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Home My WebLink About01-5769VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. $72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CThV~ERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. ANDREW C. MADEIRA Defendant NOTICE NO. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims 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 OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFOP~MATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4128003133558042 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N..A. 7920 NW ll0TH ST. KAI~SAS CITY, MO 64153 PLAINTIFF VS AI~DREW C. MADEIRA 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 DEFENDANT 1. The Plaintiff charted banking institution with a place of business 7920 NW ll0TH ST., KANSAS CITY, MO 64153, CIVIL ACTION-LAW is CITIBANK (SOUTH DAKOTA) N.A., a nationally located at 2. The Defendant is ANDREW C. MADEIRA, with a place of residence located at 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 COUNT I - CONTRACT 3. At the request of the Defendant, Plaintiff issued to Defendant a credit card, account 4128003133558042; and at all times relevant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. hereto, Defendant was the holder of said card issued through the Plaintiff's credit facilities. 4. Defendant, upon acceptance and use of the Plaintiff's credit card, agreed to be bound by the terms and conditions of Plaintiff's revolving credit plan. A true and correct copy of said Agreement is attached hereto, made a part hereof and marked Exhibit "A". 5. The Defendant subsequently used the said credit card. As of 08/01/2001, the Defendant had incurred charges in the sum of $11,075.66. Defendant may be entitled to payments made after 08/01/2001 which will be credited at the time of judgment. 6. In accordance with the terms of Exhibit "A", the Defendant agreed to pay the Plaintiff a finance/service charge on all sums due at an annual percentage rate of 21.99 and the Plaintiff is entitled to additional finance/service charges from 08/01/2001. 7. In accordance with the terms of Exhibit "A", Defendant agreed to pay Plaintiff a reasonable attorney's fee if the account was referred to an attorney for collection and Plaintiff will incur an attorney's fee in the amount of $2,768.00. Wq{EREFORE, Plaintiff demands judgment against the defendant in the sum of $11,075.66 plus attorney's fees of $2,768.00 plus interest from 08/01/2001 at the contract rate and cost of this action, less payments made, plus costs and any other such relief as this Court deems reasonable and just. THiS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COUNT II - CONTRACT 8. Plaintiff incorporates paragraphs 1 - 7 above as though set forth at length. 9. At the request of the Defendant, Plaintiff issued to Defendant a CHO credit card, account 5410654775490516; and at all times relevant hereto, Defendant was the holder of said card issued through the Plaintiff's credit facilities. 10. Defendant, upon acceptance and use of the Plaintiff's credit card, agreed to be bound by the terms and conditions of Plaintiff's revolving credit plan. A true and correct copy of said Agreement is attached hereto, made a part hereof and marked Exhibit "B". 11. The Defendant subsequently used the said credit card. As of 08/01/2001, the Defendant had incurred charges in the sum of $8,678.20, less any payments made after 06/25/2001. Defendant has failed to pay Plaintiff in accordance with the parties agreement. 12. In accordance with the terms of Exhibit "B", the Defendant agreed to pay the Plaintiff a finance/service charge on all sums due at an annual percentage rate of 22.49 and the Plaintiff is entitled to additional finance/service charges from 08/01/2001. 13. In accordance with the terms of Exhibit "B", Defendant agreed to pay Plaintiff a reasonable attorney's fee if the account was referred to an attorney for collection and Plaintiff will incur an attorney's fee in the amount of $2,169.00. WHEREFORE, Plaintiff demands judgment against the defendant in the sum of $8,678.20 plus attorney's fees of $2,169.00 plus interest from 08/01/2001 at the contract rate and cost of this action, less payments made, plus costs and any other such relief as this Court deems reasonable and just. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COUNT III UNJUST ENRICHMENT 14. Plaintiff hereby incorporates paragraphs 1 through 13 above as though set forth in full. 15. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 16. The Defendant accepted the benefits. 17. By virtue of the circumstances surrounding the request, for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 18. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands judgment against the defendant for the amount that Defendant was unjustly enriched plus costs and any other such relief as this Court deems reasonable and just. RESPECTFULLY SUBMITTED: PARK LA~OCI~. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. t' t'~ill "I t ' 'il " '"" ' ' I lip .,: 1 _~ !,. I . . ,... .... J" Il !Ifil! l :lB: -Iii[, :l .1.. :j . !lj~-~ ""' :'"' ' "' . ,, .,~ j Ill', l I I Il I , J , .. j I ,: I I..l J: :: l: ?'Il . l,l :, J.i-.. , :j:,,.:,: :,,,:,:! ,, ::h, .!: ,,,, :.:m. :. lJJ ~i l,:l!h l,:,lll: l,,[,!,h i,: Iii J:J~ l-I ~..i. . ...... lumum~ I~mm imyumm mmim~ ulwlm Im~umml,~mu mm~mll~m ~ am imm m AFFIDAVIT STATE OF MISSOURI cOUNTY OF PLATTE, TO-WIT: On this (~3L0 day of duly ,2001, came before me, a Notary Public in the jurisdiction aforementioned, CHRIS COMO, who at, er being duly sworn, deposes as follows: I, CHRIS comO, hereby certify that I am a Manager of Citicorp Credit Services, Inc.; that I authorized to execute this Affidavit on behalf of Citibank (South Dakota), N.A.; that I make this affidavit of my own personal knowledge and am competent to testif7 to all matters contained herein; that I am personally familiar with Account No. 5410654775490516 . 4128003133558042 ' that the defendant signed an Application for Credit Card which forms the basis for this account; that ra used or authorized use of said credit card for thexzurc_h.ase of goods Andrew C Made[ ...... 19753.86 ; that and/or services and cash advances; that the existm~ ba ance ot tl~e account is :~ demand has been made upon Andro~ C:. i, taclt,~r~ for payment of this amount; that Andrew C Mnd,t rn was sent a copy of the Disclosure Statement with the credit card; that payment has not been made pursuant to the agreement between the parties and that said amount, plus continuing interest and attorney's fees is due and owing to Citibank (South Dakota), N.A.; that I have made diligent search and inquiry to determine whether the defendant, Andrew C Nnclotra , is in the military service of the United States of America; and, as a result of such sea'ch and inquiry, have determined and ascertained that the said defendant hereto is not in the military services of the United States and is not entitled to any of the rights and privileges as prescribed Under the Soldiers and Sailors Civil Relief Act of 1940, as amended. I certify the above to be true and correct to the best of my knowledge and belief. Title Manager Under limited power of attorney for Citibank (South Dakota), N.A. STATE OF MISSOURI COUNTY OF PLATTE, TO-WIT; The foregoing Affidavit was acknowledged before me this<:~ day of Jul,,, ,2001, by CHRIS COMO, whose title is MANAGER, on behalf of Citibank (South Dakota),-N.A., a South Dakota corporation, on behalf of the corporation, d~,~,~x;..~ Given under my hand this ~-~day of Jul)' ~ ""W~IU1 '" ~TAR~PU BL lC JAYE LEWIS Notary Public - Notary Seal State of Missouri Clay County My Appt, Expires June 05, 2005 DOZOR AUSLANDER & STEIN BY: BARBARA FLUM STEIN, ESQUIRE ATTORNEY I.D. #41684 14 WEST THIRD STREET MEDIA, PENNSYLVANIA 19063 (610) 565-6100 - FAX (610) 565-4449 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA SUZANNE M. PRICE Plaintiff VS DAVID E. PRICE Defendant : NO. 01-5768 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRELIMINARY OBJECTIONS 1N THE NATURE OF A MOTION TO DISMISS COMPLAINT FOR LACK OF VENUE The Preliminary Objections are filed for the purpose of dismissing the Divorce Complaint for lack of venue. AND NOW, comes the Defendant, David E. Price, who files the following Preliminmy Objection pursuant to Pa. R.C.P. 1920.2. 1. Suzanne M. Price is the Plaintiff in the above captioned matter. 2. David E. Price is the Defendant in the above captioned matter. On or about October 3, 2001, a Complaint in Divorce was filed in the above captioned matter in the Court of Common Pleas of Cumberland County. Divorce was filed in Cumberland County, when at the time the Plaintiff had only resided in Cumberland County for a period of two (2) weeks. Throughout the course of the parties' marriage the parties resided in Delaware County, Pennsylvania. Defendant currently resides in Delaware County, Pennsylvania. The marriage and the marital domicile were in Delaware County, Pennsylvania. 