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Home My WebLink About01-04589.. 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 CUP7BERLAND ESQUIRE COUNTY COURT OF CONIMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. JOE ISHINO Defendant NO. Q) - kr~~ ~ic,+~~,~~~1 NOTICE t 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. CUP~ERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 TH25 IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. :~~. .~,..,m~,m,., VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 pOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:5424180079515224 CULIBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. 7920 NW 110TH ST. KANSAS CITY, MO 64153 PLAINTIFF VS JOE ISHINO 40 LOGANS RUN ENOLA, PA 17025-1845 DEFENDANT NO.~~-'T~V~ L'l~r~~ ~~'IK 1. The Plaintiff is CITIBANK (SOUTH DAKOTA) N.A., a nationally charted banking institution with a place of business located at 7920 NW 110TH ST., KANSAS CITY, MO 64153, . 2. The Defendant is JOE ISHINO, with a place of residence located at 40 LOGANS RUN ENOLA, PA 17025-1845 . COUNT I - CONTRACT 3. At the request of the Defendant, Plaintiff issued to Defendant a credit card, account 5424180079515224; 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 05/31/2001, the Defendant had incurred charges in the sum of $3,082.96. Defendant may be entitled to payments made after 05/31/2001 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 23.49 and the Plaintiff is entitled to additional finance/service charges from 05/31/2001. 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 $771.00. WHEREFORE, Plaintiff demands judgment against the defendant in the sum of $3,082.96 plus attorney's fees of $771.00 plus interest from 05/31/2001 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 UNJUST ENRICHMENT 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. 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. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at trie 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 in the sum of $3,082.96 plus attorney's fees of $771.00 plus interest from 05/31/2001 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. Respectfully submitted: PARK LAW ASSOCIATES, P. BY: VALERIE ROSENBLUTH PARK,ESQ. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEP+IPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL SE USED FOR THAT PURPOSE. ~AFFgDAVIT STATE OF MISSOURI COUNTY OF PLATTE, TO-WIT: On this ~ day of MAY 2001 ,came before me, a Notary Public in the jurisdiMion aforementioned, CHRIS COMO ,who, after being duly sworn, deposes as follows: I, CHRIS COMO ,hereby certify that I am a Manager of Citicorp Credit Services, Inc.; that I am 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 testify to all matters contained herein; that lam personally familiar with Account No. 5424180079515224 ;that the defendant signed an Application for Credit which forms the basis for this account; that Joe Ishino used ar authorized use of said credit account for the purchase of goods and/or services and cash advances; that the existing balance of the account is $ 3082.96 that demand has been made upon Joe Ishino for payment of this amount; that Joe Ishino 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, Joe Ishino , is in the military service of the United States of America; and, as a result of such search and inquiry, have determined and ascertained that the said defendant 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. STATE OF MISSOURI COUNTY OF PLATTE, TO-WIT: CI , CR T SERVICES, INC. By Title MANAGER under limited power of attorney for CITIBANK (SOUTH DAKOTA), N.A. The foregoing Affidavit was acknowledged before me this ~ day of MAY 2001, by CHRIS COMO ,whose title is MANAGER (South Dakota), N.A., a South Dakota corporation, on behalf of the corporation. Givsn under my hand this ~ day of My Commission expires: on behalf of Citibank 2001, }3VE, c`~~tio o~ Sea ~p~~ ~};~55 ~p'1 No~at~} ~ ° o~ Copp\Y o ~c~,ti \04 }J~° N ARY UBLIC ~c~` cio~`es !°„ . ~•~a /, ~ p rc~~sw,..r EXHIEIT ~f a ~° a s m o ~s~ ~~ 'sus ~~; ~$~ ~~$~~ .~,~~~ ~ ~ ~°~~~ 5i ~$ g$g~s~~$g$~5~$ ~~ m 3ei s~'3~. g m°g~az~~v_ga .Y •samySe~ ¢~i4,sE. $~&- ~ g5~ O go m~~l'F $•~m~ 7i 9B $sig~4 i7y, $~$gmq ~ 7Q8$3~ ~ 9' m O ° i 5 i a ~ S r ~ Sr .~ m ~ mm ~$ $ $Z ~F ~O t+~`Lm n ar3 b~ ro ~~ ~ B° ^ ^ • 2 • ff o ^ ^ - ^ S • • $ $ 3 E3~m.y~ g n eo Lg.s gg }a s~ s~~.~ ~~7g~Eg@ a a e9 g ° "fig s ~ '$ ~ 8~s ~,~~ ~,~ ~ ~`~ m is °,~~ '~8$~~ i g. :~a"r~ ~'~ maw' sg~ 3 ~ ~ ~ ~S' a ~~~ ~Q s8s a . J: ~[ ,~, . ~ __ ~ ~~~5m ~.~.m4~ °~5~3 ~~nm§b49;~~5 C ~~m '~'i~ 33 '~~ ~~9 ~.m ~~ s 3g c r o $ ~ ~~;~s~a g #ys5a~~m ~ ~s~ ~~~ c3s~3~ s#6 ~~~ a t ~$ m ~ '' a m ~ ~ m.d m •• m s 2 g- g e 3 m 4. eta ~~ ~gz$~~~ .l~~8 ~~g~g~~~8 ~~~g ~ ~~~fi g ,~~ 5~g 9~~m. ~,~~~ ~ ~~ ~ ads ~ s S,r`mg~ g ~ 3 ~ ~ ~g ~ $~~ ~ ~ ~.~ ~~ a ~ ~~> ~~ a ~ 3= w ~.Q a ~ S `c =S ~B ~~ ~~.~ ~ ~~~ s~ ~$ ~~ ~~ ~~ g~ $~ ~~ g g¢gy~ 7QF~ • ^ ~~ ~• . as ~a ~~ ~Q E~ 8 F UO m Y m 2 6 N ~~ 44 '~ ~ a 8 5$ _ m~~ ~~ ~ = e $~ ~~ ~ Via. e . E~ .5~s_ ~~ r• ~ 8 9E $ a~~~~~.~~~~~~ ~ ~4 ~ ~~~ A ~ ~' LL,c cv ci~_, ~°- ~. F.<. 1 'J , . G..^ t~ `,- t-- ~S C) c~ ~~ ~~ ~ ~~ ~ ~ W r.~ } ~ ~ ~~`~ ~ ' 2 ~ ,4~~ ~ ~ ^Y ~ ~ ~ ` b ~~ I'n ... @CAF _. _..Q~~ ~ -_~,_ > u=arrma~~a~a°s~1~wn+~aA .~.°~~~w~*~4ni'~,--.. SHERIFF'S RETURN - REGULAR CASE N0: 2001-04589 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS ISHINO JOE BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ISHINO JOE the DEFENDANT at 1634:00 HOURS, on the 8th day of August 2001 at 40 LOGANS RUN ENOLA, PA 17025-1845 CHRISANNE ISHINO, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this ~G~ day of Q~,~~,/- o2DnU/ A . D . rothonotary '~'` So Answers: :~~~~!~ R. Thomas Kline 08/09/2001 PARK LAW AS5O IATES By: Deputy Sheriff Y n V~ILERIE 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 110TH ST. KANSAS CITY, MO 64153 DEF: 40 LOGANS RUN ENOLA, PA 17025-1845 5424180079515224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS JOE ISHINO Defendant ~ NO.O1-4589 FOR TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff the said Defendant for failure to plead or otherwise the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL and against respond to $3,082.96 571.00 $271.82 ($0.00) ($0.00) $4,125.78 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 Exhibit r: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, „)~i ~ Judgment is entered in favor of the laintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. t 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 ATTORNEY LD. # 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: 40 LOGANS RUN ENOLA, PA 17025-1845 CUMBERLAND COUNTY COURT OF COMMON PLEAS CTTIBANK (SOUTH DAKOTA) N.A. Plaintiff VS JOE ISHINO Defendant NO.Ol-4589 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JOE ISHINO 40 LOGANS RUN ENOLA, PA 17025-1845 DATE OF NOTICE: 8/29/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIltED OF YOU IN THIS CASE. UNLESS YOU ACT Wl"lIIIN TEN (IO) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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 , 4~' FLOOR CARLLSLE, PA 17013 (717)240-6200 PARK LAW ASSOCII',TES, P.C. K BY: V ERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT ,.~r. ~VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARR 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 110TH ST. KANSAS CITY, MO 64153 DEF: 40 LOGANS RUN ENOLA, PA 17025-1845 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS JOE ISHINO Defendant NO. 01-4589 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, 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 JoE IsxlNO, Defendant is over 21 years of age; that his/her place of residence/business is located at 4o LOGANS RUN ENOLA, PA i~o2s- ia4s 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, BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT.THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 7920 NW 110TH ST. KANSAS CITY, MO 64153 DEF: 40 LOGANS RUN ENOLA, PA 17025-1845 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS ~ NO. 01-4589 JOE ISHINO Defendant N~TICB 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 [ ] Money Ju [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by 3gm~ in in on 'on on on on on to Default ant Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts Judgment Note Writ of Revival Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NO'PICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. P ~6THON TARY: FAIR D//EBT COLLECTION P TICES ACT, IT IS THE FOLLOWING TO YOU. THIS iS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAS ~_.. ~ ~ _ rn - ~ ~ ~.J ~ ire ''=j ~_ dy j/~ ~r av ~~ -~. ~ r~ ~ r "` r ` ~, r:: ., ~n ~ ;'_ i ~~ ~ ~ ~. ;. ~~ .~.. 17 ~'~ ux~xw s..a;*> is _:.:_HtT € .+'„r~by+ aE.. s~9d~~~~-s:.~n~~"rtYm~€~"ktlhflE3R.. .- _.._ VALERIE ROSENBLUTH ANGST, ESQ. ATTORNEY ID#72094 ANGST & ANGST, P.C. 37 SOUTH CLINTON STREET P. 0. BOX 1779 DOYLESTOWN, PA 18901 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A Plaintiff VS JOE ISHINO Defendant N0. 01-4589 PRAECIPE TO MARK THE JUDQ~NT SATISFIED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. _ ANGST & ANGST, P.C. BY• VALERIE R SENBLUTH ANGST, ESQ. y ~ ~, = > ~. c~ --~ z - ""r tr_~ M1. 1V 'l~!?~ ~_ ~ ~~~ yi_; ~ ~,-_ ~ r-i !z~ . , ~} _.~ ~> ~: