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Home My WebLink About08-1613 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff No: D8- x(013 0'ivi (Terlh VS. COMPLAINT IN CIVIL ACTION YONG U KI Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04973983 C A Pit VOC 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff VS. Civil Action No YONG U KI Defendant COMPLAINT AND NOTICE TO DEFEND 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 any other claim 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. 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, LVNV FUNDING LLC is a corporation with offices at 15 SOUTH MAIN ST STE 700 GREENVILLE , SC 29601 . 2. Defendant is adult individual(s) residing at the address listed below: YONG U KI 11 E BEALE AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 150665690 . 4. Defendant made use of said credit card and has a current balance due of $8917.71 , as of November 20, 2006 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000g per annum on the unpaid balance from November 20, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. i 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , YONG U KI , INDIVIDUALLY , in the amount of $8917.71 with continuing interest thereon at the rate of 6.000% per annum from November 20, 2006 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbur h, PA 15219 (4 ) 43 -7955 F 41 -338-7130 0 9739 3 C A Pit VOC This law firm is a debt collector at em ,pting to collect this debt for our client and any information obtatr?ed will be used for that purpose. EXHN I PAYMENT MINIMUM BALANCE AS OF ACCOUNT ,0...,?.s.i..M" DUE DATE PAYMENT 09/23/2005 NUMBER PO. Box 660433. Dallas, TX 75266-0433 10!20/05 7;1,406.00 (8,230.22 4479-4814-0068-0472 Indicate Change of Address Below (toe blue or black ink) Address AMOUNT ENCLOSED (use blue or black ink) At City. State: Zi T ??ITI? „ n? Home Phone Wo k Phone cN00 Make Checks Payable to Washington Mutual E-Mail: PROVIDIAN PROCESSING SVCS. YONG U KI P.O. BOX 660487 11 E BEALE AVE 62328 DALLAS TX 75266-0487 ENOLA PA 17025-2804 11nt1I1I1nt1t1In1tt11It1I1ul11n1I1r1I111ut1 if 11'?IIIIIIIIttIIIIII'IIIIIIIIIIIIIIIIIII I11I11IIItI1lII1I11I 4479481400680472 0140600 0823022 0010000 24 N a. SEE@ Miller! DETACH HERE COLR9001 6092 0179 646 7 050923 Papa 1 of 1 N 000 62328 Important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with the overlimit amount immediately or call us at 1-800-280-9441. Your account is closed. Any balance you have will continue to accrue finance charges and fees and you will continue to receive billing statements until your balance is paid in full. Please destroy any checks and credit cards relating to this account. You will also need to cancel all automatic charges that are billed to this account. Closing your account does not stop these charges from being submitted by the merchant. Account Summary Statement Date 09/23/05 Credits & Payments $0.00 PWtrte-d at $1,4K.00 ofue ???:? ?h?rgett. 4• I?99.0 Credit Line $6,561.00 Cash Advances + 'Line as of 05Y231R6 $0.00 ?? FW14M OMW +. ` Available Credit for Cash Advances as of 09/23/05 _ 3822 $0.00 NEW BALANCE $8,23022 6001" *Iioii I "' Transactions Tran Post Date Data Ff.....I..er..., FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance Category Average Daily Periodic Annual % Finance Grace Dail Balance Rate Rate APR Charges Terns Standard Purchase - Current Cycle $8,094.70 .0797%' 29.09%' $ Standard Cash - Current Cycle $0 00 ° . ANNUAL PERCENTAGE RATE this billina cvcla .0797k 29.09 29.09%* $0.00 .00 Terrt?.l? 28.69% I nose me va \ For 24-hour Automated Account Information, please call 1-800-280-0561 or visit us at www.providian.com Your account is issued by Providian National Bank, Tilton, NH. . 0195 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. §4904 relating to unsworn falsifications to authorities, that I am Authorized Representative for, LVNV Funding LLC Plaintiff of the account of Yong U Ki, account number 4479481400680472 herein, that I am duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. Executed this 11th day of February, 2008. Subscribed and sworn to before me This 11th day of February, 2008. 6 Public WWR#1 ?C?J''j?<:?'? LVNV Funding LLC, as assignee of, Washington Mutual, By its: (Signature) Name: Dondrea Robinson Authorized Representative Susan G. Argentieri N Mary Public State , -?outh Carolina My (,c nm. Exp. 8-15-2015 Weltman Verification PA *f\c? \-) \Lk --n C)o 0 6 ' D _p y r"n cry SHERIFF'S RETURN - REGULAR CASE NO: 2008-01613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS KI YONG U ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KI YONG U the DEFENDANT , at 1500:00 HOURS, on the 17th day of March , 2008 at 11 E BEALE AVENUE ENOLA, PA 17025 YONG U KI by handing to 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 Service Affidavit Surcharge 31?gjbk (?- 18.00 14.40 .00 10.00 .00 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/18/2008 WELTMAN WEINBERG REIS B . Deputy eriff A.D. A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff VS. Civil Action No. 08-1613 YONG U KI Defendant OBJECTION TO THE COMPLAINT AND COUNTERCLAIM OBJECTION TO THE COMPLAINT 1. N/A 2. Yes, I live in the Cumberland County, PENNSYLVANIA. 3. No. 4. No. 5. No. 6. N/A 7. No. COUNTERCLAIM 1. This case should be dismissed because it is against the double jeopardy! Defendant already sent the letter to ask the validation of the debt to one of WELTMAN, WEINBERG & REIS CO., L.P.A., by certified mail on January 13, 2006, however, there was no response at all to this present time! The copy of the mail is attached hereto, marked as Exhibit "A," and made a part hereof. 2. The Plaintiff breaks the law continuously as they are listing the tradeline as open with a past due balance. Even the Plaintiff already violated the defendant's rights by placing that account on defendant's reports without first notifying defendant of the debt. 3. The Debt Collector, WELTMAN, WEINBERG & REIS CO., L.P.A., keep harassing and threatening the defendant by phones, mentioning the legal sue! That's all against the law; the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA [Validation of debts [15 USC 1692g] (b)]. WHEREFORE, Defendant requests to dismiss the case and that to delete the defendant's name on any credit reporting agency once and for all! Respectfully submitted Yghg U. Ki, Defendant .' January 12, 2006 Phillips & Cohen Assoc. Ltd. 258 Chapman Rd. Suite 205 Newark, DE 19702 Ref.: So-called your account# 4409335 First of all, I have no idea about LVNV (Funding, LLC); and that I NEVER made any kind of arrangements with that company! You are making story!! By this fake story you are threatening me to pursue! I have NEVER made any kind of arrangement with LVNV!! Second You should send me the letter right after first contact on the phone; unfortunately, however, you failed to follow it up! That's against the law! Third; You threatened me many times to sue me; as you might know, that's another illegal behavior as Collection Agency! Fourth; One of your employee pretended as my original creditor (Washington Mutual); but Andrews Grant was not from Washington Mutual; and that he made fun of my financial situation! Humiliation, Harassment & Threatening!! You are clearly (already) in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA [Validation of debts [15 USC 1692g] (b)]. If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued. Finally I am asking you no further communication from (specially calls) you before I receive the demanded proof of this alleged debts validity via federal and case law! That includes all your operation offices in the States, specially Florida office! Regards, o RE? EIPT CERTIFIED MAIL , -, rLn Provide. (Domestic Yong U. Ki For delivery information visit our website at www.usps.com, M u? rti Postage E hs [`- ° o Certlfled Fee ° ° Retum Reoelpt Fee (Endorsement Required) ° fu 03 Res Mcted Delivery Fee (Erboraement Requ F d) Total Postage & Fees ` ?'?L Ln C3 ° SW To '_' -' -J Guht so , ? Box Ab. or)*O tn7 =!J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff VS. Civil Action No. 08-1613 YONG U KI Defendant NOTICE TO PRODUCE There was no timely and appropriate response at all to the defendant's OBJECTION TO THE COMPLAINT AND COUNTERCLAIM, which was filed and delivered by certified mail, on March 31, 2008 until June 23, 2008! 1. Plaintiff's FIRST REQUEST FOR ADMISSIONS, which was not filed and delivered by regular mail, does not prove that Plaintiff has the legitimate ownership for the so-called account except the Providian bank statement! The relationship between Providian and UVNV FUNDING LLC should be proved with the legal document! 2. To prove this case is not against the double jeopardy, the relationship between WELTMAN, WEINBERG & REIS CO., L.P.A. Phillips & Cohen Assoc. Ltd., and James C. Warmbrodt should be provided! WHEREFORE, Defendant requests THE NOTICE TO PRODUCE the supporting documents, and Defendant firmly believe it is not proper time to respond to the Plaintiff s FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS at this moment. Respectfully submitted rte? ?? C ^.-) "ti ? s? (_y ;? .--4 "'t"i .,.?-• ?. ?y "? ...,s '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff, vs. YONG U KI, Defendant. Case No.: 08-1613 MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 04973983 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff, Case No.: 08-1613 vs. MOTION FOR SUMMARY JUDGMENT YONG U KI, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $8917.71 with interest at the interest rate of 6.0% per annum from November 201', 2006, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around June 171i, 2008, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. Defendant filed a Notice to Produce which is not a permissible response. He did not respond to any of our Requests for Admissions. A true and correct copy of the Notice to Produce is attached hereto as Exhibit "D" and made a part hereof. 6. No response to the discovery demands has been received from the Defendant. WWR No. 04973983 7. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he has made no payment on the credit card since November 21", 2005; that he applied for the credit card; that the statements attached to Plaintiffs Discovery Request correctly identify the payments, charges, and balances on the account; that he has not submitted any written disputes as to billing inaccuracies; and that $8,917.71 is a correct and accurate balance on the credit card account. 8. Defendant says in his answer that Plaintiff never sent him verification of the debt. 9. August 21 ", 2006 Plaintiff sent verification of the debt to the Defendant as he requested. 10. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 11. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $8917.71 with interest at the legal interest rate of 6.0% per annum from November 20th, 2006, and costs. Respectfully Submitted: By: / Benjami er, Es. PA I.D. # 598 WELTMA INBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 uire & REIS CO., L.P.A. WWR No. 04973983 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff vs. YONG U KI Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04973983 C A Pit VOC 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff VS. Civil Action No YONG U KI Defendant COMPLAINT AND NOTICE TO DEFEND 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 any other claim 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. 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, LVNV FUNDING LLC is a corporation with offices at 15 SOUTH MAIN ST STE 700 GREENVILLE , SC 29601 . 2. Defendant is adult individual(s) residing at the address listed below: YONG U KI 11 E BEALE AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 150665690 . 4. Defendant made use of said credit card and has a current balance due of $8917.71 , as of November 20, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000 per annum on the unpaid balance from November 20, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , YONG U KI , INDIVIDUALLY , in the amount of $8917.71 with continuing interest thereon at the rate of 6.OOOW per annum from November 20, 2006 plus costs. es/ WEL ,?WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit-sbur h, PA 15219 (4 ) 43 -7955 FA 41 -338-7130 0d9739,i3 C A Pit VOC This law firm is a debt collector a tem .ing to collect this debt for ej4pl our client and any information obta' will be used for that purpose. :; r PO. Box 660433• Dallas, TX 75266-0433 indicate ChwW of Address Below (use due or black Ink) Address, PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 09/23/2005 NUMBER ,o2oros s,,aoe.oo gs,230.22 44794814-0068-0472 City: State, Zip: Home Phone: Work Phone. E-Mail: AMOUNT ENCLOSED (use blue or black Ink) $?DF]O[:]r ?? N Make Checks Payable to Washington Mutual 000 PROVIDIAN PROCESSING SVCS. YONG U KI 6z3z6 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 75266-0487 ENOLA PA 17025-2804 Il,nlrll6nLl,ll,nllnlbntltsill lrlrttllnltlttklllllt1 lntlllntllIs is rtltltltits tltllt,ltllu?,lultill ukllltlnl 4479481400680472 0140600 0823022 0010000 24 DETACH HERE N r tttt>• COLR9001 6092 0179 54C 7 050923 Papa 1 of 1 N 000 62328 Important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with the overlimit amount immediately or call us at 1-800-280-9441. Your account is dosed. Any balance you have will continue to accrue finance charges and fees and you will continue to receive billing statements until your balance is paid in full. Please destroy any checks and credit cards relating to this account. You will also need to cancel all automatic charges that are billed to this account. Closing your account does not stop these charges from being submitted by the merchant. Account Summary rr• ..e'Sc°.c ._^- •x.-zxv ='4: x3? 5:.. 'cFh-•°.x ir°i.T+.? xF?=. rfi• .T:..'?: iu°4z':.u yxr-. •rR crn:r:'eFiS'?F?y:fxiiF =yii'FFT- ..x_ ; .._• :.dr` .:.Fy<4: .:s'.2°..:e5 :<. _ .....:. 4.x c•'?5--'iii'.-::. _7•.r _" _.....ea.yer•4TP:WWII. e x .. iT9E: ?i:x?:.. r, `a-•-.'er..,e,?„s: .x.:_.xx ., :»r•ss i::: 44 . c.: x?'•'s`c:'.:v? ew? :..::?.*4i?i.•'_'vc:c-:iCiii::::::; ..e•-y ?..: ? : _?._ a Tc_t ? z .c -cx• xri..k.. Ht..t 9:='?'?" •?.*,?;?,`a'`i.-:. ?.....C's^4s?'?6-._xx??.,.... _, .. ?iF?u??°u%u?is?iF:......... .. -.x ??z<!!?? Statement Date 09/23/05 Credits & Payments $0.00 x •s'k. c.. - 2src?- :.=-M. vM.;rs-c:•?sxx•-• SOON:. 11-1110. :. r:?a 'i y :?iiix-s'',"?`?5ix,! vC'2'Y 1. xx cx?f':FSY=f_k _ y <4 ki` NO Credit Line .: as $6,561.00 Cash Advances + tr•: _ . x_a:- ?: _; :" z:t _ =may= s,__ -?FF•F? F rrr: r: "rG_r ;? uss::s?:.: F<4? 0,0 .::..h _. .: '.. :''[x.'F`?:uSL'?..:.Ci..':3:_:: .'?A.;4`.?•_?. ......??.iiCF+FaiF3f'.:':_u<?ia;`:cS:'.S2?Fii::'x: ?la Available Credit for Cash Advances as of 09/23105 $0.00 NEW BALANCE _ $8,230.22 c ` •1. ' 'z:r 4.c ..''<'sT:?F `"f- - i?^ykc aF' - xFiSFi. :::.t"iE.t ..c Fis???xl: cxi • ; : .... T?L4i?.r?:sxxw"'•??'...?. ..iT?e?• . .. F: F •e z 4? --? aii4i <c x?:i:< • .._.: -ec. -c. x.., :. .: -. '??:. ?::r ?-:xr.v :. xc.: ..it. ..cFx . F:..c ... .:. ????5?? .. . `? ..;....?;izFE!;F:$,.,..... :i`:?i<:'hF`?'•.e:o:.`:::?iii.....c..•.a.....!^;e'`1k:: Transactions Train Post Date Date Description Reference Number Amount Sep 21 Sap 21 LATE PAYMENT CHARGE 0000 $39.00 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE Balance Category Average Daily Periodic Annual % Finance Grace Daily Balance Rate Rate (APR) Charges Terns Standard Purchase - Current Cycle $8,094.70 .0797%• 29.09%' $193.54 Term A Standard Cash - Current Cycle $0.00 0797%' 29.090/0` $0.00 TlerrtyS.- ANNUAL PERCENTAGE RATE this billing cycle: 28.69% 'These rates-may vary. For 24-hour Automated Account Information, please call 1-800-280-0561 or visit us at www.providian.com Your account is issued by Providian National Bank, Tilton, NH. / 0 w, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC Plaintiff VS. Civil Action No. 08-1613 YONG U KI Defendant OBJECTION TO THE COMPLAINT AND COUNTERCLAIM OBJECTION TO THE COMPLAINT 1. N/A 2. Yes, I live in the Cumberland County, PENNSYLVANIA. 3. No. 4. No. 5. No. 6 N/A r.a . ca 7 No . . ° GAiADIt -_ c.:: . COUNTERCLAIM 1. This case should be dismissed because it is against the double jeopardy! Defendant already sent the letter to ask the validation of the debt to one of WELTMAN, WEINBERG & REIS CO., L.P.A., by certified mail on January 13, 2006, however, there was no response at all to this present time! The copy of the mail is attached hereto, marked as Exhibit "A," and made a part hereof. 2. The Plaintiff breaks the law continuously as they are listing the tradeline as open with a past due balance. Even the Plaintiff already violated the defendant's rights by placing that account on defendant's reports without first notifying defendant of the debt. 3. The Debt Collector, WELTMAN, WEINBERG & REIS CO., L.P.A., keep harassing and threatening the defendant by phones, mentioning the legal sue!