7. Defendant continues to reside in Delaware County, Pennsylvania. 8. A Complaint in Divorce was filed by Petitioner on October 12, 2001, in Delaware County, Pennsylvania. 9. Pursuant to Pa.R.C.P. 1920.2 proper venue lies in Delaware County where the parties were married and resided during marriage. 10. No assets relative to the divorce exist in Cumberland County. WHEREFORE, Defendant respectfully requests this Honorable Court to DISMISS the instant Divorce Complaint for lack of venue. Respectfully submitted, BA~N, ESQUIRE Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DELAWARE I, Barbara Flum Stein, Esq. , verify that the information contained in the within Motion to Dismiss is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made and subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~UM ST~IN, ESQ. DATE: SHERIFF'S RETURN CASE NO: 2001-05769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS MADEIRA ANDREW C - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MADEIP~A ANDREW C the DEFENDANT , at 2100:00 HOURS, on the 10th day of October , 2001 at 4526 WARRINGTON AVE MECHANICSBURG, PA 17055-7308 by handing to ANDREW MADEIRA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10o00 .00 36.45 Sworn and Subscribed to before me this /~ ~-- day of ~ ~o ~ A.D. t~r~t honot ary So Answers: R. Thomas Kline lO/ii/200i PARK LAW ASSOCIATES By: Deputy Sheriff VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O.Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CITIBANK (South Dakota) N.A. Plaintiff vs. ANDREW C. MADEIRA Defendant I HEREBY CERTIFY THAT THE ADDRESSES OF THE PARTIES ARE: PTF: 7920 NW ll0TH ST. KANSAS CITY, MO 64153 DEF: 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 4128003133558042 5410654775490516 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 01-5769 PP. AECIPE FOR JUDaMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant ANDREW C. MADEIRA for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $19,753.86 $ 4,937.00 $ 1,541.33 $ (0.00) $ (o.oo) TOTAL $26,232.19 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhi~~ VALERIE-ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff NOW, /¢ , , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed at the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 7920 NW 110TH ST. KANSAS CITY, MO 64153 DEF: 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS ANDREW C. MADEIRA Defendant NO. 01-5769 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: ANDREW C. MADEIRA 2515 GEI'f¥SBURG ROAD CAMP HILL, PA 17011-7308 DATE OF NOTICE: 10/31/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITI-IOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER EVIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: ~ VALERIE ROSENBLUTH PARK, ESQ. CC' THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 7920 NW ll0TH ST. KANSAS CITY, MO 64153 DEF: 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 C~EPJ~ COD1TTY COD-RT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS ANDREW C. MADEIRA Defendant NO. 01-5769 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS : VILLERIE ROSENBLUTH PD~RK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that ANDREW C. F~%DEIRA, Defendant is over 21 years of age; that his/her place of residence/business is located at 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW ASSOCIATES, P.C~C~ Vale,re R~senbluth Park Attorney for Plaintiff EiO VALERIE ROSENBLUTH P/%RK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFP I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 7920 NW ll0TH ST. KANSAS CITY, MO 64153 DEF: 2515 GETTYSBURG ROAD CAMP HILL, PA 17011-7308 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) Plaintiff VS NO. 01-5769 ANDREW C. MADEIRA Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages PLEASE CALL: number:(215) IF YOU HAVE ANY QUESTIONS Park Law Associates, P.C. 348-5200. CONCERNING THIS NOTICE, at this telephone PROTHONOTARY: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street DoylestoWn, PA 18901 (215) 348-5200 ATTORNEY FOR pLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS ANDREW C. MADEIP~A Defendant NO. 01-5769 pP. AECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE