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Home My WebLink About08-2172Otr File No.: 126879 APOT,HAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 214520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. KYUNG H KIM 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Q$ - a,l79, Civil Tel m 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 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AI"OTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. KYUNG H KIM 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 7- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is KYUNG H KIM, an adult individual residing at 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the rimes, of the kinds, in the quantities, and for the prices set forth in Plaintiff s records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $11,883.60. • 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is PROVIDIAN NATIONAL BANK. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $11,883.60 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASS IATES, P.C. Attorney fo 1 ' tiff A Law Firm Engag in ebt Collection BY: David J. haker Dated: 1/2/2008 Our File No.: 126879 VERIFICATION TIFFANY ROSS . hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. DATE: PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 KYUNG H KIM 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448 STATEMENT OF ACCOUNT Debtor's Name: KYUNG H KIM Account Number: 4031180623010985 Original Creditor: PROVIDIAN NATIONAL BANK Balance Due: $11,883.60 Our File No.: 126879 EXHIBIT "A" C7 F%Q ?+q rn c? CASE NO: 2008-02172 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS KIM KYUNG H 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 KIM KYUNG H the DEFENDANT at 1844:00 HOURS, on the 8th day of April 2008 at 39 RICHARD AVENUE SHIPPENSBURG, PA 17257-1448 JAMES KIM, SON by handing to ADULT IN CHARGE 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 `)II/of Q- So Answers: 18.00 20.00 t- r .00 10.00 R. Thomas Kline .00 48.00 04/10/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By: day Deputy heriff A.D. L ~ 1 Our File No.: 126879 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. KYUNG H KIM Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-2172 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, KYUNG H KIM, in the default of an Answer, in the amount of $12,740.87 computed as follows: Amount claimed in complaint: $11,883.60 Amount Paid: - $(0.00) Interest from January 02, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $857.27 Costs $0.00 Attorney fees $0.00 TOTAL $12,740.87 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, KYUNG H KIM, last know address is 39 RICHARD AVE SHIPPENSBURG, PA 17257- 1448. APOTHAKER C Attorn rkS lainti: A Law Firm E aDebt By: IATES, P.C . Davi84. Apothaker Dated: 5/14/2009 • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KYUNG H KIM 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448 PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) Plaintiff, ) vs. ) KYUNG H KIM ) Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-2172 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT ?i 4 JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, EN. at this telephone number: 215-634-8920 S//4?o9 Our File No.: 126879 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC VS. KYUNG H KIM Plaintiff, ) Defendant. ) Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-2172 : SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448. We inquired with the web site of the Di Boulevard, Suite 400, Arlington, VA 22209-2593, Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David J?Apothaker Attorney for Plaintiff Manpower Data Center, located at 1600 Wilson Defendant(s) is/are in any branch of the military. Data Center has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Syr St" Rgx*t Pursund to &e Sesvieeffie s Cif PjAdAct nav,n ?,. Mary M. Sir-Dkum, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd, Suite 400 Artois, VA 22209-2593 MA'Y-14.2009 09:26:03 11e D efeme• Manpower Data Center MM is an orgamakim of the Departeaext of D efam did mmitins the Defense, Eft and Bile' Rqmgw6 System (DEERS) database which is the offieW source ofdda an *W ix inItary =deal rye and odw Blip y system. T'he Departine t of Ihfime shVG y supports the enfexcement of the Servicenneaibes Cif Rend Act [50 USCS Apps_ §§ 501 et seq] (SCRA) (forme dy the Suers' and SaioW Civil Re Act of 1940). DMDC has issued hoodreds, of dwassads of'does not possess any information, iadicd g'that die individual is curreatly an active daty" responses, and has eqxnimced a mud e am roc. In the eft the individual refimeed above, at any family cmbe r, G iend or representative assets in any miner that the ieclivided is an active duty, or is owe eadded to the protedioos of the SCRA, you are stroo* encouraged to obtain farther verification of the person's attve limy status by ding that pe rsas Agcy Service via the "d k ni" URL piovided below. If yon have evidence the person is an active-duty and year fad to obtain dis adf krA NIVItury Service verffcadm provisions of the SCRA may be involved ageing yon. F you obtain fi ther information about the pesos ( e.g., an SSK improved mex racy of DOB, a n?idae same}, you can wit your request again at this Web sile and we WR pry a new certificate for than query. 11m; response reflects current achve duty status only. For butama l infimmation, please roatact the hikery Sexvm SCRA points Of-coulaa .See: MK SLDR.hmal WARNR4G- lUs certiScate was provided based an a name and Social Security mmim (SSN) Iw d by that requester. Pro ng an ecroraeous state or SSN w1l cue an emmous t atAcate to be provided. art -Lz7EVYUWTW Upon semcbmg he zfimmdioa data banks of the Department of Dose hfipower Dubs Center. based on the inf mmstioa that you Prov*leit the above is the cummut stains ofthe individual; as to at branches of The may. 126879 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) KYUNG H KIM ) NO. 08-2172 To: KYUNG H KIM 39 RICHARD AVE SHIPPENSBURG, PA 17257-1448 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 16, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR DA MD J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02172 P COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES F APR 14 . VS ?- _ KIM KYUNG H 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 KIM KYUNG H the DEFENDANT at 1844:00 HOURS, on the., 8th day of April 2008 at 39 RICHARD AVENUE SHIPPENSBUR.G, PA 17257-1448 by handing to JAMES KIM, SON ADULT IN CHARGE 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 So Answers: 18.00 _ ; r 20.00 00 10.00 R. Thomas Kline .00 48.00 04/10/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By; yr day Deputy heriff A. D. 'r)r: THE 2,219 €1,;';Y 19 F11 3: 5 i Vet ?`?i r, l?l.Od 7? e? ?3?cs?tB aol s3w N?? ? CSC