-That's all against the law; the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA [Validation of debts [15 USC 1692g] (b)]. WHEREFORE, Defendant requests to dismiss the case and that to delete the defendant's name on any credit reporting agency once and for all! Respectfully submitted Yo g U. Ki, Defendant E Phillips & Cohen Assoc. Ltd. 258 Chapman Rd. Suite 205 Newark, DE 19702 Ref.: So-called your account# 4409335 January 12, 2006 First of all, I have no idea about LVNV (Funding, LLC); and that I NEVER made any kind of arrangements with that company! You are making story!! By this fake story you are threatening me to pursue! I have NEVER made any kind of arrangement with LVNV!! Second You should send me the letter right after first contact on the phone; unfortunately, however, you failed to follow it up! That's against the law! Third; You threatened me many times to sue me; as you might know, that's another illegal behavior as Collection Agency! Fourth; One of your employee pretended as my original creditor (Washington Mutual); but Andrews Grant was not from Washington Mutual; and that he made fun of my financial situation! Humiliation, Harassment & Threatening!! You are clearly (already) in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA [Validation of debts [15 USC 1692g] (b)]. If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued. Finally I am asking you no further communication from (specially calls) you before I receive the demanded proof of this alleged debts validity via federal and case law! That includes all your operation offices in the States, specially Florida office! Regards, Ln r*ostal Service o MAIL, CERTIFIED R Ln Yong U. Ki '` verago .-.0- N N t Poefape $ ,. , o W Fee C3 ReWm (Endo nem«?RequWM WFee Ln TOM PoStWe & Fees $ C3 _ S" TO / vU t?L1 SD C-. or PO8=Alm ? W.m?a,&i+a -_._.---- - ------ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LVNV FUNDING LLC, Plaintiff, V. NO.: 08-1613 YONG U KI, Defendant. PLAINTIFF'S FIRST REQUEST FOR ADIVIISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LVNV FUNDING LLC, Plaintiff, V. NO.: 08-1613 YONG U KI, Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word rson s " means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a 12erson(s) means to state the full name and present or last known address and business address of such rson s and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word !identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every rson s participating in such an act; (3) identi all other person s (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the person (s presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter, number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1 Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2• Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO 1 Defendant applied for the credit card referenced in Plaintiff's Complaint. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 2• The attached monthly statements, from December 20, 2004 through September 20, 2005, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REQUEST FOR ADMISSION NQ3 The last payment on the account was made on November 21, 2005. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 4• Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO 5• $8,917.71 is a correct and accurate current balance of the credit card account in question. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. tsexiamm FV51b-rer, Esquire PA I.D. 598 WEL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR: 4973983 CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the -_12!lAay of 2008, upon the following: Yong U Ki I 1 E Beale Ave Enola, Pa 17025 PAYMENT IaNMIUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 1129200111 NUMBER P.O.0 . esom. WIS. Tx 752VAM 12/20/04 994t Do i6,er10S 4479-4814006&0472 hr3orA Chum. M Adaew Swim (use hka x bk* la0 Addrs.: AMOLINT ENCLOSED fuse blue or bled In1Q - Hom. Ph": W^A Phn N 000 Make Chedo Payable to WnMngton Mutual E•Md: PROVIDIAN PROCESSING SVC& YONG U KI 0 P.O. BOX 660467 938 11 E BEALE AVE DALLAS TX 75266-0487 ENOLA PA 17025.2804 Ourir6InJd11111 11111111111111 lloil111 11 ?rrr'IIIIIIIIIrrli11111111111111111111 4474481400680472 0034100 0691905 0016700 24 DETACH HERE .. e C CDLR9e01 6192 1012 me 7 961123 Peas 1 of 1 N doe 93017 For 24-hour Automated Aoooutt Information, please call 1-800-280-0561 or unit w at www.providianoom Your account Is luued by Providlan National Bank, Tilton, NH. FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance, Category Avenge Deily Periodic Amami % Finance Oracs Dally Balarm Rate Rste (APR) Cheroae Terms Standard PLUDI no - Current Cycle $6,766.53 .0797%• 29.09%• $156.39 Term A Standard Cash - Current Cycle $0.00 .0797%• 29.09X• $0.00 Term B ANNUAL PERCENTAGE RATE this billing cycle: 27.73% 'These rates mw vary. 33976 (03!07) NMN0002 PAYMENT MDMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 061242606 NUUM P.O. a.. Seem. 0.1b., Tx 752w4w o7mA>S le0s.00 i7,e96.9e 4479.481440088.0472 Midlar Grates, of Adder aoler. bows Was, or Wok Ink) AMOUNT ENCLOSED flow blow or black Ink) Addisss: coty.- - zo. $ 00000. ?? Flan. Ptah: - Wn?k w?a,.• N n00 Make Chrdra Payable to lNpWngton mutual s>s i S? E-M.I: PROVIDIAN PROCESSING SVCS. YONG U KI 77265 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 76266.0487 ENOLA PA 17025.2KK 1111,11111trt66list list 16tnf 11I61116tt1loll 1ttt116tt1 11911111,tlife M11aloft Ittsill IIIIt11tnf11AM11still lt611 4479481400680472 0090300 0763836 0018000 24 DETACH NEW C C01a9111 6192 9116 1140 7 15164 Peen 1 of I M 6110 7n" Important IAssaapas YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT UNIFT. Pisses pay the minimum payment listed above long with the ovetimk amourd immediately or cal us at 1-800.280.9441. Your account is dosed. Any balance you have will confine to accrue 8narroe charge se and tees and you will oar8nue to receive billing stebemerds urdtl your balance is paid in full. Please destroy any chsda and credit cards elating to this account. You will We* need to cal all autotnatio charges that an billed to this acownt. Claft your account dose not stop thefle chages from being submitted by the merchard. 8tatarrtara Dam M 24M Orodb 6 PaYmwfts $0.00 Credit Line $6,861.00 Cash Advances + $0.00 Available Credit for Cash Advances all of o&24M MWEENNI'll $0.00 NEW BALANCE _ =7,698.96 Transactions ran N Dab Dab Jun 22 Jun 2Y LATE PAYMENT CHARGE RNarsrtoe Number Amount 0000 FOR BILLING ERRORS AND IWORTANT INFORMATION, SEE REVERSE BIDE ? Balance Category Avaraga Dally Parfodk Annual % Finance Grace DaIN Balance Rats RNs (APR) Charges Tarns 9landard Purchase - Current Cycle $7,510.10 .0797%' 29.09%• $179.57 Tarm A Standard Cash - Current Cycle $0.00 .0797%• 29.09%• $0.00 Term B ANNUAL PERCENTAGE RATE the Oft cycle: 2ti 89% . . For 24-hour Automated Acwsont Inform stbn please call 1-900-280.0561 or i it These retce t may vary , v s Your account Is Issulod by Providian Natlonal Bank, Tilton, NFL us a www.prmrldlan can 33976 (03)07) NMN0002 PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 0111124/200i NUMBER P.O. Box 66481, DNa, TX 762664132 1 ?? ?? f 1X00.00 S7,ee7.ee 4471-481440068-4477 21dka1. Clanek of Ad6w 9a ow [use bar a bkdc Irk) Acl*a pwr AMOUNT ENCLOSED lugs bin or Ekek 46r1 city: S- s DDE C10 ?0 N. Phone:.. Wdk Ph"' . N Make CMdo Pa t abl W 0 y e aNlglpon Mutual! 000 PROVIOIAN PROCESSING SVCS. YONG U KI P.O. BOX 660487 65226 11 E BEALE AVE DALLAS TX 75286.0487 ENOLA PA 17025-2804 111111111111gill 11111111111111111111111hill 111111111111111111 loll 1ti111111111111111i1i11111t11111i111r11rr1111111111i11i11i 4474481400680472 0120000 0744768 0010000 24 DETACH HERE n, C COLR9102 6692 also ova 7 @Sam Paea 1 of 1 N 666 65226 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE BIDE. Balance category Avenge Dally PwIlodlo Annual % Finance Grace Daily Salaloe Rah Rate CAPRI CheNVSS Tarns Standard Purchase - Cumer t Cycle $7,854.01 .0797%• 29.09%• $190.18 Term A Stoddard Cash - Cument Cycle $0.00 .0797%• 29.09%• $0.00 Tenn B ANNUAL PERCENTAGE RATE this billings cycle: 28.1110% -Thew raise may v ery. For 24-hour Automated Aooourt Information, please oW 1800-280-0561 or visit us at www providion.nont Your Bcoount Is Issued by Providfan Nallonal Bonk, Tifton, NH. 33976(03/07) NMN0002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , ca C7 ?v r, a CIVIL DIVISION- n 77 LVNV FUNDING LLC `-= Plaintiff __ • • -'' 'µ" VS. Civil Action No. 08-1613 YONG U KI Defendant NOTICE TO PRODUCE There was no timely and appropriate response at all to the defendant's OBJECTION TO THE COMPLAINT AND COUNTERCLAIM, which was filed and delivered by certified mail, on March 31, 2008 until June 23, 2008! 1. Plaintiff's FIRST REQUEST FOR ADMISSIONS, which was not filed and delivered by regular mail, does not prove that Plaintiff has the legitimate ownership for the so-called account except the Providian bank statement! The relationship between Providian and UVNV FUNDING LLC should be proved with the legal document! 2. To prove this case is not against the double jeopardy, the relationship between WELTMAN, WEINBERG & REIS CO., L.P.A. Phillips & Cohen Assoc. Ltd., and James C. Warmbrodt should be provided! Si.Vj c?Q73Q`6]' WHEREFORE, Defendant requests THE NOTICE TO PRODUCE the supporting documents, and Defendant firmly believe it is not proper time to respond to the Plaintiff's FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS at this moment. Respectfully submitted - --t//Coul Z., - Yon U. Ki Defendant BROOKLYN HTS., OH WELTMAN WEMERG & REIS CO L P A 216.739.5100 , ., . . . ATTORNEYS AT LAW BURLINGTON, NJ 609.914.0437 CHICAGO, IL ppp? cele6aafr.' 312.782.9676 OF INNOVI TION CINCINNATI, OH . °NOwT"' "ESULT! 513.723.2200 CLEVELAND,OH 216.685.1000 August 21, 2006 Young U. Ki 11 E. Beale Ave. Enola, PA 17025 RE: OUR FILE NO. 4973983 Balance Due: $8,230.22 plus accrued interest in the amount of $564.37 through August 21, 2006 plus interest thereafter at the rate of 6.00% per annum Our Client: LVNV Funding LLC Account No. 150665690 Dear Ms Ki: COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 GROVE CITY, OH . 614.801.2600 PHILADELPHIA, PA 215.599.1500 PITTSBURGH, PA 412.434.7955 Enclosed is the verification of the above-mentioned debt which you requested. Please contact our office to discuss this matter further. This law firm is a debt collector attempting to collect this debt for our client, and any information obtained will be used for that purpose. Very truly yours, Melissa Matousek Verification Representative (216) 739-5100 mmm:jmy Enclosures VFL1 .F 323 W. Lakeside Avenue, Suite 200 • Cleveland, Ohio 44113-1099. 216-739-5100 0 www.weltman.com PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 09/23/2005 NUMBER PO. Box 660433. Dallas, TX 75266-0433 lonao5 j1,406.00 ;e,23o.22 44794814-0068.0472 Indicate Change of Address Below (use blue or black ink) AMOUNT ENCLOSED (use blue or black ink) Address: Aw City State Zip: $????? E 10 Home Phone Work Phone. N Make Checks Payable to Washington Mutual 000 E-Mad: PROVIDIAN PROCESSING SVCS. YONG U KI 62328 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 75266-0487 ENOLA PA 17025-2804 I11$ 11 1 111111111111111111111111 111111111 1111111111 1111111111 1 is 11111511 111111111111 1111111111 11111 111 111 11 111 4479481400680472 0140600 0823022 0010000 24 N DETACH HERE COLR9001 6092 0179 846 7 050923 Page 1 of I N 000 62328 Important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with the overlimit amount immediately or call us at 1-800-280-9441. Your account is closed. Any balance you have will continue to accrue finance charges and fees and you will continue to receive billing statements until your balance is paid in full. Please destroy any checks and credit cards relating to this account. You will also need to cancel all automatic charges that are billed to this account. Closing your account does not stop these charges from being submitted by the merchant. Account Summary ..:,4E:.axx<xx: x ....`zi=•i.... 94: .c?._i-.hid - .4. w?....?._., <: :. .. ..c:r. •::-......._p ..: -tiz:x<exe: _•:..:::S:v.... , ei.x.:::: ? ? ?_c; _o.. .. .: - .` ,.x, ..__... ?" ....-,c ..u .- ...?:. '.+c:Fc•x.a.?4.•.-..ec?:.%..:.. .:?.?..?.:.Y..?_.. .... :......lisiF32....:..x .....................c.....c_............,. ... _.<., .... .... Statement Date 09/23105 Credits & Payments g._r.. - rx ec?< q: "M ...::z'..<":.Y :i2E5.xx?i_Riia.°.:'Ei ki?'Z--ui:-•r:.:-cx ix r<x•..3r'r."xxse ?e'i'sE . - xrx•. _ vr ;ycz:F:e:ex. . i_ - :=i x ,a ::: _ _ 1111 .:_ :c:4S_:xx :..rc. x. •;;,_:i x ..: 4_ . _ ::" ::::_ . , ks $OAO 'RE X ?