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Home My WebLink About09-7675IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. Oq - 7075 0"'i' k TlerM V. ROSCOE MILLS Defendant(s) COMPLAINT IN CIVIL ACTION 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 PF_PA_11 Cmplt Cvr Sht P&F File No. 09-42205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. ROSCOE MILLS 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. NO. Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as 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. 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 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 PA-2 I Notice to Defend P&F File No. 09-42205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. ROSCOE MILLS Defendant(s) COMPLAINT IN CIVIL ACTION NO. AND NOW, comes Plaintiff, TARGET NATIONAL BANK, 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, 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 ROSCOE MILLS, an adult individual, believed to currently reside at 704 OLSON DR CARLISLE, PA 17013-1550. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4352371714331791, 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 $3,161.56 on said account plus interest at 0.00 %. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. PA-05 Civil Cmplt Crdt Crd P&F File No. 09-42205 6. Defendant assented to the correctness of the balance by making payments on the account. 7. 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 by continuing to extend credit to Defendant(s). 8. 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 $3,161.56, plus interest and costs. 9. By making payments andy 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. 10. 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. 09-42205 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $3,161.56, 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 Date: July 16, 2009 Respectfully submi Patenaude & Fe Gregg L. o is, s 213 Er296-7 Str t Carne 106 (412) 5 PA-05 Civil Cmplt Crdt Crd P&F File No. 09-42205 TARGET" *00000* Account Number: XXXX XXXX-XXXX-1791 Account Identification Number: 00022427442 ROSCOE MILLS Statement Closing Date: June 16, 2009 Page 1 of 2 Target Visa Credit Card Account Summary Total Credit Limit $2,800 Cash Limit $0 Available Credit $0 Portion Available for Cash $0 The Cash Limit is a portion of the Total Credit Limit Questions? Go online or call us: Manage My REDcard Target.com/redcard 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 $3 043 85 Payments & Credits , . 0 00 Purchases & Advances . 0 00 Other Charges . 39 00 FINANCE CHARGES . 78.71 New Balance $3,161.56 Amount Past Due $401.56 Minimum Payment Due $551 27 (includes any Amount Past Due) . Payment Due Date July 11, 2009 Payments & Credits No payments or credits were received last month. Other Charges Jun. 10 LATE PAYMENT FEE $39.00 Total Other Charges $39.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 0 TARGET INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number XXXX-XXXX-XXXX-1791 New Balance $3,161.56 Minimum Payment Due $551.27 Payment Due Date July 11, 2009 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 3001000055127031615690777700022427442971 ROSCOE MILLS 704 OLSON DR CARLISLE, PA 17013-1550 1111'I?IIIII'111111??IIIIIIIIIIII1?11'1'1IIIIII?1111?11'l l?'II Amount Enclosed $ TARGET *00000* Account Number: XXXX-XXXX-XXXX-1791 Account Identification Number: 00022427442 ROSCOE MILLS Statement Closing Date: June 16, 2009 Page 2 of 2 Finance Charges Days in Billing Period: 31 Daily Corresponding A Average Periodic Transaction Balance Type Periodic Rate nnual Percentage Rate Daily FINANCE Balance CHARGE FINANCE Purchases Cash 0.08216% 29.99% $3,090.49 $78.71 CHARGE $0 00 0.08216% 29.99% $0.00 $0.00 . $0.00 Total FINANCE CHARGES: $78.71 Actual AN NUAL PERCENTAGE RATE: 29.990/9 Your periodic rate(s) and corresponding Annual Percentage Rate(s) for purchases and cash advances may vary There is a minimum FINANCE CHARGE of $1.00 for any billing period in which a Finance Charge is imposed. 22427442 In Court udicial (Circuit/District) Original Creditor Name: TARGET NATIONAL BANK Debtor Name: MILLS, ROSC'OE Co-Debtor Name: NAN Number: N00000030229149 Account Number: ************1791 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA COUNTY OF HENNEPIN ss: The undersigned, KEVIN MARKLING 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 $3161.56. 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, an based upon the books and business records of TARGET ZONAL BANK. Authorized Agent of TARGET YATIONAL BANK Subscribed and sworn to before Me on 30th day of June, 2009 ary Public MMnMnNw?w'J' x My commission expires: ?/ ?? • JANICE L. LOKEN ************ NOTARY PUBLIC MINNESOTA 1791 My Commits?on Expires Jen. 31, 2013 2 A144 PATENAUDE & FELIX, A.P.C R r 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, KEVIN MARKLING, 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. KEVIN MARKLING Authorized Agent of TARGET ************1791 A144 PATENAUDE & FELIX, A.P.C 0 ray yy r ?• rv? x'18. W PA Arr- r Clc.?'' ?{3c?q R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ? 7HE? P???AAY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?o??ytp at ? u mbcry?hD 2009 NOY 17 AN 8: Q Target National Bank vs. Roscoe Mills Case Number 2009-7675 SHERIFF'S RETURN OF SERVICE 11/13/2009 03:50 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 13, 2009 at 1550 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Roscoe Mills, by making known unto himself personally, at 704 Olson Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 16, 2009 SO ANSWERS, ?I G'W R THOMAS KLINE, SHERIFF By uty Sheriff c CountySuite Sheriff. Teieosoft. Inc. Defendant ROSCOE MILLS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff, vs. ROSCOE MILLS Case No.: 09-7675-Civil Term CIVIL ACTION - LAW Defendant. ANSWER AND NOW, this 18`h day of November, 2009, comes the defendant ROSCOE MILLS, who admits, denies, and alleges as follows: 1. Defendant, ROSCOE MILLS, admits to the facts contained in paragraph one, that the plaintiff, TARGET NATIONAL BANK, is a corporation and for the purposes of this litigation, maintains a place of business c/o Patenuade & Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant, ROSCOE MILLS, admits to the facts contained in paragraph two; that he is an adult individual residing at 704 Olson Drive, Carlisle, PA 17013. 3. Defendant, ROSCOE MILLS, admits the facts alleged in paragraph three, that he opened a Target National bank account with the Plaintiff bearing account number 4352371714331791, for the purchase of goods and services. 4. Defendant, ROSCOE MILLS, denies facts alleged in paragraph four, that he has made or authorized a number of purchases and owes $3161.56 on the account plus interest at 0%. 5. Defendant, ROSCOE MILLS, cannot admit or deny facts alleged in paragraph five, that the Plaintiff maintains accurate books of account recording all credits and debits to the account. 6. Defendant, ROSCOE MILLS, denies facts alleged in paragraph six, that she assented to the correctness of the balance by making payments on the account 7. Defendant, ROSCOE MILLS, admits facts alleged in paragraph seven, that she received monthly billing statements setting forth the nature and amount of all charges. 8. Defendant, ROSCOE MILLS, denies facts alleged in paragraph eight, the she has refused to pay, and now refuses to pay the balance due and owing on the account in the sum of $3161.56, plus interest and costs 9. Defendant, ROSCOE MILLS, denies the facts alleged in paragraph nine, that by failing to object or dispute the statements, she has assented to and agreed to the correctness of the balance due on the credit card so as to constitute an account stated. 10. Defendant, ROSCOE MILLS, denies facts alleged in paragraph ten, despite repeated demands, she has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED: November 18, 2009 1 Defendant ROSCOE MILLS VERIFICATION I, Defendant, ROSCOE MILLS, verify that the facts set forth in this answer are true and correct to the best of my knowledge, information, and belief DATED:Z12?1-,?2P? iA 60??- a/- Defendant ROSCOE MILLS FILE',,., ?",E OF- THE, "TA Y 2009 NOV 25 Fs+ 3: 21 cu;v` Y ?- r L-;Ei 21114 SEP 15 PH 2:03 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK V. ROSCOE MILLS Plaintiff Defendant(s) NO. 2009-07675 PRAECIPE TO DISCONTINUE WITH PREJUDICE 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_169 Prcp Disc with Pride P&F File No. 09-42205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK V. ROSCOE MILLS Plaintiff Defendant(s) NO. 2009-07675 PRAECIPE TO DISCONTINUE WITH PREJUDICE TO: Prothonotary Please discontinue the matter captioned above with prejudice, upon payment of costs only. Thank you. Date: September 10, 2014 Sworn to and subscribed before me this \04*?lay of , 20 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Brandi Tucci, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Dec. 28, 2014 MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES Respectfully submitted: Patenaue,J Felix, A.P.C. tr 5106 12) 429- 75 PA_I69 Prcp Disc with Prjdc P&F File No. 09-42205 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: Roscoe Mills 704 Olson Dr Carlisle PA 17013-1550 Date: September 10, 2014 uire x, • C. treet arnegie, PA 15106 (412) 429-7675 PA_169 Prep Disc with Prjdc P&F File No. 09-42205