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HomeMy WebLinkAbout06-1937 GREGG L MORRIS, ESQ. PATENAUDE & FELIX, A.P.c. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s). ) ) ) NO. ()~ - I9.J7 ) ) ) ) ) ) ) C'-u ; L ~82_J01 TARGET NATIONAL BANK Plaintiff, v. LEEANN C CARLSON, COMPLAINT IN CIVIL ACTION Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa LD. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK , Plaintiff, ) ) ) NO. Dlo - I Cf.J7 ) ) ) ) ) ) ) (2u;l~~ v. LEEANN C CARLSON, 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER. IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS 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 Defendant. ) ~ NO. 6~ - /q27 ) ) ) ) ) ) ) CLo:L ~~ TARGET NATIONAL BANK, Plaintiff v. LEEANN C CARLSON, COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, TARGET NATIONAL BANK, by and through its attomey,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: I. 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 LEEANN C CARLSON, an adult individual, believed to currently reside at III SALEM CHURCH RD ,MECHANICSBURG, PA 170502835. 3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account with Plaintiff being Account No. 4352378340554738 ,for the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 12/30/05, Defendant owes $3,537.39 on said account plus interest. 5. 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$3,537.39, 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$3,537.39, 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. Respectfully Submitted: G 21 Street Carnegie, P A 15106 (412) 429-7675 o TARGET Statement Closing Date: December 27, 2005 Page 1 of 2 'j,C::JU Iv')} c""'" 11111111111111 Target National Bank an affiliate of Target Account Number: 4352-3783-4055-4738 LEEANN C CARLSON Target Visa 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 Previous Balance Payments & Credits Purchases & Advances Other Charges FINANCE CHARGES New Balance Amount Past Due Minimum Payment Due (includes any Amount Past Due) Payment Due Date $3,577.39 0.00 0.00 35.00 0.00 $3,612.39 $574.00 $3,612.39 Questions? Call Us: Target Credit Services 1-888-755-5856 TDDITDY 1,800-347,5842 Outside the U.S. 11~612-307.8622 (Call Collect) Calling will not preserve your billing-error rights January 21, 2006 Payments & Credits No payments or credits were received last month. Other Charges Dec. 22 LATE PAYMENT FEE Total Other Charges $35.00 $35.00 Fi nance Charges Days in Billing Period: 30 Balance Type Purchases Cash Daily Periodic Rate 0.06821 % 0.06821 % Corresponding Annual Percentage Rate 24.90% 24.90% Average Daily Balance $0.00 $0.00 Periodic FI NANCE CHARGE $0.00 $0.00 Transaction FINANCE CHARGE $0.00 $0.00 Total FINANCE CHARGES: Actual ANNUAL PERCENTAGE RATE: $0.00 0.00% NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUOE THIS PORTION WITH YOUR PAVMENT MADE PAVABLE TO TARGET NATIONAL BANK. Target National Bank an affiliate of o TARGET IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII11II1111111111111111111111 Account Number 4352-3783-4055-4738 New Balance $3,612.39 Minimum Payment Due $3,612.39 Payment Due Date January 21, 2006 Amount I Enclosed $ NEW PHONE. HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY 1,1,1"1,1"1"1,1,1,1,1"11,,,,,11,,,,111,,,1,.,111 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED - 111 SALEM CHURCH RD MECHANICS BURG, PA 17050-2835 1",111",111""1,1,11"",1,11"1",11,,1,1,,,,11,,,111",11 - "1 ",1"\ t.x"'-\L-1I~ rl 0000750361239036123990435237834055473871 - Target National Bank an affiliate of Target o TARGET Statement Closing Date: December 27, 2005 Page 2 of 2 1111111111 " II Account Number: 4352-3783-4055-4738 LEEANN C CARLSON Target Rewards Status You're on your way to earning the 1000 points needed to get your Target Rewards certificate. It'll get you 10% oW on a full day of shopping (with your Target Visa) at Target stores. Use your Target Visa often, and enjoy the savings sooner! Points Earned Previously Points Earned This Month 708 +0 New Balance 708 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Thanks to you, we've already raised more than $154 million for education. Every time you use your Target Visa, you add to our donation to Cumberland Valley High School. Thanks again for participating in the Take Charge of Education program. For both teachers and students, you've truly made a difference. As a valued Target Visa cardholder, you'll always be the first to know. Like to get the scoop on exclusive promotions, savings and updates? Simply write your e-mail address on the back of this bill and mail it in with your payment. Whenever we've got something new to share, you'll be the first to hear about it. In Court Judicial (Circuit/District) Original Creditor Name: T ARGET NATIONAL BANK Debtor Name: CARLSON, LEEANN C Co' Debtor Name: Account Number: 4352378340554738 AFFIDAVIT OF ACCOUNT ST ATE OF MINNESOTA COUNTY OF HENNEPIN S8; The undersigned, CHRISTIE COMES states that: I. 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 $ 3612.39. 3. 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. UwA~ Authorized Agent ofT ARGET NATIONAL BANK Subscribed and sworn to before Me on 3rd day of January, 2006 ~;i,~ :::n:i:~ii:n expires _ I /3 t! ~~ ~ ~ MARGARET L OLSEN Nolary Public MInnesota M'II:0('1fT!I%in~FxpiresJ81111ary31 2008 4352378340554738 Al44 PATENAUDE & FELIX, AP.C . 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, Christie Comes, 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. l r C\ 'lvVV\~ ~.. Christie Comes Authorized Agent of Target National Bank/Target Visa 4352378340554738 AI44 PATENAUDE & FELIX, A.P.C 2 n -lQ. ~ tD '1 f.r( 1- .~ f-' U( :1"" -1 - r- :. ; ~ W () \ II ...0 rY IN -... [f --', " r-- b c:) .-', -,~- t .~ GREGG L. MORRIS, ESQ, PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A 1D#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant( s), ) ) ) NO, 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK Plaintiff, v, LEEANN C CARLSON, PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg 1. Morris, Esquire Pa LD. #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 Defendant(s) ) ) ) NO. 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK, Plaintiff v, LEEANN C CARLSON, PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter ajudgrnent against the Defendant(s), above named, for failure to file an Answer to Plaintiff's complaint. Amount claimed in Complaint Interest from December 30, 2005 Attorney's fees TOTAL $3,537.39 $66,28 $0,00 $3,603,67 With continuing interest on the principal amount of$3,603.67, 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 Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. R 1. MO RIS, ESQUIRE Patenaude & Felix, AP.C. 213 E. Main Street Carnegie, P A 15106 (412) 429-7675 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) ) ) ) NO, 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NA TlONAL BANK, Plaintiff v, LEEANN C CARLSON, PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. I037(b) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) 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(s), LEEANN C CARLSON, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa,R.C.P. 237.1, as evidenced by the attached copy, Public IAL TERESA L LESKO Notary Public CARNEGIE BOROUGH ALLEGHENY COUNTY My Commission Expires Feb II, 2006 GREGG L. MORRIS, ESQ. PATENAUDE & FELIX. A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s). ) ) ) NO, 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK, Plaintiff, v, LEEANN C CARLSON, IMPORTANT NOTICE Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa LD. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) ) ) ) NO. 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK, Plaintiff v, LEEANN C CARLSON, To: LEEANN C CARLSON III SALEM CHURCH RD MECHANICSBURG, P A 170502835 Date of Notice: May 02, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PEROSONALL Y 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 MAYBE 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 By: . MORRIS, ESQUIRE Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 I, GREGG L. MORRIS, attorney for Plaintiff, TARGET NATIONAL BANK, herby certifY that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: LEEANN C CARLSON III SALEM CHURCH RD MECHANICSBURG, PA 17050 . s, EsqUire Pa aude & elix, A.P.C. Attorneys for Plaintiff 213 E. Main Street Carnegie, P A 15106 (412) 429-7675 Date: May 02, 2006 . GREGG L. MORRIS, ESQ. PATENAUDE & FELIX. A.P.C, 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s ), ) ) ) NO, 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK Plaintiff, v. LEEANN C CARLSON, NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: TARGET NATIONAL BANK , Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa 1.0, #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 '!! f CAj fiJ t' ......: -..l.. -J <0 ~ , .\J t ~ t) , r- )\ . o ~ C ~ ~ 6 S- C7 ~ ~ ~ ~ ~.ft~ g ~ ~ J B " f1 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant( s) ) ) ) NO. 06-1937 CIVIL TERM ) ) ) ) ) ) ) TARGET NATIONAL BANK, Plaintiff v, LEEANN C CARLSON, NOTICE OF ORDER. DECREE OR JUDGMENT TO: ( ) Plaintiff ( X) Defendant ( ) Garnishee ( ) Additional Defendant . You are her~J notified that the following Order, Decree, or Judgment has been entered agamst you on C!l.::J" fR J.Dolo , I ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X ) Judgment of ( ) Confession ( X) Default ( ) Non-Pros ( ) Verdict () Court Order ( ) Non-suit ( ) Arbitration Award (X) Judgment in the amount of$3,603.67, plus cost. ( ) District Justice Transcript of Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wi! be ~'P~d",bYtb'D""_~IOfT-l~~ By Deputy If you have questions concerning the above, please contact: Name of Attorney: GREGG 1. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TARGET NATIONAL BANK VS CARLSON LEEANN C MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLSON LEEANN C the DEFENDANT , at 0910:00 HOURS, on the 10th day of April , 2006 at 111 SALEM CHURCH ROAD MECHANICSBURG, PA 17050-2835 by handing to LEEANN CARLSON 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 So Answers: 18.00 8.80 .00 10.00 .00 36.80 3)/'f/b/"Q.-, Sworn and Subscribed to before r%-;.~/~~-, R. Thomas Kline me this day of 04/11/2006 PATE~~E & FEL~ ~,y Eheriff A.D. Prothonotary I GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, P A 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff, ) NO. 06-1937 CIVIL TERM ) ) ) ) ) ) ) ) ) v. LEEANN C CARLSON, Defendant(s). PRAECIPE FOR SATISFACTION OF JUDGMENT Filed on behalf of: TARGET NATIONAL BANK , Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa J.D. #69006 Patenaude & Felix, A.P.c. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 ! /. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff v. LEEANN C CARLSON, Defendant( s) ) NO. 06-1937 CIVIL TERM ) ) ) ) ) ) ) ) ) PRAECIPE TO SATISFY JUDGMENT TO: Prothonotary Please satisfy the Judgment at the above-captioned action of record. Thank you. Date: December 19, 2006 Sworn to and subscribed before me this~dayof Otu~r 20'0(" - ~"^-.~ Notary Public S, ESQUIRE Patenaude & Felix, A.P.c. 213 E. Main Street Carnegie, P A 15106 (412) 429-7675 NOTARIAl. SEAL J"'~ N WTZn~ "IV f\.lP"c I~. ~LJGHtt(t COUNIW 'n Expl,.. JI.tI t\. .'0 " . '" . l .,," I, GREGG L. MORRIS, attorney for Plaintiff, T ARGET NATIONAL BANK , hereby certify that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: LEEANN C CARLSON l11 SALEM CHURCH RD MECHANICSBURG, P A 170502835 Date: December 19,2006 s, sqmre naude Felix, A.P.c. Attorneys for Plaintiff 213 E. Main Street Carnegie, P A 15106 (4l2) 429-7675 ro-:> c:':""l ~ c..~ o I' ! C-) f""'..,) 0" o "'Tl ::;:l f~l ;::; ~ a -0 _~.c- -"".- .A~~;~ ;> :.0 -< c...) (.A) 1''00.)