«Ei_=x<?xx<ii_<i; Credit Line $6,561.00 Cash Advances + $0.00 . ..: ... .. Ts -8x::2 • x:EiEi3:i ,ica-xr.::n;x+Y-par.:x?cs.. !i'.x..:._:a x x .k. ._ t ,?. -_: _ ._... _ x< ?r.,.. x.-;i. •:.. «?•_ Li 1 <. ?i is :..?..:.::- :::i ? ,i::, _. !¢?.x-?5'..,?..?:?M,:!?!!.<?... ,...':6., Rii ,< c?`f ': Ei5c•'c ?tyi`ziEErc`:xi!i Available Credit for Cash Advances as of 09/23/05 $0.00 NEW BALANCE - $8,230.22 e?yr•:•ei:xgi:.::eeii;<;F<".'r, x?<•.x:c..c:r::?e?r••:x:-:xx:a:xaxr?r•x:r WON -. sxm. x, •Rg:c ?_xx^x' - iii':.<'.xtz .4 • _ €*xu .::.: x • :::::2:? : ir.....a:x <.nsx._n:...<......x;s.<a ;9419 i<xr ::xx . .....: r ? ? s^... . ....,y<...:::x::x:c....::x :.... .._rd....__<..<x.. a.:E...........c <. ._•i?iar.:..x_,..? ?: ._ izcxox. _... .. - ....s.:.... xfi .............. ........ ?F ... ... :. z e -•_ :x-r-...x. .. ... c.N. .....u.. c ...::css:•.:': .<'i i•,... x a<.:...........xcic:i....x .....x....... _ n_iigw :y?gz< ...... ...._..._....c<_.c&`!c<.ax _r..x.... ..... ......... ....<..._... .. ..u<.......:x.<....._:::::::?xx.>f:'?6x:.-iii!::?li«.i`:;_?9999*c:<.._ <x"4 ....._...._u.......'.ef<.tc.?:°...`c?,.....<x?::.c.4xY,....._'4 ......................_..,..........<......._.:......._.-_..........,....... _....._.x.____. ,_<......_:.,._<.c...<.......,........_<.c._.._:.........,::..._..::.:. :::,c:::;:::: Transactions Train Post Date Date Description Reference Number Amount Sep 21 Sep 21 LATE PAYMENT CHARGE 0000 $39.00 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance Category Average Daily Periodic Annual % Finance Grace Daily Balance Rate Rate (APR) Charges Terms Standard Purchase - Current Cycle $8,094.70 .0797%' 29.09%" $193.54 Term A Standard Cash - Current Cycle $0.00 .0797%' 29.09%* $0.00 Ternj_I_ ANNUAL PERCENTAGE RATE this balling cycle: 28.69% 'These rates-rn'av varv- For 24-hour Automated Account Information, please call 1-800-280-0561 or visit us at www.providian.com l (~? f Your account is Issued by Providian National Bank, Tilton, NH. r 01915 Ar1A ).I(VV).) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. WWR No. 04973983 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in Support has been served by U.S. Mail, Postage Pre-Paid, on jrday of + , 2008 upon the following: Yong U Ki 11 E Beale Ave Enola, Pa 17025 By: PA I.D, #2 8 WELTMAN, L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 04973983 WEINBERG & REIS CO., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff, vs. YONG U KI, Defendant. Case No.: 08-1613 ORDER OF COURT AND NOW, to-wit, this day of , 2008, upon Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $8917.71 with interest at the rate of 6.0% per annum from date of judgment, plus costs. BY THE COURT J. WWR No. 04973983 ??"113; s PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) VS. ( Plaintiff ) (Defendant) No. Civil \U r I 2`> OY 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's Aginirrer to ccmplaint, etc.): 2. Identify counsel who will argue case: (a) for plaintiff: Address : We1an, Weinberg & Reis Co. 1400 Koppers Bldg. 436 7th Ave. Pittsburgh. PA 15219 (412) 434-7955 (b) for defendant: ?Cx? U Address: 6 -C 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: t"s C: C= -cr u' vy - -?y n- _ ` -- C CYN Ga I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LVNV FUNDING LLC Plaintiff VS. Civil Action No. 08-1613 YONG U. KI Defendant OBJECTION TO SUMMARY JUDGMENT 1. There has been no single document presented yet to prove that the Plaintiff has the legitimate ownership of the Defendant's account except the Providian Bank statement! LVNV Funding LLC purchase charged-off accounts from the creditors and pursue the debtors to collect the unpaid amounts. However LVNV doesn't collect the accounts by themselves, but again forwards the accounts to various collectors and attorneys, like WELTMAN, WEINBERG & REIS CO, L.P.A., for collection. Without any validating document, the Plaintiff exhibited only the verification by Dondrea Robinson, who self-claimed the authorized representative for LVNV Funding LLC, and at the same time the assignee of the Washington Mutual; that's a clear contradiction! 2. WELTMAN, WEINBERG & REIS CO, L.P.A., the collection agency for LVNV Funding LLC, has more than 10 offices in U.S.A.; as soon as Defendant received letter from two offices of them, Defendant formally requested to validate the account; there was no responses at all since then! e 1 3. Pittsburgh office of WELTMAN, WEINBERG & REIS CO, L.P.A. has no direct contact at all until the civil action was filed; no single phone call and no single letter before filing; it's against the Fair Debt Collection Practices Act! WHEREFORE, Defendant requests THE FINAL NOTICE TO PRODUCE THE DOCUMENT. Respectfully submitted October 3, 2008 C. tit> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LVNV FUNDING LLC Plaintiff VS. Civil Action No. 08-1613 YONG U. KI Defendant AUTHORIZATION OF REPRESENTATIVE PURSUANT TO PA. R.C.P.M.D.J. NO. 207(B) To the Court of Common Pleas: I designate Joon Ha Lee to act as my authorized representative in the above-captioned matter. Date: October 17, 2008 Name: Yong Ui Ki gnatur Authorized Representative Contact Information: Name: Joon Ha Lee Address: 11 E. Beale Ave., Enola, PA 17025 Phone: (717)303-8842 N C ? ? .... ?' L ? '"C . ??? . ?' #20 LVNV FUNDING LLC, Plaintiff V. YONG U KI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 1613 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, GUIDO, JJ. ORDER OF COURT AND NOW, this 20TH day of NOVEMBER, 2008, after reviewing the briefs filed by the parties, and having examined the record, we are satisfied that there is a genuine issue of fact as to whether Plaintiff has a right to enforce the debt owed by the Defendant to Providian National Bank. Therefore, Plaintiff's Motion for Summary Judgment is DENIED. Edward E. Guido, J. -' Benjamin R. Bibler, Esquire Yong u. Ki 11 East Beale Avenue Enola, Pa. 17025 Court Administrator . -p6czc (;) ?tL :sld mat LL 60:1114V I Z AON 8602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff, vs. YONG U KI, Defendant. No. 08-1613 PLAINTIFF'S NOTICE PURSUANT TO PA.R.C.P. 1305(b) FILED ON BEHALF OF -s-. CD, Plaintiff COUNSEL OF RECORD OF THIS PARTY: ` J James C. Warmbrodt, Esquire PA. ID #42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04973983 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff, No. 08-1613 vs. YONG U KI, Defendant. PLAINTIFF'S NOTICE PURSUANT TO PA.R.C.P. 1305(b) AND NOW, comes the Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby gives notice pursuant to Pa.R.C.P. 1305(b) of its intention to offer into evidence at the arbitration hearing the following documents, the copies of which are attached hereto: 1. Monthly Statements dated from December 20, 2004 through September 20, 2005. 