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Home My WebLink About06-5502GREGG 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, ) V. ) HEATHER A HOWARD, ) Defendant(s). ) NO.OCo 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. ) HEATHER A HOWARD, ) 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. 01; - 6-'02 n??j v. HEATHER A HOWARD, 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 HEATHER A HOWARD, an adult individual, believed to currently reside at 4655 CREEKVIEW RD.,, MECHANICSBURG, PA 17050. 3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account with Plaintiff being Account No. 4352376683478556 j or the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 06/13/06, Defendant owes $3,642.24 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 $3,642.24, 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 $3,642.24, 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: Patenaude & Felix, A.P.C. , ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 TARGET. Account Number: 4352-3766-8347-8556 Statement Closing Date: June 10, 2006 HEATHER A HOWARD Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $3,607.24 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: New Balance $3,642.24 Target Credit Services 1-888-755-5856 Amount Past Due $843.16 TDD/TDY 1-800-347-5842 Minimum Payment Due $3,642.24 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date July 5, 2006 Payments & Credits No payments or credits were received last month. Other Charges Jun. 4 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.06821% 24.90% $0.00 $0.00 $0.00 Cash 0.06821% 24.90% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION (D' INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED HEATHER A HOWARD PO BOX 1131 MECHANICSBURG, PA 17055-1131 1,111IL111111„IIIIIILIIIIIILIIIIIIIIIIIIIIIIIIIIIIIIIJ111 Account Number 4352-3766-8347-8556 New Balance $3,642.24 Minimum Payment Due $3,642.24 Payment Due Date July 5, 2006 Amount Enclosed $ p, /: ? ; t 'Iq ?, III -6 . 11 ? 6 -3 7000500364224036422490435237668347855671 I- . In Court Judicial (Circuit/District) Original Creditor Name: TARGET NATIONAL BANK Debtor Name: HOWARD, HEATHER A Co-Debtor Name: Account Number: 4352376683478556 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA COUNTY OF HENNEPIN ss: The undersigned, CHRISTIE COMES 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 $ 3642.24. 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 N TIONAL BANK. Authorized Agent of TARGET NATIONAL BANK Subscribed and sworn to before Me on 20th day of June, 2006 Notary public / My commission expires: ?e< MARGARET LOLSEN s,I Notary Public 15 Minnesota My Commission Expires January 31 2008 4352376683478556 A144 PATENAUDE & FELIX, A.P.C .2oj-6 . /I `2a3 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. Christie Comes Authorized Agent of Target National Bank/Target Visa 4352376683478556 A144 PATENAUDE & FELIX, ARC C? wig'. Tl ) r^ rT7 -0 (Ai "? '' t rv \ Cf CA A '"? OLO SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05502 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TARGET NATIONAL BANK VS HOWARD HEATHER A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named PLAINTIFF HOWARD HEATHER A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named PLAINTIFF , HOWARD HEATHER A 4655 CREEKVIEW ROAD MECHANICSBURG. PA 17050 DEFENDANT DOES NOT LIVE AT 4655 CREEKVIEW ROAD. Sheriff's Costs: So answers: Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80./ PATENAUDE & FELIX 10/09/2006 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. HEATHER A HOWARD Defendant(s) NO. 06-5502 PRAECIPE TO REINSTATE COMPLAINT TO: Prothonotary Please reinstate Complaint in Civil Action on behalf of Plaintiff, TARGET NATIONAL BANK and against Defendant(s), above named. Thank you. Date: submitted: Felix, A.P.C. Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_ 159 Prcp to Reinst Cmplt P&F File No. 2050.11703 c"? P n CD 'sJ SHERIFF'S RETURN - REGULAR CASE NO: 2006-05502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TARGET NATIONAL BANK VS HOWARD HEATHER A MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOWARD HEATHER A the PLAINTIFF , at 1234:00 HOURS, on the 29th day of October , 2007 at 4201 GETTYSBURG RnAn CAMP HILL, PA 17011 by handing to KEVIN ROTHARMEL, BOYFRIEND, ADULT IN CHARGE 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 13.44 Postage .58 Surcharge 10.00 .00 1oJ3110 7 ? 42.02 Sworn and Subscibed to before me this day So Answers: I i? ,,ac R. Thomas Kline 10/30/2007 PATENAUDE & FELIX By: eputy Sh iff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-5502 V. HEATHER A HOWARD Defendant(s) 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 PA_119 Prcp Def Jg Both P&F File No. 2050.11703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. HEATHER A HOWARD Defendant(s) NO. 06-5502 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an. Answer to Plaintiffs complaint. Amount claimed in Complaint $3,642.24 Interest from June 13, 2006 $0.00 Less payments received $0.00 Attorney's fees $0.00 TOTAL $3,642.24 With continuing interest on the principal amount of $3,642.24, 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/4f the Notice is attached. Felix, A.P.C. Date: Gregg . Morris, Esquire 213 E. Pain Street Carnegi PA 15106 (412) 429-7675 PA 119 Prcp Def Jg Both P&F File No. 2050.11703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. HEATHER A HOWARD Defendant(s) NO. 06-5502 PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(b) COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), HEATHER A HOWARD, 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. submitted: Date: Sworn to and subscribed before me this day of C• , 2(aa7 Notary PubTicVOMMONO,'EALTH OF PENNSYLVANIA Notarial Seal n Carolyn J. Stewart, Notary Public Carnegie Born, Alleaheny County My Commission Expires Aug. 14, 2011 Member, Pennsylvania Association of Notaries Felix, A.P.C. Morris, Esquire 2 3 E Main Street Carn gie, PA 15106 (412) 29-7675 PA 120 Aff of Non Mil P&F File No. 2050.11703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. HEATHER A HOWARD Defendant(s) NO. 06-5502 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-1 l 1 10 Day Dl P&F File No. 2050.11703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-5502 V. HEATHER A HOWARD Defendant(s) To: Heather A Howard 4201 OLD GETTYSBURG RD LOT 16 CAMP HILL PA 17011 Date of Notice: November 20, 2007 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 RespecIfully submitted: elix, A.P.C. Date: Zing L. T Iorris, Esquire 213 E. Main Street Camegie, PA 15106 (412) 429-7675 PA-1 1 1 10 Day D1 P&F File No. 2050.11703 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: Heather A Howard 4201 OLD GETTYSBURG RD LOT 16 CAMP HILL PA 17011 Date: PA_111 10 Day D1 P&F File No. 2050.11703 Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-5502 V. HEATHER A HOWARD 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. 2050.11703 cry ` 9 a C = ' q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. HEATHER A HOWARD Defendant(s) NO. 06-5502 NOTICE OF ORDERoDECREE OR JUDGMENT AGAINST HEATHER A HOWARD ONLY TO: ( )Plaintiff ( x )Defendant ( )Garnishee '( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on /per p7 ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X ) Judgment of ( ) Confession ( ) Verdict ( ) Court Order ( X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award ( X) Judgment in the amount of $3,642.24, plus costs. ( ) District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. Prothonotary By _r?- 7 d OC6 If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 PA-123 Ntc Jgmt Both P&F File No. 2050.11703