HomeMy WebLinkAbout04-2334IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KRISTY K. WERNER, )
Defendant )
NO. ~..~ld
COMPLAINT IN CIVIL
ACTION
Filed on behalf off
Retailers National Bank/
Target Financial,
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
WERNER, KRISTY 2050.3045.wpd
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
K1LISTY K. WERNER, )
Defendant )
NO.
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 thc 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 thc 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KR/STY K. WERNER, )
Defendant )
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, RETAILERS NATIONAL BANK/TARGET FINANCIAL,
byand 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, RETAILERS NATIONAL BANK/TARGET FINANCIAL. 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 Street, Carnegie, Pennsylvania 15106.
2. Defendant is Kristy K, Werner, an adult individual, believed to currently reside
at 2741 Lisburn Road, Camp Hill, Pennsylvania 17011.
3. Heretofore, the Defendant opened a Retailer National Bank/Target Financial
account with Plaintiff being Account No. 4352373405260917, for the purchase of goods and
services.
4. The Defendant has made or authorized a number of purchases and as of September
16, 2003, Defendant owes $6,755.01 on said account plus interest,
5. The Defendant has received monthly billing statements from Plainfiffsetting forth
the nature and amotmt of all charges made by Defendant, and the transactions between Plaintiff and
Defendant give rise to an account stated, upon which Plaintiffhas relied.
6. 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 $6,755.01, plus interest and costs.
7. 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.
8. Plaintiff is also entitled to recover reasonable attorney's fees pursuant to the terms
of the retail installment credit agreement in effect at the time the subject charge account was opened
or charges made. A copy of the Agreement is attached hereto as Plaintiff's Exhibit "I" and
incorporated herein by reference.
Accordingly, Plaintiffmakes a claim for reasonable attorneys fees in the amount of
$1,500.00.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of $6,755.01, plus legal interest from the date of breach and attorney's fees in the amount
ors 1,500.00 with continuing interest at the legal rate thereon from the date of Judgment plus costs.
The damages requested are less than the maximum amount for compulsory arbitration as set by the
Court.
Respectfully Submitted:
· 2~3 E. Mi [nJ~tr~et
4 4;;.2677
i hltmhe ~V.'g riffc atica
~ . , . :.(
form after reviewing Important rate, fee and cost information on reverse.
Step 2: Guest completes epplicati
CUR~ENT.'PERMANENT ADDf~ESS
f 7/._L
Previous address required if al'current address less than 12 months:
OPTIONAL: Target wdl donale a percentage of your quaMying rarget' Visa" cr Target Cue'~i Ca-"-~J";' i
ourchases to the eligible X-J2 scRoD[ of yoor choice.
')
School Name
School Ci~ ~ State ,,
YOI$ ARE APPLYING FOR A TARGET CREDIT CARl), RETAILERS NATIONAl. BANI( Will. FIRST CONSIDER YOU FOR A JARGET VISA, IF YOU DO NOT QUALIFY FOR A TARGET VISA. YOU WILL BE C
FOB k TARGET GUEST CARD. You cerijf) that all information Derided is true and comore/e and agree to be bound by all terms and conditions of the Credit Card Agreement. Netadere Natmnal Rank
authorized to gather whatever informatron is considered necessary and appropriate, including consumer credit reports.
Please see reverse for important rate. fee and cost information.
[] Consider mb for a Target Guest Card ONLY.
~"~' StlT,~ ~ ,,T.~,am~emJi~v,e,t ties IT Deal er,$ar~'Gred t Gard s gnaturD Itlatc~es a oat oo s Dgture ·
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wou/d Ilke to op! ba~ ~, ~ease v~ts ~ us at'lh~ ad~ress be~w.
Target Accost I~mber
Account Int'ormat~o; (please prhd)
X
THE'PRfl/~CY OF YOUR TARGET ACCOUNT IHFORMATtOPl
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities, that she is, Christie Comes, Assistant Secretary, of
Retailers National Bank, Plaintiffherein, that she is duly authorized to make this Declaration, and
that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of
her knowledge, information and belief.
Christie Comes
Authorized Agent of Retailers National Bank
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02334 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RETAILERS NATIONAL BANK/TARGET
V$
WERNER KRISTY K
BRIAN BARRICK
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
WERNER KRISTY K
DEFENDANT , at 1737:00 HOURS,
at 2741 LISBURN ROAD
CAMP HILL, PA 17011
SHELLY WICKERT, SISTER
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 26th day of May
by handing to
true and attested copy of COMPLAINT & NOTICE
the
, 2004
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
o00
37.66
Sworn and Subscribed to before
me this J~7~ day of
A.
D.
gPgothonot ary
So Answers:
R. Thomas Kline
05/27/2004 FELIX ~
PATENAUDE &
Deputy Sheriff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
K1LISTY K. WERNER, )
Defendant )
NO. 04-2334
PRAECIPE FOR
DEFAULT JUDGMENT
Filed on behalf of
Retailers National
Bank/Target Financial
Plaintiff
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
WERNER, KRISTY 2050.3045.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KRISTY K. WERNER, )
Defendant )
NO. 04-2334
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer to
Plaintiff's complaint.
Amount claimed in Complaint
Interest from September 16, 2003
Attorney's fees
TOTAL
$ 6,755.01
$ 689.89
$ 1,500.00
$ 8,944.90
With continuing interest on the principal amount of $8,944.90, with interest at the legal rate,
plus costs of suit.
I hereby certify that 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 of the filing of this praecipe. A copy/oxf the Notice is attached.
/ "G. regg"L~.lvf ~i~]~-~re
' Pat,enaude ~ ,~e~,~A.P.C
213"E>Maif ]t~eeX0
Carnegie, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KRISTY K. WERNER, )
Defendant )
NO. 04-2334
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037Co)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Kristy K. Wemer, is not
in the military service of the United States of America tt~)o~t of his knowledge, information and
belief and certifies that Notice of Intent to take DefaultlJud~efflent was mailed imaccordance with
Pa'R'C'P' 237'1' as evidenced bY the attached c°py'/ 5/ ~/~ ~x..2]
! ~Jregg L. ~wt~/n~t~squire~-~ --
~ ~, A.P.C
Carnegie, PA 15106
(412) 429-7675
Swom to and subscribed before me
thi~ ~.~dayof dL~ 2004,
CARNEGIE
· LLEGHENY COL#~TY
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KRISTY K. WERNER, )
Defendant )
NO. 04-2334
IMPORTANT NOTICE
Filed on behalf of:
Retailers National Bank/
Target Financial,
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,
PEN~NSYLVANIA
RETAILERS NATIONAL BANK/TARGET FINANCIAL )
)
Plaintiff )
)
v. )
)
KRISTY K. WERNER, )
Defendant )
NO. 04-2334
To~
Kristy K. Wemer
2741 Lisburn Road
Camp Hill, Pennsylvania 17011
Date of Notice: June 16, 2004
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
800-990-9108
I, Gregg L Morris, attorney for Plaintiff, Retailers National Bank/Target Financial, hereby
certify that a tree and correct copy of the fore.going document was served this date by US First Class
Mail, postage prepaid upon the f~llowing:
Kristy K. Wemer
2741 Lisbum Road
Camp Hill, Pennsylvania 17011
~ 's, squire
P~auL~, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675