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HomeMy WebLinkAbout07-15761 t CIVIL ACTION - LAW Plaintiff Defendant NO. NOTICE TO DEFEND Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 & MIGLIACCIO, LLP Jordan W. Felzer, Esquire irnev ID # 38670 Jr izerLionmiaw.com T ree Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC 475 Market Street Elmwood Park, NJ 07047 V. Jin K Kim 4205 Chestnut St Camp Hill, PA 17011 YOU have been sued in Court. If you wish to defend against the claim 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 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. 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. ti CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of CHASE MANHATTAN BANK, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: 1. Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 475 Market Street, Elmwood Park, New Jersey 07047. 2. Defendant, Jin K Kim, is an adult individual residing at 4205 Chestnut St, Camp Hill, Pennsylvania 17011. 3. Plaintiff, CSGA, LLC, purchased certain accounts from CHASE MANHATTAN BANK, along with all rights pertaining thereto, and is the lawful successor-in-interest on those certain accounts, including an account belonging to the Defendant as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. Jin K Kim 4. Defendant entered into an agreement for an extension of credit with CHASE MANHATTAN BANK under a revolving charge account issued in the name of the Defendant bearing account number 5417122783275371, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. 5. There is a principal balance due and owing on the account in the amount of $7,551.33 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 7. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. Interest accrued in the amount of $5,805.54; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. Jin K Kim 8. Plaintiff hereby incorporates paragraphs one through seven above as though more fully set forth at length hereinafter. 9. The principal balance of $7,551.33 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of CHASE MANHATTAN BANK, creating an equitable claim which Plaintiff now holds as successor in interest. j 1. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. BRU SON & MIGLIACCIO, LLP Attor s for Plaintiff By: J dan W. Felzer, Esq., ID# 38670 jfelz lobmlaw.com Thre eshaminy Interplex Suite 1 Trevose, PA 19053 (800) 834-4066 ACCOUNT#: 13484143060417093 Forwarder: CSGA, LLC Acct#: 5417122783275371 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: CHASE MANHATTAN BANK Debt Type: CC STATUS: LEGAL WIP# Days Left Assigned to: LPAMCCOLLUM 0 0 Placement 04/13/2006 $7,551.33 Last Payment $0.00 Principal $7,551.33 Interest $5,805.54 Attorney $0.00 Court $0.00 Misc $0.00 BALANCE $13,356.87 Personal Information Debtor 1 First JIN K Address 4205 CHESTNUT ST City CAMP HILL Country USA Work Tel Ext SS# DOB Spouse Bank and Asset MI Last Name KIM ST PA Zip 17011-4103 Province Home Tel Fax Driver's License # State There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $7,551.33 Awarded Int $4,154.32 Attorney Fees Court Costs Misc Costs Accrued Int Total Placement $7,551.33 _Original Loan Terms Contract Date Number of Payments Interest Rate % 24.99 Collateral Debt Type Credit Cards Last Payment Date 05/26/2003 Last Payment Amount Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 03/13/2007 12:03:48 tichilA'M VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /' " 19 6 ? CSGA, LLC V C R. r'^ t t-I Va V7 C'ti's Q Ttl c 113 SHERIFF'S RETURN - NOT FOUND CASE-NO: 2007-01576 P .C_"OMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CGSA LLC VS KIM JIN K R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KIM JIN K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT KIM JIN K 4205 CHESTNUT STREET CAMP HILL, PA 17011 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR OVER FOUR YEARS. Sheriff's Costs: So ans Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 3130lb'1 C ? 47.40 BRONSON & MIGLIACCIO 03/27/2007 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC CIVIL ACTION - LAW 475 Market Street Elmwood Park, NJ 07047 Plaintiff NO. ??? _ 1S-.71 u? Jin K Kim 4205 Chestnut St Camp Hill, PA 17011 Defendant NOTICE TO DEFEND YOU have been sued in Court. If you wish to defend against the claim 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 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. 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; (800) 990-9108 NSON & MIGLIACCIO, LLP TRUL -1 the seal of 4 Carle, PA Jordan W. Felzer, Esquire irney ID # 38670 q)lobmlaw.com Tree Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 41 CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of CHASE MANHATTAN BANK, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: 1. Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 475 Market Street, Elmwood Park, New Jersey 07047. 2. Defendant, Jin K Kim, is an adult individual residing at 4205 Chestnut St, Camp Hill, Pennsylvania 17011. 3. Plaintiff, CSGA, LLC, purchased certain accounts from CHASE MANHATTAN BANK, along with all rights pertaining thereto, and is the lawful successor-in-interest on those certain accounts, including an account belonging to the Defendant as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. Jin K Kim 4. Defendant entered into an agreement for an extension of credit with CHASE MANHATTAN BANK under a revolving charge account issued in the name of the Defendant bearing account number 5417122783275371, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. . 5. There is a principal balance due and owing on the account in the amount of $7,551.33 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 7. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. Interest accrued in the amount of $5,805.54; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. Jin K Kim 8. Plaintiff hereby incorporates paragraphs one through seven above as though more fully set forth at length hereinafter. 9. The principal balance of $7,551.33 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of CHASE MANHATTAN BANK, creating an equitable claim which Plaintiff now holds as successor in interest. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. BRO SON & MIGLIACCIO, LLP Attor s for Plaintiff By: J dan W. Felzer, Esq., ID# 38670 jfelz lobmlaw.com Thre eshaminy Interplex Suite 1 Trevose, PA 19053 (800) 834-4066 ACCOUNT#: 13484143060417093 Forwarder: CSGA, LLC Acct#: 5417122783275371 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: CHASE MANHATTAN BANK Debt Type: CC STATUS: LEGAL WIP# Days Left Assi ned t LPAMCCOLLUM Placement 04/13/2006 $7,551.33 Last Payment $0.00 Principal $7,551.33 Interest $5,805.54 Attorney $0.00 Court $0.00 Misc $0.00 g o. 0 0 BALANCE $13,356.87 Personal Information Debtor 1 First MI Last Name JIN K KIM Address 4205 CHESTNUT ST City CAMP HILL ST PA Zip 17011-4103 Country USA Province Work Tel Home Tel Ext Fax SS# Driver's License # DOB State Spouse Bank and Asset There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $7,551.33 Awarded Int $4,154.32 Attorney Fees Court Costs Misc Costs Accrued Int Total Placement $7,551.33 Original Loan Terms Contract Date Number of Payments Interest Rate % 24.99 Collateral Debt Type Credit Cards Last Payment Date 05/26/2003 Last Payment Amount Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 03/13/2007 12:03:48 i&itla it *All VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 12' -19 - 6 ? CSGA, LLC "uU L0112Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC : CIVIL ACTION - LAW V. JIN K KIM : No. 07-1576 PRAECIPE TO REINSTATE CIVIL ACTION COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Civil Action Complaint in regard to the above captioned matter. Felzer, Esquire for Plaintiff ID 14o. 38670 Thjee Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (215) 244-8105 jfelzer@lobmlaw.com 9.5 ....T?• c:n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC CIVIL ACTION - LAW 475 Market Street Elmwood Park, NJ 07047 Plaintiff NO. CIO 4 V. Jin K Kim 4205 Chestnut St Camp Hill, PA 17011 Defendant NOTICE TO DEFEND YOU have been sued in Court. if you wish to defend against the claim 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 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. 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 C: 'y S P 32 S. Bedford Street -.r,. !F E , A 52 Carlisle, PA 17013 M. r M M ` (717) 249-3166; (800) 990-9108 rQ ?- rv p r" BRONSON & MIGLIACCIO, LLP C- w no TIM CM FMM REWRC In Taft" rrl .1 into apt my W11 ad *A shot sad :1 Car", Pa. 1"I dat, A MqAAh„ s' 7 Jordan W. Felzer, Esquire irnev ID # 38670 1onmtaw.com Neshaminy Interplex, Suite 301 ;e. PA 19053 Telephone (800) 834-4066 CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of CHASE MANHATTAN BANK, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: 1. Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 475 Market Street, Elmwood Park, New Jersey 07047. 2. Defendant, Jin K Kim, is an adult individual residing at 4205 Chestnut St, Camp Hill, Pennsylvania 17011. 3. Plaintiff, CSGA, LLC, purchased certain accounts from CHASE MANHATTAN BANK, along with all rights pertaining thereto, and is the lawful successor-in-interest on those certain accounts, including an account belonging to the Defendant as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. Jin K Kim 4. Defendant entered into an agreement for an extension of credit with CHASE MANHATTAN BANK under a revolving charge account issued in the name of the Defendant bearing account number 5417122783275371, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. 5. There is a principal balance due and owing on the account in the amount of $7,551.33 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 7. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. Interest accrued in the amount of $5,805.54; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. Jin K Kim 8. Plaintiff hereby incorporates paragraphs one through seven above as though more fully set forth at length hereinafter. 9. The principal balance of $7,551.33 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of CHASE MANHATTAN BANK, creating an equitable claim which Plaintiff now holds as successor in interest. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Jin K Kim, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $7,551.33, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. BRO SON & MIGLIACCIO, LLP Attor s for Plaintiff By: J rdan W. Felzer, Esq., ID# 38670 jfelz lobmlaw.com Thre eshaminy Interplex Suite 01 Trevose, PA 19053 (800) 834-4066 ACCOUNT#: 13484143060417093 Forwarder: CSGA, LLC Acct#: 5417122783275371 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: CHASE MANHATTAN BANK Placement 04/13/2006 $7,551.33 Last Payment $0.00 Debt Type: CC Principal $7,551.33 Interest $5,805.54 Attorney $0.00 STATUS: LEGAL Court $0.00 NIP# Days Left Misc $0.00 Assigned to: LPAMCCOLLUM 0 0 BALANCE $13,356.87 Personal Information Debtor 1 First JIN K Address 4205 CHESTNUT ST City CAMP HILL Country USA Work Tel Ext SS# S? DOB Spouse Bank and Asset MI Last Name KIM ST PA Zip 17011-4103 Province Home Tel Fax Driver's License # State There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $7,551.33 Awarded Int $4,154.32 Attorney Fees Court Costs Misc Costs Accrued Int Total Placement $7,551.33 Original Loan Terms Contract Date Number of Payments Interest Rate % 24.99 Collateral Debt Type Credit Cards Last Payment Date 05/26/2003 Last Payment Amount Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 *-AhJ0i ` A11 03/13/2007 12:03:48 VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: S -19 " 61 CSGA, LLC Ki s ?` . Z -o d' ? . Z O, ? ? ?? r Z' ?. t ?? SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-01576 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CGSA LLC VS KIM JIN K R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: KIM JIN K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , KIM JIN K 4205 CHESTNUT STREET CAMP HILL, PA 17011 NEVER RECEIVED RESPONSE FROM ATTORNEY CONCERNING THE SERVICE ADDRESS. Sheriff's Costs: So answer 3 Docketing 18.00 ?, - -' Service .00 Affidavit .00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County .00 b1da ?b ? ?-`? 28 • 00 BRONSON & MIGLIACCIO 08/20/2007 Sworn and Subscribed to before me this day of A. D.