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Home My WebLink About01-0815VALERIE 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. JAMIE PURDUE Defendant NO. Ol -- NOTICE 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. A~T INFOP~ATION 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#:5424180117943347 CUMBERLAND COUNTY COURT OF COMMON PLEAS CITIBANK (SOUTH DAROTA) N.A. 7920 NW ll0TH ST. KANSAS CITY, MO 64153 PLAINTIFF VS JAMIE PURDUE 832 BOSLER AVENUE LEMOYNE, PA 17043-1820 DEFENDANT NO. 0/- ~ CIVIL ACTION-LAW 1. The Plaintiff is Citibank (South Dakota) N.A., a nationally charted banking institution with a place of business located at 3940 Olympic Blvd. Erlanger, KY 41018 2. The Defendant is JANIE PURDUE, with a place of residence located at 832 BOSLER AVENUE LEMOYNE, PA 17043-1820 COUNT I - CONTRACT 3. At the request of the Defendant, Plaintiff issued to Defendant a credit card, account 5424180117943347; 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 11/09/2000, the Defendant had incurred charges in the sum of $4,013.47. Defendant may be entitled to payments made after 11/09/2000 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 22.40 and the Plaintiff is entitled to additional finance/service charges from 11/09/2000. 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 $1,003000. WHEREFORE, Plaintiff demands judgment against the defendant in the sum of $4,013.47 plus attorney's fees of $1,003.00 plus interest from 11/09/2000 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 ENRIC~NT 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 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 in the sum of $4,013.47 plus attorney's fees of $1,003.00 plus interest from 11/09/2000 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: PA~RK LAV~IA~' 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 ATTEMPT 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 BE USED FOR THAT PURPOSE. AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE, TO-WIT: On this ~ day of NOVEMBER , 2000, came before me, a Notary Public in the jurisdiction aforementioned, JEANETTE M. BROWN , who, after being duly sworn, deposes as follows: 1, JEANETTE M. BROWN , 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 I am personally familiar with Account No. 5424180117943347 ; that the defendant signed an Application for Credit which forms the basis for this account; that Jamie Purdue used or 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 $ 4013.47 ; that demand has been made upon Jamle Purdue for payment of this amount; that Jamie Purdue 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, Jamie Purdue , 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: CITICORP CREDIT SERVICES, INC. T MANAGER under limited power of attorney for CITIBANK (SOUTH DAKOTA), N.A. The foregoing Affidavit was acknowledged before me this . day of 2000, by , whose title is (South Dakota), N.A., a South Dakota corporation, on behalf of the corporation. JEANETTE M. BROWN NOVEMBER MANAGER , on behalf of Citibank NOVEMBER ~ 2000.~ Given under my hand this . ~ day of My commission expires: EXHIBIT SHERIFF' S RETURN - REGULAR CASE NO: 2001-00815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS PURDUE JAMIE JASON VIOPJtL Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE JAMIE PURDUE DEFENDANT at 1518:00 HOURS, on the 12th day of at 832 BOSLER AVENUE LEMOYNE, PA 17043 KIETH WAGNER OERSON IN CHARGE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the February , by handing OF RESIDENCE to together with a true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before me this ~Z~ ~ day of /~/~ ~,z~! A.D.~ ~P~othonotary / · , So Answers: R. Thomas Kline 02/13/2001 PARK LAW ASSOCIATES 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 CITIBANK (SOUTH DAKOTA) Plaintiff VS. JAMIE PURDUE Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO. 01-815 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition of Bankruptcy on March 13, 2001 in the United States Bankruptcy Court case number 0101245 RJW. PARK LAW ASSOCIATES, P.C. BY: ~p V~ ARK, ATTORNEY FOR PLAINTIFF ESQUIRE