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Home My WebLink About10-0077 2C-1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 10- 011 C{VII -? V. BECKY D ROSE 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 0a..0O Prs ATq Ce 4&A01o f 43j as W4 o1WT07 PF_PA_l I Cmplt Cvr Sht P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE 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 cone. Si usted desea defenderse de las demandas que se presentan mas adelante en las 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. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) COMPLAINT IN CIVIL ACTION NO. 1 - "(rw 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 National Bank 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 BECKY D ROSE, an adult individual, believed to currently reside at 430 STATE ST ENOLA, PA 17025-3032. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4352371714687465, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of November 18, 2009, Defendant(s) owes $1,020.31 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. 09-68479 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 $1,020.31, 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. 09-68479 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,020.31, 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 Court. Respectfully submi Patenaude & FeIA, A.P Date: December 09, 2009 Gregg L. is, 01 213 E. n Str t Carne , PA 106 (412) 9-7 5 PA-05 Civil Cmplt Crdt Crd P&F File No. 09-68479 • TARGETn N?VV'?!?II?VI?I?I Account Number: XXXX-XXXX-XXXX-7465 Account Identification Number: 00024612576 Statement Closing Date: I lo -w ib-!r 20, 2009 BECKY D ROSE Page 1 of 2 Target Visa Credit Card 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 Questions? Go online or call us: Manage My REDcard Target.com/redcard Target Credit Services 1-888-755-5856 TD D/TD`( 1-800-347-5842 Outside the U.S. 1-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Previous Balance $981.31 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 39.00 FINANCE CHARGES 0.00 New Balance $1,020.31 Amount Past Due $354.93 Minimum Payment Due $404.93 (includes any Amount Past Due) Payment Due Date )e :ember 15, 2009 Payments & Credits No payments or credits were received last month. Other Charges Nov. 14 LATE PAYMENT FEE $39.00 Total Other Chan It as $39.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT NFORMA r : V INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE T O TARGET NATIONAL BANK • Account Numer X H ) , - X {XX-XXXX-7465 New Balance $1,020.31 TARGETa Minimum Payment C+, f $404.93 Payment Clue Date December 15, 2009 NEW -MPHONE, HOME OR E-MAIL ADDRESS? IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItII1111IIII11II11III /amount i_n1:lOSed $ PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 IIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII BECKY D ROSE 430 STATE ST ENOLA, PA 17025-3032 IIIIIILIIIIIIIIIIJJIIIIIIIILIIIIIIIILIIIIL1111111111J1111 300040004049301020319077771)002t• =],25'76571 0. TARGET, *00000* Account Number: XXXX-XXXX-XXXX-7465 Account Identification Number: 00024612576 Statement Closing Date: November 20, 2009 BECKY D ROSE Page 2 of 2 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 0.00000% 0.00% $0.00 $0.00 00 $0.00 $0 $0.00 $0.00 Cash 0.00000% 0.00% . Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% There is a minimum FINANCE CHARGE of $1.00 for any billing period in which a Finance Charge is imposed 24612576 In Court Judicial(Circuit/District) Original Creditor Name: Target National Bank Debtor Name: BECKY D ROSE Co-Debtor Name: Account Number: XXXXXXXXXX687465 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA SS: COUNTY OF HENNEPIN The undersigned, KEVIN MARKLING states that: 1. 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 $1,020.31 . 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 ased upon the books and business Jef/ords of TaAget Na/idna,X Bank. AuthMrizedlAgent of Targ?/E National Bank Subscribed and sworn to/!//b/efore me on this 24th day of November, 2009. r NoPublic My Commission expires:- R /y?y1MiNW1iW'4N1M 4 XXXXXXXXXX6 8 74 6 5 JANICE L. LOKEN CNOC NOTARY PUBLIC-MINNESOTA My Commhtlon Explrn Jan. 31, 2013 tRAAA ffAAA^AAAAA&*AAAAAAANvvvr Y Theundersigned does hereby verify subject to penalties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities, that he is, KEVIN MARKLING, a Custodian of records for Target National Bank, Plaintiff herein, that he is duly authorized to make this Decleration 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 TARG NATIONAL BANK XXXXXXXXXX687465 CNOC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F LED -O'r',,_`CE Sheriff ()F THE FIRAK) 10TARY Jody S Smith Chief Deputy 2010 JAN -8 AM 9: 04 Edward L Schorpp . „, COUNTY CUM?3,i p?_w Solicitor PDASYLVaMA Target National Bank vs. Becky D. Rose Case Number 2010-77 SHERIFF'S RETURN OF SERVICE 01/05/2010 05:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Becky D. Rose, by making known unto herself personally, at 430 State Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO AN8WE, January 06, 2010 NY R ANDERSON, SHERIFF By De ty Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TARGET NATIONAL BANK, Plaintiff, V. BECKY D. ROSE, Defendant No. 10-077 Civil Term DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Pro Se Defendant, BECKY D. ROSE (hereinafter "Defendant"), hereby files her Answer and Affirmative Defenses to Plaintiff's Complaint and states as follows: ANSWER 1. Without knowledge, therefore denied. 2. Admit. 3. Admit. 4. Denied. 0 o c. ., C=D 5. Without knowledge, therefore denied. 6 Denied `! . . 7. Defendant admits only that she sometimes received monthly statements from Plaintiff, but denies that Plaintiff always provided monthly statements as alleged. 8. Denied. 9. Denied. 10. Denied. AFFIRMATIVE DEFENSES Without admitting any of the allegations set forth in Plaintiff's Complaint, Defendant raises the following Affirmative Defenses: 11. Estoppel. Plaintiff should be estopped from bringing this action as the purported cardholder agreement upon which Defendant has been sued should be deemed unenforceable as the interest in excess of 22% should be held to shock the conscience of this Honorable Court. Furthermore, Plaintiff should be estopped from bringing this action based upon its misrepresentation regarding monthly statements which were not always furnished to Defendant in contravention of the purported cardholder agreement upon which Plaintiff has sued. 12. Waiver. Plaintiff has waived its right to bring this action based upon its misrepresentation regarding monthly statements which were not always furnished to Defendant in contravention of the purported cardholder agreement upon which Plaintiff has sued. 13. Failure To Mitigate Damages - Plaintiff's Complaint must fail due to its failure to mitigate damages in that Plaintiff never genuinely availed itself of the opportunity to resolve this matter for a reasonable sum prior to the institution of litigation and as a result, its demand is artificially inflated by unnecessary interest, penalties, and attorney's fees. 2 WHEREFORE, Defendant respectfully requests this Honorable Court enter an order dismissing Plaintiff's Complaint and further granting any other such relief deemed necessary and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Regular U.S. Mail to Gregg L. Morris, Esq., Patenaude & Felix, A.P.C., Attorneys for Plaintiff, 213 E. Main Street, Carnegie, PA 15106, on January 20, 2010. Respectfully submitted, Becky D. Rose, o e Defendant 430 State Street Enola, PA 17025 3 PLEW r- 'E i,c TfX: F v? I T ARY ru? {G _j 0,3 Z , Cl " T-T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 2010-077 V. BECKY D ROSE Defendant(s) PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS Filed on behalf of: You are hereby notified to file a written resp within the time provided b t Rules of Civil Procedure or a judgme t ly be?ntered against you. n Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 PA-63 Mm for Judg on Pleading P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) ORDER OF COURT NO. 2010-077 AND NOW, this day of , 20_, upon consideration of the forgoing Motion, it is Ordered that said Motion is GRANTED. Judgment is entered in favor of Plaintiff, and against Defendant, BECKY D ROSE as follows: Amount claimed in Complaint $1,020.31 Attorney's fees $0.00 TOTAL $1,020.31 By the Court: J. PA_64 Order Mm Jg Pleadings P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS NO. 2010-077 AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and requests this Court to enter an Order for Judgment on the Pleadings pursuant to Pa.P.C.P. 1034 and in support thereof, aver as follows: 1. Plaintiff filed this civil action to recover $1,020.31 plus interest and costs as a result of Defendant's failure to pay in accordance with the terms and conditions of a credit card agreement. A copy of the Complaint is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. 2. Defendant filed an Answer and New Matter. The Answer and New Matter is not verified, fails to contain a notice to plead, and either admits or generally denies the allegation of the Complaint. A copy of the Answer is attached hereto Plaintiffs Exhibit "B" and is incorporated herein by reference. 3. A general denial or a demand for proof has the effect of an admission. Pa.R.C.P.1029. PA-63 MM for Judg on Pleading P&F File No. 09-68479 4. In all cases, the Court may enter a judgment against a party upon admission. Pa.R.C.P. 1037(c). WHEREFORE, Plaintiff respectfully requests the Court to enter the Order attached hereto. & Belix, A.P.C. ?Main Street gie, PA 1510 429-7675 PA-63 Mm for Judg on Pleading P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) NO. COMPLAINT IN CIVIL ACTION Filed on behalf of: TARGET NATIONAL BANK Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 469006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PLAWflFM- PF_PA_I I Cmplt Cvr Sht P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE 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 las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demands 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 INotice to Defend P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE 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 National Bank 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 BECKY D ROSE, an adult individual, believed to currently reside at 430 STATE ST ENOLA, PA 17025-3032. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4352371714687465, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of January 01, 1980, Defendant(s) owes $1,020.31 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. 09-68479 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 $1,020.31, 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. 09-68479 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,020.31, 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 Court. Respectfully submitted: Patenaude & Felix, A.P.C. Date: December 09, 2009 Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-05 Civil Cmplt Crdt Crd P&F File No. 09-68479 TARGET. '00000' Account Number: XXXX-XXXX-XXXX-7465 Account Identification Number: 00024612576 Statement Closing Date: November 20, 2009 BECKY D ROSE Page 1 of 2 Target Visa Credit Card 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 Questions? Go online or call us: Manage My REDcard Target.comlredcard Target Credit Services 1-888-755-5856 TDDITDY 1-800-347-5842 Outside the U.S. 1.612-307-8622 (Call Collect) Calling will not preserve your biAing-error rights Previous Balance $961.31 Payments & Credits 0.00 Purchases 8 Advances 0.00 Other Charges 39.00 FINANCE CHARGES 0.00 New Balance $1,020.31 Amount Past Due $364.93 Minimum Payrnent Due $404.93 (includes any Amount Past Due) Payment Due Date December 16, 2009 Payments & Credits No payments or credits were received last month. Other Charges Nov. 14 LATE PAYMENT FEE $39.00 Total Other Charges $39.00 Tared Nab al Barra, an Omme of Target &aea NOTICE: SEE REVERSE 610E FOR IMPORTANT INFORMATION G), Account Number XXXX-XXXX-XXXX-7465 New Balance $1,020.31 Minimum Payment Due $404.93 Payment Due Date December 15, 2009 NEW PHONE. HOME OR E-MAIL AODRES37 PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY INCLUDE TWS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANN 1111L111i1111111LI1111+11L111J11111N11111111111 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 IIr1.L11111.1111,{111111HIL111111tIJ11111N11111111611111 BECKY D ROSE 430 STATE ST ENOLA, PA 17025-3032 11111111111111111111111.1111111111 u u 11 a 11111111111111111111 Amount Enclosed $ 1 .7 [--1 3000400040493010203190777700024612576571 Account Number: XXXX-XXXX-XXXX-7465 Account Identification Number: 00024612576 Statement Closing Date: November 20, 2008 BECKY D ROSE Page 2 of 2 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 0.00000% 0.00% $0.00 $0.00 $0.00 Cash 0.0000096 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% 'there is a minimum FINANCE CHARGE of $1.00 for any billing period in which a Finance Charge is imposed. W812576 In Court Judicial(Circuit/District) Original Creditor Name: Target National Bank Debtor Name: BECKY D ROSE Co-Debtor Name: Account Number: XXXXXXXXXX687465 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA SS: COUNTY OF HENNEPIN The undersigned, KEVIN MARKLING states that: 1. 