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HomeMy WebLinkAbout01-2124 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEXTCARD, INC. ) CIVIL DIVISION - ARBITRATION ) Plaintiff, ) No.' O I-- .21~5f Otto d~ ) 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 ) ) PA YNE MYERS ) Penn Plaza ) Turtle Creek, PA 15145 ) (412) 823-8100 ) ) Firm #393 1N THE COURT OF COMMON PLEAs OF CUMBERLAND NEXTc, RD, INC. ) CIVIL DIVISION Plaintiff, ) v. ) No.. ' ' P TRAT oN ) Code: PATRICK M. MCCARDELL, ) ) Defendant. ) ) NOTICE TO OEFENo in the following pages, you must take act~URT.' ?you W~sh t n.Ot/ce are served, by entering a written on W~thm TWE o defend against . 3th° tuhfeai;°tuondYo°sUo; dt:feenSes or objectiao~Ps~~o .ance personal~TooYrb(20) days after :~;sCda_'rns.set forth Y the coun wi,'- case may ~ro~- - the claims .q ..__. y an attorne . .ornplaint an or relief re,, .... re. out fUnher n,,,:--[-'~ceea Without, .... ~e_t forth again~, .._ Y_and ti/in in ,....:.. d · ~,c~tect b . ,-,-ce tor an .,uu aaa a 'u o~ you. You g -,~tmg YOU SHOUt.,-, ~. . y the plaintiff, x,,_ Y mOney clai,,,..., · J dgment ma _ . are Warned t a ~ _ ._ '~ 1 AK~ ~..-_ · ~ ou rna~, ,- --,~u m th~ Y be enter.~-, . hat '~ ~,A WyEt> ,~.. ~ ~ HIS pApF. n ..,... ~' rose rhone _ "~ COmplai .. -~u against orzt. oW TO ~r~. _ avv'ORD tq~,,. ~'~ WYE~ AT their aghts irn _ . r c a~m · ',~o 0 UT ~, .... "'~ ~c, GO ~'--, - ONCE IF ~'--- portant to .... WHERE yo~ ~,,. ~u OR TELE,,7'~_~' r t JUDo NO~,._ you. v UAN GET----- rHONE THE ,-,.-- ~ HAVE LEtiAL HELP. UVFICE SET Court Administrator 4~ Floor Cumberland County Courthouse Carlisle, PA 17013 7) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEXTCARD, INC. ) CIVIL DIVISION_ ARBIT~TION ) Plaintiff, ) No.- ~,/_ ,,2~,2,t' ~-~.~_ v. ) ) Code: ) PATRICK M. McCARDELL, ) ) Defendant. ) ) ) 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 4254 9701 0048 1448 via the intemet. 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 2 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 Plaintiff's last Statement of Account. A true and correct copy of Plaintiff's 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 Plaintiff's 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 of 24.49% per annum plus costs, fees and any other relief this Court deems proper. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully submitted, PA YNE MYERS~ By: .__ _~~._[ ( Gregory ~.. ,[k'f'tim, E--~quire Pa. I.D. #80886 Attorney for Plaintiff Page I of 1 TU EXP Field Cust Value Value Rep'd Upt'd Value Rep'd Upt ~ Name PATRICK M. PATRICK M ' MCCARDELL MCCARDELL PATRICK M A KA/Nicknamel MCCARDELL PATRICK N MCCARDELL Current Address 81 RUSTIC DR 81 RUSTIC DRE 12/98 81 RUSTIC DR SHIPPENSBURG. PA SHIPPENSBURG, 12/98 07/0C 17257 PA 17257 SHIPPENSB URG, Prev Address PA 17257-8746 625 FOUNDERS 10/98 HALL 1422 BRADLEY 04/98 01/9g SLIPPER y ROCK, DR UNIT C211 PA 16057 CARLISLE, PA Prey Address 2 17013-1266 1422 BRADLEY DR #C LOT 162 LEIBYS 02/98 02/9~ CARLISLE, PA PKWY 17013 CARLISLE, PA Own or Rent Own 17013 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 Home Phone (717) 530-9006 1977 Work Phone (717) 691-2100 Income $33,000 Mother's HENRETTY Maiden Email 12m..c:a_Lr d_¢/_..C_w i n n e r_n_e ~_. _n. ¢~ SCH Name MARIE B. MCCARDELL SCH SSN 204-46-9894 . SCH Email pmcardel @innemet. net . .... .. .. ... EXH! h ttp ://nex tstep/CCApplicationServ let ?c 12/14/00 ~ '"'~'~ [ includesrhec°stt°usoFtheserviceso£ourin_housecounsel. ~ Personal Identification Number Account Agreement and ~frcr your Account ~s opened, we may issue ' Identification Number ("PIN,,~ w ' ' you a Personal Disclosure Statement to obtain Cask aa.._ - ) h~ch you may use with ....... ances on your Account at ~ny your Card ' automated teller General machine in any system or he-york of which we are a member, or to This NextCard~ Account ~reeme~ · · m~e purchases ~t any designated point of sale reach'ne. You ma ["Agreement") contains th~ ~ ~ ..t~nd D~sclosure Star ~ use your Card and PI]N at an automated teller machi NextCar ;~, .... ~erms and condi · ._ ement C~h Advances of up to S300 er , ~ne to obt~ . d V,o~ tot lvl~terC'ard~x ,, .~ons which ~overn -- ' ' ' ny ~ssued by NextBank, N.A., , ~ccount (Account") ~:hich ii°ur L~t. ~or Cash Advances go~ ...~' up to,your available Cr ' Phoenix, AZ. ~l'I-x. (Other ba~Vo'--- ' T .... ~. ~m ne no charge r~..~ · edit · -._t ._ "~ automated t~i/ ..... t. ~ ,~t.me ISSUance This Agreement includes this document and the terms provided r .... ~ ....~ surcharges.) ' er . ~asn .~dvance limits o .......... U'~- ',-acm~es may have low in the S~pplemental Disclosure enclosed with this document and the Disclosdre include's and any amendments thereto. ~bu can access your Account information and Statements . your Account ~nu~ online. In addition, we wil] send or deliver to you a Statement ar the Percent~e ~tes. Ple~e read this Agreement carefulh~ including the section ' on Finite Ch~ge~, and kee ' · end of each billing period ~inte~s °fapproximatelv one month In this Agreement, the word "Card~,~ for your records, called "Billing Cycles") if there is·. ~~~T~~ t~e~%:~ ~f~r t~i~ means the credit card(s) A~~COUnt a deNt or credit balance on o issued to you. The words '~ou," '~our" and '~ours" refer t oF $1 or more, or a b~a · e cco~nt. The words ..~ff~5~,[' ~,ess~d. Upon your renue~ ~ wh'sh a Fin~ce Ch~as re..~ me aate r~e goods or se~ices ,~menr e~ecrromc~ly, n ~ ~* approve, we may dehver Vgur 'fransaction Date'"re ~'~ .~_s~slggees. In addition, th~ Payment purch~ed or the date the C~h Advance made. The words rewas "Posting Dare" refer to the date that the charge w~ debited and/or ' credited to your Account. ~1 Payments must be made in U.S. Dollan and delivered or mailed ro us at the address shown , _. By applying for this Account, you agree to the terms and condi- Minimum Payment Due shown on your Statement by the Payment uons provided in this Agreement, i~cluding the check must be drawn on a on your Statement. Payments by Supplemental . U.S. bank. You must pay at ld~r the Disclosure. %u agree to sign your Card ~ soon ~ }~u receive ir. Due Date - approximately 25 da~ kiabili~ : to avoid delinquen~ I/vo-~ ' s after the Statement Closin' You become bound by this Agreement when you P~ent Due, it will 'fie t~e-~r'paym~nt is more than the ~' ~ Date or wm Oe applied to ~ture ~J~ ~ a~mgle payment and Account. You are also b~und by this Agreement for use your Card payments to amou ...... ~ re,mum raymenu Due w/~ ~ o,. ' the ~se of ~d are not re-,.:-% ' o~ng on your Accoun- :- -' "~ ~ apply your Card or Account number by any person who h~ been given ,~~ you must ua,. u - a manner that reduces th "' euon t uz our sole discr ' · - , ~t~U tO do so IH authori~ by you to use your Card or Account number. If you autho- ?exrC~ onlin, k;~ ~-ayments may ~so be ~- · ~e ~zn~ce nze another person to use your Card, such authofi~ will .... ~u onlme bill payment f~'~' rot a?~ls on using the until such time ~ we have'retrieved . ~xtend N~-a .. ~ .... payment svs~ ~- - -??~ v~a me the Card back. the Card or you have received ~or information refiardin ~,ure, ?. to ~(w. NextC~d.c0 month, see the Su--l~- , ~your Mm~mum Pa .... , m. Using Your Card and Account re cmenr~ Disclosure to th' ]{merit each ~u ~ay me your Card m -urc~- - , Credit Limit .... ~s Account Agreement. your Card is hono~ea w.. _ r, ~z~goons or se~ic ~. ,uu may ootam C g ~a ..... es wherever Your Credit Limit is shown on ~e c~d c~rier with which your ~nancial institutions ~d aurora . ~-, · *u-ances rrna ~, other 5ard. In addition, you may obt~Ste{le[ ~achmes that acce NextCard Visa or M~te~ard w~ delivered and on your Statement. Convenience Chec~ that ~'e m]Y_?~9,AdV~ces by using r~P~ your '/Frov~e to you from ti~ ro time Your Statement will ~so show the . These chec~ may not be used to make payments on this or any ("Credit Available") You a~ree th ~ou~ of credit available ro other account with us. and Balance Transfe]- -- ~* at your Purch ........ you . . ~,u may use,our Account f,r B~an,e Transfers bv whic ~:~~~r~:~~r~~~~ ~3~~~~~::~~5~::s pay off orhe~ credit card ouutandmg b~ance,. Balance ~ransfers ~y ,nclude initial and promotionM offers, h Fn~e~ certain circ;ms~-- Credit Limit changes we ~--~' °5 from the Convenience Chec~ we prov'de, nor for the ' · ~ces we o -m nou~ Limit. ma vou We have no responsibili~ for any re,sM to honor your Card or ~ue Ov the nexr'Pa..~= ' ~ pay at le~r the M:-:- '~ your ~reoir ' ~ 7 however, ~ou a~re .... ~ ~low you to exc-~ --- 'x ,' Card by any financial institution retention ofyour ' · ~vmenr Due Date --mum I'ayment '~or merchant. The total amount of Cas Advance. (including Dyaks · able. withdraw~s f}om ATMs7 · · .' cash-like transactions in.-'-'~' ~ °ggman°n from the C--2 "~vail- Promise to Pay . , ~,uum but n . . ~u ~tsezt. and ~o~e~. orders,/otte~ ti-[-~-- g- ot hmzted to wit ...... ' -, You promise topavthe tot _ toe, yea ....... . ~ , ~ casino ~a-:- - Y , r ~ ets an uansrers ~Ovance · M amount of the Purch~es, C~h i~nared L 7~u['~ ,s S~,vn on your mo~hTmg Ch,ps)you can s and ~alance %ansfers made with your Card or Account. ~ ~ uot 1~ ' · . . Y statements and is des- ~i~l~a~g You q : oral Credit L/m,t for Cash Advances~quot;. p? any ~?nce or other char e · agree not to permit your Unpaid · ' y rs ~ncurre · . g s ~ describe C~h exceed this limit. If you curt Advance b~ance ~ncludi a oy us m enforcm this A re d ' ng re~onable g ~ em arrorne ' ~ ent. limit, you will not ge eli~:e, e~rly exceed, or once you r . tp ys fees and court costs. "Attorneys' fees" v g,o~e for / each tms .our unpaid Cash ad,'a~[~e b~a.~'t'~nd Cash Advancesunt' you ..... s below this limit a. _t. ~.1 may access the amount of the difference be~een your unpaid Page 1 Page 2 Cash Advance balance and your Cash Advance C'redit Limit. You a. gree that we may change v~ur Cash Advance Credit Limit at any nme, and we will notif3, you of any such change· Other Charges FINANCE CHARGES Your Account also has the £ol/owing other Fees and charges ]'he types o£ Finance Charges that may be assessed on your There may be an Annual Fee on your Account. Refer to the · ("Other Charges";: Account are as fbllows: Periodic Finance CJ~arges- 'Ii'ansaction Account Opening Fee Finance Charge. Your total 'Finance Charge Supplemental Disclosure for Sc each Billing Cycle is the sum of each type of Finance Charges. ' in_g the Annual Fee We calculate Periodic Financ ,' ... payable and added to the balance on your Account if you do not Cash Advanc · d n~ .... :,e Ch__arges separatel5 for P make a payment on your Account equal to or greater than the es an,~ ~al. ll r Ur ce ~ransters -r,, ./ ...... ,- ~ chases, Minimum Payment ~n or before the Payment Due Date. Finance Charu, e w ....... ' ..... ermine me Periodic ~ ,: appw tnt Daily p 'odic Rares fbr Purchases Overlimit Fee: You ay. ret that in addition to paving any excess Purchases, Cash Advances and Balan upon demand or as other,~'ise provided herein, an o('erlimit fee of' Cash Advances and Baiar~ce Transfer enthe daily balance of ' ' 529.00 will be due and payable if you exceed your Total Credit Limit ScJ~Fransfers: The sum of these at the end ora Billing Cycie. daily calculations for each day in the ' · · _PeriOdic Finance Charee £or'tu ..... Bdl~g .Cycle is the total Rates for your Accoun~re the'~_~_ mmng tT.Ycle. The Daily Periodic Returned Payment Fee: You agree to pay S29.00 for each check, corresp ndmg Annual Percentage draft or automati~ payment ("Payment rddr") issued by you Rates that Currendv may apply dividec~°b . To determine your'daily l~aian,-o ~c g 36,). payment on your Acc'ount which' fails toOclear and is returned asa isfied by your financial institution. We may -DSt" ' unsat- and Balance Transfers we start with the Account even if we re-present your Payment Order, and even if the .... · vurcnases, Cash Advances .beginning of the day outstanding balance at the . 1-' tins charge to your including any Periodic Finance Chafers calc' Payment Order is paid upon r~-presen'tme . ' lated on the previot~s day's balance, add any new Purchases,aCash ~- . Returned Check. Fee: You agree to payn;29.00 fbr each conve- Advances and Balance T~ansfers or other ddbits for the day and then mence check we dechne to honor. We may post th~s charge to your subtract any payments or credits appl'ed Account for each occurrence. Advances and lJalance Transfers that ~ to Purchases. Cash daily balances for Purchases, Cash Advances and Balance Transfers. · ay. This gives us the separate Authorized Users YOti 111a- re ' Purchases, Cash Advances and Balance Transfers are included in additlona ~,.a .... a_: . .. ret/on, we may provide an · y quest and, at our disc ' your daily balances as of the later of the transaction date or the . ' 1 C ...... ms ;tccount ~or use by an individual you autho- beginnin~ of the Billing Cycle in which they are posted to your new Card ("Replacement c'~.a,,~ ~,- ake a single request for a Account. · nze ("Authorized User"). You may also .... ~ mr you or an Authorized User on Periodic Finance Charges for this Account. In addition, we may periodically send o Balance Transfers for a day are Purchases, Cash Advances and Card(s) for your use Car .... .i :_ __ ,; y u subsntute added to the daily balances of · · . ' Purchases, Cash Advances' and Balance Transfers' at the end of the · ds is ...... any or tnese ways are not sub- day and included in the beginnin b I.ect,to.,se~ce charges. However, if VD Other Chain a ......... ,g ai_ances for the next d single ~er~lace n~ c'~.a ..... r u have_prevm~lv re uts ors,. ~,,,uau w~emt~ersnin ,~, r: .... ' ay. , me ~ ,...,,:txu, we Will cnarre a C.,-a n ,. q ted a r re,. -'mamce t. tmrges and e, ,,,u txep~acement Fee of Accoun_t Opening Fee Finance Charges are added to the daily bal rush delivery of any new or Rer~laceme Card(s) fo~' ance of Purchases when posted Trans ·_ 515 for any additional Card(s) you request. You may a/so request added to · · acnon Finance Char es are $19 for overnight ~teliver~: ' nt an additional For each. C~h Advance transaction, including but not limited to You will be in default and we can require immediate payment of the dadv balance of Cash Advances when posted,g Default and Immediate Payment each Convenience Check presented to us for payment and each Cash Advance obtained through a financial institutiofi or ATM, we may the advance, but not less than 55.00. all .amounts you owe if~ you provide in assess a 'Ii'ansaction Finance Charge equal rD 3% of the amount of mm3~:~h~Vhe.n .you apply, for your Accour]~CoU;~eer°, r ~nc°mplere infor- · ' · A Transaction Finance Charge ,.., mm~mum payment on you- ~ ,eat. ter; you fail to ~s lnc_luded m the caiculanon of the Annual Percent ~on your Statement: therefore c.. ........... age Rate shown taate your n,~...L ~__ . · ~,ccount Dy the Payment Due h ..... cc or usea a Convenience Check t ;. New ..... ~ ~nount exceeds your Credit Limit; your ........ outstanding Cash Advance Balance exceeds your Cash Advance nave clrawn a Cas a,4 ....... y ~mng C.;)cie in which t~eou Credit Limit, if applicable; you fail to pay your other debts obliga- Annual Percentage Rate that will appear on your Statement may be ' or higher than the Annual Percentage Rate described in the disclosures riots;you fail to abide by ahv term or condition of this A reeme · provided to you. ~ffl:~!i~~r~frngthZ~ !~;:etehdeh:tt: .~ Uu~oa~ ~oO tn rb ~ :abt~e t~' · ~ ' . · 'i :" NextCard offers optional Rewar me~ ' the nt ~P~ct.u, re Card Program. Rel'~r to the sdus--P'r°grams, a_nd an optional . P ptlv upon any Cha~,,e i-' ,,. ou also agree to uetans regardin,, the An- , ~, , .Pp~emental Disclosure · · ~ n name, aac~ress or employer. In · -~ nuaa w~emt~ershi Fe for · any Bdhn~ ~ ; .... u:_t. _~ P. e,...f'or these programs. Termination - o Q'cle ....... - mere zs a Vmance Charge, the We may suspend or terminate your rights to obtain credit at any mtmmum Finance Charge will be $0.50. time for any reason. Your obligatior~s under this Agreement will con- Grace Period . tinue even after your rights to obtain credit have been suspended or Purchases, Cash Advances and Balance Transfers accrue Periodic terminated. Finance Charges from the date they are included in your Daily Not: Secured Credit Balance until paid. However, Periodic Finance Char{~e$ are not in any transaction you assessed in a Billing Cycle on Purch s if you paid in full the New .... etatement by the Payment Your Account is not secured credit. We have no security interest Due Date shov, n on that statement o · make with this Card, regardless of any other or rUff agreement you ma~, have with us. Balance d' any.shoran on your nrev Sh,~ ~,r_ ,-; ,~o credit balance ' · t .... , ,~w oalance was a zero Page 3 ._ Page 4 .... Foreign Currencies notice to you. Depending on whether your Card is a Visa or Xtaster(;artl, il" w)u charge a transaction in a fbrcign currency, the transaction ~vill be Governing Law ~:onverted into a U.S. dollar amount bv Visa or MasterCard based on This Agreement is governed bt' the laws of the State of' Arizona their operating procedures and regt, latlons. Gcncrallv. ct, rrency con- and by any applicable federal laws no matter where you live. You versions are made using either a government-mandated rate or agree 'that any litigation brought by you against us regarding this wholesale market rate in effect one day prior to the Processing Date, Account or t~is Agreement shall be l~rought in a state or fiederal increased by one percent. '['he currency conversion rate in effect on court located in the State of Arizona. If any part of this Agreement is the Processlng Date may differ from ti~e rate in effect on thc found to be invalid, the rest remains effective. Transaction Date or the Posting Date. General Information Unauthorized Use No delay or failure in enforcing our rights under this Agreement You must contact us immediately at 1-800-556-t. OST if your will prejudice: any of our rights hereunder. If you default, unless pro- Card is lost or stolen or if you suspect unauthorized use of your hibited by applic~able law. we ma,,' require you to pay all collection · , Account. We may investigate any cases of unauthorized use of your costs, including reasonable attorneys' fees and court costs. Our failure Card or Account. If you report or we suspect unauthorized use of to exercise any. of our rights when you default or exercise other of our · your Card or Account, we may suspend your credit privileges until rights does not mean that we are unable to exercise those rights upou · we resolve the problem to our satisfaction or issue you a new Card. later default or otherwise. You agree to sign each Card upon receipt. You agree to safe- guard the Card. your PIN, which provides access to automated teller Payments Marked "Paid In Full" machines, and P~ssword, which provides Internet access, from theft. We may accept letters, checks or other types of payments show- You agree to keep your PIN and Password confidential and separate lng "payment in full" or using other language to indicate satisfaction from your Card. of your debt, without waiving any of our rights to receive full pay- . I'f an unauthorized transaction occurs on the lnternet or your ment under this Agreement. Satisfaction of your debt for less than Account number is obtained over the Internet and subsequen{ly used the full amount requires a written agreement, signed by one of our for unauthorized transactions, you will not be liable for that transac- authorized employees. tion. YOUR BILLING RIGHTS: KEEP THIS NOTICE FOR Updating Your Account Information FUTURE USE From time to time, we may obtain updated credit information from a credit reporting agency. You are hereby notified that a nega- This notice contains important information about your rights and rive credit report reflecting on your credit record may be submitted our responsibilities under the Fair Credit Billing Act. to a credit reporting agency, if you tail to fulfill the terms of your credit obligation. If you. believe we have reported inaccurate informa- Notify Us in Cases of BlUing Errors or Questions about Your tion about you to a credit bureau, please notifi,, us at the address Statement. If you think your Statement is wrong, or you need more appearing on your statement, information about a transaction on your Statement, write us at: We may share ini'brmation regarding our experiences or transac- P.O. Box 22086 tions with you or your account with others, including merchants and Tulsa, OK 741_1-_086" ' companies affiliated with us by common control or ownership (our "Affiliates"). We may also share additional information regarding you Write us as soon as possible. We must hear from you no later than . or ,,'our account (such as information from credit reporting agencies) 60 days after we sent you the first Statement on which the error or wi~h our Affiliates. You can request that we do not furnish to our problem appeared. You can telephone us, but doing so will not pre- Affiliates information that does not relate to our experiences or trans- serve your rights. In your letter, give us the following information: actions with you or your account by calling us at 1-888-974-2265. · Your name and account number. You can also request' that we do not share information about you for marketing purposes with unaffiliated parties by contacting us at 1- · The dollar amount of the suspected error. 888-974-2265. · Describe the error and explain, if you can, why you believe there is an error. If you need more info,:marion, describe the item you Amendments and Assignments are not sure a~out. Al'~er we provide you any notice required by law. we may change anv part of this Agreement and add, remove or alter requirements. IF If you have authorized us to pay your credit card bill automatically A iZHANGE IS MADE TO THIS AGREEMEN'I; YOU AGREE fr~m your savings or checking account, you can stop the payment on THAT, FROM THE EFFECTIVE DATE OF THE CHANGE, any amount you think is wrong. To stop the payment your letter THE NEW TERMS, INCLUDING ANY NEW OR INCREASED must reach t,s three business days before the automatic payment is Finance Charges, WILL APPLY BOTH TO ANY NEW scheduled to occur. CHARGES TO YOUR ACCOUNT AND 'FO YOUR ENTlRE OUTSTANDING BALANCE, INCLUDING ITEMS POSTED TO YOUR ACCOUNT BEFORE THE EFFECTIVE DATE OF Your Rights and Our Responsibilities after We Receive Your CHANGE. We also reserve the right to review 3'our credinvorthiness Written Notice. We must acknowledge your letter within 30 days, from time to time, including your performance with other creditors, unless we have corrected the error bv then. Within 90 days, we must and to change the terms of your Account based on that review. You either correct the error or explain why we believe your Statement was agree that ~ve may assign your Account and any amounts that you correct. owe us to another entity' or person at any time, with or without After we receive your letter, we cannot try to collect any amount Page 5 Page 6 you question, or report ?-ou as delinquent. We can continue to bill you for thc amount you question, including Finance Charges, and we can apply an?' un'paid amount a,,ainst your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still ogligated to pay the parts of your Statement that are : not ~n question. If we find that we made a mistake on your Statement. you will not have to pa5' any Finance Charges related to the questic~ned 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 the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pa;,' the amount that we think you owe, we may report ~rou as delinquent. However, if our explanation does not satis- fy you and you write to us within ten days telling us that you still r'ef:use to pay, we must tell anyone we report you to that you have a question about your Statement. And, we must tell you tl~e name of · anyone we repo'rted you to. We must tell anyone we report you to that the matter has geen settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your Statement was correct. Special Rule for Credit Card Purchases. If you have a problem with the qualit3.' of property, or services that you purchased with your Card. and you have tried in good faith to correct the prob- lem ~ith the merchant, you may have the right not to pay the . remaining amount due on the property or services. There are two limitations on this right: · You must have made the purchase in your home state or, if not within your home state, within 100 r~iles of your current mail- ing address; and · The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Page 8 Page 7 Supplemental Disclosures to NextCard~SAccount Agreement and Disclosure Statement Purchases The Annual 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 l, 2000 was 9.99% (Correspondine Monthly Periodic Rate used in determinin~ Finance Charges* is 0.833%'1. Cash Advances The Annual Percentage Rate for Cash Advances is a variable rate based on the Prime Rate"* plus a margin of 14.99%. The Annual Percentage Rate in effect on June l, 2000 was 24.49% (Con'espondino Monthly Periodic Rate used in determining, your Finance Charges* is 2.041%). Balance Transfers The Annual Percentage 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 determinine Finance Charges* is 0.833%). Credit Lin~t 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 tbr 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 Periodic Rate used to determine Finance Charges may have been determined, in part, on your a~eement to complete a certain 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 Ag~egate Amount. you understand and agree that. 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 th'is occurs, we will give you notice of )'our new Monthly Periodic Rate. If payment is received late or the Account eoes overlimit, the Annual Percentage Rate on all outstanding purchase and balance transfer balances, including new purchase~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 clay of the Billing Cycle in which the payment is late. The Annual Percentage Rate in effect on June 1. 2000 was 17.49% tCorresponding 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 the fit'st 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 determining Finance Charges* is 1.791%). If at 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 outstandin~ purchase and balance transfer balances, including new purchases and balance transfers on your Account. will be adjusted to a variabl~ 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 !. 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 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 mar~n of 7.99% effective the first day of the Billin..e Cycle in which the Account goes overlimit. The Ammal Percentage Rate in effect on June 1, 1999 was 17.49% (Correspondin]M~mthly 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 Billing 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. and your Annual Percentage Rate. If more than one Prime Rate is published, the highest Prime Rate will be used for this calculation. If The Wall Street Journal fails to publish the Prime Rate for the relevant date. we will 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 bt: the lowest rate available. The Monthly Periodic Rates us'ed 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 Account and all new charges. 'The Monthly Periodic Rates will continue to vary even if your Account is closed. 35825 XZ 42549701 00481448 MCCARDELL,.~ATR[CK M*MCCARDELL,MARIE B'8! RUSTIC DR'W*SH!P=ENS~URG'-pA*17257. 8751,,4 254970; 00481448 01/22/01 14:43 CURRENT BAL 2650.14 STATUS CODES [NT/EXT X/E HOHE PHONE 717- 530 - 90~6 CR. ED[T L~HIT 2400 CYCLE CODE ! 0 HORK PHONE 71 7-691 --2100 AVAILABLE CR 250- PLA.ST[CS # 2 TYPE 33 COLLECTOR CODE 922 LAST PMT AMOUNT 40 LAST MONETARY 10- 18-00 S ENTRY DATE 10- 16- O0 LAST PMT DATE 0~-30-00 OPEN DATE 07-00 ~ORK DATE 01-24-01 AMOUNT DUE 236 DISPUTES 0 O0 CTC) ACTIVITY 0 0 AMT DEL~NGUENT 183 OVERLIMIT HISTORY 03 PROMISE AMOUNT # TIMES 1 CYCLE O HISTORY 43C~ QA PROMISE DATE O0-O0-O0 # TIMES 2 CYCLES 0 REAGE O0 DEL~ $CEN 0215 USER FLAGS V 3 # T~MES 3 CYCLES 2 SCORE: BH 233 OR SPEC[AL FLAGS I 4 ~ DAYS DELINQUENT 125 CREDIT LINE 07-00 M MISC F T 0033000 FIXED PAY AMT 0.00 $0C SEC# 198,,58-0442 RECOURSE FLAG N REL CD CROSS REFERENCE 1 O000OO000OO00000 2 O000000OO0000000 3 0000000000000000 EXHIBIT 01/23/2001 04' 02 4128291021 PAYHE MYERS PA6E 11 ,. VERIFICATION _._ I, Kathy DeLuca, an employee of Ne~card Inc., have read the foregoing COMPLAINT and verify tha~ 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 unswom falsification to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. 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 llth 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- So Answers- Docketing 18.00 ~~~~ Service 12.40 Af f i davit .00 · Surcharge 10.00 R. Thomas Kline .00 40.40 04/12/2001 PAYNE MYERS Sworn and Subscribed to before By- - me this ~6q~ day of I o A.D.