, E !) Grt=.
8. Ifthc answer to lntaI'roglltory 7 is in the affirmative, describe the nature, fair market value,
and ,..,t location of ftCh of such properties.
N/A
~9-25-~1 ~9:49 TO:WAYPOINT BANK
FROM:4128291~21
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PAYNE I'I''/ERS
PAGE 07
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9. At any time before or after you were served did the defendant transfer or deliver any
property W you or to any person or place purslllUlt to your direction or consent and if SQ what was
the CODIideration thmd'ore?
tJ O,J E to fh'l t< NOWL-EfJ 6. t=;.
10. lfthe answer to Intel'rogatoij' 9 is in the affirmative, describe the nature, fair market
value, liDd pre: ,-t lacalion oreach of such properties.
NjA
11. At any time after you were served did you pay, transfer or deliver any money or property
to the ~t1""f or to any person or place pursuant to his direction or otherwise discharge any claim
ofthc ~t against you?
NO, NOt 10 my KtJDtU~ ED G-E
PAYNE MYERS
Attorneys for PI ' tiff
BY:
Grego . AItim, Esquire
PA.J.D, #80886
Penn Plaza, Suite 208
Turtle Creek, PA 15145
(412) 823-8100
&9-25-&1 &9:5& TO:WAYPOINT BANK
FROM:412829I&21
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
)
Plaintiff, ) No.:01-439
)
v. )
)
CURTIS W. JAMES )
) PRAECIPE TO SATISFY JUDGMENT
) AGAINST GARNISHEE
) W AYPOINT BANK
Defendant. )
)
)
) Filed on behalf of:
) Nextcard, Inc.
) Plaintiff
)
) Counsel of Record
) For This Party:
)
)
) GREGORY T. ARTIM, ESQUIRE
) Pa. LD. #80886
)
) PAYNE MYERS
) Firm No.: 393
) Penn Plaza, Suite 208
) Turtle Creek, PA 15145
)
) (412) 823-8100
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IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
)
)
)
)
)
)
)
)
No.:01-439
CIVIL DIVISION - ARBITRATION
v.
CURTIS W. JAMES
Defendant.
PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly mark the judgment against WayPoint Bank,entered on October 10,2001 as satisfied.
:Respectfully submitted,
\D -\ :::; -6\
Date
By:
Grego 1\rtim, Esquire
Attorney for Plaintiff
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01 OCT 17 PH 4: 14
CUMBEHL<\ND COUNlY
PENNSYLVANIA
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
18.00
1. 43
"
.50
1.00
3.25
20.00
20.00
9.00
73.18
Sworn and Subscribed to before me
this 11 'li:. day OLY';'
2002 A.D. ~, 0 )/'1//1;..,/%
pr thonotary
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Advance Costs:
Sheriff s Costs:
150.00
73.18
76.82
Refunded to Arty on 7/3/02
So Answers;
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R. Thomas Kline, Sheriff
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COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
WRIT OF EXECUTION and/or ATTACHMENT
NO. 01-439 CIVIL ~ TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF Clnnher1and COUNTY:
To satisfy the debt, interest and costs due Nextcard, Inc.
PLAINTIFF(S)
from
Curtis W. James, 412 South College St., Carlisle, PA 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
(2) You are also directed to attach the property ot the defendant(s) not levied upon in the possession of
Waypoint Bank, 1160 Walnut Botton Road, CarlffiSlle, PA 17013
GARNISHEE(S) as follows:
and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property ollhe defendant(s) not levied upon an subjectto attachment is found in the possession of anyone other
than a named garnishee, you are direcledlo nolify him/herthal he/she has been added as a garnishee and is enjoined as above
stated.
AmounlDue $6,432.12
Interest iran 8/15/00
L.L.
$.50
$1.00
Atty's Comm %
Due Prothy
Other Costs
Atty Paid
Plaintiff Paid
$]06.70
Date: Allgllst 29. 2001
Curtis R. Long
Prothonotary, Civil Division
~ by fllJhl P ~ P 7t;a~J -
Deputy
REQUESTING PARTY:
Name
Address:
Gr~go:r:y T. Artim, Esq.
Ppnn Plaza. Suite 208
~lrtlp Crppk. PA 15145
Attorney for: Pli'lint-iff
Telephone: 41 :<-R:<i-R 100
Supreme Court 10 No. --BORRfi
~
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, 1NC. )
)
Plaintiff, )
)
)
v. )
CURTIS W. JAMES, )
)
Defendant. )
)
)
TO: WAYPOINT BANK, )
)
Garnishee )
CIVIL DIVISION - ARBITRATION
No.: 01-439
iNTERROGATORIES IN ATTACHMENT DIRECTED TO GARNISHEE
TO: Waypoint Bank:
1. At the time you were served or at any subsequent time did you owe the defendant any
money or were you liable to him on any negotiable or other written instrument, or did he claim that
you owed him any money or were liable to him for any reason?
2. If the answer to Interrogatory 1 is in the affirmative, state the following: the mount of
money you owe or owed to defendant, and, if such money is in the form of a fund, the present
location thereof; the terms, face amount and amount you owe or owed to defendant on each of such
negotiable or other written instruments and the present location of each of such instruments; the
amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature
and amount of each of such liabilities.
the aI'-sr~ of each of sach P
old legal title to
--- time did ~/ou h - ~ndant held'
~ ~e time ~at
.-e~, of ~Y nam~ o
c~mme~ '~
6. If the answer to Interrogatory 5 is in the affn-mative, describe the nature, fair market value,
and present location of each of said properties.
7. At the time that you were served or at any subsequent time did you hold as fiduciary any
property in which the defendant had an interest?
8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value,
and present location of each of such properties.
9'. At any time before or after you were served did the defendant transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and if so what was
the consideration therefore?
10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market
value, and present location of each of such properties.
11. At any time after you were served did you pay, transfer or deliver any money or property
to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim
of the defendant against you?
BY:
PA YNE MYERS
Attorneys for Plaintiff
Gre~o~'~. Arti~n,~squire
PA. I.D. #80886
Penn Plaza, Suite 208
Turtle Creek, PA 15145
(412) 823-8100