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Home My WebLink About01-2773 VALERIE ROSENBLUTH PARK, ESQUIP~E Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTOP~NEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~ON PLEAS CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. LEISA BOUASANOUVONG Defe~nt NO.~,-- ~ ~ O ~'~-~ 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, ~O TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LECq%L HELP. CUMBEPJ~AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 THIS IS AN ATTEMi~T TO COLLECT A DEBT. ANY INFORMATION OETAIhmu 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#: 4128003781738441 CUMBERLAND COUNTY COURT OF COMMON PT.U~S CITIBANK (SOUTH DAKOTA) N.A. 7920 NW ll0TH ST. KANSAS CITY, MO 64153 PLAINTIFF VS LEISA BOUASANOUVONG 22 WARWICK CIR MECHANICSBURG, PA 17055-2642 CIVIL AC .TION- 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 LEISA BOUASANOUVONG, with a place of residence located at 22 WARWICK CIR MECHANICSBURG, PA 17055-2642 . COUNT I - CONTRACT 3. At the request of the Defendant, Plaintiff issued to Defendant a credit card, account 4128003781738441; 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. Defen~_nt, 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 02/12/2001, the Defendant had incurred charges in the sum of $3,787.27. Defendant may be entitled to payments made after 02/12/2001 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 22.40 and the Plaintiff is entitled to additional finance/service charges from 02/12/2001. 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 $946.00. WHEREFORE, Plaintiff demands judgment against the defendant in the sum of $3,787.27 plus attorney,s fees of $946.00 plus interest from 02/12/2001 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 ATTEM~T TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CO~T~' II UNJUST 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 $3,787.27 plus attorney,s fees of $946.00 plus interest from 02/12/2001 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: 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 ATT~T TO COLLBCT A DEBT. ANY INFORMATION OBTAINED WILL BE USZD FOR THAT PURPOSE. AFFIDAVIT STATE OF MISSOURI COUNTY OF PLA'I'rE, TO-WIT: On this day of FEBRUARY . 2001. reme before me. n Notary Public in the jurisdiction aforementioned. CHRIS COMO , who, after being duly sworn, deposes as follows: I, CHRIS COMO , hereby rertify thet I em a Muneger of Citieorp Credit Serviees, Inc.; that I am authorized t~ execute this Affidevit on behalf of Citibenk (South Dekoto). N.A.; thet I meke this effidevit of my own personal knowledge uud em competent to testify to ell metiers eontuined herein: tbet I am pereonully femiliar with Account No. 41280037817~8441 ; that the defendant signed en Application for Credit which forms the basis for this account; that Leis" Boues"nouvong used or authorized use ofesid credit account for the purehose of Boods end/or servires and cesh edvunees; that the eaisting beience of the eecount is S 3787.27 ; that demand hos been mede upon Leis" Boues"nouvong for peyment of this amount: that Leis" Boues"nouvong was sent e copy oftbe Disclosure Statement with the eredil cord; thet peyment has not been made pursuant to the agreement between tho parties end that said amount, plus eontlnuing interest and attorney's fees is due end owing to Cilibenk (South Dakota), N.A.; that I hove made diliaent ,eof eh end inquiry to determine whether the defendant. Leis. Boues"nouvong , is in the mililary esrvic~ oftbe United States of America; end, os a result of such s"ereh and inquiry, have determined and asrertained that the s"id defendent is not in the military services of the Unitecl Steres nnd is not entitled to any of the rights and privileges es prescribed under the Soldiers and Sailors Civil Relief Act of 1940. es emended. I certify the above to be true end correct Io the best of my knowledge and belief. Title MANAGi~R under limited power of attorney for CITIBANK (~OUTII DAKOTA), N.A. STATI~ OF MISSOURI COUNTY OF PLATTE, TO-WIT: The foreffoinff Afl~devit wes eekuowiedaed before me this _ ( ~(~ dayof FEBRUARY 2001, by CHRIS COMO , whose title is MANAGER . on behlfofCitJbuuk (South Dakota), N.A., · South Dakota ~orporetion, on behelfof tbe corporation. Given under my bend this_ ( t~ allay of My ~ommission expires: EXHIBIT SHERIFF' S RETURN - REGULAR CASE NO: 2001-02773 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/gD CITIBANK SOUTH DAKOTA NA VS BOUASANOUVONG LEISA 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 BOUASANOUVONG LEISA the DEFENDANT , at 1651:00 HOURS, on the 8th day of May , 2001 at 22 WARWICK CIR MECHANICSBURG, PA 17055-2642 by handing to BORR BOUASANOUVONG, FATHER 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: So Answers: Docketing 18.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.82 05/09/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before By: me this q3o~ day of D~puty Sheriff ~ ~Ze~/ A.D. /P~othonotary VALERIE ROS~BLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOP. NEY FOR PLAINTIFF IN THE COURT OF C0~ON PLEAS OF CO~BEI~.LAND, PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. LEISA BOUASANOUVONG Defendant NO. 01-2773 SUC4~ESTION OF BANERUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PA~/( LAW ASSOCIATES,~. C.