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HomeMy WebLinkAbout06-4671GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff, V. JONATHAN PECK, Defendant(s). NO. (:?)(e - 41,11 eic, r ? COMPLAINT IN CIVIL ACTION Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, ) Plaintiff, ) NO. V. ) JONATHAN PECK, ) Defendant. ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff ) NO. QL -- -`7r v. ) JONATHAN PECK, ) Defendant. ) COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, TARGET NATIONAL BANK, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: Plaintiff, TARGET NATIONAL BANK, is a corporation and for the purpose of this litigation, maintaining a place of business c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant is JONATHAN PECK, an adult individual, believed to currently reside at 129 2ND ST, ENOLA, PA 170253204. 3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account with Plaintiff being Account No. 4352376705494268 j or the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 06/07/06, Defendant owes $4,668.07 on said account plus interest. Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. The Defendant has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant, and the transactions between Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied. The Defendant made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $4,668.07, plus interest and costs. By failing to object or dispute to the statements including the statement attached hereto as Plaintiffs Exhibit "A", Defendant has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $4,668.07, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: .C. -WG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 TARO" dmW?l?! Account Number: 43523767-05494268 Statement Closing Date: June 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $D Previous Balance $4,633.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $D - Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 Questions? Call Us: Target Credit Services 1.888-755-5856 TDDrrDY 1-800-3475842 Outside the U.S. 11-612-307-8622 (Calf Collect) Calling will not preserve your billing-enor rights New Balance $4,666.07 Amount Past Due $916.08 Minimum Payment Due $4,868.07 (includes any Amount Past Due) Payment Due Date June 29, 2006 Payments & Credits No payments or credits were received last month. Other Charges May 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $0.00 $0.00 $0.00 Cash 0.06000% 21.90% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% T.M.t N*l W Slink. An eaMte dTaWt aloes NOTICE: SEE REVERSE SIDE FOR IMPORTANT NFOR MATION 0 TARGE'G NEW PHONE, NOW OR EMAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED NCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK IIIIIIIINIIIII8IHIIIIIIIIIIIIIIII /11111111 /1111111 1111 II 111 III I I III Its if IIII 11 11111'1 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 IIIIIIIIIfill III III I1I1I1UIIlII 11111111111111111111111111111 Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date June 29, 2006 Amount Enclosed $ e,:6,f hfi" 7001250466807046680790435237670549426871 In Court (Circuit/District) Original Creditor Name: TARGET NATIONAL BANK Debtor Name: PECK, JONATHAN Co-Debtor Name: Account Number: 4352376705494268 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA COUNTY OF HENNEPIN as: The undersigned, CHRISTIE COMES states that: I am a representative of TARGET NATIONAL BANK and am authorized to Verify current balances due and owing to TARGET NATIONAL BANK on credit card accounts. 2. As of the date of this affidavit I have reviewed the records of the above listed person and account, and that the amount due and owing to TARGET NATIONAL BANK on this account, over and above all known legal set offs is $ 4668.07. 3. That reasonable inquiry has been made to determine if the defendant is in the military service of the United States of America, and to the best of my knowledge that defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. That the above information is true to the best of my knowledge, information and belief, and based upon the books and business rec ds of TARGET NATIONAL BANK. Authorized Agent of TARGET NATIONAL BANK Subscribed and sworn to before Me on 13th day of June, 2006 wti MARGARET L OLSEN Notary public s Notary Public Minnesota My Cwnmmsion ExpsJanuary 3l 2D08 My commission expires: ClJ a 4352376705494268 A144 PATENAUDE & FELIX, A.P.C The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that she is, Christie Comes, Assistant Secretary, of Target National Bank, Plaintiff Herein, that she is duly authorized to make this Declaration, and hat the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. Christie Comes Authorized Agent of Target National Bank/Target Visa 4352376705494268 A144 PATENAUDE & FELIX, A.P.C Vi "Na C> o ? rn G ..G rn SHERIFF'S RETURN - REGULAR CASE NO: 2006-04671 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TARGET NATIONAL BANK VS PECK JONATHAN KENNETH GOSSERT Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PECK JONATHAN the DEFENDANT at 2010:00 HOURS, on the 23rd day of August , 2006 at 129 SECOND STREET ENOLA, PA 17025 by handing to JONATHAN PECK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff': Costs: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.08 v? 08/24/2006 (? q j,&I c L PATENAUDE & FEL IX Sworn and Subscibed to By: 1?? /?? / before me this day ep t S ff r1 of A.D. , Sheriff or Deputy Sheriff of So Answers: Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com Attorney for Defendant TARGET NATIONAL BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4671 CIVIL TERM JONATHAN PECK, NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter pursuant to Pa. R.C.P. 2252(d) within 20 days from service hereof or a default judgment may be filed against you. FREEBURN & HAMILTON Defendant By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/2/07 Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com TARGET NATIONAL BANK, Plaintiff V. JONATHAN PECK, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4671 CIVIL TERM DEFENDANT'S ANSWER WITH NEW MATTER AND NOW comes Defendant, Jonathan Peck, by his attorney, Richard E. Freeburn, Esquire, and files the following Answer with New Matter: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. S. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 7. It is admitted that Defendant has made payments. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and strict proof thereof is demanded at the time of trial. 8. This paragraph contains no averments of fact, only conclusions of law, to which no answer is required. By way of further answer, Defendant specifically denies that he has assented to and agreed to the correctness of the balance due on the account. 9. Defendant denies that he has failed to make installment payments. The allegation that the full amount of the account is now due and payable as a result of any alleged failure on Defendant's part to make payments constitutes a conclusion of law to which no answer is required. To the extent that a court determines that this paragraph constitutes an averment of fact, the same is specifically denied. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 2 NEW MATTER 10. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited or reduced by virtue of accord and satisfaction. 11. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of duress. 12. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of estoppel. 13. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of failure of consideration. 14. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of illegality. 15. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of laches. 16. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of payment. 17. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of frauds. 18. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of limitations. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 3 Respectfully Submitted, FREEBURN 8s HAMILTON ? Da? By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/2/07 Counsel for Defendant 4 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: , 6?, U?- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant's Answer and New Matter has been duly served on the following this 2nd day of August, 2007, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregg L. Morris, Esquire PATENAUDE & FELIX, APC 213 East Main Street Carnegie PA 15106 BY: 9L-., CGeorgianlQe Hes , Assistant to Richard E. Freeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/2/07 Attorney for Defendant o d o C ? -n T] rTl.r -': Cy -- ? GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID #69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. JONATHAN PECK, Defendant NO. 0(o-14(o7 l Civi (-Fea-M PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER, NEW MATTER AND MEMORANDUM OF LAW IN SUPPORT OF OBJECTIONS Filed on behalf of: Ford Credit, Plaintiff You are hereby notified to file a written response within the time provid by the Rules of Civil Procedure or you. yetered against a jue /a? yb 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 Gregg L. Morris, Esquire You are hereby notified to file a Patenaude & Felix, A.P.C. written response within the time 213 East Main Street provided by the Rules of Civil Carnegie, PA 15106 Procedure or a judgment may be (412) 429-7675 entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK ) NO. Plaintiff ) V. ) JONATHAN PECK, ) Defendant ) PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, files the following Plaintiff's Preliminary Objections to Defendant's Answer and New Matter, and in support thereof, aver as follows: FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. Pa.R.C.P.1028(a)(2) 1. Plaintiff filed a long form Complaint in Civil Action for default of an account stated 2. Defendant filed an Answer with New Matter. A copy of Defendants' Answer to Plaintiff's Complaint is attached here as Plaintiff's Exhibit "A" and incorporated herein by reference. 3. The Rules require the material facts which support a claim or defense to be set forth in summary form. Pa.R.C.P. 1019(a). 4 Defendant's Answer contains multiple separate paragraphs but fails to aver a single material fact to support the claim or defense in the Answer. 5. Defendant fails to aver a single material fact to support the averments of Defendant's New Matter set forth in Paragraphs numbered 10 to 18 all are in violation of the Rules. Pa.R.C.P. 1019(a). 