HomeMy WebLinkAbout11-3780WELTMAN, WEINBERG & REIS CO., L.P.A.
Attorney for Plaintiff(s)
BY: James C. Warmbrodt, Esquire
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 8692361
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ER N D COURV
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
SUCCESSOR TO NATIONAL CITY BANK
Plaintiff
vs.
MARK A MCCLEEREY
KYN A MCCLEEREY
Defendant(s)
11.3786 Civil
Civil Action No.
COMPLAINT AND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
a
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COMPLAINT
1. Plaintiff is a corporation with offices in ONE FINANCIAL PARKWAY KALAMAZOO,
MI 49009.
2. Defendant, is an adult individual residing at 1169 CROSS CREEK DRIVE
MECHANICSBURG, PA 17050.
3. Defendant, is an adult individual residing at 1169 CROSS CREEK DRIVE
MECHANICSBURG, PA 17050.
4. Defendants applied for and received a credit card bearing the account number
XXXXXXXXXXXX9297.
5. Defendants made use of said credit card and currently has a balance due and owing to
Plaintiff, as of March 9, 2011, in the amount of $5,684.35. A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
6. Plaintiff is the successor in interest to National City Bank.
7. Defendants are in default of the terms of the cardholder Agreement having not made
monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable.
8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed
and/or refused to pay the principal balance, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, MARK A
MCCLEEREY AND KYN A MCCLEEREY jointly and severally, in the amount of $5,684.35 with
continuing finance charges thereon at the statutory rate of 6.00% per annum from the Date of Judgment,
plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C armbrodt, Esquire
PA' .D. 524
Weltm n, emberg & Reis, CO L.P.A
1400 op rs Building
436 S ve h Avenue
Pitts , PA 15219
(412 4 4-7955
:8692361
(3). PNC BANK
MARK A MCCLEEREY, your account is past due. Visit
pnc.com/options where we may have payment options for
you, or call 1 800 544 3623 ext 34655.
•
Previous balance $5,684.35
Payment received $0.00
Purchases $0.00
Credits $5,684.35
Cash advances $0.00
Fees charged $0.00
Interest charged $0.00
New balance $0.00
® Minimum payment 50.00
0 Due date 09/01/10
Total credit limit $5,000.00
Total available Credit $0
Cash advance available credit $0
Days in billing cycle 5
FyMI$IT
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Credit card
Account # XXXX XXXX XXXX 9297
Statement closing date 08131/10
Questions?
pnc.com
1 800 544 3623
Your payment intorn-?x?cn
New balance $0.00
® Minimum payment $0.00
A Due date 09/01/10
Late Payment Warning: If we do not receive
your minimum payment by the above date, you
may have to pay up to a $35 late fee and your
APRs may be increased up to the Penalty APR of
28.99%,
Minimum Payment Warning: If you make
only the minimum payment each period, you
will pay more in interest and it will take you
longer to pay off your balance. For example:
5170 WUG 001 5 2 100831 0 Z X PAGE 1 o13 1 0 4215 0000 COFF OA5170CD
____ --------------
'P PLEASE FOLD & TEAR HERE ?'
(D PNCBANK Account # XXXX XXXX XXXX 9297
PO BOX 3429 New balance $0.00
PITTSBURGH PA 15230 3429
® Minimum payment $0.00
0 Due date 09101/10
Credit card ? check here if imWre!K ndicated phone or a mail
changes are indicated on reverse side
92970000000000000003250000000000007 PAYMENTENCLOSED
F-F-7, F7
Make check payable to: MARK A MCCLEEREY
KYN A MCCLEEREY
PNC BANK 1169 CROSS CREEK DR
PO BOX 856177 MECHANICSBURG PA 17050 2019
LOUISVILLE KY 40285 6177
86Ii?1O?(IiII'''Obt?lpl,n,??,Iul,h,,I??IIh11„?I,h,?pl,l? ?IIII?uII?HgIPllllhl??lhlhl?i1,11?u?,hllllll??,l,yln?l
L 4 4 8 L _am 297L 001
if you would like information about credit
counseling services, call 1 866 214 0934.
lhrms and Conditions
Cracking of Payments Payments received by us at P.O. Box 856177, Louisville, KY 40285-
6177 by 5:00 PM Eastern Time, will be credited as of that day. Payments received after 5:00 P.M.
Eastern Time, wd be credited as of the following day. Do not send cash. The bottom potion of this
statement must acocimparvy your payment and be inserted in the envelope prwided.The payment
address must be plat in the window of the envelope Do not fold check or bottom portion of this
statement. Paper dips, staples, tape, or other correspondence should not be included with your
payment. I you fail to follow these payment mstruclions, the crediting of such payment to you
account may be delayed up to 5 days.
Important in fat in ore about Credit Availabiky: In order to ensure there s enough
time for a payment to clear the account on which n is drat n, we may not make the payment
amount available to re-borrow for a period of 10 or 14 days depe di on t he amount of the
paymentand other factors. Even 6 the payment amount is not available immediately, the
payment will be credited on receipt 4 received as provided in the section calked C rediting of
Payments above.
Notice To Customers Payingg by Check: When you make a payment with a personal
check, you authorize unto use information from your check to make a one-time electronic
transfer from ?rou amount or to process the payment as a check hansaction. This means your
account could be debited as early as the same day the payment is received. Your checkwill no
larger be sent to yyoour bank for processing. It will be destroyed and a copy will be retained
Therefore, youwilnolorgerreceivetheoriginator acobaofyourcheckbackfromyour bank.
Also, the way in which the transaction appears on your nk statement will charge. You
statement will now stow a line item for an electronic entry initialed by PNC Bank,ard will include
the check number payee and the check amount R you have questions regarding the conversion of
your paymentio aneleanonic transfer you may call 1-866622-4257.Othevnise,for al other
Customer Service issues, please refer to the till free number on the front of this statement.
Conditional Payments: Any payment you send to us for less than the full balance masked
with the wads Pad in FJI or similar language, must be sent to Customer Service, P.O. Box 3429,
Pittsburgh, PA 15230.3429. We may refuse to accept such payments. If your payment is made to
arty other address, we may accept the payment without losing any of our i is All other payments
should be sou to the payment address printed on the reminarxe portion of the stalemert.
I. nst m Stden Cards: You must immediately relion lost or stolen cads by calirg the Customer
Service number on the front at Ine statement.
minimum krtarest C : H you are charged blerest, the charge will be w less Ihan $1.50. d
you have a PSEA acmunl, arh e' charged interest, the charge will be no less than $0.50.
Variable APRs: APRs on your account that are variable will vary with the market based on 1 he
prime rate.
How to Avoid Paying Interest on Purchases: We will charge iriteiest on purchases from
the date of each transaction. Interest will continue to be imposed until the date paymern in full of the
New Balance is posted to your account. You may avoid interest on new purchases appearing on you
current statement if you paid in full the New Balance shown on you previous statement ardyoui
payment was received by that due date
Now We Calculaft Your Balance for Purchases: We use a method called average daily
balance (including new purchases). The following description is how we calculate the interest on
purchases:
(1) We start with the unpaid amount of pu(chasesfor the current billing cycle, which may include
unpaid interest and fees from previous billing fides.
(2) Each day we subtract any payments or credits that apply to purchases. Then we add any new
Purchases, any new fees that app to purchases, and any interest on the previous days purchase
balance it you have rot pad in fIthe New Balance on your previous statement by that due date. This
ggives is the daily balance of purchases
(3)Then we add up all the daily balancesof purchases for the billing yen divide by the total
number of days in the billing cycle. This gives us the average daily bit purchases for the
curent billing cycle.
Now We Calculate Your Balance for Cash AdvwKes:We use the avenge dailybaaarce
of cash adrnces to calculate interest on rash advances. The following description is how we cakuale
the average daily balance of cash advances:
(1)We start with the unpaid amount of cash advances, which may include unpaid interest and fees
from previous billing cycles.
(2) Each day we subtract any payments or credits that apply to cash advances. Then we add any rew
cash advances, any new fees that apPiy to cash advances, ard any interest on the previous days cash
advance balance. This gives us the daily balance of cash advances.
(3) Then we add up altlhe daily balances of cash advances for the billing cycle and divide by the total
somber of days in the biding cycle. This gives usthe are rage daily balance of cash advances
There is no grace period for cash advances.
Now We Calculate Your Balance for Balance Transfers: We will charge interest on each
balance transfer from the date the balance transfer posts to your account, Unless you are fecevi g a
VVromotional or introductory balance tranderAPR balance transfeisare included in the average daily
Ealance (including new purchases) Please see the section above culled How We Calculate Your
Balance for Purchases for detailed information on how we will figure interest on balance transfers.
Pk ase note, howeve4thal there is no grace period for balance transfers. If a promotional or
irtrodwory balance transfer APR applies to yyaarrr account, we use the average daily balance of
balancetransfers a calculate nserest on baarce transfers. The following description is how we
calculate the average daily balance of balance liansfers:
(1)We start with the unpaid amount of balance transfers which may include unpaid interest and fees
from previous billing, clicks.
(2) Each day we suract any pa nls or credits that apply to balance transfers. Then we add any
new balance transfers, any new ees that apply to balance transfers, and any interest on the previous
daayys balance transfer balance. Thisgves us the daily balance of balance transfers.
(3)Then we add up al the clailif balances of balance tiarnsfersfoi the biting cycle and divide by the
total number of days in the billing cycle. ThsgNes us the average daffy balanced balance transfers.
There is no grace period for balance transfers
How We Calculate Interest on Your Account Interest on your account nwf be determined
by (t) mJtip ying each of the average lily balances by the number of days in the billing cycle, (2)
mu iplying each of the results by the applicable daily periodic rate, and (3 adding each of these
products together.
Penalty APR and When k Applies: The Penally APR is set forth on the first page of your
statement in ihe sea ion called Late PaymentWanirg. This APR will vary with the market based on
t he prime rate and may be applied to your acco unt if you make a late payment. I your APRs are
increased for this reason, the Penalty APR will apply until you make six consecutive minimum
payments when due.
Loss of Introductory APR: We may end arty introductory APR and apply the Penalty APR if you
make a late payment.
Amual Fee Renewal Notice: d your credit card agreement provides for an annual fee, the
annual fee will be billed on your credit card statement annually. You will have 30 days from the date
that the statement including the annual fee is mailed to you n which to terminate your credit card
and have your account credited for the fee d you decide to terminate your card, you may continue to
use your account during the 30 day period After that, you may not make any further purchases or
cash advances on your account. The terms of this notice do not ap to business amounts. d your
credit card agreement provides for an annual fee, pal nmonthinstallments. anannual renewal
notice will W provided on your credit cad statement annually You will have 30 days from the dale
that the statement containing the annual renewal notice is mailed to you in which to terminate your
credit card and have your account credited for the monthly fee appeartg on the statement. d you
decide to terminate your card,you may continue to use your amour( during the 30 day pe riod.After
t hat,you may not make any further purchases or cash advarkrs on your amount. If you decide to
terminate your credit card after the 30 day period, your account will be charged for the full annual
fee. The terms of this notice do not apply to business acmunts
Mairrtim-nce Fee Renewal Notice:I yourci it card agreement provides for a maintenance
fee payable n monthly instalments you will have 30 days from the date each statement is mailed to
you m which to terminate your credit had and pay the bJance n f cell to bare lyiar account credited
for the fee appeanng on that statement. Afkr that, you may not make arryryfudher purchases or cash
advances on yyoour account. if you decide to termnae your cre dit card without paying the balance in
full, you w ll be draroed the maintenarre fee for each statement until the balance is paid in full. The
terms d this notice do not apply Io business accounts.
Credit Balances: If your statement shows a credit balance of $1.00 or more, you may request a
refund by sending your request to us at P.O. Box 3429, Pittsburgh, PA 15230.3429.
What To fro if You Think You Find A Miiaii On Your statement
If you think there is an error on your statement, wrAe to us at PNC Bank, PO Box 3429, Pittsburgh,
PA 15230 3429
In you letter, give us the following information:
Accourtinbnne6mn Your name and account number.
Doisrarraurt: The dollar amount of the suspected error.
Dew4dion of Problem: If you think. there is an error on your bill, describe what you believe is
wrong and why you believe t is a mistake.
You must contact us wit hm 60 days after l he error appeared on you stale ne nt
You must notify us of arty potential errors in wirkig. You may ca llus, but I you do we are not
required to investigate any potential errors and you may have to pay the amount inquest ion.
While we investigate whether or not there has been an error, the following ore hue:
We cannot try to collect the amount in question, or report you as deknquenl on that amount.
The charge in question may remain on your staemere, and we may continue to charge you
interest on that amours. Bu, if we determine that we made a mstake,youwill not have to
pay the amount in question or any interest or other fees related to that amount.
While you do not have to pay, the amount in question, you are responsible for the remainder
of your balance.
We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dssatu(ied with the goods or sevices that you have purchased with your credit card, and
you have tried in good faith to correct the problem with the merchant, you may have the right not to
pay the remaining amours due on the purchase.
To use this right, all of the folkvring must be true:
1. The purchase must haw been made in your home state or wit hin 100 miles of you current
mailing address, and the purchase price must have been more than $50. (Note: Neither of these
are necessary d your purc ha se was based on an adve nisement we mailed to you, or I we own the
company that sold yyoo u the goods or se vices.)
2 You must have usedyoui credit cad for the purchase. Purchases made with rash advances from
an ATM or with a chick that amessesyour credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied wit h the pudhase, contact us in writing
at: PNC Bank PO Box 3429, Pttsburgh, PA 15230-3429.
While we irwestigate, the same roles apply to the disputed amount as discussed above. After we
finish our investigation, we will tell you our decision. At Ihat point, if we Ihink you owe an amount
and you do not pay we may report you as dehnquem.
IMPORTANT NOTICE
We maayy capon into a ul your amount to credit bureaus Late payments, missed payments, or
other defauks on your xtount may he reflected in your credit report.
This 6 an attempt to collect a debt and any information obtained will be used for that purpose.
OA5170C D 13 06/21/2010
q +,. ,y : It,
Moving? Change your account information online at pnc.com or provide your new information below.
Also, please check the box on the front of the payment stub to ensure prompt handling.
Street address
city
State
ZIP
86?t phone
Cell phone
Account # XXXX XXXX XXXX 9297
O PNCBANK Statement closing date 08/31110
•
'
POST DATE REFERENCE NUMBER
TRANS DATE DESCRIPTION AMOUNT
0801 08/31 F42150OL300999990 CHARGE OFF ACCOUNT PRINCIPALS $4,763.87
08/31 08/31 F42150OL300999990 CHARGE OFF ACCOUNT 'FINANCE CHARGES, 920.48
Fees
TOTAL FEES FOR THIS PERIOD $0.00
interest Char ed
08/31 0831 Interest Charge on Purchases 0.00
08/31 08/31 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD $0.00
ANNUAL DAILY DAYS
TYPE OF PERCENTAGE PERIODIC RATE IN BILLING BALANCE SUBJECT
BALANCE RATE (APR) (MAY VARY) CYCLE TO INTEREST RATE
Purchases 25.74% 0.07052% 5 $0.00
Cash advances 25.74% 0.07052% 5 $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
M: Variable Rate
2010 To?,Jis Y.?.ir to Date
Total fees charged in 2010 $220.00
Total interest charged in 2010 $700.48
8692361
5170 WUG 001 5 2 100831 0 Z X PAGE 2 or 3
10 4215 0000 COFF OA51TOG0
INTEREST
CHARGE
$0.00
$0.00
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904
relating
en Scimeca
to unworn falsifications to authorities, that he/she is (NAME)
ANN All. of FW B" , plaintiff
(TITLE) (COMPANY)
herein, that he/she is duly authorized to make this verification, and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his/her
knowledge, information and belief.
4GLN?'ATURE)-
WWR# 8692361
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OPF ; F -. .Iq,?7
-OFFICE
: F TI-ELP. OTHONOTARY
20!11 APR 25 AM 10: 11
CUMBERLAND COUNT`;`
PENNSYLVANIA
PNC Bank, NA
vs.
Mark A. McCleerey (et al.)
Case Number
2011-3780
SHERIFF'S RETURN OF SERVICE
04/19/2011 06:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
19, 2011 at 1816 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Mark A. McCleerey, by making known unto Kim McCleerey, Wife of Defendant at 1169
Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the
same time handing to her personally the said true and correct copy of th same.
AA 0j-4-
4=9 0:
A _r5HALr, DEPUTY
04/19/2011 06:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
19, 2011 at 1816 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kyn A. McCleerey now known as Kim A. McCleerey, by making known unto herself
personally, at 1169 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its
contents and at the same time handing to her personally the said true a d correct copy of the same.
4%k,,W?,K
A ,ZHAWN-WTS HALL, PUTY
SHERIFF COST: $54.00
April 20, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci GountySuite Shertt. Ieiecseft inc
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz„ Esquire Attorney for Plaintiff(s)
I.D. No. 86469
436 Seventh Avenue 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
n
Fax: (412) 338-7130 .n3
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File # 8692361 SEE/ABR irn 9 M--n
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C) 7
PNC BANK, N.A. CUMBERLAND County ?C) z. o-n
SUCCESSOR TO NATIONAL CITY BANK Court of Common Pleas xa z
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D2
:' Q rn
...irrt
vs. .??
No.: 11-3780 CIVIL
KYN A MCCLEEREY
MARK A MCCLEEREY
PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter with prejudice.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
11111111111111111111 11111IINI 11111111111111111111111111111111111111