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Home My WebLink About14-6656 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: R1 Complaint 0 Writ of Summons ❑ Petition C3 Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: JOSEPH G STEVICK C TD BANK USA,N.A. T Dollar Amount Requested: M within arbitration limits I Are money damages requested? FN Yes nNo (Check one) El outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes No Is this an MDJ Appeal? El Yes N No A Name of Plaintiff/Appellant's Attorney: Syretta Martin, Frank Janello, Beth Arnold Howell, Karni S. Miller, Christophr Titus [] Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case:Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution 0 Debt Collection: Credit Card n Board of Assessment El Motor Vehicle N Debt Collection: Other 0 Board of Elections E3 Nuisance 0 Dept, of Transportation s 13 Premises Liability F-1 Statutory Appeal: Other E [3 Product Liability (does not include D Employment Dispute: mass tort) C 13 Slander/Libel/Defamation Discrimination T 0 Other: 13 Employment Dispute: Other 0 Zoning Board I El Other: 0 N MASS TORT E3 Other: 13 Asbestos 0 Tobacco B 0 Toxic Tort-DES C3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS M Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment M Ground Rent El Mandamus C3 Landlord/Tenant Dispute E] Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial El Quo Warranto 11 Dental 171 Partion 0 Replevin 0 Legal 1771 Quiet Title E3 Other: 0 Medical C3 Other: 0 Other Professional: Updated 111120 2928241 PPTXCPRI(07/18/2014) 11111111111111 IN 111111 II 1111111111111111 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 , Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 . 1 TELE: 215-564-1567 FAX: 215-564-3818 TD BANK USA, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, vs. CIVIL ACTION n/n C No. )q- JOSEPH G STEVICK 425 W SIMPSON ST MECHANICSBURG PA 17055-3763 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Ds 16SlS77 2928241 PPTCPADI (07/18/2014) AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 TD BANK USA, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. No. JOSEPH G STEVICK 425 W SIMPSON ST MECHANICSBURG PA 17055-3763 Defendant. COMPLAINT Plaintiff, TD BANK USA,N.A., claims as follows: 1. Defendant(s), JOSEPH G STEVICK, , is an adult individual with last known address of 425 W SIMPSON ST MECHANICSBURG PA 1.7055-3763 2. It is averred that Defendant(s) was indebted to TD BANK USA, N.A. on 05-13-06 with account number XXXXXXXXXXXX3080 (hereafter referred to as "Account"). A copy of the Defendant(s) statement is attached hereto and collectively marked as Exhibit "A". 3. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 4. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 2928241 PPTCGDCI (08/26/2014) 1111111111111 IN 11111111111111111111111111111111111111111111111111111 IN 5. Defendant(s) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 6. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 07-02-2013. 7. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $4285.87. 8. Despite reasonable demands for payment, Defendant(s) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) JOSEPH G STEVICK, in the amount of $4285.87, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitted, Dated: L Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 111ami S. Miller, Esq. PA Bar #78590 ✓Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Verification am an authorized agent and/or employee of TD BANK USA,N.A.. I am authorized to make this verification on behalf of Plaintiff. The statements of facts set forth in the complaint are true and correct based upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4C,+r3b cr Signature 2928241 PPTXVR11 (04/28/2014) IVIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIII Exhibit " A " 2928241 PPTXEXAI ( 04/17/2014 ) TARGETe '00000' Target Visa Credit Card Ac. ---t Number: XXXX-XXXX-XXXX-3080 Account Identification Number: Statement Closing Date:February 13,2014 JOSEPH G STEVICK Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $4,250.87 New Balance $4,285.87 Payments and Other Credits -$0.00 Minimum Payment Due $4,285.87 Purchases and Other Debits +$0.00 Cash Advances +$0.00 Payment Due Date 3/10/2014 Past Due Amount $986.00 If you would like information about credit counseling services, Fees Charged +$35.00 call 1-800-991-8433. Interest Charged +$0.00 New Balance $4,285.87 For questions, an address change or to report a Total Credit Limit $0.00 lost or stolen card, go online or call us: Cash Limit $0.00 Manage My REDcard Target.com/redcard Available Credit $0.00 Target Card Services 1-888-755-5856 Portion Available for Cash $0.00 TDD/TDY 1-800-347-5842 The Cash Limit is a portion of the Total Credit Limit Outside the U.S. 1-612-307-8622(Call Collect) Statement Closing Date 2/13/2014 Calling will not preserve your billing-error rights Days in Billing Cycle 31 Important • Your account has been charged off. This is your final statement. In light of the recent data breach, Target is offering all our guests one year of free credit monitoring and identity theft protection through Experian. You may request an activation code at creditmonitoring.target.com before April 23, 2014. We are doing all we can to protect your information so you can continue to shop with confidence at Target. To learn more, go to Target.com/databreach. NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES O Account Number XXXX-XXXX-Y...,., II"I IIII IIIIIIII I'I I�III I�I II'II Account Identification Number TARGET• New Balance $4,1$5.87 Minimum Payment Due $4,285.87 Payment Due Date March 10,2014 NEW PHONE.HOME OR Amount E-MAIL ADDRESS? Enclosed $ PLEASE UPDATE ON TARGET CARD SERVICES REVERSE SIDE. P.O. BOX 660170 OFFICE COPY DALLAS TX 75266-0170 I'1111111111"111111"'1"11"Jill 1111'111Ill l 111111111111111111 JOSEPH G STEVICK 425 W SIMPSON ST MECHANICSBURG PA 17055-3763 1111'1'1"'III'IIII'111161L1111111'11111'III"111'llll"'1111'• TARGET* •00000 Target Visa Credit Card Acr-ount Number: XXXX-XXXX-XXXX-3080 Account Identification Number: Statement Closing Date:February 13,2014 JOSEPH G STEVICK Page 2 of 2 Trans Date Transactions Description of Transaction or Credit Location Amount No payments or credits were received last month. Feb. 10 LATE PAYMENT FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 TIM 151001F Total fees charged in 2014 $70.00 Total interest charged in 2014 $81.25 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. #1fR ,x' :�. ,. r. � r...nrs»lYrw'a �t1�� µt i�� .. •1i_7.eSie ��-�•.�: Purchases 0.00% $4,255.38 $0.00 Cash Advances 0.00% $0.00 $0.00 There is a Minimum Charge of$1.00 for any billing period in which an interest charge is imposed. EXECUTION COPY ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement, dated as of March 13, 2013 (the "Assignment and Assumption") is entered into by (i) Target National Bank, a national banking association; Target Receivables LLC, a Minnesota limited liability company ("TRLLC" and together with Target National Bank, the "Sellers." and each a "$eller"), as the Sellers, and TD Bank USA, N.A., a national banking association (the "Purchaser"), as the Purchaser, pursuant to subsection 3.1(b)of the Purchase and Sale Agreement,dated as of October 22,2012, as amended by the First Amendment thereto, dated as of March 13, 2013 (as amended, the "Purchase and Sale Agreement"), by and among the Sellers, Target Corporation, a Minnesota corporation (the "Paren.t") and the Purchaser, and (ii) Target National Bank, as the depositee (in such capacity, the"Depositee")and the Parent, as the depositor(in such capacity, the `Depositor") as parties to the Deposit Account Agreement#1 and Deposit Account Agreement #2, each dated as of April 28, 2009 (collectively, the "Deposit Account Atzreernent"), pursuant to subsection 3.1(d) of the Purchase and Sale Agreement. Section 1. Definitions. Capitalized terms used but not defined in this Assignment and Assumption have the same meaning as set forth in the Purchase and Sale Agreement, or if such term is not defined therein, the Credit Card Program Agreement (the "Credit Card Program Agreement"), dated as of October 22, 2012, by and among the Parent, Target Enterprise, Inc., a Minnesota corporation and the Purchaser. Section 2. Assignment. (a) Purchase Agreement. (i) The Sellers hereby sell, convey and assign to the Purchaser, free and clear of all Liens, the Acquired Assets, including, without limitation,each Private Label Account and Co-Branded Account owned by Target National Bank as of the Cut-Off Time and existing as of the Closing Date, including Closed Accounts and Written-Off Accounts as of the Closing Date (the "Accounts"). (ii) All purchases and cash advances in connection with the Accounts and the Cardholder Indebtedness related to such Accounts outstanding as of the Closing Date or thereafter effected shall create the relationship of debtor and creditor between the Cardholder and the .Purchaser, respectively. (iii) The Sellers acknowledge and agree that, following the Closing Date, (x) they shall have no right, title or interest in or to, any of the Accounts or the Account Documentation related to such Accounts or any proceeds of the foregoing, and (y) the Purchaser shall extend credit directly to Cardholders. (b) Deposit Account Agreement. (i) The Depositee hereby transfers and assigns to the Purchaser all of its rights and obligations under the Deposit Account Agreement, including all deposit Liabilities currently outstanding. (ii) On the Closing Date, the Depositee hereby pays to the Purchaser an amount equal to the Deposit Liabilities held by the Depositee for the Depositor, as estimated per subsection 3.1(d)(i) of the Purchase and Sale Agreement(which payment shall be made by a deduction from the Purchase Price and is subject to final adjustment as provided in subsection 3.1(d)of the Purchase and Sale Agreement). (iii) The Depositor and Depositee agree to terminate those two certain Pledge and Security Agreements, each dated as of April 28, 2009, and the pledges therein. (iv) The Depositor and Depositee agree that notwithstanding any other provision of the Deposit Account Agreement, no interest shall accrue thereunder on or after the Closing Date_ Section 3. Assumption. (a) Purchase Agreement. (i) The Purchaser hereby assumes and shall pay, defend, discharge and perform as and when due the Assumed Liabilities upon the terms and conditions set forth in the Purchase and Sale Agreement. For greater certainty, the Purchaser will not be assuming or agreeing to pay, defend, discharge and perform the Excluded Liabilities. (ii) The Purchaser hereby agrees to purchase all the Acquired Assets and on and ager the Closing Date, the Purchaser shall be the sole and exclusive owner of the Accounts and other Acquired Assets, and shall have all rights,powers, and privileges with respect thereto as such owner. (iii) Except as expressly provided in the Credit Card Program Agreement, the Purchaser shall be entitled to (x) receive all payments made by Cardholders on Accounts, and (y) retain for its account all Cardholder Indebtedness related to Accounts and such other fees and income authorized by the Credit Card Agreements and collected by the Purchaser with respect to the Accounts and the Cardholder Indebtedness related to such Accounts. (b) Deposit Account Agreement. 2 (i) The Purchaser hereby assumes all rights and obligations of the Depositee under the Deposit Account Agreement, including all deposit Liabilities thereunder to the extent outstanding as of the Closing Date, as set forth in the Purchase and Sale Agreement. (ii) On the Business Day following the Closing Date, the Purchaser hereby agrees to pay the amount of such deposit Liabilities assumed, as estimated per subsection 3.1(d) of the Purchase and Sale Agreement, to the Depositor. Section 4. Credit Card Prog ra,�m Agreement. The terms of the operation of the Program with respect to the Acquired Assets and Assumed Liabilities will be subject to the terms and conditions of the Credit Card Program Agreement. The Parent and/or its Affiliate(s) and the Purchaser shall have the rights set forth in the Credit Card Program Agreement in accordance with the terms thereof Section 5. Counterparts. This Assignment and Assumption may be executed in two or more counterparts (and by different parties on separate counterparts), each of which shall be an original, but all of which together shall constitute one and the same instrument. Section 6. Effect of Headines. The Section headings herein are for convenience only and shall not affect the construction hereof. Section 7. Severability. In case any provision in this Assignment and Assumption shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. Section S. Governing Law. THIS ASSIGNMENT AND ASSUMPTION SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS. 3 Section 9. Effective Date. This Assignment and Assumption shall become effective as of the day and year first above written. [REMAINDER OF THE PAGE BLANK] 4 IN WITNESS WHEREOF, the parties hereto have caused this Assignment and Assumption to be duly executed by their respective officers as of the day and year first above *vvritten. TARGET CORPORATION, as the Parent and as the Depositor B Y� �, f Name: Sara J. Ross Title: Assistant Treasurer TARGET RECEIVABLES LLC, as a Seller By: — Name: Sara J. Ross Title: Vice President and Assistant Treasurer TARGET NATIONAL BANK, as a Seller and the Depositee By: i Name: Spencer ohnson Title: Vice President TD BANK USA, N.A., as the Purchaser Name: Michael Collins Title: President and CEO I Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 �r 'ti'- F't ,,' ( vr� 0 1At i Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLCU ►s I'U? ] ;` { y t 1835 Market Street, Suite 501 ;' Philadelphia, PA 19103 TELE: 215-564-1567 ` ` FAX: 215-564-3818 TD BANK USA,N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION V� JOSEPH G STEVICK vs. No. 425 W SIMPSON ST MECHANICSBURG PA 17055-3763 Defendant. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF TD BANK USA,N.A.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: "1 By: Syretta Mar in,#EsqPA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA .19103 TELE: 215-564-1567 FAX: 215-564-3818 PPTXPEAI (07/18/2014) 2928241 Attorneys For Plaintiff 11111111111111 IN 111111 111111111111111111111111111111111111111111111 111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .:r {HE PRO } Hou3Tfei,',. Jody S Smith Chief Deputy Richard W Stewart Solicitor tit u+rOper,)¢ 2014 DEC —4 (Jr 9: 57 CUMBERLAND COUNTY c,FFc OF TOE WiRIFP PENNSYLVANIA TD Bank USA, N.A. vs. Joseph G Stevick Case Number 2014-6656 SHERIFF'S RETURN OF SERVICE 11/20/2014 02:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Frances Stevick, Mother, who accepted as "Adult Person in Charge" for Joseph G Stevick at 425 W. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 SO ANSWERS, November 21, 2014 (c) CountySuite Sheriff,'teleosoft, Inc.