6. Plaintiff will be prejudiced unless the Court enters the attached order. WHEREFORE, Plaintiff respectfully requests the Court enter the attached Order and any additional relief the Court deems appropriate under the circumstances. hauire & F A.P.C. 2 3 East Main Str t amegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK ) NO. Plaintiff ) V. ) ) JONATHAN PECK, ) Defendant ) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PRELIMINARY OBJECTIONS 1. PROCEDURAL HISTORY Plaintiff, filed a Complaint in Civil Action for default of automobile lease agreement. The complaint contained a notice to plead and averred that the amount in dispute to be $4,668.07. Defendant filed an Answer and New Matter. Defendant's Answer and New Matter is set forth in numbered paragraphs, but the paragraphs fails to aver a material fact which supports his claim(s) or defense(s) to Plaintiff's complaint. These preliminary objections are filed on behalf of Plaintiff in response to Defendant's Answer and New Matter. II QUESTION I PRESENTED A) Whether Defendant may file an Answer and New Matter which fails to comply with the Rules of Civil Procedure SHORT ANSWER: No. III LEGAL ARGUMENT The Rules of Civil Procedure provide that every pleading shall be divided into paragraphs numbered consecutively. Pa.R.C.P Ct2. The Rules also provided that each paragraph shall contain as far as practicable only one material allegation. Pa.R.C.P. 1019(a). Although Defendant's Answer, New Matter are set forth in numbered paragraphs, the Answer fails to assert one material allegation in support of a defense. Pa.R.C.P. 1022. Pennsylvania is a fact pleading state. Signora v. Liberty Travel, 886 A.2d 284 (2005). As the Court noted in Lee v. Denner, a pleading must put the opponent on notice of what he will be called upon to meet at trial and form the issues in an action so that proof at trial may be restricted to those issues. Lee v. Denner, 2005 WL 4257626 (2005). Defendant's Answer and New Matter fails to comply with the Rules. Pa.R.C.P. 1019(a). Plaintiff will be prejudiced unless the Court enters the attached Order. WHEREFORE, Plaintiff requests the Court to enter the attached Order along with any additional relief the Court deems apprc Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freeburn@pa-injurylawyer.com Attorney for Defendant TARGET NATIONAL BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4671 CIVIL TERM JONATHAN PECK, Defendant NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter pursuant to Pa. R.C.P. 2252(d) within 20 days from service hereof or a default judgment may be filed against you. FREEBURN & HAMILTON Date: 8/2/07 By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com TARGET NATIONAL BANK, Plaintiff v. JONATHAN PECK, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4671 CIVIL TERM DEFENDANT'S ANSWER WITH NEW MATTER AND NOW comes Defendant, Jonathan Peck, by his attorney, Richard E. Freeburn, Esquire, and files the following Answer with New Matter: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 7. It is admitted that Defendant has made payments. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and strict proof thereof is demanded at the time of trial. 8. This paragraph contains no averments of fact, only conclusions of law, to which no answer is required. By way of further answer, Defendant specifically denies that he has assented to and agreed to the correctness of the balance due on the account. 9. Defendant denies that he has failed to make installment payments. The allegation that the full amount of the account is now due and payable as a result of any alleged failure on Defendant's part to make payments constitutes a conclusion of law to which no answer is required. To the extent that a court determines that this paragraph constitutes an averment of fact, the same is specifically denied. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 2 NEW MATTER 10. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited or reduced by virtue of accord and satisfaction. 11. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of duress. 12. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of estoppel. 13. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of failure of consideration. 14. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of illegality. 15. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of laches. 16. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of payment. 17. Plaintiffs Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of frauds. 18. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of limitations. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 3 Respectfully Submitted, FREEBURN & HAMILTON ?E(2,- By: Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/2/07 Counsel for Defendant 4 11 If VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ?L- ?? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant's Answer and New Matter has been duly served on the following this 2nd day of August, 2007, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregg L. Morris, Esquire PATENAUDE & FELIX, APC 213 East Main Street Carnegie PA 15106 BY: 4-0-4-•- Georgian J. Hes , Assistant to Richard E. Freeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/2/07 Attorney for Defendant J • . I, Gregg L. Morris, attorney for Plaintiff, above named, hereby certify that a true and correct copy of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: Richard E. Freeburn, Esq. 4415 North Front Street Harrisburg, PA 17110 Date: to u & Felix j At rneys for Plain i 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK ) NO. Plaintiff ) V. ) JONATHAN PECK, ) Defendant ) ORDER OF COURT AND NOW, to wit, this day of 2007 upon consideration of the Plaintiff's Preliminary Objections to Defendants Answer to Plaintiff's Civil Complaint, Plaintiff's Preliminary Objections are hereby GRANTED. Defendants' Answer and New Matter is hereby stricken. By the Court: J. cM -TI r (J r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-4671 CIVIL TERM V. JONATHAN PECK Defendant(s) ARGUMENT PRAECIPE 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_163 Mont Co Arg Prop P&F File No. 2050.11662 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Nc,"'J Nqv 1? VS. No. D 6 -? t,-) 1 ? V, 'l Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): , f - A 1 V-)_ D n1 J3 _i 1\ n_ i 1 Identify all counsel who will argue cases: (a) for plaintiffs: 2 A'S VA r ?- Ntw mx? aj?_Ia, K? r ?t ? tnaA\,& ,- jS10?D (Name and Addres ) (b) for defendants: (Name and Address) w? ? `1 110 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: u Print ur name Attorney for Date: ? INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. 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: Mr. Richard Freeburn, Esq. 4415 North Front Street Harrisburg, PA 17110 Date: PA 65 Certificate of Service 99 P4ga6dd"hx\A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No 2050.11662 p .=? t rs? q4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. JONATHAN PECK Defendant(s) NO. 06-4671 CIVIL TERM STIPULATION REGARDING DEFENDANT'S ANSWER AND NEW MATTER 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 183A Rule 1305 Notice P&F File No. 2050.11662 02/13/2008 14:41 FAX 4124297679 Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. TARGET NATIONAL BANK ) } NO. 06-4671 Plaintiff ) V. ) JONATHAN PECK, ) Defendant ) STIPULATION REGARDiN - DEFENDANT'S ANRwC+ R AND NEW MATTI?R_ 1? 002/002 Pursuant to agreement between counsel for Plaintiff and counsel for Defendant, above named, it is hereby agreed that Paragraph Numbers 10 to 1S of Defendant's New Matter are hereby stricken. Date: a- l3 • Date: -? ? i ct Richard E. Freeburn, Esq. Freebuin Hamilton Attorney for Defendant 4415 North Front Street Harrisburg, PA 17110 (71?) 671-1955 Esquire Patenaude & Felix, A-1 C. Attorneys for Plaintiff 213 E, Main Street Carnegie, PA 15106 (412) 429-7675 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: Mr. Richard Freeburn, Esq. 4415 North Front Street Harrisburg, PA 17110 Date: Z \a w G L. Moi 2113 E\-A4a'in Street Carnegie, PA 15106 (412) 429-7675 PA 65 Certificate of Service P&F File No 2050.11662 r-o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-4671 CIVIL TERM V. JONATHAN PECK Defendant(s) PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS AND MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Counsel of Record for This You are hereby notified to file a written onse within the time provi d b 1 of Civil Procedure or a j e y/re)tered against you. Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Esquire PA-63 Mm for Judgon Pleading P&F File No. 2050.11662 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. JONATHAN PECK Defendant(s) ORDER OF COURT NO. 06-4671 CIVIL TERM 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, JONATHAN PECK as follows: Amount claimed in Complaint $4,668.07 TOTAL $4,668.07 By the Court: J. PA-64 Order Mtn Jg Pleadings P&F File No. 2050.11662 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff V. JONATHAN PECK Defendant(s) PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS NO. 06-4671 CIVIL TERM 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 $4,668.07 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's Answer 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. ' By stipulation of counsel, Paragraph numbers 10 to 18 of Defendant's New Matter were stricken. A copy of the stipulation is attached hereto as Plaintiffs Exhibit "C" and incorporated herein by reference. PA-63 Mtn for Judg on Pleading P&F File No. 2050.11662 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. Date: P M gg L• 1, ain tr Carnegie, PA 151 (412) 429-7675 .C. Esquire PA-63 Mtn for Judg on Pleading P&F File No. 2050.11662 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-4671 CIVIL TERM V. JONATHAN PECK Defendant(s) MEMORANDUM F LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR JUDGMENT I. HISTORY OF THE CASE Plaintiff, filed a Complaint in Civil Action for default of an open ended credit card contract by Target National Bank under a theory of an account stated. The Complaint contained a Notice to Plead and alleged the amount in dispute to be $4,668.07 plus interest and costs. Defendant(s) filed an Answer in which Defendant(s) either admits or generally denies the allegations of the Complaint. Defendant(s) asserts that his/her income is no sufficient to pay his/her debts. II. QUESTION PRESENTED: Whether the Court should enter judgment on the pleadings when Defendant's Answer admits or generally denies the averments of the Complaint? Short Answer: Yes III. LEGAL ARGUMENT The Rules of Civil Procedure provide that either party may move for judgment upon the pleadings after the pleadings are closed. Pa.R.C.P. 1034(a). Judgment on Pleadings may properly be entered where there is no disputed facts and the moving party is entitled to a PA-63A Memo of Law Mtn Jg Pldg P&F File No. 2050.11662 judgment as a matter of law. Montgomery Hospital v. Medical Professional Liab. Catastrophic Loss Fund, 686 A.sd 532 (1996). Defendant's Answer either admits or generally denies the allegations of the Complaint. A general denial or a demand for proof has the effect of an admission. Pa.R.C.P. 1029. In considering a Motion for Judgment on Pleadings, the Court may consider on the pleadings themselves and any documents properly attached thereto. Hammerstien v. Lindsay, 655 A.2d 597 (1995). The Complaint filed at the above number and term includes a billing statement and the Affidavit of Account of TARGET NATIONAL BANK. Defendant has submitted no document or counter affidavit disputing the balance due. Pennsylvania Courts have consistently held that in order to produce an account stated, it is not necessary for Plaintiff to itemize all charges and credits. David v. Veitscher Magnesitwerke Actien Gesellschaft, 35 A.2d 346, at 349 (1944). "To produce an account stated, the account stated must be rendered, and the other party must accept, agree to or acquiesce in the correctness of the account." Summary of Pennsylvania Jurisprudence 2d. § 8:11, also see C.E. Glass v. Ryan, 70 Pa.D.&C.2d 251 (1975). Assent to the correctness of the balance may be inferred from the mere lapse of time. See Ryan, Id. at 253. Also See Restatement 2d Contracts §282. An account stated operates as an admission of its contents for evidentiary purposes. Restatement 2d Contracts §282 comment (c). Any form of general denial constitutes an admission. Pa.R.C.P. 1029(b); Swift v. Milner, 538 A.2d 28, at 31 (Pa.Super 1988). Courts have also held that a statement that a party is without knowledge or information sufficient to form a belief as to the truth of the averment will also constitute an admission when it is clear that the pleader must know whether a particular allegation is true or false. First Wisconsin Trust Co. v. Strausser, 653 A.2d 688 (Pa.Super. 1995) PA-63A Memo of Law Mtn Jg Pldg P&F File No. 2050.11662 citing Cercone v. Cercone, 386 A.2d 1 (Pa. Super. 1978) and Elia v. Olszewski, 84 A.2d 188 (Pa. 1951). Matters which have been admitted are conclusively established unless the court on motion permits withdrawal or amendment of the admission. Pa.R.C.P. 4014(d) (Emphasis added). Defendant has failed to seek a withdrawal of the admissions. IV. CONCLUSION: Defendant(s) has admitted to the averments of the complaint and a judgment on the pleadings is appropriate and proper under the circumstances. In all cases, the Court may enter a judgment against a party upon admission. Pa.R.C.P. 1037(c). WHEREFORE, Plaintiff requests the Court enter judgment against Defendant(s) in the amount of $4,668.07 plus interest and costs. submitted: Felix, A.P.C. Date: 213 E.-Main Street Carnegie, PA 15106 (412) 429-7675 PA-63A Memo of Law Mtn Jg Pidg P&F File No. 2050.11662 0 c- T=` GREGG L. MoRRis, ESQ. w PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff, v. JONATHAN PECK, Defendant(s). NO. rv a? CJl C? w 0-1 0 r -n r1i f== 'C7 ¢"?'i L'7c,; =? rL COMPLAINT IN CIVIL ACTION Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff, NO. V. JONATHAN PECK, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK, Plaintiff NO. V. JONATHAN PECK, Defendant. COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, TARGET NATIONAL BANK, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, TARGET NATIONAL BANK, is a corporation and for the purpose of this litigation, maintaining a place of business c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant is JONATHAN PECK, an adult individual, believed to currently reside at 129 2ND ST, ENOLA, PA 170253204. 3. Heretofore, the Defendant opened a TARGET NATIONAL BANK account with Plaintiff being Account No. 4352376705494268 , for the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 06/07/06, Defendant owes $4,668.07 on said account plus interest. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. The Defendant has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant, and the transactions between Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied. 7. The Defendant made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $4,668.07, plus interest and costs. 8. By failing to object or dispute to the statements including the statement attached hereto as Plaintiffs Exhibit "A", Defendant has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $4,668.07, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: Patenaude & Felix, A.P.C. /s/ GREG L. MORRI , ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 O 1111111111111111111111911?1? *00000- Account Number: 4352-3767-05494268 Statement Closing Date: June 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa 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? Call Us: Target Credit Services 1-888-755-5856 TDDrrDY 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Previous Balance $4,633.07 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 35.00 FINANCE CHARGES 0.00 New Balance $4,668.07 Amount Past Due $915.08 Minimum Payment Due $4,668.07 (includes any Amount Past Due) Payment Due Date June 29, 2006 Payments & Credits No payments or credits were received last month. Other Charges May 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $0.00 $0.00 $0.00 Cash 0.06000% 21.90% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual AN NUAL PERCENTAGE RATE: 0.00% Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION TARGET NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 7-7 Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date June 29, 2006 Amount Enclosed Is .7 7001250466807046680790435237670549426871 In Court Judicial (Circuit/District) Original Creditor Name: TARGET NATIONAL BANK Debtor Name: PECK, JONATHAN Co-Debtor Name: Account Number: 4352376705494268 AFFIDAVIT OF ACCOUNT STATE OF MINNESOTA COUNTY OF HENNEPIN ss: The undersigned, CHRISTIE COMES states that: I am a representative of TARGET NATIONAL BANK and am authorized to Verify current balances due and owing to TARGET NATIONAL BANK on credit card accounts. 2. As of the date of this affidavit I have reviewed the records of the above listed person and account, and that the amount due and owing to TARGET NATIONAL BANK on this account, over and above all known legal set offs is $ 4668.07. That reasonable inquiry has been made to determine if the defendant is in the military service of the United States of America, and to the best of my knowledge that defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. That the above information is true to the best of my knowledge, information and belief, and based upon the books and business rec ds of TARGET NATIONAL BANK. Authorized Agent of TARGET NATIONAL BANK Subscribed and sworn to before Me on 13th day of June, 2006 MARGARET L OLSEN Notary public Notary Public i Minnesota My Commiss'wn Expires January 31 2008 My commission expires: G-W 4352376705494268 A144 PATENAUDE & FELIX, A.P.C The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that she is, Christie Comes, Assistant Secretary, of Target National Bank, Plaintiff Herein, that she is duly authorized to make this Declaration, and hat the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. Christie Comes Authorized Agent of Target National Bank/Target Visa 4352376705494268 A144 PATENAUDE & FELIX, ARC Richard E. Freeburn, Esquire FREEBURN & HAMILTON ID No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 freebum@pa-injurylawyer.com TARGET NATIONAL BANK, Plaintiff V. JONATHAN PECK, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4671 CIVIL TERM DEFENDANT'S ANSWER WITH NEW MATTER AND NOW comes Defendant, Jonathan Peck, by his attorney, Richard E. Freeburn, Esquire, and files the following Answer with New Matter: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 7. It is admitted that Defendant has made payments. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and strict proof thereof is demanded at the time of trial. 8. This paragraph contains no averments of fact, only conclusions of law, to which no answer is required. By way of further answer, Defendant specifically denies that he has assented to and agreed to the correctness of the balance due on the account. 9. Defendant denies that he has failed to make installment payments. The allegation that the full amount of the account is now due and payable as a result of any alleged failure on Defendant's part to make payments constitutes a conclusion of law to which no answer is required. To the extent that a court determines that this paragraph constitutes an averment of fact, the same is specifically denied. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 2 NEW MATTER 10. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited or reduced by virtue of accord and satisfaction. 11. Plaintiffs Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of duress. 12. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of estoppel. 13. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of failure of consideration. 14. Plaintiffs Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of illegality. 15. Plaintiffs Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of laches. 16. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of payment. 17. Plaintiffs Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of frauds. 18. Plaintiff's Complaint should be dismissed with prejudice, or Defendant's claim should be limited by virtue of statute of limitations. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant. 3 Respectfully Submitted, FREEBURN & HAMILTON By: I E'G?' - Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 8/2/07 Counsel for Defendant 4 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: r?' v7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant's Answer and New Matter has been duly served on the following this 2nd day of August, 2007, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregg L. Morris, Esquire PATENAUDE & FELIX, APC 213 East Main Street Carnegie PA 15106 BY: - Georgian J. Hes , Assistant to Richard E. Freeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/2/07 Attorney for Defendant i '% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK NO. 06-4671 Plaintiff V. JONATHAN PECK, Defendant STIPULATION REQARD= DEFENDAN'T'S ANSWER AND NEW_ AIA 7M Pursuant to agreement between counsel for Plaintiff and counsel for Defendant, above named, it is hereby agreed that Paragraph Numbers 10 to 18 of Defendant's New Matter are hereby stricken. Lv-,? Date: 2 l 3• p A 7?I Richard E. Freeburn, Esq. Freeburn Hamilton Attorney for Defendaxt 4415 North Front Street Harrisburg, PA 17110 (71-D 671-195,5 Date: I ? 10, P)? ]squire Patonaude & Felix, Attorneys foT Plaintiff 213 E. Main Street Carnegie, PA 15106 (412)429-767 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: Mr. Richard Freeburn E, ESQ. 4415 North Front Street Harrisburg, PA 17110 Date: 9t s/6 i PA-64 Order Mtn Jg Pleadings P&F File No. 2050.11662 Carnegie, PA 15106 (412) 429-7675 n?i_A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff NO. 06-4671 CIVIL TERM V. JONATHAN PECK Defendant(s) REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT, JONATHAN PECK Filed on behalf of: TARGET NATIONAL BANK, Plaintiff Counsel of Record for This Party: You are hereby notified to plead to the enclosed Request for Admissions within 30 s from service hereof or a default ' d r/7nt maybe entered against you. Esq PA-70 Req Adm CC D 1 Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No. 2050.11662 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TARGET NATIONAL BANK Plaintiff ) NO. 06-4671 CIVIL TERM V. ) JONATHAN PECK ) Defendant(s) ) PLAINTIFF'S REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT, JONATHAN PECK You are hereby requested to admit the following, for the purposes of this action only, pursuant to the Rules of Civil Procedure. You are directed to file a sworn answer to this request in compliance with the Rules of Civil Procedure within thirty (30) days after service of this document. The Plaintiff is as identified in the caption of the Complaint in Civil Action filed at the above number and term and incorporated herein by reference. 2. The Defendant is as set forth in caption of the Complaint in Civil Action incorporated herein by reference. 3. Defendant applied for and opened an account with Plaintiff, being Account No. 4352376705494268 (hereinafter "Account") for the purchase of goods and services. A copy of the credit application is attached hereto as Plaintiffs Exhibit "A" and incorporated herein by reference. 4. The Defendant authorized the purchase of various item(s) of personal property, service(s) or item(s) of merchandise. 5. Defendant received the item(s) of personal property, service(s) or item(s) of PA-70 Req Adm CC D 1 P&F File No. 2050.11662 merchandise as set forth in the billing statements attached hereto as Plaintiffs Exhibit "B" and incorporated herein by reference. 6. The credits or prices charged by Plaintiff were those which Defendant agreed to pay. 7. The credits or prices charged by Plaintiff were fair, reasonable and market prices for the item(s) or services at the time they were delivered or received by Defendant. 8. There remains an unpaid balance due on the Account. 9. Defendant, received monthly billing statements from Plaintiff. Copies of the billing statements, dated August 4, 2005 to August 4, 2007, sent to Defendant, JONATHAN PECK are attached hereto as Plaintiff s Exhibit "B" and incorporated herein by reference. 10. Defendant retained those statements without objection, and made payments to Plaintiff. 11. The unpaid balance due is as more fully set forth in the prayer of the Complaint in Civil Action which has been incorporated herein by reference. ly submitted: & Felix, A.P.C. Date: G L. Morris, I a E. Main Street rnegie, PA 15106 (412) 429-7675 PA-70 Req Adm CC Dl P&F File No. 2050.11662 JUN 2 6 2006 Target National Bank an affiliate of Target (E)TARGET Target.com Statement Closing Date: August 4, 2005 Page 1 of 3 Account Number: 4352-3766-9757-3830 Jonathan Peck Target Visa Account Summary Total Credit Limit $5,000 Previous Balance $0,00 Cash Limit $750 Payments & Credits 0,00 Available Credit $4,026 Purchases & Advances 941.49 Portion Available for Cash $346 Other Charges 000 The Cash Limit is a portion of the Total Credit Limit Questions? Call Us: 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 FINANCE CHARGES 322n New Balance $973.69 Minimum Payment Due $25.00 Payment Due Date August 29, 2005 Important Messages NOTICE: On your next billing statement your Payment Due Date will change by one or two days from your regular Payment Due Date. Please look at your next billing statement and note your new Payment Due Date. Payments & Credits No payments or credits were received last month. Purchases Jul. 15 TARGET HARRISBURG, PA $71.05 Jul. 23 GIANT FOOD STORES ##035 HARRISBURG, PA 10,99 Jul. 23 STAUFFERS OF KISSEL HARRISBURG, PA 36.12 Jul. 23 LOWE'S ##522 HARRISBURG, PA 3.95 Jul. 23 STARBUCKS USA 00079376 HARRISBURG, PA 4.61 Jul. 24 STARBUCKS USA 00079376 HARRISBURG, PA 4.56 Jul. . 24 0219 SHEETZ 00002196 HARRISBURG, PA 4.79 Jul. 24 0219 SHEETZ 00002196 HARRISBURG, PA 34,90 Jul. 24 STARBUCKS USA 00027961 LOWER PAXTON, PA 3.71 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Target National Bank an affiliate of 0 TARGET NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY Account Number 4352-3766-9757-3830 New Balance $973.69 Minimum Payment Due $25.00 Payment Due Date August 29, 2005 Irlrinlrl,rl„l,l,l,irl,rlinnrilnu11111 1 111 Amount TARGET NATIONAL BANK Enclosed $ P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 111 1rIf. 1r111r11r111,111 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 III 111111111111111111 111111111 111 fill M 111111110 30000E00002500004736990435237669757383071 1,11-6 Target National Bank an affiliate of Target Statement Closing Date: August 4, 2005 Page 2 of 3 Target.com Account Number: 4352-3766-9757-3830 Jonathan Peck Purchases continued... Jul. 24 MEDIA PLAY 08181901 HARRISBURG, PA 12.71 Jul. 24 SUNOCO SVC STATION HARRISBURG, PA 8.98 Jul. 24 SUNOCO SVC STATION HARRISBURG, PA 8.57 Jul. 25 EXCITEMENT VIDEO CAMPHILL, PA 39.64 Jul. 26 TARGET HARRISBURG, PA 42.37 Jul. 26 MCDONALD'S F1965 ENOLA, PA 6.03 Jul. 26 0219 SHEETZ 00002196 HARRISBURG, PA 55.17 Jul. 26 STARBUCKS USA 00027961 LOWER PAXTON, PA 4.56 Jul. 26 AMOCO OIL 06954952 HARRISBURG, PA 12.44 Jul. 26 GULF 92035210 HARRISBURG, PA 6.00 - Jul. 27 0219 SHEETZ 00002196 HARRISBURG, PA 36.45 Jul. 27 0219 SHEETZ 00002196 HARRISBURG, PA 4.30 Jul. 27 STARBUCKS USA 00027961 LOWER PAXTON, PA 60.76 Jul. 28 0219 SHEETZ 00002196 HARRISBURG, PA 2.01 Jul. 28 STARBUCKS USA 00079376 HARRISBURG, PA 4.56 Jul. 28 A EAGLE OUTFTR00004085 HARRISBURG, PA 11.95 Jul. 28 HOLLISTER ##441 LOWER PAXTON, PA 35.00 Jul. 28 VICTORIA'S SECRET 0457 HARRISBURG, PA 14.31 Sub-total Purchases $540.49 Cash Advances Jul. 26 CASH SOVEREIGN BRANCH ##01 7177617810, PA $75.00 Jul. 26 M&T BANK 4325 HARRISBURG, PA 60.00 Jul. 28 M&T BANK/M&T 2300 COLONIA HARRISBURG, PA 101.50 Jul. 28 ONE STOP M/901 N 3RD STRE HARRISBURG, PA 41.50 Jul. 28 PSECU/630 ENOLA ROAD WEST FAIRVIEW, PA 81.50 Jul. 29 UNIMART ##4/98-100 SOUTH 2 WEST FAIRVIEW, PA 41.50 Sub-total Cash Advances $401.00 - Total Purchases & Advances $941.49 Finance Charges Days in Billing Period: 30 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $0.00 $0.00 $0.00 Casa 0.06000% 21.90°10 $12116 $2.20__ $3001 Total FINANCE CHARGES: $32.20 Actual ANNUAL PERCENTAGE RATE: 94.62% Target Rewards Status Earn a Target Rewards certificate when you rack up 1000 points. Use your Target Visa to buy food, gas, a stylish addition to your wardrobe... whatever, wherever! With every purchase, you'll earn po ints towards a Target Rewards certificate. It's good for 10% off` on a ful l day of shopping (with your Target Visa) at Target stores. Points Earned Previously 0 Points Earned This Month +328 New Balance 328 Subject to Target Rewards program riles. Target National Bank an affiliate of Target Statement Closing Date: August 4, 2005 O TMGE Page 3 of 3 1111111111111111111111111111111 Target.com Account Number: 4352-3766-9757-3830 Jonathan Peck Special Announcements and Exclusive Offers Twice as Nice for Your School! Welcome! Choose a K-12 school and we'll double our donation. We'll give 2% of REDcard purchases made at Target and Target.com, July 24 to Sept. 10.* Enroll today at Target.com/tcoe, or call 1-800-316-6142. *Subject to Take Charge of Education program rules. As a new Target Visa cardholder you can begin to enjoy the many rewards your Target Visa has to offer you. Use your Target Visa wherever Visa is accepted. Every purchase you make adds up to Target Rewards point - which adds up to really smart savings. Get seriously organized. Get closer to your reward! Make more space with California Closets. And earn 100 extra Reward points. Just buy any California Closets do-it-yourself storage solution with your REDcard, Sept. 4-10, only at Target. `Subject to Target Rewards program rules. How many rewards points do you have? Look online. Working for that reward? . Keep track of your points between statements. Also, check your balance, review recent transactions, and pay your bill. It's fast, free, and easy. Enroll at Target.com/visa. Target National Bank an affiliate of Target Statement Closing Date: September 4, 2005 O TARGET Page 1 of 2 Target.com Account Number: 4352-3766-9757-3830 Jonathan Peck Target Visa Account Summary Total Credit Limit $5,000 Previous Balance $973.69 Cash Limit $750 Payments & Credits -150.00 Available Credit $4,161 Purchases & Advances 0.00 Portion Available for Cash $341 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 14.84 New Balance $838.53 Questions? Call Us: Minimum Payment Due $21.00 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Payment Due Date September 29, 2005 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Payments & Credits Aug. 27 PAYMENT. THANKS! -$150.00 Total Payments & Credits -$150.00 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $509.77 $8.88 $0.00 Cash 0.06000% 21.90% $427.75 $7.98 $0.00 Total FINANCE CHARGES: $14.84 Actual ANNUAL PERCENTAGE RATE 18.99% NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Target National Bank an affiliate of 0 TARGET Account Number 4352-3766-9757-3830 New Balance $ 8 Minimum Payment Due $2 .00 Payment Due Date September 29, 2005 NEW PHONE. HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON 'I?rlll?l'rl'11'IIIIIII'IIII Iillll'1111'?IIIIIIIIIII Amount Enclo d $ REVERSE SIDE. TARGET NATIONAL BANK se OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 11.1. If. Ill. Ill 11.11. Ill L. Ill. 1. JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 1rilIll lu111111ulr1l1r1nfill gill 11111111111111i11i1n114111 9001500002100008385390435237669757383071 Target National Bank an affiliate of Target Statement Closing Date: September 4, 2005 0TMGET Page 2 of 2 Targetcom Account Number: 4352-3766-9757-3830 Jonathan Peck Target Rewards Status Earn a Target Rewards certificate when you rack up 1000 points. Use your Target Visa to buy food, gas, a stylish addition to your wardrobe... whatever, wherever! With every purchase, you'll earn points towards a Target Rewards certificate. It's good for 10% off* on a full day of shopping (with your Target Visa) at Target stores. Points Earned Previously 328 Points Earned This Month +0 New Balance 328 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Enroll in Take Charge of Education today. This month, Target donated $14.7 million to schools across the country.* For every REDcard purchase you make, Target donates up to 1 % of those purchases to the K-12 school of your choice.* Sign up at Target.com/tcoe or call 1-800-316-6142. 'Subject to Take Charge of Education program rules. Target tracks purchases made to participating accounts and distributes the accumulated donations to schools in March and September. As a valued Target Visa cardholder, you'll always be the first to know. Like to get the scoop on exclusive promotions, savings and updates? Simply write your e-mail address on the back of this bill and mail it in with your payment. Whenever we've got something new to share, you'll be the first to hear about it. Target National Bank an affiliate of Target Statement Closing Date: October 4, 2005 O TMGET Page 1 of 3 Account Number: 4352-3766-9757-3830 JONATHAN PECK Target Visa Account Summary Total Credit Limit $5,000 Previous Balance $838.53 Cash Limit $750 Payments & Credits 0.00 Available Credit $1,479 Purchases & Advances 2,596.02 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit Questions? Call Us: Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Outside the'U.S. 11-612-307-8622 (Cali Collect) Calling will not preserve your billing-error rights FINANCE CHARGES 50.98 New Balance $3,520.43 Amount Past Due $21.00 Minimtirn Payment Due $110.00 (includes any Amount Past Due) Payment Due Date October 29, 2005 Important Messages We Miss You! Of course, we look forward to hearing from you every month and were disappointed when we realized that last month's payment has not arrived yet. If you did already make your payment, thanks! Otherwise, please make your payment right now by calling (888) 608-7627. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Payments & Credits No payments or credits were received last month. Purchases Sep. 20 STARBUCKS USA 00027961 LOWER PAXTON, PA $54.40 Sep. 20 UNI MARTS x/94255 WEST FAIRVIEW, PA 15.56 Sep. 20 EXXONMOBIL18 09655531 ENOLA, PA 15.06 Sep. 20 EXXONMOBIL18 09655531 ENOLA, PA 54.48 Sep. 20 HESS 38356 HARRISBURG, PA 10.60 Sep. 20 HESS 38356 HARRISBURG, PA 34.85 Sep. 21 EXCITEMENT VIDEO HARRISBURG, PA 8.