1 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 $1,020.31 . 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 ased upon the books and business Q? ords of Talaet Na?i Bank. izedrAgent of Targ* National Bank Subscribed and sworn tofbefore me on this 24th day of November, 2009. Public N expires: R HNNNAAAAIVIM ?. XXXXXXXXXX687465 JANICE L. LOKEN CNOC NOTARY PUBLIC-MINNESOTA My Cairipkn EXOM fie. 3L 7013 r p Theundersigned does hereby verify subject to penalties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities, that he is, KEVIN MARKLING, a Custodian of records for Target National Bank, Plaintiff herein, that he is duly authorized to make this Decleration 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 TARG NATIONAL BANK XXXXXXXXXX687465 CNOC M. 1A241q 04-1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TARGET NATIONAL BANK, Plaintiff, V. BECKY D. ROSE, Defendant No. 10-077 Civil Term DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Pro Se Defendant, BECKY D. ROSE (hereinafter "Defendant"), hereby files her Answer and Affirmative Defenses to Plaintiff s Complaint and states as follows: ANSWER 1. Without knowledge, therefore denied. 2. Admit. 3. Admit. 4. Denied. 5. Without knowledge, therefore denied. 6. Denied. 7. Defendant admits only that she sometimes received monthly statements from Plaintiff, but denies that Plaintiff always provided monthly statements as alleged. 8. Denied. 9. Denied. 10. Denied. AFFIRMATIVE DEFENSES Without admitting any of the allegations set forth in Plaintiff's Complaint, Defendant raises the following Affirmative Defenses: 11. Estoppel. Plaintiff should be estopped from bringing this action as the purported cardholder agreement upon which Defendant has been sued should be deemed unenforceable as the interest in excess of 22% should be held to shock the conscience of this Honorable Court. Furthermore, Plaintiff should be estopped from bringing this action based upon its misrepresentation regarding monthly statements which were not always furnished to Defendant in contravention of the purported cardholder agreement upon which Plaintiff has sued. 12. Waiver. Plaintiff has waived its right to bring this action based upon its misrepresentation regarding monthly statements which were not always furnished to Defendant in contravention of the purported cardholder agreement upon which Plaintiff has sued. 13. Failure To Mitigate Damages -Plaintiff's Complaint must fail due to its failure to mitigate damages in that Plaintiff never genuinely availed itself of the opportunity to resolve this matter for a reasonable sum prior to the institution of litigation and as a result, its demand is artificially inflated by unnecessary interest, penalties, and attorney's fees. 2 . 4 WHEREFORE, Defendant respectfully requests this Honorable Court enter an order dismissing Plaintiff's Complaint and further granting any other such relief deemed necessary and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Regular U.S. Mail to Gregg L. Morris, Esq., Patenaude & FAix, A.P.C., Attorneys for Plaintiff, 213 E. Main Street, Carnegie, PA 15106, on January 20, 2010. Respectfully submitted, r? Becky D. Rose, 2rwie Defendant 430 State Street Enola, PA 17025 3 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: BECKY D ROSE 430 STATE ST ENOLA PA 17025-3032 Date: February 10, 2010 P a Ale & Felix, A?C. 2 3 . Main Street Carnegie, PA 15106 (412) 429-7675 PA-64 Order Mm Jg Pleadings P&F File No. 09-68479 F1 L E D- ,-.n DTAPY 20 10 FEB 16 Pill B9 IN THE COURT OF COMMON PLEAS OF CUMBERL BOUNTY, PENNSYLVANIA`S ' "' " °? TARGET NATIONAL BANK Plaintiff NO. 2010-077 V. BECKY D ROSE Defendant(s) CERTIFICATION OF SERVICE 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_103 Cert Svc Intrgs D1 P&F File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 2010-077 V. BECKY D ROSE Defendant(s) CERTIFICATION OF SERVICE I, GREGG MORRIS, attorney for Plaintiff, above named, hereby certify that a true and correct copy of Plaintiffs Motion for Judgment on Pleadings, Memorandum of Law and Praecipe for Argument were served this date by ordinary mail upon the following: BECKY D ROSE 430 STATE ST ENOLA PA 17025-3032 A brief with two copies have been served upon the Court Admi^trator as provided for by Local Rule 1028(c). Date: February 10, 2010 I P ten e & Felix, A.P.C. 3 Main Street egie, PA 15106 (412) 429-7675 PA_103 Cert Svc Intrgs DI P&F File No. 09-68479 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: BECKY D ROSE 430 STATE ST ENOLA PA 17025-3032 Date: February 10, 2010 .V 3ra?s"'squire de & Felix, A.P.C. Main Street t Carnegie, PA 15106 (412) 429-7675 PA-64 Order Mtn Jg pleadings P&F File No. 09-68479 C?