HomeMy WebLinkAbout06-1996
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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 10#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant(s).
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TARGET NATIONAL BANK
Plaintiff,
v.
JENNIFER M SHOLLY,
COMPLAINT IN CIVIL ACTION
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.
2 I 3 East Main Street
Carnegie, PAl 51 06
(412) 429-7675
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
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) NO.
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TARGET NATIONAL BANK ,
v.
JENNIFER M SHOLLY,
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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant.
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j NO. (~C. J'19f., CWJ -r:;......,
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TARGET NATIONAL BANK ,
Plaintiff
v.
JENNIFER M SHOLLY,
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 JENNIFER M SHOLLY, an adult individual, believed to currently
reside at 98 HERMAN AVE APT E, LEMOYNE, PA 170431974.
3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account
with Plaintiff being Account No. 4352376692253057 ,for the purchase of goods and
servIces.
4. The Defendant has made or authorized a number of purchases and as of
01/31/06, Defendant owes $1,634.51 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 $1 ,634.51, plus interest
and costs.
8. By failing to object or dispute to the statements including the statement attached
hereto as Plaintiff's 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 $1 ,634.51, 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:
patenF & Feli ,
!
I
Target National Bank
an affiliate of T3rget
Statement Closing Date: Janua;Y 24, 2006
Page 1 of 2
II II Inlll' 11 llf ~
o TARGET
Account Number: 4352-3766-9225-3057
JENNIFER M SHOLLY
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
$i ,565.89
0.00
0,00
35.00
33,62
$1.634,51
$157.00
$198.00
Questions? Call Us:
Target Credit Services 1~8BB-7S5-5856
TDD/TDY 1-800-347,5842
Outside the U.S. 11-612-307-8622 (CaJJ Collect)
Calling will not preserve your billing~error rights
February 18, 2006
Payments & Credits
No payments or credits were received Jast month.
Other Charges
Jan. 1S LATE PAYMENT FEE
Total Other Charges
$35.00
$35.00
Finance Charges
Days in Billing Period: 31
Balance Type
Purchases
Cash
Daily
Periodic Rate
0.06821 %
0.06821 %
Corresponding
Annual
Percentage Rate
24.90%
24.90%
Average
Daily
Balance
$1,589,93
$0.00
Periodic
FINANCE
CHARGE
$33.62
$0.00
Transaction
FINANCE
CHARGE
$0.00
$0,00
Total FINANCE CHARGES:
Actual ANNUAL PERCENTAGE RATE:
$33,62
24.90%
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
INCLUDE THIS PORTION WITH YOUR !>AYMENT MADE PAYAOlLE TO TARGET NATIONAL BANK
Targel National Bank an affiliate 01
o TARGET
1111111111111111111111111~11~11I1!11~111~1~11111111~1111Imilllm
Account Number 4352-3766-9225-3057
New Balance $1,634,51
Minimum Payment Due $198.00
Payment Due Date February 18, 2006
Amount I
Enclosed $
NEW PHONE. HOME OR
E-MAIL ADDRESS'
PLEASE UPDATE ON
REVERSE SIDE
1,1,1"1,1"/"/,1,/,1,1"1/",,,1/,,,,11/,,,1,,,1/1
TARGET NATIONAL BANK
P.O. BOX 59317
MINNEAPOLIS, MN 55459-0317
11,1,1"111,,111,1,11,1,11/1,,1,,1111,11.111.,,1,11111,,,1,111
OFFICE COpy
-
JENNIFER M SHOLLY
98 HERMAN AVE APT E
LEMOYNE, PA 17043-1974
1."111",1/1""1"1"11,,,,111,1,,1,,,1,1,.11,,,11,,,111",1
[ '" \r,,-\I')\ I;- '~,\ -
6000480019800016345190435237669225305771
Target National Bank
an affiliate of Target
.
11111111111111
o TARGET
Statement Closing Date: January 24, 2006
Page 2 of 2
Account Number: 4352-3766-9225-3057
JENNIFER M SHOLLY
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% off' on a full day of shopping (with your Target Visa) at Targel stores. Use your Target Visa often,
and enjoy the savings sooner'
Poinls Earned Previously
Points Earned This Month
New Balance
675
+0
675
'Subject to Target Rewards program rLlles.
Special Announcements and Exclusive Offers
Take Charge of Education
Every purchase you make can also help to support education,
Target will donate an amount equal to 1 % of your Targel Visa
purchases made at Targel and Targetcom and 112% of
purchases made elsewhere to lhe eligible K-12 school of your
choice" To enroll, visit Targetcomltcoe or call
1-800-316-6142.
'Subject to TaKe Charge 01 Educalion program rules.
,
In
Court
Judicial (Circuit/District)
Original Creditor Name: TARGET NATIONAL BANK
Debtor Name: SHOLLY, JENNIFER M
Co-Debtor Name:
Account Number: 4352376692253057
AFFIDAVIT OF ACCOUNT
STATE 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 attidavit 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 $ 1634.51.
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
~~rOTNATIONALBANK
Authorized Agent of TARGET NATIONAL BANK
Subscribed and sworn to before
Me on 7th day of February, 2006
ary public
My commission expires: #
4352376692253057
Al44 PATENAUDE & FELIX, AP,C
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O\Jr)lil!\f Public
,:I!nnesota
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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
C1A-~~
Chi'istie Comes
Authorized Agent of Target National Bank/Target Visa
4352376692253057
Al44
PATENAUDE & FELIX, AP.C
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant
) NO. 06-1996 CIVIL TERM
)
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T ARGET NATIONAL BANK,
Plainti ff
v.
JENNIFER M. SHOLLY,
PRAECIPE TO
DISCONTINUE
WITHOUT PREJUDICE
DUE TO BANKRUPTCY
Filed on behalf of
Target National Bank,
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, AP.C.
213 E. Main Street
Camegie, P A 15106
(412)429-7675
SHOLLY, JENNIFER 205 1.1 354.wpd
"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01996 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TARGET NATIONAL BANK
VS
SHOLLY JENNIFER M
SHARON LANTZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
SHOLLY JENNIFER M
the
DEFENDANT
, at 1117:00 HOURS, on the 12th day of April
, 2006
at 98 HERMAN AVENUE
LEMOYNE, PA 17403-1974
JENNIFER M SHOLLY
APT E
by handing to
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
18.00
14.08
.00
10.00
.00
42.08
Sworn and
j1f'1/IJ& ~
Subscribed to
before
me this
day of
A.D.
Prothonotary
So Answers:
r-~r/~~
R. Thomas Kline
04/12/2006
PATENAUDE & FELIX
By: