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HomeMy WebLinkAbout14-7298 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County/ V_-1)9 S 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 leadin s or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ElTransfer from Another Jurisdiction 1:1Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's NamejULIE A HARCLERODE C TD BANK USA,N.A. ( Are money damages requested? ® Yes No Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑Yes ® No A Name of Plaintiff/Appellant's Attorney: Syretta Martin, Frank Janello, Beth Arnold Howell, Kami S. Miller, Christoph r 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) CONTRACTtdo not include Judgments) CIVIL APPEALS ❑ Intentional ❑ BB -Plaind Administrative Agencies ❑ Malicious Prosecution LR'Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include ❑ mass tort) Employment Dispute: C ❑ Slander/Libel/Defamation Discrimination T ❑ Other: ❑Employment Dispute: Other ❑ Zoning Board I ❑ Other: a N ElOther: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Nan-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111120 2952&26 PPTXCPRI(11/41/2014) I lllllllf 11111 1111 111111 II 111111 VIII VIII VIII VIII VIII VIII 1111111 II IIII 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 t: Philadelphia, PA 19103 t > r � '"' 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. 1 I ' �� 1 JULIE A HARCLERODE No. 15.1.3 MARKET ST CAMP HILL PA 17011-4816 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 a4 ( 1s, 7S 2952826 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 TAL 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. JULIE A HARCLERODE No. 1513 MARKET ST CAMP HILL PA 17011-4816 Defendant. COMPLAINT Plaintiff, TD BANK USA, N.A., claims as follows: 1. Defendant(s), JULIE A HARCLERODE, , is an adult individual with last known address of 1513 MARKET ST CAMP HILL PA 17011-4816 . 2. It is averred that Defendant(s) was indebted to TD BANK USA, N.A. on 11-22-12 with account number XXXXXX4335 (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. 2952826 PPTCGDCI (08/26/2014) 11111111111111111111111 111111111111111111111111111111111111111111111 I I 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. Defendants) 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 11-13-2013. 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 $1588.04. 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 Defendants) JULIE A HARCLERODE, in the amount of $1588.04, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitted, Dated: I �� Syretta Martin, E q. 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 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: Signature 2952826 PPTXVR 11 (04/28/2014) 11111 IN Exhibit "A " 2952826 PPTXEXAI ( 04/17/2014 ) EXECUTION COPY ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement, dated as of March 13, 2013 (the "Assig?nment 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 "Seller"), 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 "Parent") 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 "DWosit Account Agreement"), 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. Assum to ion. (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 after 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 Program 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 Headings. 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 8. 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 i i I Section 9. Effective Date. This'Assighnient and Assumption shall become effective as of the day and,year first above written. [REMAINDER OF THE PAGE BLANK] f 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 written. TARGET CORPORATION, as the Parent and as the Depositor By: 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: _ a��=� Name: Spencer Mmson Title: Vice President TD BANK USA,N.A., as the Purchaser By: Name: Title: ASSIGNMENT AND ASSUMPTION 1788005-NYCSR07A-MSW 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 written. TARGET CORPORATION, as the Parent and as the Depositor By: 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: Name: Spencer Johnson Title: Vice President TD BANK USA,N.A.,as the Purchaser By: 4 (AU Name: kchaeI Collins Title: President and CEO ASSIGNMENT AND ASSUMPTION TARGET* '00000* Target Credit Card Account Number: X-XXX-XX4-335 Account Identification Number: Statement Closing Date:June 16,2014 JULIE A HARCLERODE Page 1 of 2 Summary of Account Activity Payment Information Previous Balance $1,553.04 New Balance $1,588.04 Payments and Other Credits -$0.00 Minimum Payment Due $1,588.04 Purchases and Other Debits +$0.00 Past Due Amount $466.00 Payment Due Date 7/16/2014 Fees Charged ;$35.00 If you would like information about credit counseling services, Interest Charged +$0.00 call 1-800-991-8433. New Balance $1,588.04 Credit Limit $0.00 For questions,an address change or to report a Available Credit $0.00 lost or stolen card, go online or call us: Statement Closing Date 6/16/2014 Manage My REDcard Target.com/redcard Days in Billing Cycle 31 Target Card Services 1-800-659-2396 TDD/TDY 1-800-347-5842 Outside the U.S. 1-612-307-8622(Call Collect) Calling will not preserve your billing-error rights Important • [Your account has been charged off. This is your final statement. Transactions Trans Date Description of Transaction or Credit Location Amount *am MW No payments or credits were received last month. op Jun. 13 ATE PAYMENT FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 (transactions continued on next page) NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET CARD SERVICES • Account Number X-XXX-XX4-335 (II'I IN VIII III II III VIII I'll III Account Identification Number TARGET, New Balance -*1,0t12S.U4 Minimum Payment Due $1,588.04 Payment Due Date July 16,2014 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�lllllllllr�nlhl���l��ll��llllllll�ll��lllll�lll�l�hnlllll� i JULIE A HARCLERODE 1513 MARKET ST CAMP HILL PA 17011-4816 I"11111"I'll'1111'11111'llllllllllll'IIJ�II'lllllll'llll'll�ll TARGET. •00000' Target Credit Card Account Number: X-XXX-XX4-335 Account Identification Number: Statement Closing Date:June 16,2014 JULIE A HARCLERODE Page 2 of 2 Transactions Total fees charged in 2014 $210.00 Total interest charged in 2014 $131.09 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. "fir " y: Balag utS ct♦rte -+ alattce- "Sax. �f ... ;iA!^•. ,(�� y x Purchases 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. 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 =s 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 No. 7 9U JULIE A HARCLERODE / 1.51.3 MARKET ST CAMP HILL PA 17011-4816 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: I / By: Syretta Mar , 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 Attorneys For Plaintiff PPTXPEAI (11/01/2014) 2952826 I IIIIIIII VIII IIII IIIIII II IIIIII VIII VIII VIII VIII VIII VIII IIIIIII II IIII SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 10HE PROTNCNO�T;';: Jody S Smith 2L114 DEC 33 110: f; Chief Deputy Richard W Stewart CUMBERLAND COU? : •i Solicitor nF:FicE OF THE sNF.RIFF PENNSYLVANIA TD Bank USA, N.A. vs. Julie Anne Harclerode Case Number 2014-7298 SHERIFF'S RETURN OF SERVICE 12/22/2014 05:13 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves t..e Ashl: Draisey, adult resident, who accepted as "Adult Person in Charge" for Julie Anne Har' rel e - 13 Market Street, Camp Hill Borough, Camp Hill, PA 17011. Irrip ISON, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, December 29, 2014 RONR ANDERSON, SHERIFF (C) CountySuite Sheriff, Teleosott, Inc.