HomeMy WebLinkAbout01-2124 FX
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION
) C()Lf't~
Plaintiff, ) No.: 01- :J1J.'f
)
v, ) Code:
)
PATRICK M. McCARDELL, )
) COMPLAINT - CIVIL ACTION
Defendant. )
)
)
) 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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
)
)
)
)
)
)
)
)
)
No.:
NEXTCARD, INC.
CIVIL DIVISION - ARBITRATION
Plaintiff,
v.
Code:
PATRICK M. McCARDELL,
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 HAVE
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
4'h Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEXTCARD, INC.
Plaintiff,
v.
PATRICK M. McCARDELL,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION - ARBITRATION
No.: 01- ;2/.:L'f ~ ~
Code:
COMPLAINT- CIVIL 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, Patrick M. McCardell, is an adult individual believed to be residing at 81
Rustic Drive, Shippensurg, Cumberland County, Pennsylvania 17252-8751.
3. Defendant applied for and received a Nextcard credit card issued by Plaintiff bearing the
account number 42549701 0048 1448 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.
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
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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 $2650. 14 as shown by Plaintiffs 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 30, 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 of 24.49% 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, Patrick M. McCardell, in the amount of $3,900.14 with continuing finance charges
thereon at the rate of24.49% per annwn 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 MYE~
\
By:
Gregory T. im, Esquire
Pa. J.D. #80886
Attorney for Plaintiff
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TU EXP
Field Cust Value Value Rep'd Upt'd Value Rep'd Upt'l
Name PATRICK M. PATRICK Iv[ PATRICKM
MCCARDELL MCCARDELL MCCARDELL
A KAlNicknamel PATRICK N
MCCARDELL
Current Address 81 RUSTIC DR 8l RUSTIC DRE 12/98 81 RUSTIC DR 12/98 07/0C
SHIPPENSBURG. PA SHIPPENSBURG, SHIPPENSBURG,
17257 PA 17257 PA 17257.8746
Prev Address 625 FOUNDERS 10/98 1422 BRADLEY 04/98 o 1/9S
HALL DR UNIT C211
SLIPPERY ROCK, CARLISLE, P A
PA 16057 17013.1266
Prev Address 2 1422 BRADLEY DR LOT 162 LEIBYS 02/98 02/9E
#C PKWY
CARLISLE, P A CARLISLE, PA
17013 17013
Own or Rent Own
Time at Current More than 24 months
Address
SSN 198.58-0442 198.58-0442 198.58.0442
Employment OVERNITE OVERNITE
TRANSPORTATION TRANSPORTATION
CO
DOB 07/10/1976 07/77 1977
Home Phone (717) 530.9006
Work Phone (717) 691.2100
Income $33,000
Mother's HENRETTY
Maiden
Email 12m<;_arde(@inn~tQeroO.~J
SCH Name MARIE B.
MCCARDELL
SCH SSN 204-46.9894
SCH Email pmcardel@innernet.net
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EXHIBIT
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Account Agreement and
Disclosure Statement
General
This NextCard<ll Account Agreement and Disclosure Statement
("Agreement") contains the terms and condi~!ons whi~h go,:,ern, your
NextCard Visa"" (or Masn:rCard<ll) Account ( Account) which IS
issued by NextBank, N.A., Phoenix, AZ. .
This Agreement includes this document and the terms provided
in the Supplemental Disclosure enclosed with this document and the
card carrier accompanying your Card, and any amendments thereto.
The Supplemental Disclosure includes your-Account Annual
Percentage Rates. Please read this Agreement carefully, including the
section on Finance Charges, and keep it for your records.
In this Agreement, the word "Card" means the credit card(s)
issued to you. The words "you," "your" and "yours" refer to each per-
son who has been approved for this Account. The words "we," "our"
or "us" refer to NextBank, N.A., or itS assignees. In addition, the
words "Transaction Date" refer to the date the goods or services were
purchased or the date the Cash Advance was made. The. words
"Posting Date" refer to me 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 Supplemen.tal .
Disclosure. You agree to sign your Card as soon as you receive It.
Liability
You become bound by this Agreement when you use your Card
or Account. You are also bound by this Agreement for the use of
your Card or Account number by any person who has been given
authotity by you to use your Card or Account number. If you autho.
rize another person to use your Card, such authority wilt exte~d
until such time as we have retrieved the Card or you have received
the Card back.
Using Your Card and Account
You may use your Card 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 addition, you may obtain Cash Advances by using the
Convenience Checks that we may provide to you from time to time.
These checks may not be used to make paymentS on this or any
other account with us.
You may use your Account for Balanc.e Transfers, by which you
payoff other credit card ourstanding balances. Balance Transfers may
include initial and promotional offers.
We have no responsibility for any refusal to honor your Card or
the Convenience Checks we provide, nor for the retention of your
Card by any financial institution or merchant.
Promise to Pay
You promise to pay the total amount of the Purchases, Cash
Advances and Balance Transfers made with your Card or Account.
You also promise to pay any Finance or other charges as described
herein; and any COstS incurred by us in enforcing this Agreement.
including reasonable attorneys' fees and court costs. "Artorneys' fees"
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includes rhe cose to us of the services of our in-house counsel.
Personal Identification Number
After your Account is opened, we may issue you a Personal
Identification Number ("PIN") which you may use with your Card
to obtain Cash Advances on your Accoum at any amomated teller
machine in any system or network o~ which we are a,member, or to
make purchases at any designated pOint of sale machIne, You may
use vour Card and PIN at an automated teller machine to obtain
Cash Advances of up to 5300 per ~ay, up to your availabl: Credit
Limit for Cash Advances. There WIll be no charge for the Issuance of
a PI:--i. (Other banks' automated teller machines may have lower
Cash Advance limits or may assess surcharges.)
Statements
You can access your Account information and Statements
online. In addition. we will send or deliver to you a Statement at the
end of each billing period (intervals of approximately one month
called "Billing Cycles") if there is a debit or credit balance on your
Account of $1 or more, or a balance on which a Finance Charge has
been assessed. Upon your request or approval, we may deliver your
statement electronically.
Payment
All payments must be made in U.S. Dollars and delivered, or
mailed to us at the address shown on your Statement. Payments by
check must be drawn on a U.S. bank. You must pay at least the
Minimum Payment Due shown on your Statement by the Payment
Due Date. approximately 25 days after the Statement Closing Date
- to avoid delinquency. If your payment is more than the Minimum
Pavment Due, it will be treated as a single payment and non'; of it
wiii be applied to future Minimum Payments Due. We may apply
pavmentS to amounts owing on your Account in our sole discretion
and are nor required to do so in a manner that reduces the Finance
Charges you must pay. Payments may also be made via the
NextCard online bill payment system. For details on using the
NextCard online bill payment feature, go to My.NextCard.com.
For informadon regarding your Minimum Payment each
monch, see the Supplemental Disclosure to this Account Agreement.
Credit Limit
Your Credit Limit is shown on the card. carrier with which your
NextCard Visa or MasterCard was delivered and on your Statement.
Your Statement will also show the amount of credit available to you
{"Credit Available"). You agree that your Purchases, Cash Advances
and Balance Transfers together with all charges and fees, will not
exceed your Credit Limit. From time to time, we may change your
Credit Limit based upon information we obtain from you or from
your credit records. If your Credit Limit changes we will notifY you.
Under certain circumstances we may allow you to exceed your Credit
Limit; however, you agree to pay at least the Minimum Payment
Due by the next Payment Due Date,
The total amo~nt of Cash Advance, (including Drafts, if avail-
able, withdrawals from ATMs, origination from the Card itself, and
cash-like transactions, including but nor limited to wire transfers,
money orders, lortery tickets, and casino gaming chips) you can
receive at any time is shown on your monthly statements and is des-
ignated as your "Toral Credit Limit for Cash Advances",
You agree not to permit your unpaid Cash Advance balance to
exceed this limit. If you currently exceed, or once you reach this
limit, you will not be eligible for additional Cash Advances until
your unpaid Cash Advance balance is below this limit. At this time,
you may access the amount of the difference between your unpaid
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Cash Advance balance and your Cash Advance Credit Limit. You
agree that we may change your Cash Advance Credit Limit at any
time, and we will notify you of any such change.
FINANCE CHARGES
The rypes of Finance Charges that may be assessed on your
Accoum are as follows; Periodic Finance Charges; Transaction
Finance Charges; Annual Membership Fee Finance Charges; and
Account Opening Fee Finance Charge. Your total Fi.nance Charge
each Billing Cycle i.~ the sum of each rype of Finance Charges.
We calculate Periodic Finance Charges separately ~or Purchases,
Cash Advances and Balance Transfers. To determine the Periodic
Finance Charge we apply the Daily Periodic Rates for Purchases,
Cash Advances and Balance Transfers co the daily balance of
Purchases, Cash Advances and Balance Transfers. The sum of these
daily calculations for each day in the Billing Cycle is [he total
Periodic Finance Charge for the Billing Cycle. The Daily Periodic
Rates for your Account are the corresponding Annual Percentage
Rates [hat 'currently may apply divided by 365.
To determine your daily balance of Purchases, Cash Advances
and Balance Transfers we start with the outstanding balance at the
beginning of the day including any Periodic Finance Charges calcu~
lated on the previous day's balance. add any new Purchases, Cash
Advances and Balance Transfers or other debits fat the day and then
subm.ct any paymems or credits applied co Purchases, Cash
Advances and Balance Transfets dut day. This gives us the separate
daily balances for Purchases, Cash Advances and Balance Transfers.
Purchases, Cash Advances and Balance Transfers are included in
your daily balances as of the later of the transaction date or the
beginning of the Billing Cycle in which they are posted to your
Account.
Periodic Finance Charges fat Purchases. Cash Advances and
Balance Transfers for a day are added to the daily balances of
Purchases, Cash Advances and Balance Transfers at the end of the
day and included in the beginning balances for the next day.
Other Charges, Annual Membership Fee Finance Charges and
Account Opening Fee Finance Charges are added to the daily bal-
ance of Purchases when posted. Transaction Finance Charges are
added to the daily balance of Cash Advances when posted.
for each Cash Advance transaction, including but not limited to
each Convenience Check presented ro us for payment and each Cash
Advance obtained through a financial instimtion or ATM, we may
assess a Transaction Finance Charge equal to 3% of the amount of
the advance. but not less than $5.00. A Transaction Finance 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 COllvenience 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.
NextCard offers optional Rewards Programs and an optional
Picture Card Program. Reter to the Supplemenral Diselosure for
details regarding the Annual Membership Fee for these programs.
In any Billing Cycle in which there is a Finano: Charge, the
minimum Fmance Charge will be $0.50.
G race Period
Purchases, Cash Advances and Balance Transfers accrue Periodic
Finance Charges from the date they are included in your Daily
Balance until paid. However, Periodic Finance Charges ate not
assessed in a Billing Cycle on Purchases if you paid in full the New
Balance, if any. shown on your previous sratement by the Payment
Due Date shown on thar statement or if that New Balance was a zero
or credit balance.
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Other Charges
Your Accuunt also has the following other fees and charges
("Other Charges");
There may be an Annual Fee on your Account. Refer to the
Supplemental Disclosure for details regarding the Annual Fee.
Late Fee: You agree that a late charge of $29.00 will be due and
payable and added to the balance on your Account if you do not
make a payment on your Account equal to or greater than the
Minimum Payment on or before the Payment Due Date.
Overlimit Fee: You agree that in addition to paying any excess
upon demand or as o[herwise provided herein, an ovedimit fee of
529.00 will be due and payable if you exceed your Total Credit Limit
at the end of a Billing Cycle.
Returned Payment Fee; You agree to pay $29.00 for each check,
draft or automatic payment ("Payment Order") issued by you as a
payment on your Account which fails to dear and is returned unsat~
isfied by your financial institution. We may pOSt this charge to your
Account even if we re-present your Payment Order, and even if the
Payment Order is paid upon re-ptesentment.
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 and, at our discretion. we may provide an
additional Card on this Account for use by an individual you autho-
rize ("Authorized Cser"). 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 substitute
Card(s) for YOut use. Cards issued in any of these ways are not sub-
ject to service charges. However, if you have previously requested a
single Replacement Card, we will charge a Card Replacement Fee of
$15 for any additional Card(s) you request. You may also request
rush delivery of any new or Replacement Card(s} for an additional
$19 for overnight delivery.
Default and Immediate Payment
You will be in default and we can require immediate payment of
all amounts you owe if: you provide inaccurate or incomplete infor-
mation when you apply for your Account or thereafter; you fail to
make the minimum payment on your Account by the Payment Due
Date; your New Balance amount exceeds your Credit Limit; your
outstanding Cash Advance Balance exceeds your Cash Advance
Credit Limit, if applicable; you fail to pay your other debts or obliga-
tions; you fail to abide by any term or condition of this Agreement;
we believe, in good faith, that you may not be able to meet the
obligations of rhis Agreement; or, upon your death. You also agree to
notitY us promptly upon any change in name, address or employer.
Termination
We may suspend or terminate your rights to obtain credit at any
rime for any reason. Your obligations under this Agreement will con-
tinue even after your rights to obtain credit have been suspended or
terminated.
Not Secured Credit
Your Account is not secured credit. We have no security interest
in any transaction you make with this Catd, regardless of any other
agreement you may have with us.
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Foreign Currencies
Depending on whether your Card is a Visa or MasterCard, if
you charge a transacrion in a forei~n currency, the transaction will be
convened into a C.S. dollar amount bv Vis;t or tvhs~..:tCtrd based on
thdr operating procedures and regulations. Generally, currency con-
versions arc made using either a go'vernment~mand.lred rate or
wholesale market tate in effect one day prior to the Processing Dare,
increased by one percent. The currency conversion rare in dIect on
the Processing Date may differ from the rate in effect on rhe
Transacrion Date or the Posring Date.
Unauthorized Use
You must contact us immediately at 1-800-556-LOST if your
Card is lost or stolen or if you suspect unaurhorized use of your
Account. We may investigate any cases of unauthorized use of your
Card or Account. If you repon or we suspect unauthorized use of
your Card or Account, we may suspend your credit priyileges until
we resolve the problem to our satisfaction or issue you a new Card.
You agree to sign each Card upon receipt. You agree to safe-
guard the Card, your PIN, which provides access to automated reller
machines, and Password, which provides Interner access, from then.
You agree to keep your PIN and Password confidenrial and separate
from your Card.
if an unauthorized transaction occurs on the Interner or your
Account number is obtail\ed over the Interuet and subsequently used
for unauthorized transactions, you will not be liable for thar rransac-
tion.
Updating Your Account Information
From time ro time, we may obtain updated credit informarion
from a credir reporting agency. You are hereby notified rhat a nega-
rive credit repon reflecting on your credit record may be submitted
to a credit reporting agency if you fail ro fulfill the terms of your
credit obligation. If you believe we have reponed inaccurare informa~
tion about you co a credir bureau, please notifY us at the address
appearing on your statemem.
We may share information regarding our experiences or rransac-
rions with you or your account with others, including merchants and
companies affiliated wi-rh us by common control or ownership (our
"Affiliates"). We may also share additional information regarding you
or your accoum (such as informarion from credit reponing agencies)
with our Mfiliates. You can request that we do nor furnish to our
Affiliares information thar does not relate to our experiences or trans~
actions with you or YOllr account by calling us at 1-888-974-2265.
You can also request that we do not share information abour you for
marketing purposes with unaffi1iated panies by contacting us at 1-
888-974~2265.
Amendments and Assignments
After we provide you any notice required by law, we may change
any part of this Agreement and add, remove Ot altet requiremems. IF
A CHANGE IS MADE TO THIS AGREEMENT, YOU AGREE
THAT, FROM THE EFFECTIVE DATE OF THE CHANGE,
THE NEW TER,\1S, INCLUDING ANY NEW OR INCREASED
Finance Charges, WILL APPLY BOTH TO ANY NEW
CHARGES TO YOUR ACCOUNT AND TO YOUR ENTIRE
OUTSTANDING BALANCE, INCLUDING ITEMS POSTED
TO YOUR ACCOUNT BEFORE THE EFFECTIVE DATE OF
CHANGE. We also reserve the right to review your creditworthiness
from time to time, induding your performance wi[h othe.r cteditors,
and to change rhe terms of your Account based on that review. You
agree that we may assign your Account and any amounts rhat you
owe us to another entity or person at any time, wirh at withour
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notice to you.
Governing Law
This Agreement is governed by rhelaws of the Scate .of Arizom
and by any applicable federal laws no mane: where you ll.ve. Yo.u
agree that any litigation brought by you agal~st us regarding thIS
Account or this Agreement sha~l be brought In a st~re.or federal .
COUrt located in the State of Anzona. If aoy part of rhls Agreement IS
found [Q be invalid, the rest remains effective.
General Information
No delav or failure in enforcing our rights under this Agreemenr
will prejudic~ any of our tights hereunder. If you defaulr, unles~ pro-
hibited by applicable la,,,', we may require you ro pay all collectIon
com, including reasonable anorneys' fees and courr co.srs. Our failure
ro exercise any of our rights when vou defaulr or exercIse other of our
righrs does n~t mean th~t we are u'nable to exercise those righrs upon
later defau\i or orhen.vise.
Payments Marked "Paid In Full"
We may accept letters, checks or orher types of payments show-
ing "payment in full" or using other language to indicare satisfaction
of your debt, wirhour waiving any of our righrs ro receive fuIl pay-
ment under this Agreement. Satisfaction of your debt for less than
the full amount requires a written agreement, signed by one of our
aurhorized employees,
YOUR BILLING RIGHTS, KEEP THIS NOTICE FOR
FUTURE USE
This notice contains important informarion about your rights and
our responsibilities umier the Fair Credit Billing Act.
Notify Us in Cases of Billing Errors or Questions abont Your
Statement. If you think your Scaremenr is wrong, Dr you need more
informarion abour a transaction on your Statement, write us at:
P.O. Box 22086
Tulsa, OK 74121-2086
Write us as soon as possible. We musr hear from you no later than
60 days after we sent YOU rhe first Starement on which rhe error or
probl~m appeared. Yo'u can telephone us, bur doing so will nor pre-
serve your righrs. In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the ettor and explain, if you can, why you believe rhere
is an error. If you need more information, describe the item YOLl
are not sure about.
If you have authorized us to par your credit card bill automatically
from your savings or checking. account, you can srop the paymenr on
an~ amount you think \s.wt\)~g. To stop the payment your letter
mllSt reach us rhree business days before rhe automatic payment is
scheduled ro occur.
Your Rights and Our Responsibilities after We Receive Your
Written Notice. We must ackflowledge your letter wirhin 30 days,
unless we have corrected the error by rhen. Within 90 days, we must
either correcr the error or explain why we believe your Statement wa.~
correcr.
After we recei,,'e your letter, we cannot try to collect any amoum
Page G
you question, Of report you as delinquent. We can continue to bill
you for the amount you quesrion, including Finance Charges, and
we can apply any unpaid amount against your Credit Limit. You do
not have to pay any questioned .lmoum while we are investigating,
but you are still obligated to pay the pans of your Statement that are
nOt in question.
If we find that we made a mistake on your Statemem. you will
not have to pay any Finance Charges related to the questioned
amoum. If we did nor make a mistake, you may have [Q pay Finance
Charges, and you will have ro make up any missed payments on the
questioned amount. In either case, we will send you a statemem of
the amoum you owe and the date that it is due.
If you fail to pay the amoum that we think you owe, we may
report you as delinquent. However, if our explanation does not satis-
fy you and you write IO us within ten days telling us that you still
tefuse to pay, we must tell anyone we report you to that you have a
question about your Statement. And, we must teU you the name of
anyone we reported you ro. We must tell anyone we report you to
that rhe matter has been setrled between us when it finally is.
If we do nor follow these rules, we cannot coHect me first $50
of the questioned amount, eyen if your Sratement was correct.
Special Rule for Credit Card Purchases. If you have a
problem with the quality of property or services mar you purchased
with YOUt Card, and you have tried in good faith to correct the prob-
lem with the merchant, ;'ou may have rhe right not to pay the
remaining amount due on the property Ot services. There are two
limitations on this right:
You must ha\'e made the purchase in your home state or, if not
within your home state, wi(hin 100 miles of your current mail-
ing address; and
The purchase price must have been more man $50.
These limitations do nOt apply if we own or operate the merchant,
or if we mailed you [he advertisement for me property or services.
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Supplemcntal Disclosures to NextCard@AccountAgreemcnt and Disclosure Statement
Purchases
The Aromal Percentage Rate for Purchases is a variable rate. based on the Prime Rate** plus a margin of 0.49% The Annual
Percentage Rate in effect on June I, 2000 was 9.99% (Corresponding Monthly Periodic Rate used in detennining Finance Charges*
is 0.833%1.
Cash Ad\'ances
The Aromal Percentage Rate for Cash Auvancl.:s is a variable rate based on the Prime Rate"'* plus a margin of 14.99%. The Annual
Percentage Rate in effect on June 1,2000 was 24.49% (Corresponding Monthly Periodic Rate used in detel1l1ining your Finance
Chargcs'" is 2.041 %).
Baial1cc Transfers
TIle Annual Perccntage Rate for Balance Transfers is a variable rate. based on the Prime Rate"'* plus a margin of 0.49%. The
Annual Percentage Rate in effect on June 1. 2000 was 9.99% (Corresponding Monthly Periodic Rate used in determining Finance
Charges* is 0.833%).
Credit Limit for Cash Advances
Your initial Credit Limit for Cash Advances is 30% of your Credit Limit. (Example: If your Credit Limit is S 1 ,000, then your Credit
Limit for Cash Advances is $300. If you at:cess the full amount of your Credit Limit for Cash Advances, the total Available Credit on
your Account will be $700).
"'Fina.nce Charges
The Monthly Periodic Rate used to determine Finance Charges may have been determined. in part, on your agreement to complete a
ce;:rtain aggregate amount of Balance Transfers ("Aggregate Amount"). The Aggregate Amount was selected by you as a 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 thar. subject to applicable law. we may increase the Monthly Periodic Rate on your Account, and that new rate will apply to
all outstanding purchases and balance transfers on your Account. If this occurs, we will give you notice of your new Monthly Periodic
Rate.
If payment is received late or the Account goes overlimit. the Annual Percentage Rate on an outstanding purchase and balance
transfer balances. including new purchases and balance transfers on your Account. will be adjusted to a variable rate of Prime Rate*'"
plus a margin of 7.99% effective the first day of the Billing Cycle in which the payment is late. The Annual Percentage Rate in
effect on June I. 2000 was 17.499i: l,Com'sponding Monthly Periodic Rate used in determining Finance Charges* is 1.458%). If
payment is received late twice during any 6-month period. the Annual Percentage Rate on all outstanding purchase and balance
transfer balances, including new purchases and balance transfers on your Account, will be adjusted to a variable rate of Prime Rate**
plus a margin of 11.99% effective [he first day of the Billing Cycle in which the second payment is late. The Annual Percentage
Rate in effect on June 1,2000 was 21.49% (Corresponding Monthly Periodic Rate used in detennining Finance Charges* is
1.791 %). Ifat any time you do not make at least the minimum payment for two consecutive Billing Cycles in the Billing Cycles in
which they are due. the Annual Percentage Rate on all outstanding purchase and balance transfer balances. including new purchases
and balance transfers on your Account. will be adjusted to a variable rate of Prime Rate** plus a margin of 14.99% effective the first
day of the Billing Cycle in which the second payment is missed. The Annual Percentage Rate in effect on June 1. 2000was 24.49%
(Corresponding Monthly Periodic Rate used in determining Finance Charges* is 2.041 %). If you have made all payments when due
and your Account goes overlimit, the AlUlUal Percentage Rate on all outstanding purchase and balance transfer balances, including
new purchases and balance transfers on your Account, will be adjusted to a variable rate of Prime Rate** plus a margin of 7.99%
effective the first day of the Billing Cycle in which the Account goes overlimit. The Annual Percentage Rate in effect on June 1,
1999 was 17.49% (Corresponding MOlIThly Periodic Rate used in determining Finance Charges* is 1.458%).
**Prime Rate
In this Supplemental Disclosure Statement the term "Prime Rate". as used for any Billing Cycle. is the Prime Rate published in the
Money Rate Tables of The Wall Street Journal on the first business day of the calendar month in which the BiUing Cycle begins.
Changes in the Prime Rate will take effect on the first day of your Billing Cycle. If the Prime Rate increases, so will the Monthly
Periodic Rate. your Finance Charges. :lnd your Annual Percentage Rate. If more than one Prime Rate is published, the highest
Prime Rate will be used fOf this calculation. If The Wall Street Journal fails to publish the Prime Rate for the relevant date. we witt use
the Prime Rate published in The New York Times or any other newspaper of national circulation selected by us. The Prime Rate is
merely a reference rate and may not be the lowest rate available.
The Monthly Periodic Rates used in determining Finance Charges and corresponding Annual Percentage Rates may change each
month as the Prime Rate changes. Any increase or decrease in your Monthly Periodic Rates will apply to both the outstanding balance
of your ACl.:ount and all new charges. The Monthly Periodic Rates will continue to vary even if your Account is closed.
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01,/22/2001
12:49
~E)(TCARD INC 9252424709 .. 914128291021
NO,113 0003
x~ 4254970100481448
MCCAADELL,PATRICK M*MCCAROELL,MARIE 6"81 RUSTIC OR**SHIP?ENSSURG*PA*17257.8751*4
254970100481448 01/22/01 14:43
CVRRENT BAL 2650.14 STATVS CODES INT/EXT X/E HOME PHONE 717-530-9006
CR,EDIT LIMn 2400 cYCLE CODE '0 HORK FHmJE 717-691.2100
AVAILA8LE eR 250. PLASTICS # 2 TYPE 33 COLLECiOR CODE 922
LAST PMT AMOUNi 40 LAST MONETARY 10-18-00 S ENTRY DATE 10-16-00
LAST PMT DATE 0$,30-00 OFEN DATE 07-00 WORK DATE 01.24.01
AMOUNT DUE 236 OISPurES 0 00 CTO ACTIVITY 0 0
AMi DELINQUENT 183 OVERLIMIT HISTORY 03 PROMISE AMOUNT
# TIMES 1 CYCLE 0 HISTORY 43CB QA PROMISE OATE
# TIMES 2 CYCLES 0 REAGE 00 DELQ seEN 0215 USER FLAGS
# TIMES 3 CYCLES 2 SCORE: 6H 233 OR SPECIAL FLAGS
, DAYS DELINQUENT 128 CREDIT LINE 07-00 M MIse F T
FIXED PAY AMT 0.00 soe SEe* 198-58-0442 RECOURSE
CROSS REFERENCE 1 0000000000000000 2 0000000000000000 3
00-00-00
V 3
I 4
0033000
FLAG N REL co
0000000000000000
EXHIBIT
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01i23/2001 04:02
PAYNE MYERS
PAGE 11
4128291021
VERIFICATION
L Kathy DeLuca, an employee of Next card Inc., have read the foregoing COMPLAINT and
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 PA. C.S.A. Section 4904,
relating to unsworn falsification to authorities, which provides that if I make knowingly false
statements I may be subject to criminal penalties.
:1<23&1
Date I
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02124 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NEXTCARD INC
VS
MCCARDELL PATRICK M
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MCCARDELL PATRICK M
the
DEFENDANT
, at 0020:10 HOURS, on the 11th day of April
, 2001
at 81 RUSTIC DRIVE
SHIPPENSBURG, PA 17257-8751
by handing to
MARIE MCCARDELL (WIFE)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
12,40
.00
10.00
.00
40,40
so;;~~
R. Thomas Kline
04/12/2001
PAYNE MYERS
Sworn and Subscribed to before By:
me this ;{~"t:.. day of
A.D.
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