- 14- 0 ,?F TH- p OTH,0NGTARY 2010 MAR -4 PM 2= 48 -'?)UNTY PENNS)'l VA"41A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) NO. 2010-077 PRAECIPE FOR ARGUMENT 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_158B Praecipe Argument Montgmry P&F File No. 09-68479 l PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) /1/a&r } (Plaintiff) vs. -D• ?P? (Defendant) No. Q Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): ., „ /) _ --r- i -Z 1173l 2. Identify counsel who will argue cases: (a) for plaiD4ff: 11 167C& (Name and'Address) (b) for defendant: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. (-/es 4. Argument Court Date: Date: ?? ?? Attorney for 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: BECKY D. ROSE 430 STATE ST ENOLA, PA 17025-3032 Date: March 01, 2010 (rte gg L. orris, Esquire enaud & Felix, A.P.C. 213 E. ain Street Carne e, PA 15106 (41 429-7675 PA 65 Certificate of Service P&F File No 09-68479 r n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT..- PENNSYLVANIA r= TARGET NATIONAL BANK ) Plaintiff ) NO. 2010-077 V. BECKY D ROSE Defendant(s) ns cs c'a rv CERTIFICATION OF SERVICE 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 03A Cert Service P&F File No. 09-68479 m v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 2010-077 V. BECKY D ROSE Defendant(s) CERTIFICATION OF SERVICE I, GREGG MORRIS, attorney for Plaintiff, above named, hereby certify that a true and correct copy of the attached Argument Court Notice was served this date by ordinary mail upon the following: BECKY D ROSE 430 STATE ST ENOLA PA 17025-3032 Date: March 15, 2010 to ude & Felix, A.P.C. E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-1 03A Cert Service P&F File No. 09-68479 L Office of the Prothonotary Cumberland County David D. Buell Prothonotary Gregg L. Morris, Esq. 213 E. Main Street Carnegie, PA 15106 DATE: March 11, 2010 TO Attorney Morris: THIS IS TO NOTIFY YOU THAT CASE NUMBER 10-077 Target National Bank VS. Becky D. Rose HAS BEEN LISTED FOR ARGUMENT ON March 31, 2010 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. David D. Buell tpr H?01 ` q Prothonotary 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: BECKY D ROSE 430 STATE ST ENOLA PA 17025-3032 *N Date: March 15, 2010 Pate u Felix, A.P.C. 213 ain Street Carnegie, PA 15106 (412) 429-7675 PA 65 Certificate of Service P&F File No 09-68479 y: IN THE COURT OF COMMON PLEAS OF CUMBERL?ND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff 2010-077 V. BECKY D ROSE Defendant(s) PRAECI E TO DISCONTINUE WITH PREJUDICE Filed on b -.half of: TARGET NATIONAL BANK Counsel of Record for This Party: Gregg L. orris, Esquire Pa I.D. #Xo 0 6 Patenaud & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429--7675 I PA-169 Prcp Disc with Prjdc P& I File No. 09-68479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. BECKY D ROSE Defendant(s) 2010-077 TO: Prothonotary Please discontinue the matter captioned above with prejudice, upon payment of costs only. Thank you. I A Respectfully 'u mitted: F'atenaude .lix, A.P.C. Date: November 02, 2010 Gr'g Mo ris, Esquire X13 ,Main treat Car egie, P' 15106 (41A) 429-3675 Sworn to and subscribed before me this day of p , _, 20/Q. Notary Public i/ COMMONWEALTH OF PENNSYLVANIA Ntotarial seal Carolyn J. Stewart. Notary Public Camegle Boro, Allegheny County My Commission Expires Aug. 14, 2011 Member, Pennsylvania Association of Notaries PA-169 Prcp Disc with Prjdc P&i' File No. 09-68479 I, GREGG MORRIS, attorney for Plaintiff, TARGET NA certify that a true and correct copy of foregoing document was served upon the following: Becky D Rose 430 State St Enola PA 17025-3032 Date: November 02, 2010 AL BANK, hereby date by ordinary mail Pat aude & e 21 E. Main ti C rnegie, PA '1: ( 2) 429=76 5 , Esquire ix, A.P.C. ;et 106 PA-169 Prcp Disc with Prjdc P&I' File No. 09-68479