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK. Target National Bank an affiliate of O TMGET Account Number 4352-3766-9757-3830 New Balance $ 5 Min Minimum Payment Due $ 10.00 Payment Due Date October 29, 2005 NEW PHONE, HOME OR ADDRESS? f 111 111 111 11111111111III till 111 11 11 111 Amount 11 11 l 1 1l 1 ) 1 PLEASE UPDATE ON - 11 11 Enclosed $ REVERSE SIDE. TARGET NATIONAL BANK OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 1702t5-3204 1111111111 1111 Igo 111 1111 1111 1111111 m 3001500011000035204390435237669757383071 Target National Bank an affiliate of Target Statement Closing Date: October 4, 2005 Q TARGET Page 2 of 3 Account Number: 4352-3766-9757-3830 JONATHAN PECK Purchases continued... Sep. 21 EXCITEMENT VIDEO HARRISBURG, PA 11.61 Sep. 21 GETTY 69495001 HARRISBURG, PA 25.59 Sep. 21 EXXONMOBIL75 04209763 HARRISBU, PA 34.13 Sep. 21 EXXONMOBIL75 04209763 HARRISBU, PA 6.44 Sep. 22 7-ELEVEN 11422 Q39 HARRISBURG, PA 12.68 Sep. 22 0219 SHEETZ 00002196 HARRISBURG, PA 42.21 Sep. 22 EXCITEMENT VIDEO HARRISBURG, PA 8.00 Sep. 22 CVS PHARMACY ##1624 Q03 HARRISBURG, PA 1.69 Sep. 22 PAPA JOHNS ##2317 EHOLA, PA 16.89 Sep. 22 HARRISBURG MALL HARRISBURG, PA 75.00 Sep. 22 MCDONALD'S F1965 ENOLA, PA 4.54 Sep. 22 FYE COLONIAL PARK 1401 HARRISBURG, PA 18.01 Sep. 22 TRIANGLE CAR WASH HARR HARRISBURG, PA 11.12 Sep. 22 SHELL OIL 57540232105 HARRISBURG, PA 7.03 Sep. 22 COLONIAL PARK DINER 717-541-9194, PA 8.76 Sep. 23 ENOLA SHURFINE ENOLA, PA 9.50 Sep. 23 SAFELITE GLASS ##1850 HARRISBURG, PA 218.26 Sep. 23 EXXONMOBILI8 09655531 ENOLA, PA 40.95 Sep. 24 EXCITEMENT VIDEO HARRISBURG, PA 10.00 Sep. 24 SUNOCO SVC STATION HARRISBURG, PA 6.57 Sep. 24 SUNOCO SVC STATION ENOLA, PA 30.03 Sep. 25 BURLINGTON COA00001693 HARRISBURG, PA 75.00 Sep. 25 HARRISBURG MALL HARRISBURG, PA 75.00 Sep. 25 HESS 38424 HARRISBURG, PA 82.96 Sep. 26 WAL-MART ##1591 HARRISBURG, PA 11.64 Sep. 26 HESS 38424 HARRISBURG, PA 42.01 Sep. 26 ENOLA SHURFINE ENOLA, PA 49.27 Sep. 26 SUMMERDALE DINER ENOLA, PA 9.06 Sep. 26 BATTERIES PLUS ##1 CAMP HILL, PA 7.44 Sep. 26 EXCITEMENT VIDEO CAMPHILL, PA 20.55 Sep. 26 HARRISBURG MALL HARRISBURG, PA 50.00 Sep. 26 HARRISBURG MALL HARRISBURG, PA 50.00 Sep. 26 EXXONMOBIL75 04209722 CAMP HIL, PA 33.20 Sep. 26 EXXONMOBILI8 09655531 ENOLA, PA 106.00 Sep. 26 HESS 38424 HARRISBURG, PA 42.77 Sep. 27 YOUR PLACE RESTAUR WORMLEYSBURG, PA 14.00 Sep. 27 HERSHEY MED-CAFETERIA HERSHEY, PA 3.71 Sep. 28 WAL-MART ##1591 HARRISBURG, PA 118.03 Sep. 28 GIANT FOOD STORES ##110 CAMP HILL, PA 19.15 Sep. 28 EXCITEMENT VIDEO CAMPHILL, PA 10.00 Sep. 28 EXCITEMENT VIDEO CAMPHILL, PA--- 9.53 Sep. 28 UNI MARTS #94255 WEST FAIRVIEW, PA 1.52 Sep. 28 RITE AID STORE 4284 HARRISBURG, PA 3.58 Sep. 29 HARRISBURG MALL HARRISBURG, PA 50.00 Sep. 29 SUNOCO SVC STATION HARRISBURG, PA 3.50 Sep. 30 TWX`TIME MAGAZINE 800-329-8815, NY 24.95 Sep. 30 WM SUPERCENTER HARRISBURG E, PA 62.19 Sep. 30 WAL-MART ##1591 HARRISBURG, PA 2.08 Sep. 30 SUNOCO SVC STATION HARRISBURG, PA 53.00 Sep. 30 SUNOCO SVC STATION HARRISBURG, PA 53.00 Sep. 30 HARRISBURG MALL HARRISBURG, PA 50.00 Sep. 30 HARRISBURG MALL HARRISBURG, PA 25.00 Oct. 1 EXCITEMENT VIDEO CAMPHILL, PA 16.00 Oct. 1 EXCITEMENT VIDEO CAMPHILL, PA 9.49 Oct. 1 GIANT FOOD STORES ##110 CAMP HILL, PA 4.00 Oct. 1 7-ELEVEN 11402 Q39 MIDDLETOWN, PA 6.35 Oct. 1 SUNOCO SVC STATION ENOLA, PA 12.39 Oct. 2 EXXONMOBIL75 04209763 HARRISBU, PA 53.00 Oct. 2 EXXONMOBIL75 04209763 HARRISBU, PA 6.39 Oct. 2 WAL-MART $#1591 HARRISBURG, PA 50.00 Oct 2 SHELL OIL 91002850560 ENOLA, PA 46.80 Oct 3 WAL-MART $#1591 HARRISBURG, PA 50.00 Oct 3 EXCITEMENT VIDEO CAMPHILL, PA 5.00 Sub-total Purchases $2,209.52 Target National Bank an affiliate of Target Statement Closing Date: October 4, 2005 0TARGE7 Page 3 of 3 Account Number: JONATHAN PECK 4352-3766-9757-3830 Cash Advances Sep. 19 CASH SOVEREIGN BRANCH #$00 ENOLA, PA $80.00 Sep. 19 INTEGRITY BANK CASH CAMPHILL, PA 50.00 Sep. 20 M & T BANK 6119 PENBROOK, PA 175.00 Sep. 22 UNION SQUARE BRANCH HARRISBURG, PA 60.00 Sep. 24 PSECU/630 ENOLA ROAD WEST FAIRVIEW, PA 21.50 Sub-total Cash Advances $386.50 Total Purchases & Advances $2,596.02 Other Charges Sep. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Finance Charges Days in Billing Period: 30 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $1,115.19 $14.57 $0.00 Cash 0.06000% 21.90% $614.70 $11.06 $2525 Total FINANCE CHARGES: $50.88 Actual ANNUAL PERCENTAGE RATE: 34.44% Target Rewards Status Know what we love? Telling you your Target Rewards certificate is on its way. Know what you'll love? Getting 10% off' on a full day of shopping (with your Target Visa) at Target. It's the best way we know to say thanks for using the card. Points Earned Previously 328 Points Earned This Month +11,105 Awarded This Billing Period -1,000 New Balance .433 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Target National Bank an affiliate of Target Statement Closing Date: November 4, 2005 O TARGET Page 1 of 2 11111111111111111111111111111111111 Account Number: 4352-3767-0549-4268 JONATHAN PECK Target Visa Account Summary Total Credit Limit $5,000 Previous Balance $3,520.43 Cash Limit $750 Payments & Credits -125.00 Available Credit $943 Purchases & Advances 603.51 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 57.59 Questions? Call Us: New Balance $4,056.53 Minimum Payment Due $102.00 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Payment Due Date November 29, 2005 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Payments & Credits Oct. 11 PAYMENT MADE AT TARGET HARRISBURG, PA -$125.00 Total Payments & Credits -$125.00 Purchases Oct. 3 WM SUPERCENTER HARRISBURG E, PA $42.33 Oct 3 UNI MARTS #94255 WEST FAIRVIEW, PA 1.73 Oct. 3 HARRISBURG MALL HARRISBURG, PA 50.00 Oct 3 HARRISBURG MALL HARRISBURG, PA 25.00 Oct. 3 SHELL OIL 91002850560 ENOLA, PA 23.19 Oct. 3 AMOCO OIL 06954952 HARRISBURG, PA 2.74 Oct 3 AMOCO OIL 06954952 HARRISBURG, PA 2.96 Oct. 4 TWX•ENTERTAINMENT WKLY 800-828-6882, NY 24.95 Oct 4 J.D. PREMO ASSOCIATES HARRISBURG, PA 23.30 Oct 4 WAL-MART #1591 HARRISBURG, PA 42.33 Oct 12 STATION #1 CARLISLE, PA 27.86 Oct. 12 GETTY 69685001 CARLISLE, PA 4.39 Oct. 12 HARRISBURG MALL HARRISBURG, PA 50.00 Oct. 12 J.D. PREMO ASSOCIATES HARRISBURG, PA 20.31 Oct. 12 SUNOCO SVC STATION HARRISBURG, PA 64.83 Oct. 12 STARBUCKS USA 00089664 CAMP HILL, PA 4.56 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK. Target National Bank an affiliate of 0 TARGET Account Number 4352-3767-0549-4268 New Balance 0 inimum Payment Due M $102.00 Payment Due Date November 29, 2005 NEW PHONE, HOME OR E-MAIL ADDRESS? IIIII!lIIIIlIlrllllllllllrllllllll llllllll llllllllll Amount PLEASE UPDATE ON Enclosed $ REVERSE SIDE. TARGET NATIONAL BANK OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 If 1111111111111111 11 11 11 1111 L- 8001250010200040565390435237670549426871 Target National Bank an affiliate of Target Statement Closing Date: Noverter 4, 2005 O TARGET Page 2 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK Purchases continued... Oct. 12 STARBUCKS USA 00089664 CAMP HILL, PA 2.86 Oct. 13 WM SUPERCENTER HARRISBURG E, PA 74.88 Oct. 13 WAL-MART #1591 HARRISBURG, PA 50.00 Oct. 13 ARBY'S #1172 Q52 CAMP HILL, PA 8.67 Oct. 13 SUNOCO SVC STATION HARRISBURG, PA 56.62 Sub-total Purchases $603.51 Total Purchases & Advances $603.51 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Daily Annual Daily FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE Purchases 0.04356% 15.90% $3,158.73 $42.65 Cash 0.06000% 21.90% $803.34 $14.94 Total FINANCE CHARGES: Actual ANNUAL PERCENTAGE RATE Transaction FINANCE CHARGE 50.00 $0.00 $57.59 17.44% Target Rewards Status You're on your way to earning the 1000 points needed to get your Target Rewards certificate. It'll get you 10% off* on a full day of shopping (with your Target Visa) at Target stores. Use your Target Visa often, and enjoy the savings sooner! Points Earned Previously 433 Points Earned This Month +302 New Balance 735 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Receive a 10% off reward ...for doing what you'd do anyway! Get an extra reward for doing your holiday shopping at Target and Target.com. Spend $250 on your REDcard Nov. 1 to Dec. 24, and in January you'll receive a certificate good for 10% off* an entire day of shopping at Target and 10% off* an entire purchase at Target.com.* *Some restrictions apply. See Target.com for complete terms and conditions. Target National Bank an affiliate of Target Statement Closing Date: December 4, 2005 OTARGET Page 1 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK Target Visa Account Summary Total Credit Limit $5,000 Previous Balance $4,056.53 Cash Limit $750 Payments & Credits 0.00 Available Credit $851 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 57.46 New Balance $4,148.99 Questions? Call Us: Amount Past Due $10200 Target Credit Services 1-888-755-5856 Minimum Payment Due $206.0 TDD/TDY 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date December 29, 2005 Important Messages We Miss You! Of course, we look forward to hearing from you every month and were disappointed when we realized that last month's payment has not arrived yet. If you did already make your payment, thanks! Otherwise, please make your payment right now by calling (888) 608-7627. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Payments & Credits No payments or credits were received last month. Other Charges Nov. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK. Target National Bank an affiliate of ME O Account Number 4352-3767-0549-4268 TA New Balance $4,.99 I Minimum Payment Due $206206.00 Payment Due Date December 29, 2005 NEW PHONE, HOME OR E-MAIL ADDRESS? IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Amount II $ -., - PLEASE UPDATE ON REVERSE SIDE. TARGET NATIONAL BANK Enclosed OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 ILIJIIIIIIILIIJIIJLI IIIIIIIJJIIJIIIILIIJI LIIIIJ111 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt1IlIII1111I11I11IlIIlI111IlIlI 1001250020600041489990435237670549426871 Target National Bank an affiliate of Target Statement Closing Date: December 4, 2005 G )TARGET Page 2 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK Finance Charges Days in Billing Period: 30 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $3,281.74 $42.89 $0.00 Cash 0.06000% 21.90% $809.46 $14.57 $0.00 Total FINANCE CHARGES. $57.46 Actual ANNUAL PERCENTAGE RATE. 16.85% Target Rewards Status You're on your way to earning the 1000 points needed to get your Target Rewards certificate. It'll get you 10% off* on a full day of shopping (with your Target Visa) at Target stores. Use your Target Visa often, and enjoy the savings sooner! Points Earned Previously 735 Points Earned This Month +0 New Balance 735 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Receive a 10% off reward ...for doing what you'd do anyway! Get an extra reward for doing your holiday shopping at Target and Target.com. Spend $250 on your REDcard Nov. 1 to Dec. 24, and in January you'll receive a certificate good for 10% off* an entire day of shopping at Target and 10% off` an entire purchase at Target.com.* *Some restrictions apply. See Target.com for complete terms and conditions. Buying food at Target means twice the cheer, now through Dec. 31. Use your REDcard to buy food at Target and you'll earn double Target Rewards points*! That's 2 points for every $1 you spend on food -- a great way to get another 1000 points and your next 10% off shopping day! So eat, treat, and sweet your way to your next reward. `Subject to Target Rewards program rules. See Target.com/rewards. Excludes dietary supplements and weight loss products, purchases at Food Avenue, Starbucks, and Target.com. Target National Bank an affiliate of Target Statement Closing Date: January 4, 2006 QTARGET Page 1 of 2 111111111111111111111111111111 Account Number: 4352-3767-0549-4268 JONATHAN PECK Target Visa Account Summary Total Credit Limit $4,300 Previous Balance $4,148.99 Cash Limit $0 Payments & Credits 0.00 Available Credit $55 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 60.73 New Balance $4,244.72 Questions? Call Us: Amount Past Due $206.00 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 Minimum Payment Due $344.73 (includes any Amount Past Due) Payment Due Date January 29, 2006 Important Messages FOR YOUR INFORMATION Please note - we have lowered your credit limit to the amount shown. If in future months we receive Minimum Payment Due on or before the Payment Due Date, we will consider increasing your credit limit. You have missed two payments; this is not a good thing. We may be reporting your account as past due to the national credit bureaus and are charging you late fees. (If you've already made your payment, thanks.) Otherwise, it's important you pay the Minimum Due now. Questions? Call us at (888) 608-7627. Payments & Credits No payments or credits were received last month. Other Charges Dec. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK. Target National Bank an affiliate of 0 TARGET Account Number 4352-3767-0549-4268 New Balance $4,244.72 Minimum mum Payment Due $344.73 Payment Due Date January 29, 2006 NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON llllllllllllllllllllllillllllillllllllllllllllllilll Amount lo d $ E REVERSE SIDE. TARGET NATIONAL BANK nc se OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 llllllllllllllllltlllllllllllllllllllllllilllllllllllllll lllll JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 lllilllllllllllllilllllllllllllllllllllllllllllllllllltlllllll 0001250034473042447290435237670549426871 Target National Bank an affiliate of Target Statement Closing Date: January 4, 2006 C7 TARGET Page 2 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK 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 0.04356% 15.90% $3,361.75 $45.40 $0,00 Cash 0.06000% 21.90% $824.40 $15.33 $0.00 Total FINANCE CHARGES: $60.73 Actual ANNUAL PERCENTAGE RATE: 17.40% Target Rewards Status You're on your way to earning the 1000 points needed to get your Target Rewards certificate. It'll get you 10% off* on a full day of shopping (with your Target Visa) at Target stores. Use your Target Visa often, and enjoy the savings sooner! Points Earned Previously 735 Points Earned This Month +0 New Balance 735 Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Take Charge of Education Every purchase you make can also help to support education. Target will donate an amount equal to 1 % of your Target Visa purchases made at Target and Target.com and 1/2% of purchases made elsewhere to the eligible K-12 school of your choice.* To enroll, visit Target.com/tcoe or call 1-800-316-6142. 'Subject to Take Charge of Education program rules. Target National Bank an affiliate of Target Statement Closing Date: February 4, 2006 O TMIGET Page 1 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,244.72 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 62.11 New Balance $4,341.83 Questions? Call US: Amount Past Due $344.73 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 Minimum Payment Due $485.84 (includes any Amount Past Due) Payment Due Date March 1, 2006 Important Messages Really Important Notice We haven't received sufficient payment on your account. Please pay the Minimum Due by your billing date. If we receive this payment, your account will begin to be reported as current to the credit bureaus -and you'll avoid more late fees. Questions? Call us at (888) 608-7627. Payments & Credits No payments or credits were received last month. Other Charges Jan. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABL E TO TARGET NATIONAL BANK. Target National Bank an affiliate of O TARG ET Account Number 4352-3767-0549-4268 i g New Balance $4,341.83 Payment Due Minimum $485.84 Payment Due Date March 1, 2006 NEW PHONE. HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON lllllllllllllllllllulllllllllllllllllllllllllllllll Amount E l d $ REVERSE SIDE. TARGET NATIONAL BANK nc ose OFFICE COPY P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 IIIIIIIIIIIIIIIIJIIIIIIIIIIJIIIIIJIIIIIILIIIIIJ LI11111II JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 lllllllllllllllllllillllllllllllllllllllllllllllllllllllllllll 7001250048584043418390435237670549426871 Target National Bank an affiliate of Target Statement Closing Date: February 4, 2006 I IIIIII VIII VIII VIII "III III) IIII O TARGET Page 2 of 2 Account Number: 4352-3767-0549-4268 JONATHAN PECK 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 0.04356% 15.90% $3,442.68 $46.49 $0.00 Cash 0.06000% 21.90% $839.87 $15.62 $O.00 Total FINANCE CHARGES: $62.11 Actual ANNUAL PERCENTAGE RATE 17.40% Target Rewards Status You're on your way to earning the 1000 points needed to get your Target Rewards certificate. It'll get you 10% off* on a full day of shopping (with your Target Visa) at Target stores. Use your Target Visa often, and enjoy the savings sooner! Points Earned Previously 735 Points Earned This Month +0 New Balance 735 'Subject to Target Rewards program rules. Special Announcements and Exclusive Offers Take Charge of Education Every purchase you make can also help to support education. Target will donate an amount equal to 1 % of your Target Visa purchases made at Target and Target.com and 1/2% of purchases made elsewhere to the eligible K-12 school of your choice.* To enroll, visit Target.com/tcoe or call 1-800-316-6142. Subject to Take Charge of Education program rules. (i), *00000* Account Number: 4352,3767-0549-4268 Statement Closing Date: March 4, 2006 JONATHAN PECK Page 1 of 2 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,341.83 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 57.29 New Balance $4,434.12 Questions? Call Us: Amount Past Due $485.84 Target Credit Services 1-888-755-5856 TDD1TDY 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Minimum Payment Due $623.13 (includes any Amount Past Duel Payment Due Date March 29, 2006 Important Messages CRITICAL ALERTI Your account is now closed and we may be reporting it to the national credit bureaus as delinquent. If you can't make a payment of at least the Minimum Due, call us right away at (888) 608-7627 so that we can work something out. The sooner you call, the sooner we can help. Payments & Credits No payments or credits were received last month. Other Charges Mar. 1 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Target National Bank, an a}fillate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 Balance y ? M n imu m Payment Due $623.13 Payment Due Date March 29, 2006 NEW PHONE, HOME OR Illllllllllllllltllllllllllllllllllllllllltlllllllll Amount E-MAIL ADDRESS? Enclosed PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 I I111111111111111111111111111111111111111111111111111111 111111 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 I11111111111111Illllllllllllllllllllllllllllllllllllllltllllll C7 8001250062313044341290435237670549426871 Account Number: JONATHAN PECK 4352-3767-0549-0268 Statement Closing Date: March 4, 2006 Page 2 of 2 Finance Charges Days in Billing Period: 28 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $3,519.49 $42.93 $0.00 Cash 0.06000% 21.90% $854.86 $14.36 $0.00 Total FINANCE CHARGES: $57.29 Actual ANNUAL PERCENTAGE RATE: 15.71% Special Announcements and Exclusive Offers Its Take Charge of Education payout monthl Thanks to REDcard holders who are part of the Take Charge of Education program, schools across the country will be receiving their payout this month*. This one totals $15 million. Just by using your REDcard at Target, you can help your school get the things they need. Enroll today at Target.com/tcoe or call 1-800-316- 6142. * Subject to Take Charge of Education program rules. Target tracks purchases made to participating accounts and distributes the accumulated donations to schools in March and September. 15303570 (i) 1111111111111111111 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: April 4, 2006 JONATHAN PECK Page 1 of 2 Target Visa 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? Call Us: 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 $4,434.12 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 35.00 FINANCE CHARGES 64.84 New Balance $4,533.96 Amount Past Due $623.13 Minimum Payment Due $768.97 (includes any Amount Past Due) Payment Due Date April 29, 2006 Important Messages CRITICAL ALERTI You haven't made sufficient payment on this account in 5 months. We may be reporting your account to the national credit bureaus as delinquent and your account is racking up late fees. So if you can't make that payment, call us right away at (888) 608-7627 so that we can work something out. The sooner you call, the sooner we can help. Payments & Credits No payments or credits were received last month. Other Charges Mar. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION • TARGE'G NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,533.96 Minimum Payment Due $768.97 Payment Due Date April 29, 2006 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 0 Amount Enclosed $ L- 4001250076897045339690435237670549426871 TARGET. IIIIIII???IINIIIIIW *00000* Account Number: JONATHAN PECK 4352-3767-0549-4268 Statement Closing Date: April 4, 2006 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 0.04356% 15.90% $3,603.14 $48.66 $0.00 Cash 0.06000% 21.90% $870.12 $16.18 $0.00 Total FINANCE CHARGES: $64.84 Actual ANNUAL PERCENTAGE RATE: 17.39% 15303570 O I??w??III?I?IW *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: May 4, 2006 JONATHAN PECK Page 1 of 2 Target Visa 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? Call Us: 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 $4,533.96 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 35.00 FINANCE CHARGES 64.11 New Balance $4,633.07 Amount Past Due $768.97 Minimum Payment Due $915.08 (includes any Amount Past Due) Payment Due Date May 29, 2006 Important Messages Your Account is Seriously Past Due! You've missed so many payments on your account that it is about to be charged off as a bad debt. We may also report this information to the national credit bureaus. If you're not able to pay at least the Minimum Due today please give us a call so that we can discuss payment arrangements at (888) 608-7627. Payments & Credits No payments or credits were received last month. Other Charges - - - Apr. 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION .............................. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 MiNew Balance Payment Due $$915.08 Payment Due Date May 29, 2006 NEW PHONE, HOME OR IIIIIIIIIIII'IIIIII'1'1I11I'lllll'lllltllllll'llll?l Amount E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK Enclosed $ .7 REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 IIIIIIIIIIIIII1111'1'1'I?IIIIIIIIIIII'IIIIIIIIII'IIIIIIIIII'II 9001250091508046330790435237670549426871 0 TARGET. IIIIIIIII?IIIIIIIIIIIIIII *00000* Account Number: JONATHAN PECK 4352-3767-0549-4268 Statement Closing Date: May 4, 2006 Page 2 of 2 Finance Charges Days in Billing Period: 30 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $3,685.65 $48.16 $0.00 Cash 0.06000% 21.90% $886.18 $15.95 $0.00 Total FINANCE CHARGES: $64.11 Actual AN NUAL PERCENTAGE RATE: 16.82% 15303570 I O 1111111111111111111111 *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: June 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,633.