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Home My WebLink About04-4704 iI CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff v. JEE S. KIM and KYUNG H. KIM Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3230 : NO. 04- '-170 'I MLD CIVIL TERM PRAECIPE By the attached writ of scire facias on the municipal claim referred to within Plaintiff notifies the Defendants of a final chance to file an affidavit of defense to said claim. Plaintiff desires that said writ be issued. tl/u,/p<! Date Respectfully Submitted TURO LAW OFFICES .W~ JV\0~$~.' ~> , rl . . -f '" - - """' t> -0 ~ . ;1 \.i WyR ---... ~ ~~ I(,. ""'- ~ '-'c ---- U\ ~ ~. ~ ---'"') d ~---..~ "..J ~. \ v~ ., J / CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3230 : NO. 04- if? of MUNICIPAL LIEN MLD CIVIL TERM JEE S. KIM and KYUNG H. KIM Defendants WRIT OF SCIRE FACIAS The Commonwealth of Pennsylvania to Jee S. Kim and Kyung H. Kim, Greeting: Whereas, The Cumberland-Franklin Joint Municipal Authority on the 25th day of May, A.D. 2001, filed its claim in our court of common pleas of Cumberland County; at No. 3230, Civil Term, 2001, M.L.D., for the sum of $ 2,227.78, with interest from the 24th day of May, 2001, for sewage service, against the following property situate at 39 Richard Avenue, Shippensburg, Pennsylvania, in Cumberland county, owned or reputed to be owned by you. And whereas, We have been given to understand that said claim is still due and unpaid, and remains a lien against the said property; Now, you are hereby notified to file your affidavit of defense to said claim, if defense you have thereto, in the office of the prothonotary of our said court, within fifteen days after the service of this writ upon you. If no affidavit of defense be filed within said time, judgment may be entered against you for the whole claim, and the property described in the claim be sold to recover the amount thereof. ~ i<~ P" r tJ C!..m1: ( c1 ~ [v /flJ 5/-1 Prothonotary ~mu ~r:u , SHERIFF'S RETURN - REGULAR CASE NO: 2004-04704 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND-FRANKLIN JOINT MUN VS KIM JEE S ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon KIM JEE S the DEFENDANT , at 1725:00 HOURS, on the 1st day of October ,2004 at 39 RICHARD AVENUE SHIPPENSBURG, PA 17257 by handing to KYUNG H KIM a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 15.54 .00 10.00 .00 43.54 So Answers: .r~~ R. Thomas Kline 10/04/2004 JAMES ROBINSON Sworn and Subscribed to before By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-04704 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND-FRANKLIN JOINT MUN VS KIM JEE S ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS KIM KYUNG H was served upon the DEFENDANT , at 1725:00 HOURS, on the 1st day of October 2004 at 39 RICHARD AVENUE SHIPPENSBURG, PA 17257 KYUNG H. KIM by handing to a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before . P~hOO~ (~~ So Answers: .?'~d~!; R. Thomas Kline 10/04/2004 JAMES ROBINSON By: ~ /J D~~~riff CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3230 NO. 04-4704 MLD CIVIL TERM MUNICIPAL LIEN JEE S. KIM AND KYUNG H. KIM, Defendants AFFIDAVIT OF DEFENSE husband and wife, Defendants above captioned, by and through their AND NOW, come the Defendants, Jee S. Kim and Kyung H. Kim, Affidavit of Defense to the above captioned Municipal Claim for attorney, Dale F. Shughart, Jr., Esquire and file the following $2,227.78, as follows: 1. It is admitted that this claim was filed by the CUmberland-Franklin Joint Municipal Authority (CFJMA). 2. It is admitted that the owners of the property are Jee S. Kim and Kyung H. Kim. 3. It is admitted that the property is known and numbered and 39 Richard Avenue, Shippensburg, Pennsylvania. 4. It is admitted that this claim was filed under the Municipal Claims and Liens Act, as amended. 5. It is denied that the sum of $2,227.78 is owed on Account No. 00050A. On the contrary, on or about April 1999, the Defendants stopped operating a store on the first floor of the premises, the portion of the premises for which this claim is filed. When the store was closed, the water was disconnected. Since that date, there has been no water service to the premises, and the premises has remained vacant. Under the law of the charging the Defendants sewer usage fees after April 1999. All Commonwealth of Pennsylvania, CFJMA had no lawful right to continue fees charged after April 1999 are improper. Defendants do not owe these fees. Court to strike the above captioned Municipal Lien. For the foregoing reasons, Defendants pray Your Honorable Respectfully submitted, ~) Dale F. Stiughart Attorney I.D. 193 35 East High Street, Carlisle, PA 17013 (717) 241-4311 Attorney for Defendants -2- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS VERIFICATION Jee S. Kim hereby verifies that the facts set forth in the foregoing Affidavit of Defense are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. DATE: October 14, 2004 Iv? / ) Sworn and~ubscribed before me, this I~~day of October, 2004. /?m1-<-<-<'- X ~ NOTARW. SEAl BONNIE L COYLE, NOTARY PUBLIC BORO OF CARLISlE. CUMBERlAND CO. PA MY "Qj-q8lilN EXPIREs OCTOBER 17. 2Oll6 -3- CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff vs. IN THE COUli~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3230 NO. 04 -4 704 MLD CIVIL TERM MUNICIPAL LIEN JEE S. KIM AND KYUNG H. KIM, Defendants CERTIFICATE OF SERVICE: AND NOW, this 15th day of October, 2004 I, Dale F. Shughart, Jr., Esquire, attorney for Jee S. Kim and Kyung H. Kim, Defendants, hereby certify that I have served a copy of the Affidavit of Defense by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: James M. RObinson, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 "'" r:':J \;~.:." ..;;;- C') C"-:> -, U"'\ f',) OJ CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3230 NO. 04-4704~ MLD CIVIL TERM MUNICIPAL LIEN JEE S. KIM AND KYUNG H. KIM, Defendants PRAECIPE Dear Sir: Please withdraw the Affidavit of Defense filed in the above matter on October 15, 2004. TO: CURTIS R. LONG, PROTHONOTARY November 8, 2004 ,.....~) c,:--..;) .;,,;.;) - .' i I ;"'. I.-..! -I \ :..\ i '\-\--... -_.~ ;:'.; " ~~ (..... II CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff v. JEE S. KIM and KYUNG H. KIM Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3231 : NO. 04-4705 . MLD CIVIL TERM PRAECIPE Please settle, satisfy, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. (l/t'I{)~ Date Respectfully Submitted TURO LAW OFFICES .~ <- - r c N ~ ,~ .s; ..c (', Q i' -' .....J..-" '-,-' ," ~ & -.t ,.. ,~ if, I...F\ L^ ~ -~. .z (". ': .......-1 n-J ""~1 '.-'~- C~ -':, r.,:.\ (",::'