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Home My WebLink About07-3203GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff, NO. 07 - ?*263 a lVtl„ V. MORGAN E KURTZ, Defendant(s). COMPLAINT IN CIVIL ACTION Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff, NO. V. MORGAN E KURTZ, Defendant. 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 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff NO. 07 3o2o3 C.", -re.- V. MORGAN E KURTZ, Defendant. COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, TARGET NATIONAL BANK, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, TARGET NATIONAL BANK, is a corporation and for the purpose of this litigation, maintaining a place of business c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant is MORGAN E KURTZ, an adult individual, believed to currently reside at 1888 RACHEL DR, CARLISLE, PA 170131046. 3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account with Plaintiff being Account No. 4352378351293028 , for the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 03/28/07, Defendant owes $2,947.17 on said account plus interest. Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. The Defendant has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant, and the transactions between Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied. 7. The Defendant made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $2,947.17, plus interest and costs. 8. By failing to object or dispute to the statements including the statement attached hereto as Plaintiffs Exhibit "A", Defendant has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $2,947.17, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Submitted: A.P.C. WEOKL. MORRIS, ESQUIRE 913 E. Main Street Carnegie, PA 15106 (412) 429-7675 II 7r8 TARGET. *00000* Account Number: 4352-37834129-3028 Statement Closing Date: March 24, 2007 MORGAN E KURTZ Page 1 of2 Target Visa Account Summary Total Credit Limit $0 Previous Balance $2,912.17 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 Questions? Call Us: Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights New Balance $2,947.17 Amount Past Due $825.63 Minimum Payment Due $2,947.17 (includes any Amount Past Due) Payment Due Date April 18, 2007 Payments & Credits No payments or credits were received last month. Other Charges Mar. 21 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3783-5129-3028 New Balance $2,947.17 Minimum Payment Due $2,947.17 Payment Due Date April 18, 2007 NEW PHONE, HOME OR 'I?IIIIII'IIII IIIIIIIIIIII?I11111'11111III11111111I? Amount E-MAIL ADDRESS? Enclosed Is 7 PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 . OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED MORGAN E KURTZ 1888 RACHEL DR CARLISLE, PA 17013-1046 1111'llllll'llllllll'111I1111I11'1111I11'II?11'll'1'llllllll'I ?„? //?? 4000400294717029471790435237835129302871 TARGET. *00000* Account Number: 4352-3783-5129-3028 Statement Closing Date: March 24, 2007 MORGAN E KURTZ Page 2 of 2 Finance Charges Days in Billing Period: 28 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.07736;6 28.24% $0.00 $0.00 $0.00 Cash 0.07736% 28.24% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE : 0.00°h _ There is a minimum FINANCE CHARGE of $1.00 for any billing period in which a Finance Charge is imposed. 7083767 In Court Judicial (Circuit/District) Original Creditor Name: TARGET NATIONAL BANK Debtor Name: KURTZ, MORGAN E Co-Debtor Name: Account Number: 4352378351293028 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA COUNTY OF HENNEPIN ss: The undersigned, TIFFANY LEWIS states that: I am a representative of TARGET NATIONAL BANK and am authorized to Verify current balances due and owing to TARGET NATIONAL BANK on credit card accounts. 2. As of the date of this affidavit I have reviewed the records of the above listed person and account, and that the amount due and owing to TARGET NATIONAL BANK on this account, over and above all known legal set offs is $2947.17. That reasonable inquiry has been made to determine if the defendant is in the military service of the United States of America, and to the best of my knowledge that defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. That the above information is true to the best of my knowledge, information and belief, and based upon the books and business records of TARGET NATIONAL BANK. Authorized Ug nt f TA GET NATIONAL BANK Subscribed and sworn to before Me on 3rd day of April, 2007 ary public My commission expires: KEN 4352378351293028 JANICE L LO '• dl!r Notary Public A144 PATENAUDE & FELIX, A.P.C Minnesota Commissmn Expires January 31 .2008 The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that she is, Tiffany Lewis, Assistant Secretary, of Target National Bank, Plaintiff Herein, that she is duly authorized to make this Declaration, and hat the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. Tiffany Lewis Authorized Agent of Target National Bank/Target Visa 4352378351293028 A144 PATENAUDE & FELIX, ARC 2kt ? c^ d W C N °`' C=3k ?'r t a r` A q m t? , I F!1 ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TARGET NATIONAL BANK VS KURTZ MORGAN E RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE KURTZ MORGAN E was served upon the DEFENDANT , at 0810:00 HOURS, on the 1st day of June 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-1046 by handing to MORGAN KURTZ 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 41 1,51 u'1 18.00 4.80 .00 10.00 .00 ,'' 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/01/2007 PATENAUDE & FEL By: Deputy Sheriff of A. D. t _ .r. r IN THE COURT OF COMMON PLEAS OF C MBERI AID D COUNTY, PENNSYLVANIA TARGET NATIONAL BANK ) Plaintiff ) NO. 07-3203 V. ) MORGAN E KURTZ ) Defendant(s) ) PECIP% TO DWONTV" } Pft"ICr Filed on behMf of: TARGET NATIONAL BANK Counsel of Record for This Party Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A-P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_169 "vp Disc *A NdG P&P File No. 2050.15718 .o. ? '. ? ? ,. > , .. ?? ?? P ?/ 4^ tGET NATIONAL BAND Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3203 MORGAN E KURTZ Defendant(s) Please dintinue the matter captioned above with prejudice. Thank you. Felix, A.P.C. TO: Prothonotary Date: V Gragg Morris, Esquire 213 E. Street Carnegie, PA 15106 (412) 429-7675 Sworn to and subseribed before me this day of "6• , 2O Notary Publ e c'arepr?,1, Ott WM11???tiblb am PA_169 Prep Disc with Prjdc P&F File No. 2050.15718 r. ,M .. ,. _ a.. . 5, " _. j .. e 4 I, GREGG MOMS, attorney for Plaintiff, TARGET NATIONAL BANK hereby certify that a true and correct copy of foregoing document was served this date by ordinary hail upon the following: Date: Morgan E Kurtz Defendant 1888 Rachel Dr Carlisle PA 17413-1046 PA 169 Prep Diet with hoc Pr* L. 9oft* Esquire Menaude & Fe, A.P.C. 213 E. Main Street Carnegie, PA 15,106 (412) 479-7675 P&P File No. 205D. 15719 w` c? -i m 4 zI I HI -ty _ a. co