2. Bill of Sale from Washington Mutual Bank dated November 29, 2005. 3. Sale and Assignment from Sherman Originator, LLC, dated November 30, 2005. Respectfully Submitted: James C. brodt, Esquire P.A. ID#4 5 WELT N WEINBERG & REIS CO., LPA 1400 K p rs Building 436 Se e h Avenue Pittsb , Pa 15219 James C. Warmbrodt, Esquire WWR # 0493983 PAYMENT MIm1M m BALANCE AS OF ACCOUNT ' DUE DATE PAYMENT 11232004 NLNBER 4{79.48140068'1)472 P.O. B. 660433. Was. TX r3 WOM 1220104 413'11.00 f6r019.05 Mosel Chops oT Ad?aen Belse 14ae blw ?? AMOUNT ENCLOSED ( bW- a Wyk Inq AddFtm: y : C"er. 9ms Zro' W ' N Male Cheeks Payable to WasMnaton Mutual H4xn Phonc TYoAc M, ne ODD E-ma: PROVIDIAN PROCESSING SVCS. YONG U M 93017 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 75266-0487 ENOLA PA 17025.2804 list r1r61n4LL16n11111111ribr11$Bir6u16r61ur1111111 11 It 111Is 111ris 111111It 111of ,11If 1,11Is 11U11If 11111 11IsI 4474481400680472 0034100 0691905 0016700 24 DETACH HERE r'. w C COLR9011 6092 0012 Is" 7 041123 Pepe I of 1 M 000 95017 Available Credit for Cash Advances as of 11/23!04 $D.00 NEW BALANCE = $6,919.05 Tranaselia Tran Post FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE Balance Csteaory Average Daily Periodic Annual % Finance Orate Daly Balance Rate Rats (APR) Charoes Terms _ Standard Purchase- Current Cycle $5,766.53 .0797%' 29.0976' $156.39 Term A Standard Cash • Current Cycle $0.D0 .0797X' 29.09%' $0.00 Term B ANNUAL PERCENTAGE RATE this billin^ cycle: 27.73% 'These rates may vary, For 24hour Automated Account Information, please call 1.800.280.0561 or visit us at www.providian.com Your account Is Issued by Providlan National Bank, Tilton, NH. 33976 (03/07) NMN0002 PAYMENT MMIMAUM BALANCE AS OF ACCOUNT DUE DATE PA171ENT 08242005 NUTABER 0721!05 i9Q9J]0 57,838.98 4478-08140068-0472 P.O. B. OW39, 000 TX 75296.003 IMIta10 Cbege of Adder Brloe fur bkre or bWJt Ink) AMOUNT ENCLOSED (ur blue or biwk k*Q t Steno' Aot. ZA s ??1I??a?M i cy. by: k Pb ' N Make Chod a Payable to Washington Mutual one Home Phrnm: Wo - - 000 E-Mail: PROVIDIAN PROCESSING SVCS. YONG U KI 77265 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 75288-0487 ENOLA PA 17025-2804 {{ur{?{r{nr?r{?{{ut{{n{{nu{u{{??{i{un{{u{r{w{{{ru{ {ur{{{ur{{{uur{?{r{?{ur{?{{u{t{{nu{n{m{{ar{{{r?u{ 4479481400680472 0090300 0763838 0018000 24 DETACH HERE w C COU29001 6092 0110 e4C 7 050624 Pope 1 of 1 N 000 77265 Important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum paymard listed above along with the ovedimit amount immediately or call us at 1-BDO.28D-9441. Your acoourd is dosed. Any balance you have will continue to saw" finance charges end foss and you will continue to receive billing statements until your balers Is paid in full. Please destroy any checks and credit cards relating to this account. You will also reed to cancel ell aulomstic charges that am billed to this account. Closing your account does not stop these charges from being submitted by the msrchard. Account Summary 1111 Stalemwd Date 06124105 Credits 3 P _aymwds - $D.OI Credit Line - ., $5 561.OD Cash Advances + $0.00 YW 57 p Available Credit for Cash Advances as of 0624MS $0.00 NEW BALANCE _ $7,638.38 TransaWons ran Post onto Date Dsscrl n Reference Number Amount Jun 22 Jun 22 LATE PAYMEM CHARGE 0000 9.00 FOR BILLING ERRORS AND IIIIIPORTANT INFORMATION, SEE REVERSE SIDE. Balance Category Average Daly Periodic Annual % Finance Grace Daly Balance Rats Rate (APR) Charges Terms Standard Purchase - Current Cycle $7,510.10 .0797X' 29.09X' $179.57 Term A Standard Cash - Current Cycle $0.00 .0797X' 29.0976' $0.00 Term B ANNUAL PERCENTAGE RATE this billing cycle' 2889% 'These rates may vary . For 24-hour Automated Account Information, please call 1-800-280-0561 or visit us at www.providion.com Your amount Is Issued by Providlan National Bank, Mon, NH. 33976 (03/07) NMNOD02 PAYMENT MINIMUM BALANCE AS OF ACODUNr DUE DATE PAYMENT 061240O05 NUMBER PA. em x60433, D+bo,TX 75236-0439 . .1 - Change M Addtaaa Brier (use blw or bled; bd) Dgrzoras t+ oo s7,e87.00 4476.4614-0068-0472 Addraa Dar: Sua' AMOUNT ENCLOSED (wee, blw of blydc Inl4 $ E001:0.00 N Mala Chodo Payable to We"glon Mutual Hums Phan: Weds Phan DDO E•Ms1: PROVIDIAN PROCESSING SVCS. YONG U KI 6S220 P.O. BOX 660487 11 E BEALE AVE DALLAS TX 75266-0487 ENOLA PA 17025-2804 I I I I I I I It I I 11111 all 1111111111111 it I I I it I I I 1111111 IN l is I I II I I II III a IIIIIII IIIlrllll IN 11111 11 4 111111illti 1101111111111 111 11 111 4479481400680472 0120000 0799768 0010000 24 DETACH HERE C COLR9001 6092 0150 04a 7 050024 Pqw 1 of 1 N 000 63220 to 0 0 Credit tine $6,561.00 Cash Advances T t $0.00 I OPEN Available Credit for Cash Advances as of 0824/05 170-00 NEW BALANCE $7,997.68 e? Da NEW Transactions Tran Post Date Date Description Relerancs Number Amount Aug 22 Aug 22 PAYMENT RECEIVED - THANK YOU DDOD00000008718825 740 DOOR 11(100.00) Aug 22 Aug 22 LATE PAYMENT CHARGE Om 939 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE Balance Category Average Daily Periodic Annual % Finance Grace DaRy Balance Rate Rate (APR) Charges Terms Standard Purchase - Current Cycle $7,954.01 .0797%' 29.09X' $190.18 Term A Standard Cash - Current Cycle $0.00 .0797%• 29.09X' $0.00 Term B ANNUAL PERCENTAGE RATE this billing cycle: 28.88% . 'These rates may vary For 24-hour Automated Aooourd Information, please call 1-800-280-0661 or vied us at www.providian.com Your account Is Issued by Providian National Bank, Tilton, NH. Important Mos&RW YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with the overGmit amours immediately or call us at 1-800.280.9441. Your account is dosed. Any balance you have will continue to accrue finance charges and less and you will cont)rue to raw" bilfing statements until your balance is paid in full. Please destroy any checks and credit cards relating to this account. You will also need to cancel all automatic charges that are billed to this account. Closing your account does not stop these charges from being submitted by the merchant. Amount Summary f58 Statement Date 0824/05 Crodds 6 Payments $100.00 33976 (03107) NMN0002 Bill of Bate Washington Mutual Be* for value roceivod and in eccordaoce with the tams of the Purchase sad gals Agreement by and between Wuhingttm Mutual Bank ad SHUMAN ORIOWATOP, U C C'P=bsW), dated u of November 2!, 1005 (the °Agreemenn, dose bateby sell, aAWP and Uw Ar to i'MUM, its secorsa and usips, all right, Me and mtem in and to the Amu= bswd in the Am= Schedule attached (es flay be amended in accordance with tbo Agrewsat) es Appesdlx A to the ASreatoank without recourse mid wtthm represeaadon or warranty of oollsedbiliZ or odmMse, except to du extent SWM In the BCeoutcd an wuhingcon Mmual sank Paint acne ?.. ° •'"Titer ,qa-?3q?3 A SALE AND ASSIGNMENT Sherman Ori inator LLC ("Originator" )t in consideration of the receipt of the purchase price of therefore, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("Company"), in accordance with the provisions of the Sale Agreement dated as of April 29, 2005, between Originator and Company (the "Agreement"), the Receivable Assets (as defined in the Agreement") identified on the Receivable File (Exhibit A) dated 11/30/05 that is hereby delivered to Company and accompanies this Sale and Assignment. Dated: November 30, 2005 SHERMAN ORIGINATOR LLC a Delaware limited Liability company By: 7__w Name: Les Gutierrez Title: Authorized Representative S:`.Shared Financial,.Reports`\Assignmenrof CollateralTurchases\SOLLC to LVNV funding`,22005'Assignment SOLLC to LVNV funding. 11.30.05.doc Exhibit A Receivables File - Portfolio IDs 11.30.05 5860 5861 5858 5859 5897 5898 5895 5896 5943 5944 5941 5942 5946 5947 5948 5958 5919 5924 5989 5990 5991 5992 5995 6001 5993 5994 5945 5911 5970 5971 5850 5999 5951 5952 5964 5965 6000 5875 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the with Plaintiff's Notice Pursuant to Pa.R.C.P. 1305(b) was served on the day of 2010 by first class, U.S. Mail, postage-prepaid, addressed as follows: Yong U Ki 11 E. Beale Avenue Enola, PA 17025 James C,/Varmbrodt, Esq. Y r LN N V Find f?. ion u ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. MP) , oVL 2006 N) _ N RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially m lbe Following form: -" PETITION FOR APPOIN77MENT OF ARBITRATORS ; f Ev =xj TO THE HONORABLE, THE JUDGES OF SAID COURT: C?C,1 ?1GtYYlI r1 ?bW counsel for the aintif efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ S The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: UiIm IN 1)" WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF C URT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, A a4 . oo Po Am/ C& R @394'3 04 CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators was served by U. S. Mail, postage prepaid, this day of, _UQV?201(, upon the following: Yong U Ki 11 E Beale Ave Enola, Pa 17025 By: Be jamin R. Bibler,Esquire PA I D# 93598 Weltman, Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 A S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ypnq u ?? `J NO. ? ? _1) , Q V I(- 2008 C) N N RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in *6* Following form: -:? <= W rt PETITION FOR APPOINTMENT OF ARBITRATORS GJ TO THE HONORABLE, THE JUDGES OF SAID COURT: W-60MI D 11011 r , counsel for the ainti efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: wlamm %1? WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF C V A?ND, NOW, o?<o , 20id , in consideration of the foregoing petition, l?Y • Esq., and '/Orom" 1 d ?UY??.? Esq., and Esq., are appointed arbitrators in the above caFgoragd ft on (or actions) as prayed for. By the 14 / ?Ai '1?311j 00 &a39q'3 414, Y LZ ??' t ?2 cd LVNV FUNDING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 08-1613 CIVIL YONG U KI, Defendant ORDER AND NOW, this !,(+ day of May, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. H. Anthony Adams, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, /H. Anthony Adams, Esquire Court Administrator _ co L94CXC' I tom. I A-) 4 L :rlm S f ? ?. f iv t-A O s• -q 3 N 43? ALED 'gF THE PR'` , nTARY 2010 V1110' 14 P111 2* 55 CUM .13 0 t' LINTY PcNivS)TV,''+".1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC Plaintiff vs. YONG U KI Defendant No. 1613, CIVIL 2008 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04973983 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC Plaintiff vs. YONG U KI Defendant Civil Action No. 1613, CIVIL 2008 PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WEL,TMA", EINBERG & REIS CO., L.P.A. By: James,C: Warmbrodt, Esquire Attorrfey for Plaintiff 2 1 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04973983 SWORN TO AND SUBSCRIBED before me this day 2010 of 11&:1 12010 N TARY PUBLIC ?? ii• i-i 6F _PENN, ,'aNlli ?i Sheila M1' P,? . ? 2u'? 0 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Plaintiff's Praecipe to Settle Discontinue and End Without Prejudice to Refile on the day ofd , 2010 by United State first class mail, postage pre-paid, addressed as follows: Yong U Ki 11 E. Beale Avenue Enola, PA 17025 Weltman, Weinberg & Reis Co., L.P.A.