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Home My WebLink About11-5443Our File No.: 318227 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, vs. SEUNG LEE 4067 REGIMENT BLVD ENOLA, PA 17025 Defendant. FILED-OFFICE t IMF PROTHONOTARY 2011 JUL -S PM 1: 22 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 1/ , J714 ' 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. 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 C) aml -%99-0)f"t r"'k 3rae1 iz f4- ? 413 51 Our File No.: 318227 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, vs. SEUNG LEE 4067 REGIMENT BLVD ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A., 655 PAPERMILL ROAD, NEWARK, DE 19711. 2. Defendant(s) is/are SEUNG LEE, an adult individual residing at 4067 REGIMENT BLVD ENOLA, PA 17025. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), a credit account. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $19,035.28. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $19,035.28 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in De?t Collection y VScian, Esquire Dated: 6/29/2011 Our File No.: 318227 VERIFICATION Kimberly F. Scian, Esquire, 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. y F. Scian, Esquire nev for Plaintiff DATE: 6/29/2011 Bankof America T SEUNG LEE Account Number 7327 November 17 - Decem er Account Information: w% v.bankofamerica.com Mail billing Inquiries to: Bank of America P.O. Box 15026 Wilmington, DE 19850-5026 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 1.9886-5019 Customer Service: 1.800.789.6701 (1.800346.3178 TTY) New Balance Total ............................................................................$0.00 Current Payment Due ........................................................................$0.00 Total Minimum Payment Due ..............................................................$0.00 Payment Due Date ........................................................................1/14/11 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00. Transaction Posting Date Date Description Previous Balance ......................$19,035.28 Payments and Other Credits.........-19,035.28 Purchases and Adjustments ....................0.00 Fees Charged ....................................................0.00 Interest Charged ...............................................0.00 Credit Line ...........................................$0.00 Statement Closing Date ..................12/16/10 Days in Billing Cycle ..................................30 New Balance Total ...............................$0.00 Reference Account Number Number Payments and Other Credits 11/30 C ARGE-OFF ADJUSTMENT Amount Total -19,035.28 -$19,035.28 Interest Charged 12/16 12/16 Interest Charged on Balance Transfers 0.00 12/16 12/16 Interest Charged on Cash Advances 0.00 12/16 12/16 Interest Charged on Purchases 0.00 TOTAL INTEREST FOR THIS PERIOD 2010 Totals Year-to-Date Total fees charged in 2010 $237.00 Total interest charged in 2010 $1,338.43 BANK OF AMERICA Account Number: - 7327 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total .................................................................$0.00 Total Minimum Payment Due .....................................................0.00 Payment Due Date ...................................................01/14/11 SEUNG LEE Enter payment amount $ 4067 REGIMENT BLVD ENOLA PA 17025-1450 $0.00 ? Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE611 Rev. 08/10 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can answer your questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or billing statement. Has a credit posted to your account? Please allow up to 30 days from the date on,your credit voucher or acknowledgement letter for the merchant credit to post. Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge. It is possible that the merchants' billing names and store names are different or amounts can easily be confused with similar charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements onhne. Ifyou are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: Once you receive your statement with a transaction you wish to dispute, you only have 60 days to dispute the charge. i j ONLINE Online Banking is available 24 hours a day, 7 days a week and j allows you to view the most recent activity on your account. i PHONE LSW.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19850.5026 ® When writing, please include Your Name, Account Number, the reference number of the disputed item and specific details regarding i your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances; we begin charging interest on Balance Transfers and Cash Advances on the transaction date. We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, a.ndyou had paid in full by the previous Payment Due Date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, acid an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balance (which will be zero on the transaction date of the first, Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. less than zero we treat it as zero. We include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-hy-Phone service, you authorize us to initiate an electronic payment from your account at the financial institutionyou designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Addre8s2 City State Zip_ _ Area Code & Home Phone Area Code & Work Phone 318227 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: FIA CARD SERVICES, N.A. Expiration Date: Type of Action: Civil Action Defendant/s: SEUNG LEE Serve Upon: SEUNG LEE Address for Service: 4067 REGIMENT BLVD ENOLA, PA 17025 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor HE P.r', t. ? era=- PH 2.- 1 FIA Card Services vs. Case Number Seung Lee 2011-5443 SHERIFF'S RETURN OF SERVICE 08/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 4, 2011 at 1455 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Seung Lee. After several attempts the Complaint and Notice has expired. SHERIFF COST: $73.00 SO ANSWERS, August 04, 2011 RON R ANDERSON, SHERIFF " COWITySUitr 1he!,V in;;. FIA CARD SERVICES, N.A., 655 PAPERMILL ROAD NEWARK, DE 19711, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SEUNG LEE 4067 REGIMENT BLVD ENOLA, PA 17025, Defendant No. 2011 - 5443 CIVIL TERM IN RE: MOTION FOR ALTERNATE SERVICE ORDER OF COURT :.-, AND NOW, this 28th day of September, 2011, upon consideration of the Motion for Alternate Service, it is ordered and directed that service of the complaint in this case upon Seung Lee may be made (1) by regular and certified mail at Defendant's last known address, service to be deemed complete upon mailing, (2) by posting the Complaint on the most public portion of the property located at 4067 Regiment Blvd, Enola, PA 17025, and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Regiment Blvd address with service to be completed upon mailing. BY THE COURT, J. r esley Olef, r., J. David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C 306 Mount Laurel, NJ 08054 Attorney for Plaintiff Seung Lee 4067 Regiment Blvd. Enola, PA 17025 Defendant Pro Se . luck e-Op AKB SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a1 LI I- ll;i aunt'` o(v niuG?rf I aIs??1i i Jody S Smith 40 - Chief Deputy 2912 JAN 20 AM 0: 2 3 Richard W Stewart Solicitor - cF =H "ERI€F C"UMBEKLAND COUNRi Y PENNSYLVANIA FIA Card Services Case Number vs. Seung Lee 2011-5443 SHERIFF'S RETURN OF SERVICE 01/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 17, 2012 at 1150 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Seung Lee. After several attempts the Complaint and Notice has expired. SHERIFF COST: $88.00 SO ANSWERS, January 17, 2012 RON R ANDERSON, SHERIFF r,. Coun'ySWe 5nen't. Teleowt h'%. 2131427 FILED-FFICE -'F THE PROTHONOTARY GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. VS. SEUNG LEE 2012 JUL 30 PM 2: 23 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5443 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in tie above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC AWEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICAZ I, FREDERIC I. WEINBERG, l the date below, served a copy Entry of Appearance Pursuant t Class Mail, postage pre-paid, counsel of record. Dated: "-) / 112,--