HomeMy WebLinkAbout08-4527
14
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
TARGET NATIONAL BANK/TARGET VISA
MICHAEL FROMBAUGH
Defendant(s)
NO. 9450'x`7 C tVi ( ??'h
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
TARGET NATIONAL
BANK/TARGET VISA
Counsel of Record for This Parry:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PF_PA_l I Cmplt Cvr Sht
P&F File No. 08-23858
r?
v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL BANK/TARGET VISA
Plaintiff
V.
MICHAEL FROMBAUGH
Defendant(s)
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
PA 21Notice to Defend
NO.
Usted ha sido demandado en corte. Si usted desea defenderse
de las demandas que se presentan mas adelante en las
siguientes paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito
sus defensas de, y objecciones a, las demandas presentadas
aqui en contra suya. Se le advierte de que si usted fall de
tomar accion como se describe anteriormente, el caso pude
proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder
dinero o propiedad au otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU
ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUENTE
OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE
UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O
BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
P&F File No. 08-23858
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL BANK/TARGET VISA
Plaintiff
V.
MICHAEL FROMBAUGH
NO. D F- ys J- 7 ?.c.u..-
Defendant(s)
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, TARGET NATIONAL BANK/TARGET VISA, by and
through its attorney, GREGG 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/TARGET VISA, 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 St Carnegie, Pennsylvania 15106.
2. Defendant is MICHAEL FROMBAUGH, an adult individual, believed to
currently reside at 42 W BIG SPRING AVE NEWVILLE, PA 17241-1302.
3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No.
4352371713020338, for the purchase of good and services.
4. The Defendant(s) has/have made or authorized a number of purchases and as of ,
Defendant(s) owes $4,369.26 on said account plus interest at 0.00 %.
5. Plaintiff maintains accurate books of account recording all credits and debits for
PA-05 Civil Cmplt Crdt Crd P&F File No. 08-23858
this account.
6. The Defendant(s) have/has received monthly billing statements from Plaintiff
setting forth the nature and amount of all charges made by Defendant(s), and the transactions
between Plaintiff and Defendant(s) give rise to an account stated, upon which Plaintiff has relied.
7. The Defendant(s) made payments, but have/has refused to pay, and now refuses to
pay the balance due and owing on the aforesaid account in the sum of $4,369.26, plus interest
and costs.
8. By failing to object or dispute the statements, Defendant(s) have/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(s) have/has failed to make the required
installment payments when due and therefore the full amount of the account is now due and
payable.
PA 05 Civil Cmplt Crdt Crd P&F File No. 08-23858
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $4,369.26, plus interest as set forth herein 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.
Respectfully submitted:
& Felix, A.P.C.
Date: June 09, 2008
L. orris, Esquire
Main Street
Carnegie, PA 15106
(412) 429-7675
PA-05 Civil Cmplt Crdt Crd P&F File No. 08-23858
TARGET
*00000*
Account Number: 4352-0717-1302-0338
MICHAEL Al FROMBAUGH Statement Closing Date: March 17, 2008
Page 1 of 1
Target Visa Credit Card Account Summary
Total Credit Limit $0
Cash Limit $0
Available Credit $0
Portion Available for Cash $0
The Cash Limit is a portion of the Total Credit Limit
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
Previous Balance $4,369.26
Payments & Credits 0
00
Purchases & Advances .
0
00
Other Charges .
0
00
FINANCE CHARGES .
0.00
New Balance $4,369.26
Amount Past Due $603.10
Minimum Payment Due $647.10
(includes any Amount Past Due)
Payment Due Date April 11, 2008
Payments & Credits
No payments or credits were received last month.
Finance Charges
Days in Billing Period: 29
Corresponding Average Periodic Transaction
Daily Annual Daily FINANCE FINANCE
Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE
Purchases 0.00000% 0.00% $0.00 $0.00 $0.00
Cash 0.00000% 0.00% $0.00 $0.00 $0.00
Total FINANCE CHARGES: $0.00
Actual ANNUAL PERCENTAGE RATE: 0.00%
There is a minimum FINANCE CHARGE of $1.00 for any billing period in which a Finance Charge is imposed.
Target National Bank, an affiliate of Target stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
•
TARGET
INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK
IIfNIIIIIINIIIIIIIII?lllllllllllll?
NEW PHONE. HOME OR
E-MAIL ADDRESS?
PLEASE UPDATE
E SIDE. ON
R TARGET NATIONAL BANK
REVER
REVERSE SIDE.
P.O. BOX 59317
OFFICE COPY MINNEAPOLIS, MN 55459-0317
MICHAEL W FROMBAUGH
42 W BIG SPRING AVE
NEWVILLE, PA 17241-1302
IIIIII'IIIIIIIIII'IIIIII?IIIII?11'IIII11111'IIII11'll?l'll'll?
Account Number 4352-3717-1302-0338
New Balance $4,369.26
Minimum Payment Due $647.10
Payment Due Date April 11, 2008
Amount
Enclosed $
6001050064710043692690435237171302033871
In
Court
Judicial (Circuit/District)
Original Creditor Name: TARGET NATIONAL BANK
Debtor Name: FROMBAUGH, MICHAEL W
Co-Debtor Name:
Account Number: 4352371713020338
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.
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 $4369.26.
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 ONTARGET NATIONAL BANK.
NATIONAL BANK
Subscribed and sworn to before
Me on 1 st d of April, 2008
ry Public
My commission expires:
;?,.?,???vwwwa vvr,rw+rvVW?VVWtiNWV?"s
4352371713020338 ?.. `. %, JqNIGE L. LOKEN
A144 PATENAUDE & FELIX, A.P.C +?` NOTARY PUBLIC -MINNESOTA
l!?S' m1' Canmimm Expires Jan 31, 2013
.7ed? M
O
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities, that he is, TIFFANY LEWIS, Assistant Secretary, of Target National Bank, Plaintiff
Herein, that he is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in
Civil Action are true and correct to the best of his knowledge, information and belief
f-
TIFFANY LE
Authorized t o get National Bank/Target Visa
4352371713020338
A144
PATENAUDE & FELIX, ARC
c-
TI
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-TI
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0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04527 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TARGET NATIONAL BANK
VS
FROMBAUGH MICHAEL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
P,T;)nmrzATTr-W MTrWAWT, the
DEFENDANT , at 1635:00 HOURS, on the 31st day of July , 2008
at 42 W BIG SPRING AVENUE
NEWVILLE, PA 17241
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.00
Affidavit .00
Surcharge 10.00
40.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
M
gyp` ?AA
R. Thomas Kline
08/01/2008
PATENAUDE & FELIX
By.
A. D.
0
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL BANK
Plaintiff
V.
NO. 08-4527
MICHAEL FROMBAUGH
Defendant(s)
IMPORTANT NOTICE
F?
(
{_, r
?
-
-n
Filed on behalf 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-1 l 1 10 Day Dl P&F File No. 08-23858
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL BANK
Plaintiff
NO. 08-4527
V.
MICHAEL FROMBAUGH
Defendant(s)
To: Michael Frombaugh
42 W Big Spring Ave
Newville Pennsylvania 17241-1302
Date of Notice: July 01, 2010
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A 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
Date: July 01, 2010
Respectfully submitted:
Patenaude & dlix, A.P.C.
tie, PA 15106
429-7675
PA_111 10 Day Dl P&F File No. 08-23858
R
I, GREGG MORRIS, attorney for Plaintiff, TARGET NATIONAL BANK, hereby certify that a
true and correct copy of foregoing document was served this date by ordinary mail upon the following:
Michael Frombaugh
42 W Big Spring Ave
Newville PA 17241-1302
Date: July 01, 2010
Greg?;'?1e/ c}rris, Esquire
Pate w 2telix, ABC.
21
C gi , PA 15106
(41 9-7675
PA-1 l 1 10 Day Dl P&F File No. 08-23858
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2010 3: 5.17 ju„'
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IN THE
TARGET NATIONAL
V.
MICHAEL FROMBAU
T OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Defendant(s)
NO. 08-4527
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf 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
iy ff) Py gws
#. 0
PA_ 119 Prcp Def Jg Both
P&F File No. 08-23858
IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL
Plaintiff
NO. 08-4527
V.
MICHAEL FROMBAUGH
Defendant(s)
TO: PROTHONOTARY
Please enter a judg ment against the defendant, above named, for failure to file an Answer
to Plaintiffs complaint.
Amount claimed i Complaint $4,369.26
Interest from $0.00
Less payments rec eived $0.00
Attorney's fees $0.00
TO AL $4,369.26
With continuing in erest on the principal amount of $4,369.26, with interest at the legal
rate, plus costs of suit.
I hereby certify tha t a written notice of intention to file this praecipe was mailed to the
defendants and defendants counsel (if known), after the default had occurred and at least ten
(10) days prior to the date f the filing of this praecipe. A copy of the Notice is attached.
Respectfully su i ed:
Patenaude & eli A.P.C.
Date: July 12, 2010
Greg . M is, Esquire
213 . Mai Street
t)k ie A 15106
( -7675
PA_ 119 Prcp Def Jg Both P&F File No. 08-23858
IN THE COU1 T OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL 13
Plaintiff
V.
MICHAEL FROMBAU H
COMMONWEALTH OF
COUNTY OF CUMBER]
Before me, the un(
personally appeared GRE,
who being duly sworn acc
FROMBAUGH, is not in
knowledge, information al
was mailed in accordance
Date: July 12, 2010
Defendant(s)
NO. 08-4527
PENNSYLVANIA )
SS.
AND )
ersigned authority, a Notary Public in and for said County and State,
iG MORRIS, attorney for and authorized representative of Plaintiff,
)rding to law, deposes and states that the defendant(s), MICHAEL
he military service of the United States of America to the best of his
[d belief and certifies that Notice of Intent to take Default Judgment
with Pa.R.C.P.237.1, as evidenced by the attache copy.
Respectfully sub i d:
Patenaude & F lix. P.C.
Gre . Morr s, Esquire
21 ,in treet
C egie, P 15106
(4 ) 429- 675
Sworn to and subscribed
01
day of
otary Public
me this
2qW.
MftAUT"H of PEN"
"- NoWtal Saal
Carolyn . 8tevraM Notary Pubik
. ? EudeAua.12011
PA 120 Affof Non Mil
P&F File No. 08-23858
IN THE
TARGET NATIONAL B
V.
MICHAEL FROMBAUGH
T OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Defendant(s)
NO. 08-4527
IMPORTANT NOTICE
Filed on behalf 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_113 10 Day D1 D2 P&F File No. 08-23858
IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL
Plaintiff
V.
MICHAEL FROMBAUGH
Defendant(s)
NO. 08-4527
To: Michael Fromb ugh
42 W Big Sprin Ave
Nevwille PA 17, 41-1302
Date of Notice: July 01, 201
YOU ARE IN DEFAU BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTO NEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAI S SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS N OTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LO SE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE HIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION BOUT HIRING A LAWYER.
IF YOU CANNOT AFF RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION BOUT 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
Respectfully jbmi d
Pate naude P.C.
Date: July O1, 2010
Greg . Mo s, Esquire
213 Main treet
Ca
e, P 15106
g'
t4
2
675
PA_113 10 Day DI D2 P&F File No. 08-23858
I, GREGG MORRIS,
and correct copy of foregoing
Michael Frombaugh
42 W Big Spring Ave
Newville PA 17241-1102
Date: July 01, 2010
for Plaintiff, TARGET NATIONAL BANK, hereby certify that a true
was served this date by ordinary mail upon the following:
PA_113 10 Day D1 D2 P&F File No. 08-23858
IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TARGET NATIONAL
Plaintiff
NO. 08-4527
V.
MICHAEL FROMBAU1
Defendant(s)
NOTICE OF ORDER, DECREE
OR JUDGMENT
Filed on behalf 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- 123 Ntc Jgmt Both P&F File No. 08-23858
V.
IN THE CO
TARGET NATIONAL
MICHAEL FROMBA
TO:( )Plaintiff (x
You are hereby
against you on
.T OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Defendant(s)
NO. 08-4527
( )Garnishee ( )Additional Defendant
that the following Order, Decree, or Judgment has been entered
( ) Decree Nisi 'n Equity
( ) Final Decree in Equity
( X) Judgment of ) Confession ( ) Verdict ( ) Court Order
X) Default ( ) Non-suit
Non-Pros ( ) Arbitration Award
( X) Judgment in
( ) District Justil
plus costs.
( ) If not satisfie
suspended b:
If you have questions cons
Name of Attorney:
PA_ 123 Ntc lgmt Both
amount of $4,369.26, plus costs.
Transcript of Judgment in the amount of $
i within sixty (60) days, your motor vehicle operator's license will be
the Department of Transpo at>on.
Prothonotary
By
Deputy
ing the above, please Contact:
GREGG MORRIS, Esquire
213 East Main St
Carnegie PA 15106
(412)-429-7675
P&F File No. 08-23858