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 35.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $915.08 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date June 29, 2006 Payments & Credits No payments or credits were received last month. Other Charges May 29 LATE PAYMENT FEE $35.00 Total Other Charges $35.00 Finance Charges Days in Billing Period: 31 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.04356% 15.90% $0.00 $0.00 $0.00 Cash 0.06000% 21.90% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% Target National Bank, an atlliete of Terget Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 iMnmuBalance $4,668.07 m Payment Due $4,668.07 Payment Due Date June 29, 2006 NEW PHONE. HOME OR (IIII11'1'11'IIII'IIIIIIIIII11111"IIIIIII111'lll'I' Amount E-MAIL ADDRESS? $ PLEASE UPDATE ON TARGET NATIONAL BANK Enclosed REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 VIII"111 "IIIIIIII'1'IIIIIIIIIIIIIIIIIIIIIIIIIII'II'111'1'II 7001250466807046680790435237670549426871 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: July 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa 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? Call Us: 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 Payments & Credits Purchases & Advances Other Charges FINANCE CHARGES New Balance $4,668.07 0.00 0.00 0.00 0.00 $4,668.07 Amount Past Due $4,668.07 Minimum Payment Due $4,668.07 (includes any Amount Past Due) Payment Due Date July 29, 2006 Payments 81 Credits No payments or credits were received last month Finance Charges Days in Billing Period: 30 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 AN NUAL PERCENTAGE RATE: 0.00% Target National Bank, an atlMate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION _........... . ........... .._ INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date July 29; 2006 NEW PHONE, HOME OR IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111" I E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 ?Inl??ln?Ilnnlllll?I?u/?In1IlIIInnInlnllllllnllllll LJ 7001250466807046680790435237670549426871 Amount Enclosed $ O I?I?IIIII?VMIW TARGET- *00000* Account Number: 4352-3767-05494268 Statement Closing Date: August 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date August 29, 2006 Payments & Credits No payments or credits were received last month. 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE : 0.00% Target National Bank, an efllNate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ............ -.---__ INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date August 29, 2006 NEW PHONE, HOME OR 'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 IIIIIIIIIIIIIII IIIIIIIIIIIIIIIilllllllllllllllllllllllilllllll Amount Enclosed $ 7001250466807046680790435237670549426871 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: September 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date September 29, 2006 Payments & Credits No payments or credits were received last month. 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ......................... .......... INCLUDE THIS PORTION wrTH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK • TARGEI? NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED TARGET NATIONAL BANK P.O: BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 u Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date September 29, 2006 Amount Enclosed $ L? 7001250466807046680790435237670549426871 O IIIIIIIIVVIIIIIIIIIIIIIn?I? *00000* Account Number: 4352-3767-0549.4268 Statement Closing Date: October 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa 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? Call Us: Target Credit Services 1-888-755-5856 TD DrrD Y 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) Calling will not preserve your billing-error rights Previous Balance $4,668.07 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 0.00 FINANCE CHARGES 0.00 New Balance $4,668.07 Amount Past Due $4,668.07 Minimum Payment Due $4,668.07 (includes any Amount Past Duel Payment Due Date October 29, 2006 Payments 81 Credits No payments or credits were received last month. Finance Charges Days in Billing Period: 30 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual AN NUAL PERCENTAGE RATE: 0.00% Target Natimal Bank, en alltiWe of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION TARGET NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED _............. .--..._.. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date October 29, 2006 'IIIIIIIIIII'l1IlI1I1?1I11I I11111?I1III?IIIIII111" I TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 IIIIIIIIIIIII11111'IIIIIIIIIIIIIIIII'IIIIIIIIIIIII'II?IIIIIII' Amount Enclosed $ 7001250466807046680790435237670549426871 (i) 11111111111111111 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: November 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due Target Credit Services 1-888-755-5856 TDDrrDY 1-800-347-5842 Minimum Payment Due Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve yourbiAing-error rights Payment Due Date $4,668.07 $4,668.07 November 29, 2006 Payments & Credits No payments or credits were received last month. 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% Target National Bank, an affiliate offerget Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION • TARGET NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED .......... ......................_... INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date November 29, 2006 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 Amount Enclosed $ JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 7001250466807046680790435237670549426871 .0 TARGET. *00000* Account Number: 4352-3767-0549.4268 Statement Closing Date: December 4, 2006 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: 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 Amount Past Due $4,668.07 Minimum Payment Due $4,668.07 (includes any Amount Past Due) Payment Due Date December 29, 2006 Payments 81: Credits No payments or credits were received last month. Finance Charges Days in Billing Period: 30 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual ANNUAL PERCENTAGE RATE: 0.00% Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ............ .......... ..... ........_.._ INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 iMnmuBalance $4,668.07 TARGET m Payment Due $4,668.07 Payment Due Date December 29, 2006 NEW PHONE, HOME OR II'IIIIIIIIIIIIII'1'1'1'lllflllll'llllll'llll'llllll E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED --7 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 Iill'II IIIII'Illllllf lllllllf llll'1'II1111'IIIIIII'IIIIIIII'1' Amount ?? Enclosed 7001250466807046680790435237670549426871 O I?VI???I?IIIh? *00000* Account Number: 4352-3767-0549-0268 Statement Closing Date: January 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 Questions? Call Us: New Balance $4,668.07 Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5642 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date January 29, 2007 Payments & Credits No payments or credits were received last month. 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% Target National Bank, an affiliate o(Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ............... .___.. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date January 29, 2007 NEW PHONE. HOME OR '1'II11'II11'IIIIIIII'lllllllll ll'l lll?l l lll Amount E-MAIL ADDRESS? PLEASE UP ATE ON l l lll lll Enclosed $ D TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED ' JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 7001250466807046680790435237670549426871 -(i) TARGET. 111111111111111111111111 Account Number: 4352-3767-0549-4268 Statement Closing Date: February 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDDlTDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date March 1, 2007 Payments & Credits No payments or credits were received last month. 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 0.00000% 0.00% $0.00 $0.00 $0.00 Total FINANCE CHARGES: $0.00 Actual AN NUAL PERCENTAGE RATE: 0.00% Target National Bank, an a9hate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ...... INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK • TARGEI? NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 Account Number 4352-3767-05494268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date March 1, 2007 Amount Enclosed $ 7001250466807046680790435237670549426871 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: March 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00' Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 QUeStIO11S? Call US: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 Minimum Payment Due $4,668.07 TDD/TDY 1-800-347-5842 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date March 29, 2007 Payments & Credits No payments or credits were received last month. Finance Charges Days in Billing Period: 28 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 0.00000% 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 Target National Bank, an afeaate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK II II Account Number 4352-3767-0549-4268 Minimum Payment Due $4,668.07 TARGE7? Payment Due Date March 29, 2007 NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED 'iI'II IIIII1111L111 Ill II,I,JI,111111l,1111aJ1111Ill. III TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 Amount Enclosed $ 7001250466807046680790435237670549426871 O IIIIIIII??IIWYIIII??II TARGET. 100000* Account Number: 4352-3767-0549-4268 Statement Closing Date: April 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: 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 Amount Past Due $4,668.07 Minimum Payment Due $4,668.07 (includes any Amount Past Due) Payment Due Date April 29, 2007 Payments & Credits No payments or credits were received last month. 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 0.0000096 0.00% $0.00 $0.00 $0.00 Cash 0.00000% 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. Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION .....__- ........... ............ INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 TARGET Minimum Payment Due $4,668.07 Payment Due Date April 29, 2007 NEW PHONE, HOME OR - llllllllllllllllllllllllltlllll l ll' l l l l l l Amount E-MAIL ADDRESS? ll i I l l ll l ll Enclosed $ PLEASE UPDATE ON TARGET NATIONAL BANK REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 LItIII11JIL1111111JIL111L11LIILIt1111111LII1LItI1Ll 7001250466807046680790435237670549426871 TARGET. ??nm???NUu *00000* Account Number: 4352-3767-0549-0268 Statement Closing Date: May 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,666.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDDITDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date May 29, 2007 Payments 8r: Credits No payments or credits were received last month. Finance Charges Days in Billing Period: 30 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 0.00000% 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 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION • TARGET. NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date May 29, 2007 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 Amount Enclosed $ JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 pill I 1 11111 11111 111 11 7001250466807046680790435237670549426871 O IIIIIII??nIIIIVIYIIIIV *00000- Account Number: 4352-3767-0549-4268 Statement Closing Date: June 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date June 29, 2007 Payments & Credits No payments or credits were received last month. 