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Home My WebLink About12-7318 C ~j r...t _ yy Tj .y ~~ r ~ fV ~ -..""-- ~?- WELTMAN. WEINBERG & REIS CO.. L.P.A. ~ ~ " ~ 'r j , Attorney for Plaintiff(s) ~'~- ~ ~ ~`' r` ~ BY: William T. Molczan, Esquire ~ ~ ~ _ ~~ r ~ ~~ L D. No.4743 7 _ -~ 436 Seventh Avenue, Suite 1400 ~' ~ ~ `' e Pittsburgh, PA 15219 ~.~ ~ :sa Phone: 412.434.7955 Fax: 412.434.7959 File # 9687061 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A. Plaintiff ~~'v~~i '~~lM vs. Civil Action No.'2 ~ ~.3~ 8 ERIC A EPERJESI Defendant(s) 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 l..% ,~ 103.?5P~ ~~ ~~" / 08~~ 8~a ~~ 2.8378/ COMPLAINT 1. Plaintiff is a corporation with offices in One Financial Parkway, Kalamazoo, MI 49009. 2. Defendant, is an adult individual residing at 918 Wertzville Rd, Enola, PA 17025. 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3247. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of Apri15, 2012, in the amount of $4,409.88. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is 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. 6. Although repeatedly requested to do so by Plaintiff, Defendant has 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 Defendant, Eric A Eperjesi individually, in the amount of $4,409.88 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. ~~ }/ William T. Molczan, Esqui I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9687061 ~ PNCBANK 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. P'NC poirYtS visa Previous balance $4,409.88 Payment received $0.00 Purchases $0.00 Credits $0.00 Cash advances $0.00 Fees charged $0.00 Interest charged $0.00 New balance $4,409.88 Past due amount -due now $1,285.00 Overlimit $609.88 Minimum payment $110.00 ® Total minimum payment $1,395.00 0 Total amount due $2,004.88 0 Due date 05/01112 Total credit limit $3,800.00 Total available credit $0 Cash advance available credk $0 Days in billing cycle 30 Credit Card Account if XXXX XXXX XXXX 3247 Statement dosing date 04/05/12 Questions? pnc.com 1-800-544-3623 New balance $4,409.88 ® Total amount due $2,004.88 A Due date 05/01/12 Late Payment Waming: !f 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 Penalt~r APR of 26.24°k. Minimum Payment Waming: 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 HXH 001 3 2 120405 0 Z X PAC3E 1 W 3 1 0 5824 9600 COFF OA5170CD ~C~K Account # XXXX XXXX XXXX 3247 New balance $4,409.88 PO BOX 3429 PITTSBURGH PA 15230-3429 ® Total amount due $2,004.88 0 Due date 05/01/12 Chsdc Mrs i1 ad°na, ph°n~ a ~.rnail PAYMENT ENCLOSED ^ dfan9M an irMkrbd on nvsn~ aids T 1~ ~ m 4311963~100~324?0~0044~9se~O~fJ~275~000~01395~00 ' Make check payable to: ERIC A EPERJESI 918 WERT2VILLE RD ENOLA PA 17025-1835 PNC BANK PO BOX 858177 I I . I I I I I L I I I I I . I I. I 1111111111 I. I I ~ I I I I I LOUISVILLE KY 40285-6177 968T061n II I IIII I I I I. II I I II, 11 L ,111..1 I EXHIBIT 431 5000 0080 1963010003247 001 ' If you would like information about credit counseling services, call 1-866-214-0934. Terms and Conditions Creditinp ofp~y~rertb: Payments received by us at P.O. Box 856177, Louisville, KY 40285- 6117 by 5:00 P.M.~astemTime, will be crediAd as of that day. Payments received afeer 5:00 P.M. Eashm Time, wB be credited a of the fol loa4rrg day. Do rot send ash. The bottom of this statement nwst parry your payment and be inserted in the irvebpe proMdedThe payment address must be p~ixed m the window of tfrc en+ebpe. Do rot fold check or bottom porton of tlris statement hper dips, staples, tape, or other carrcspondence should rot be indrded with your payment. tf you (ail m bibw drse paymem instnucdons, the crediting of such payment m your acosum may be delayed up b 5 days IrrnpafaM iNaforrnatlon about Credit AwllabiRty: b order m ensure there is enough dnne for a payaum m clear the acroum on whkh it's drawn, we ma not make the payment aaaunt awiable b re-borrow br a period of 10 a 14 days, dependktg on the amount d the paymem and otlter factors Even ii the payment amotnt is not available immediatey, the payment wA be aedroed an receipt if received as provided in the secdon raNed ' Crtditkg of ~~~ a6ove. Notla To Cwtonter>< P~syirrgg by Check When yyoouu males a paymem with a personal duck, yyoouu authaim us b use mbnmation Thom your dteck b makt a one-flme electronic trarsler from acmutt a m process the payment as a check tramacdon. This meam your xmum mold be debited as eery as the same day the paymem is retched. Your dude wNl no bnger be sent m bars: for processing. It will be destroyed and a copy wit be retained. lfrerebre, you w71 no longer reaaiw the orynal a a copy d your dwck bad; from yow barolc. Also, the way b which th traraacden appears an your bank statement wdl darge. Your statement vwl raw show a line item fa an ekctromc enby irroated bf PNC Bank and wifl inchrde the ctxdc number, payee and the drxk amorrnt. If you have quesdans regarding the mrrvenson of your paymem m an elecuonk transfer, pkue refit m the mil free number on the from of this statement Condtlaral Paymerats: Any payment you send m us for less than the full balance marked with the wards 'PPaaWnt b Pull' a simi language, must be sent m Cusbmer Service, P.Q Box 3429, Pittsburgh PA 15230-3129. We refuse b accept suds payrrrenti N your payrrrntt h made m an! other address, we may xapt the payment witlaut being any of our n'gha AN other paymena should be seen b tlu paimrem address prkrted on the remitbrce portion of the sntement lost w StaNn Cards: You must irnnredleaey report last or Service number on sir from of sir sbMront Variable APRs: APRs on your aorount that are variable wit vary with the markrt based on the prime rate. How tq Avoid Pay4nq Interest on PLrdtases: We wiM dsarge baerest on purchases from the doh of each transacNm. Interest wit cattimre b be imposed un~i~f the doh paymem in bll d the flew Balance is posted b your acmrm You ma} avoid (merest on new purchases appeadng on your tureen splemerrt N you pad in fdi the New BaWKe dawn on your prcviaus statemem and you paymem wa received by that due dste. How YMe Cakulata Yow Balance for Purdwes: We roe a method alkd'avetage daiy balance (nctuding new punduses-."The blowing drscriptions how we alculah the interest on purchases: (1) We spit vaflt the unpaid amoum d puchases for the curent biting cycle, which may indtrde rnpaid kaerestand fees from previous biikrg rycks. (2) Each day we strbtratt any payrramts a tredtts flat appy b pudmes Then we add my rxw ppuurrdrses, any new tees flat apply b purohases, cent any interest on the prevous s purchase Wlance N Pru have not paid in fiulll the New Balance on your prevous sblemmt by t due date. This Ygvveess us the daiy balence of purdrases (3)Then we add up afl tlu daiy balances d PurdWSes fa the bNNrg cycle and divide by the total nwnber d days in the biting cYdG This gives us the "average daiy balance d purchases' br the totem oiling cycle. How 1Ale Calculate Your Balance far Cash Advarrrtxes: We tae the "every daiy balance of ash advances" m akdate inMeu on ash advances. The bNowkg description is taw we akulah the 'average daiy balance d ash advances:- (1) We spit lath the unpaid amoum of ash advances, wladl may irckde unpaid interest and fees from previous biMMO cyder (2) Each day we subtract any payments or a.dis dnat appy b ash advarxsss Thm we add a new ash advarces, any new tees tlut appy b osn advances, and any Interest on the prevbra days cash advance balance This gives us the dNy balms d ash adwnces. (3) Then we add up aN the daiy baprxxs d ash advances br the billing cycle and divide by the cool number d days in the biBng cycle. This gives us the "average daiy balance d cash advmces." There a ro gxe period fa ash advances How Ylfe Caietalate row Balance for Balance Tranders: We will drarge interest on each balance barafer from tie date the balance transfer posts m you axount. Unless yes are rcaivag a pproromotbrol a btraducbry balarra W enter APR, balance traraters are ktdtded in the'auerage daiy baletxe (incNdirg new PPunduses).' Please see the section above celled "How We Gktlah Yoa Babnce fa Purchases' for detailed bbmraeon on how we wifl fgurc imercst an balance transfers Please rate, howetroy that them B m grxe period for balance tramfers N a promotional a introdrebry balerce lranshrAPR appl'us to yyesaesa aaount we use the average daiy/ baimce of baance trsnsfsns' m cdnlate interest on balerce twrsfens The bloowing desrnptan rs taw we alalate the "average dally babce of balance trarshn:° ~~ ae sw unpad amoran d balance transfers, which may include unpaid Intertst and fees (2) Eadl day we subtract sty a credits that appy m bdattee translens Then we add any new balartu ttansfers, any new ees that b balance trarslers, and any interest on the previous day's balance tranaler balers. fih glues rii du daNy baaance of balance trarafeR i3) Then ore add up all dre daiy bapnas of balance barskrs for dr bitting qde and divide by the mpt camber d daYs,in the bNNrg cyde.lhls gives us the "average daiy balmce of baance transfers' Thera is ro grace perod fa balance fransters. How We Calculate Interest on Your AccourrC Interest on you account may be determined by (1) muldpying each of the avenge daily balances by the number of d~ in the oiling cycle, (2) multipying each d the needle by du appkabk daiy periods rate, and (3) adding eadt of tfkse prodreh mgethx Penalty APR and When h Applies: The Pero{ry APR is set font on the first page of your satement in the section calved "late Payment Warning' This APR wiM wry with the marbet bastd on the prime race and may be appNed b your atcaum d you make a late payment It your APRs arc increased for this reason, the Penalty APR wiN appy untl you make six mrsecutlve mrmmum Payments when due Loss of Irxroduetory APR: We may end any Introductory APR and appy the Penalty APA if you make a late payment. Annual Fee Renewal Notice: If your credit rend agreement provides for an xnual fee, the annual fee will be billed on your credit and stahmem annuaiy. You wit have 30 days tram the doh that the sbeetnent' ~dInqy the annual fee is mailed tp you in whkh b tennkrate your credit card and have you aaaatt~credted br the fee. If you decde b termiroh your lard, you may cominue m use you xenon dubg dre 30 day period. After that you cosy rot matt any further pudtaus a ash advances on your acmrrnt The firms of this rotlce do„ ty ~ta'Itroress . aantaul I renewal credit and agreement provides br an annual lee, papble ratio will be provided on yosr credt and sptemem smuNy. You wit have 30 days horn tlu date that the satement cmnuxng dr annual rcnevval ratite n mailed b you in whkh b terminate your credit and and hen your xmart oredroed for the mouthy fee appeari ngg on Yu statement N you dedde b temlrote your ant, you may continue m use you acmrett duYtg du 30 day peniod. Aihr the; you may not make any fietlar p~sdtxes or ash advances on u aaount If you decide m terminate your credit and after the 30 day period, yar xcoum wiN be charged for the fidl annual tee. The firms d this rotkx do not appy b business atcotnts Mairttenattu Fee Renewal Nofke: R your credit and agreement provides br a maintenance fee payable b matddy instaNmeras you wifl have 30 days from the daM each statement is mailed m you m which b terminate you eadR and and pay the balerce let fdl m have your account credhd for the fee appearkrg on W t satement Alter slut you may not cosine ~wyy hither fartiares a cash advarxxs on you account N you decde m terminal your cnedtt card witFqut palm9 the balance in full, you wdl be chard the mairderorce fee for cads statement until du balance is paid n full. The terms of tNs rotlce do rat appy m business accana Credk Balasxas: If you spMrom shows a creMt balancer d 51.00 or more, you may request a refund by sendkg you request m us at P.O. Box 3429, PltRbungh PA 15230.3429. What To Do N You Think You Hrd A Mistake On Yore Stateasent Ii you think there is an ens on you sbtemen; write m us at PNC Bank, PO Box 3429, Pittsburgh, PA 15230-3429 In your letter, glue us the bibwing irrtormatfon: Account imbmretbrs Yoa rome and acmum number. Dofar amount flu doNar amount of the suspected error. • Descnpfioa d f~obfwrr N you think there is m ertor on your biN, descdbe what you believe is wrong and why you beflne it is a mistake. You coral mmact us wihin 60 days afkr the error appeared on satement. Yau comet rody us of Ky potetttial euas n ratting. You may a II us, but R you do we arc rot rcquked b imrestigah ay pobentlal errors and you may have m pry the amount in questbn While we investigate whether a rat ttterc has been an errs, the bNowng are true: • We amot trY b ooNect the annum in questioq a repon you as delbtquent on that amoum. • The dwrge in question may remain on you sbhnmt and we mry continue b d~~ you interest an tMt amoum. Bu;d we determine that we rrrade a mishloe, you wiR not have m pay du amount in question or any interest a other lees related m that amoutt. • Whie you do not have m pay the amount in gtrestbn, you arc rcsponsibk br tlu rertrairder of your balance. We an appy any unpaid amormt against your credN limit Your flights H You Arc Ofssatisfled W/th Your Credit Card Anchasus If you arc dissatisfied wiM tlr goods a servkes that you have purchased widt your credk and, and you have tried In good faitlt b correct the problem with the trordtant, You may have 1M right not m par the remaining amount due on du purchase. To use tlrs nigh; afl of the folbwkg must be true: 1. The pprsdsase mot have been made in you lame sph or within 100 miles of you curtest mailing address, and thepurchese price must have been rtarc Than f50. INota: Neither d these are necessary if you purdrase was based an an advertisement we mated b you, ar ii we own the company that sold you the goods or services) 2. You must have toed you credt and for the purdnse Purchases made with ash advances from an ATM a with a dted: tint aaesses your credit card xosunt des rat gwliy. 3. You must rot yet have fuNy paid for the pradrase If all of the crihda above m met and you are still d'ssaflsfrcd with the purchase, contact us in wniing at PNC Bank, PO Box 3429, Pit>SMaglt PA 15230.3429. While we iraresugate, tfr smte nles appy b do disputed amount as dsaassed above. Aihr we fiNsh our Imestigatlon, we vAfl tell you our dedsbn. At that pool; if we think you owe an amoum and you do rat pay we may report you as delinquent IMPORTA(~,bQjj~~ We report rma n about you xmunt m credit bureaus. Late payments, missed payments, a other defaults on you attoum may be reflected In you credit repot This is an attempt m collect a debt and any informatbn obpkted wiN be used for that purpou. OA517ocD 15 ~ OSII7n01 t Moviing?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 21P 96>:asiif!~s phone . Cell phone ~C~ Account # XXXX XXXX XXXX 3247 Statement closing date 04/05/12 TRANS DATE POST DATE REFERENCE NUMBER DESCRIPTION AMOUNT ~ Fees ~ TOTAL FEES FOR THIS PERIOD $0.00 Interest Char ed 04!05 04/05 Interest Charge on Purchases 0.00 04/05 04/05 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 ANNUAL DAILY DAYS TYPE OF PERCENTAGE PERIODIC RATE I N BILLING BALANCE SUBJECT INTEREST BALANCE RATE (APR) (MAY VARY) CYCLE TO INTEREST RATE CHARGE Purchases 26.24%(V) 0.07189'6 30 $0.00 $0.00 Cash advances 28.24%(V) 0.07189% 30 $0.00 $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. (V): Variable Rate tees charged in 2012 interest charged in 2012 $35.00 $54.36 Did you notlce your statement looks difterent7 In an effort to keep our coats in line and still provide a great customer experience, statements w~l now be prated in black and white. 9687061 5170 HXH 001 3 2 720405 0 Z X PAGE 2 d 3 1 0 5824 9800 COFF MS170CD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, tha# he/she is N~V~ C {NAME} ~.Oan Support Specialist of PNC BANK, N.A. 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. (SIGNATURE ~Nacy K. Feniger t,t~aa Support Specialist Subscribed and sworn to before me this. O~ day of ~h~~M ~ .dB~~. ENNI R l.. SCHURI ,NOTARY PUBLIC JENNIFER L. SCHURING NOTARY PUBLIC • STATE OF MICHIGAN COUNTY OF KALAMAZOO My Commia~ion Expires August 2.201 S Actin in the Ccu of wwR# 968061 ~ , . i ~ ~ I i ~ § Q ~ p E i ~,~~~(~~ " ~.E Iw. ' :j • ~