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HomeMy WebLinkAbout10-7856COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY INVESTMENTS, LLC, AS ASSIGNEE OF MBNA/FIA CARD SERVICES, N.A., Plaintiff vs. TAE H. KIM, Defendant rn ??T'r c-7 t?- N rn .? CIVIL ACTION : CASE NO.: ?(? - jg?C,Q G??I ?,,° rte--:. sa. to -a ' C-) C'3 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 IS 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Atty. . 5242, Attorney for Plaintiff 101 C dar Crest Boulevard Alle to n, PA 18104 S ?a a (61 4-2814 q 00 OL&OX to 1 t*-'j:5a-I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY INVESTMENTS, LLC, AS ASSIGNEE OF MBNA/FIA CARD SERVICES, N.A., Plaintiff vs. TAE H. KIM, Defendant CIVIL ACTION CASE NO.: COMPLAINT 1. Plaintiff, Cavalry Portfolio Services, LLC, As Assignee of Cavalry Investments, LLC, As Assignee of MBNA/FIA Card Services, N.A., ("Cavalry") is a limited liability company with an address of 7 Skyline Drive, 2" d Floor, Hawthorne, New York, 10532. 2. Defendant, Tae H. Kim, is an adult individual with an address of 134 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant executed an Installment Agreement ("Agreement"). The hard copy of the application is in offsite storage and is therefore not accessible at the time of this writing and will not be attached pursuant to Pa R.C.P. 1019(1) 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of SEVENTEEN THOUSAND THREE HUNDRED EIGHTY-ONE AND 43/100 DOLLARS ($17,381.43) as of December 22, 2010. Copies of all of the invoices are in storage with client and are not attached to the Complaint herein but will be provided during discovery and/or prior to trial in this matter. 5. Defendant's obligations are based on a subsisting debt, were in writing and arise from a preexisting account. 6. Defendant has defaulted on his/her obligation to make payments to Cavalry by failing to make monthly payments when due. 7. Pursuant to the Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 8. Under the Cardmember Agreement, Defendant is required to pay all the attorney's fees Cavalry incurred in exercising its right to collect, which Cavalry anticipates to be in the amount of THREE THOUSAND FOUR HUNDRED SEVENTY-SIX AND 29/100 DOLLARS ($3,476.29). 9. As of December 22, 2010, Defendant is indebted to Cavalry under the Agreement in the amount of SEVENTEEN THOUSAND THREE HUNDRED EIGHTY-ONE AND 43/100 DOLLARS ($17,381.43), plus interest accruing from and after December 22, 2010 at the per annum rate of 11.24%. WHEREFORE, Cavalry Portfolio Services, LLC, As Assignee of Cavalry Investments, LLC, As Assignee of MBNA/FIA Card Services, N.A., demands judgment against Defendant, Tae H. Kim, in the amount of TWENTY THOUSAND EIGHT HUNDRED FIFTY- SEVEN AND 72/100 DOLLARS ($20,857.72)(comprised of real debt in the amount of SEVENTEEN THOUSAND THREE HUNDRED EIGHTY-ONE AND 43/100 DOLLARS ($17,381.43) and anticipated attorney's fees in the amount of THREE THOUSAND FOUR HUNDRED SEVENTY-SIX AND 29/100 DOLLARS ($3,476.29)) plus interest from and after December 22, 2010, at the per annum rate of 11.24% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By: Jc #7P242 'o Plaintiff 0 N. C ar Crest Boulevard nt n, PA 18104 0434-2814 4 ATTORNEY VERIFICATION I, JORGE M. PEREIRA, ESQUIRE, do hereby verify that I am the Attorney for Plaintiff, CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY INVESTMENTS, LLC, AS ASSIGNEE OF MBNA/FIA CARD SERVICES, N.A., that I am fully authorized to make this verification on its behalf and that the Plaintiff is unavailable to make this Verification and that the facts set forth in the attached pleading are true and correct to the best of my knowledge, information and belief and that the source ofmy information is interviews with my client and the Plaintiffs filed documents. Verifier understands that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn Dated: V SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Chief Deputy 7(n Richard W Stewart ?- j cluuli 1 i Solicitor g Y 4 Cavalry Portfolio Services, LLC Case Number vs. 2010-7856 Tae H. Kim SHERIFF'S RETURN OF SERVICE 12/28/2010 07:04 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2010 at 1904 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tae H. Kim, by making known unto himself personally, at 134 Sholly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNIS Ry, DEPU SHERIFF COST: $37.00 January 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY INVESTMENTS, LLC, AS ASSIGNEE OF MBNA/FIA CARD SERVICES, N.A., Plaintiff vs. TAE H. KIM, Defendant C © ." CIVIL ACTION = ? ca r Ln ° c CASE NO.: 10-7856 CIVIL czv. .0 . CD qn Z v a ? c PRAECIPE FOR JUDGMENT TO: CLERK OF COURTS - CIVIL DIVISION: Enter Judgment against above-named Defendant, Tae H. Kim, for failing to file an answer. Prothonotary to assess damages as follows: Debt Costs Interest @ 11.24% from 12/22/10 Attorney's Fees Total Amount $17,381.43 206.00 239.36 3.476.29 $21,303.08 Pursuant to Pa. R.C.P. 237. 1, I hereby certify that notice of intention to file this Praecipe was mailed to the above-named Defendants on February 2, 2011 and a copy of same is attached herewith. Allentown, Pennsylvania: February 24, 2011 DOUGLAS M. MA ASSOCIATES, P.C A 175242 y for Plaintiff Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 pp-pd 0,01 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY INVESTMENTS, LLC, AS ASSIGNEE OF MBNA/FIA CARD SERVICES, N.A., Plaintiff VS. TAE H. KIM, Defendant CIVIL ACTION CASE NO.: 10-7856 CIVIL TEN DAY NOTICE TO: Tae H. Kim 134 Sholly Drive Mechanicsburg, PA 17055 DATE OF NOTICE: February 2, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMEN'T' MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 M. .TES, P.C. By: 4-3-11'11- / "/ j' o e,AG Pereira, s uire / Xt?Y- . #75242, Attorney for Plaintiff 10". Cedar Crest Boulevard Allentown, PA 18104 (610) 434-2814