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 0.00000% 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 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION • TARGE'? NEW PHONE, HOME OR E-MAIL ADDRESS7 PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED ................. _...... INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-0549-4268 New Balance $4,668.07 Minimum Payment Due $4,668.07 Payment Due Date June 29, 2007 TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 Amount . Enclosed $ U 7001250466807046680790435237670549426871 (i) 11111111111111111111 TARGET. *00000* Account Number: 4352-3767-0549-4268 Statement Closing Date: July 4, 2007 JONATHAN PECK Page 1 of 1 Target Visa Credit Card Account Summary Total Credit Limit $0 Previous Balance $4,668.07 Cash Limit $0 Payments & Credits 0.00 Available Credit $0 Purchases & Advances 0.00 Portion Available for Cash $0 Other Charges 0.00 The Cash Limit is a portion of the Total Credit Limit FINANCE CHARGES 0.00 New Balance $4,668.07 Questions? Call Us: Amount Past Due $4,668.07 Target Credit Services 1-888-755-5856 TDD/TDY 1-800-347-5842 Minimum Payment Due $4,668.07 Outside the U.S. 11-612-307-8622 (Call Collect) (includes any Amount Past Due) Calling will not preserve your billing-error rights Payment Due Date July 29, 2007 Payments & Credits No payments or credits were received last month. Finance Charges Days in Billing Period: 30 Corresponding Average Periodic Transaction Daily Annual Daily FINANCE FINANCE Balance Type Periodic Rate Percentage Rate Balance CHARGE CHARGE Purchases 0.000001/0 0.00% $0.00 $0.00 $0.00 Cash 0.00000% 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 Target National Bank, an affiliate of Target Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION .......... .........-. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK Account Number 4352-3767-05494268 iMnmuBalance $4,668.07 TARGET m Payment Due $4,668.07 Payment Due Date July 29, 2007 NEW PHONE, HOME OR E-MAIL ADDRESS? PLEASE UPDATE ON REVERSE SIDE. OFFICE COPY STATEMENT PAGE NOT PRINTED TARGET NATIONAL BANK P.O. BOX 59317 MINNEAPOLIS, MN 55459-0317 JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 Amount ?? Enclosed 7001250466807046680790435237670549426871 O InIIII?I??VInNI? *00000, Account Number: 4352-3767-0549-4268 Statement Closing Date: August 4, 2007 JONATHAN PECK Page 1 of 1 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? Call Us: 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 $4,668.07 Payments & Credits 0.00 Purchases & Advances 0.00 Other Charges 0.00 FINANCE CHARGES 0.00 New Balance $4,668,07 Amount Past Due $4,668.07 Minimum Payment Due $4,668.07 (includes any Amount Past Due) Payment Due Date August 29, 2007 Payments & Credits No payments or credits were received last month. 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 0.0000096 0.00% $0.00 $0.00 $0.00 Cash 0.00000% 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 Target National Bank, an affiliate ottarget Stores NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION .................... _--1..... ..__. INCLUDE THIS PORTION WITH YOUR PAYMENT MADE PAYABLE TO TARGET NATIONAL BANK - Account Number 4352-3767-0549-4268 New Balance Minimum Payment Due $4,668.07 Payment Due Date August 29, 2007 NEW PHONE, HOME OR 'IIII11'IIIIIIIIIIIII'llll"Itlllllllllllllll'llllll Amount E-MAIL ADDRESS? PLEASE UPDATE ON TARGET NATIONAL BANK Enclosed $ REVERSE SIDE. P.O. BOX 59317 OFFICE COPY MINNEAPOLIS, MN 55459-0317 STATEMENT PAGE NOT PRINTED JONATHAN PECK 129 2ND ST ENOLA, PA 17025-3204 ?In???lrt???rlru?r?r?r?nr??rn?r???llrri#Ir?lr?l??l?lll?r?l? 7001250466807046680790435237670549426871 VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. I do verify that [ ] I am the defendant in the above entitled matter [ ] I am an authorized representative of the Defendant in the above matter (having set forth my relationship with the Defendant in the spaces below the signature line which are incorporated herein by reference and that the facts set forth in the annexed Response to Plaintiffs Request for Admissions are true and correct to the best of my knowledge, information and belief. Name: Address: Telephone Title: PA-70 Req Adm CC Dl P&F File No. 2050.11662 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: Mr. Richard Freeburn, ESQ. 4415 North Front Street Harrisburg PA 17110 Date: U a Morris, Esquire ?& Felix, A.P.C. 213 E. Main-Street Carnegie, PA 15106 (412) 429-7675 PA-65 Certificate of Service P&F File No 2050.11662 n ? ra .. 7 i 1T1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. CHRISTOPHER T. PHILLIPS, Defendant PETITION FOR CIVIL. CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 1- 0 ay of April 2008, comes Plaintiff/Petitioner, Sheri J. Philli CIVIL ACTION - LAW IN CUSTODY No. 2006-4761 files the following Petition for Civil Contempt for Disobedience of Custody Order and in thereof avers as follows: 1. Petitioner, Sheri J. Phillips, an adult individual residing at 436 Daisy and New Providence, Pennsylvania, is the paternal step-grandmother of the minor child, Kaden I. Phillips, born October 24, 2005, hereinafter Kaden. 2. Respondent, Wesley T. Phillips, an adult individual residing at 37 Fox Hill Shippensburg, Pennsylvania, is the paternal grandfather of Kaden. 3. Respondent, Christopher T. Phillips, an adult individual on active duty with the United States Army with a mailing address of AC03-21 INF MBN 222, PO Box 338513, Ft. 11 Washington 98433, is the natural father of Kaden. 4. Carol Brown, now deceased, was the natural mother of Kaden. 5. On June 18, 2007, The Honorable Kevin A. Hess, entered an Order of Court custody of Kaden. A true and correct copy of the June 18, 2007, Order is attached to this as Exhibit "A". 6. Respondents have violated the June 18, 2007 Order by failing to comply with the provisions of the Order. 7. Paragraph 5 of the Order provides: "Paternal step-grandmother shall have physical custody of the child on the second weekend of every month from Friday at 5:00 ?.m. to Sunday at 5:00 p.m. She shall also have two non-consecutive weeks of physical custody during the year not in conjunction with the holidays, provided she give 30 days prior notice to Mother. Paternal step-grandmother shall be responsible for all transportation. 8. On April 11, 2008, Petitioner left a message for Respondent Wesley T. Phillips, who has taken custody of Kaden, regarding where she was to pick up Kaden for her period of partial custody. Petitioner did not return her call. 9. Respondents have refused or failed to comply with this provision by unreasonably 1 refusing Petitioner's requests for her periods of partial custody of Kaden beginning April 11, X2008. it ?I 10. Petitioner requests that the allegations of this Petition be addressed at a hearing before the Court as soon as the Court's schedule will allow. WHEREFORE, Petitioner requests that Respondents be ordered to strictly comply with the June 18, 2007 Order of Court, be held in contempt of court, and be ordered to pay Petitioner's attorneys fees. Respectfully submitted, & ASSOCIATES, P.C. 1 -).i-J4 4 ?) 4? Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. CHRISTOPHER T. PHILLIPS, Defendant CIVIL ACTION - LAW IN CUSTODY No. 2006-4761 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Petitioner's counsel based upon information provided by Petitioner to Petitioner's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. Sean M. Shultz, Esquire F:\User Folder\Finn Docs\Clients Files\3999-3 Sheri Phillips\Documents\contempt.pet.wpd Exhibit "A" JUN 162DUV? WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA SHERI J. PHILLIPS, . Plaintiff/Petitioner NO. 2006-4761 CIVIL ACTION - LAW Vi. CHRISTOPHER T. PHILLIPS . and CAROL BROWN, : IN CUSTODY Defendants/Respondents 1 ORD O COURT AND NOW, this 1$1? damo, , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated August 21, 2006 is hereby vacated. 2. The Mother, Carol Brown and the Father, Christopher T. Phillips, shall have shared legal custody of Kaden I. Phillips, born October 24, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody at times as agreed by the Mother and Father when he is on military leave. 5. Paternal step-grandmother shall have partial physical custody of the child on the second weekend of every month from Friday at 5:00 p.m. to Sunday at 5:00 p.m. She shall also have two non-consecutive weeks of physical custody during the year not in conjunction with holidays, provided she give 30 days prior notice to Mother. Paternal step-grandmother shall be responsible for all transportation. 6. Paternal grandfather shall have partial physical custody of the child on the fourth weekend of every month from Saturday at 9:00 a.m. to Sunday at 5:00 p.m. He shall also have two non-consecutive weeks of physical custody during the year, not in conjunction with holidays, provided he give 30 days prior notice to Mother. Paternal grandfather shall be responsible for all transportation. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S {. evin . Hess, J. cc: Sean Shultz, Esquire, Counsel for paternal step-grandmother Jim Reed, Esquire, Counsel for Mother Wesley T. Phillips, pro se 37 Fox Hill Road Shippensburg, PA 17257 Christopher T. Phillips, pro se AC03-21 INF MBN 222 P.O. Box 338513 Ft. Lewis, WA 98433 In 4nd t1A sc 4C' Test: rr A. J ? A my hand WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA SHERI J. PHILLIPS, Plaintiff/Petitioner : NO. 2006-4761 CIVIL ACTION - LAW V. CHRISTOPHER T. PHILLIPS . and CAROL BROWN, : IN CUSTODY Defendants/Respondents PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaden I. Phillips October 24, 2005 paternal grandfather 2. A Conciliation Conference was held in this matter on June 14, 2007, with the following in attendance: The paternal step-grandmother, Sheri J. Phillips, with her counsel, Sean Shultz, Esquire; paternal grandfather, Wesley T. Phillips, pro se; Mother. Carol Brown. with her counsel, Jim Reed, Esquire. Father is deployed with the military and was advised of the conference but did not appear. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated August 21, 2006 providing for shared legal custody among the four parties, Paternal grandparents having primary physical custody and the parents having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. - ?? ?-7 i ??y Date ac `eline M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs CIVIL ACTION - LAW V. IN CUSTODY CHRISTOPHER T. PHILLIPS, No. 2006-4761 Defendant CERTIFICATE OF SERVICE AND NOW, this 28`h day of April, 2008, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Petition for Civil Contempt for Disobedience of Court Order by both regular and certified, restricted delivery (return receipt requested) first class, United States Mail, postage pre-paid, addressed as follows: Wesley T. Phillips 37 Fox Hill Road Shippensburg, Pennsylvania 17257 Respondent Christopher T. Phillips AC03-21 INF MBN 222 PO Box 338513 Ft. Lewis, Washington 98433 Respondent Respectfully submitted, KNIGHT & ASSOCI-AILS, P.C. Sean M. Shultz, Esquire, Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner