HomeMy WebLinkAbout12-1984FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
V.
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
Plaintiff
ATTORNEY FOR PLAINTIFF
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i 9iO[I liirl l
I,.;, M,. iLAND COUNTY
COURT OF COMMON PLEAS __ a ? ?i 5 YCdr l A
CIVIL DIVISION
NO. ti -l D -1
Ci vi* I
CUMBERLAND COUNTY
Defendant(s)
CIVIL ACTION - LAW (3.0 REAL PROPERTY)
COMPLAINT IN MORTGAGE FORECLOSURE
3010 FORECLOSURE 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. 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 Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
(SEE ATTACHED ESPANOL AVISO)
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C? 131b
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS
DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE.
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES
ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY
DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION
THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE
NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF
DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE
END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST
CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR
ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS
ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN
EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND ADDRESS OF
THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY
PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO
COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED
INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS
AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT.
IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE CONTRA LAS
DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, ES ABSOLUTAMENTE NECESARIO QUE
USTED RESPONDA DENTRO DE VEINTE (20) DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA
Y AVISO. RACE FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN
ABOGADO Y ENTREGAR A LA CORTE EN FORME ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS
DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN
PREVIO AVISO O NOTIFICA06N. ADEMAS, LA CORTA PUEDE DECIDIR A FAVOR DEL
DEMANDANTE Y REQUIERE QUE LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA
DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES Y OTROS DERECHOS
HAPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE
EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY A 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Resources Available for Haneowners in Foreclosure
ACT NOW!
Even though your lender (our client) has filed an Action in Mortgage Foreclosure,
You may still be able to SAVE YOUR HOME FROM FORECLOSURE.
1) Call an attorney. For referrals to a qualified attorney call the following number(s):
(717) 249-3166 AND (800) 990-9108.
2) Call the Consumer Credit Counseling Agency at (800) 989 2227 for free counseling.
3) Visit HUD's website www.hud.eov for Help for Homeowners Facing the Loss of Their
Homes.
4) Call Plaintiff (your lender) at (877) 745-7366 and ask to speak to someone about Loss
Mitigation or Home Retention options.
5) Call or contact our office to request the amount to bring the account current or payoff the
mortgage, or request a Loan Workout / Home Retention Package. Call and ask for our
Homeowner Retention Department at (215) 572-5095 or via email at
homeretention@federmanlegal.com.
***Para informacion en epanol, si puede comunicarr con Tomas al (215) 572-5095 ***
This Action ofMortgage Foreclosure will continue unless you take action tostop it.
Plaintiff is:
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
2. The name(s) and last known address(es) of the Defendant(s) are:
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
who is/are the "Mortgagor(s)" and/or "Real Owner(s)" of the Property hereinafter described.
3. On or about 7/15/09 Mortgagor(s) made, executed and delivered a Mortgage upon the Property hereinafter
described to Citizens Bank of Pennsylvania, which Mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County as Document #200926901 (the "Mortgage"). The Mortgage and
Assignment(s), if any, are matters of public record and incorporated herein by reference, in accordance
with Pa.R.C.P. 1019(g), which Rule relieves Plaintiff from the obligation to attach to pleadings any
document that is of public record.
4. The Property subject to the Mortgage is more fully described in the legal description attached hereto as
Exhibit "A" (the "Property").
5. The Mortgage is in default because monthly payments of principal and interest are due and unpaid for
9/20/11 and each month thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s) to make
such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance and
all interest due and other charges due thereon are collectible forthwith.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance 79,618.26
Interest at 4.24% 1,776.96
8/20/11 to 2/10/12
(Per Diem $9.22)
Attorney's Fees (to date) 725.00
Cumulative Late Charges 167.05
7/15/09 to 2/10/12
Suspense Balance (53.61)
TOTAL 82,233.66
The attorney's fees set forth above is based on work actually performed to date. The attorney's fees
requested are in conformity with the Mortgage documents and Pennsylvania Law. Plaintiff reserves its right
to collect attorney's fees up to 5% of the remaining principal balance in the event the Property is sold to a
third party purchaser at Sheriff's Sale, or if the complexity of the action requires additional fees in excess of
the attorney's fees accrued to date.
8. Plaintiff does not seek a judgment of personal liability (or an in personam judgment) against Defendant(s)
in the Action. Plaintiff, however, does reserve the right to bring a separate action to establish that right, if
such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy
proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish the personal liability
discharged in bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania Law.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974 ("Act 6") and/or Notice of Default as required
by the Mortgage document, as applicable, have been sent by regular and certified mail to the Defendant(s) on
the date(s) set forth in the true and correct copies attached hereto as Exhibit "B."
WHEREFORE, PLAINTIFF demands an in rem judgment in mortgage foreclosure in the sum of $82,233.66,
together with interest from 2/11/12 at the rate of $9.22 per diem, and other costs and charges incurred by Plaintiff
that are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage
is paid in full, and for the foreclosure of the Mortgage and Sheriff s Sale of the Property.
FEDERMAN & ASSOCIATES, LLC
Date: 3 ' 2. 3 ' By: 2Z6-9-
0?;_Tliomas M. Federman, Esq.
? Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
EXHIBIT
«A„
EXHIBIT A
All that certain property situated in the TOWNSHIP of
HAMPDEN, in the County of CUMBERLAND, COMMONWEALTH OF
PENNSYLVANIA , and being described as follows:
10-14-0837-034. Being more fully described in a deed dated
09/05/00 and recorded 09/15/00, among the land records of the
County and State set forth above, in Deed Volume 229 and
Page 228.
Permanent Parcel Number: 10-14-0837-034
E. HOON KWON AND SEUNG YUN KWON-LEE, HIS WIFE
4067 REGIMENT BOULEVARD, ENOLA PA 17025
Loan Reference Number 11886601/CBRIPD
First American Order No: 40829346
Identifier: FIRST AMERICAN EQUITY LOAN SERVICES
111111110"IIII KWON
40829346 PA
FIRST AMERICAN ELS
OPEN END MORTGAGE
IIII111111 tIl III IIIliilllll II MITI 11111111 III I III
EXHIBIT
«B„
Law Offices of
FEDERMAN & ASSOCIATES, LLC
305 Old York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
Fax: (215) 572-5099
info@federmanlegal.com
Seung Yun Kwon-Lee
E. Hoon Kwon
4067 Regiment Blvd.
Enola, PA 17025
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE
IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST REAL ESTATE.
IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
NOTICE OF INTENT TO FORECLOSE MORTGAGE
DATE: February 15, 2012
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Seung Yun Kwon-Lee and E. Hoon Kwon
4067 Regiment Blvd., Enola, PA 17025
601726982
Citizens Bank of Pennsylvania
Citizens Bank of Pennsylvania
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date)
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above Lender on
your property located at: 4067 Regiment Blvd., Enola, PA 17025 IS SERIOUSLY IN
DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for
the following months and the following amounts are past due:
(5) Monthly Payments from 9/20/11 to 2/10/12 @ $299.97/month 1,386.73
Previous Late Charges 167.05
Other charges; Escrow, Inspection, NSF Checks 25.00
Unapplied Funds (53.61)
TOTAL AMOUNT PAST DUE
1,632.39
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest
date that such a Sheriffs Sale of the mortgaged property could be held would be
approximately FIVE months from the date of this Notice. A notice of the actual date of the
Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the
required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
SERVICER NAME: Citizens Bank of Pennsylvania
ATTN: Loan Servicing Department
ADDRESS: CCO Mortgage 10561 Telegraph Road
Glen Allen, VA 23059
PHONE NUMBER: 804-627-4816
FAX NUMBER:
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end
your ownership of the mortgaged property and your right to occupy it. If you continue to live
in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and
other belongings could be started by the lender at any time.
YOU HAVE ADDITIONAL RIGHTS TO HELP PROTECT YOUR INTEREST IN THE
PROPERTY -- YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY
TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO
SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR
TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE
OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID
PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE
MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
YOU MAY ALSO HAVE THE RIGHT TO ASSERT THE NONEXISTENCE OF A DEFAULT
IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS; ASSERT ANY OTHER DEFENSE YOU
BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER; OR SEEK
PROTECTION UNDER FEDERAL BANKRUPTCY LAW.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
3
PURSUANT TO THE FAIR DEBT COLLECTIONPRACTICESACT, 15 U.S.C. § 1692 et seq.
(1977), you may dispute the validity of the debt or any portion thereof. If you do so in writing
within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within
thirty (30) days of receipt of this letter, this firm will send you the name and address of the original
creditor if different from above.
SENT VIA REGULAR AND CERTIFIED MAIL NUMBER(S)
7010 3090 0002 8193 7897
7010 3090 0002 8193 7903
RETURN RECEIPT REQUESTED
4
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
V.
Plaintiff
NO.
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
Defendant(s)
CUMBERLAND COUNTY
VERIFICATION
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
Date: 3 ' 2 3 _/.2--- By.
c,-Thomas M. Federman, Esq.
0 Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the
jurisdiction of the court and/or the verification could not be obtained within the time allowed for
the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P.
1024(c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
based upon information supplied by Plaintiff and are true and correct to the best of my
knowledge, information and belief.
. j'
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
V.
Plaintiff
NO. 2012-1984 Civil
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
Defendant(s)
CUMBERLAND COUNTY
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
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Kindly substitute the attached Plaintiff-executed verification in place of the
attorney-executed verification with regards to the above-captioned matter.
Respectfully submitted,
FEDERMAN & ASSOCIATES, LLC
Date: `( , ( .6
Thomas M. Federman, Esquire
Danielle Boyle-Ebersole, Esquire
Attorney for Plaintiff
A a
Defendant(s)
CUMBERLAND COUNTY
VERIFICATION
6 U111z.lr?l&i
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
10561 TELEGRAPH ROAD
GLEN ALLEN, VA 23059
v.
Plaintiff
NO. a01 991`' ISgl. lil
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
I, /1114A' as representative of the Plaintiff corporation within
named do hereby verify that I am authorized to make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to
the best of my knowledge, information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
M/1.2-
Date
Name: t,,, //l,?.t /' PAIL
Title: re-& e C /I, vn? ?s lpGl k
Client Verification - 12.21.10
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson rMW te
Sheriff
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t?t??stt?a ? 4j
Jody S Smith ?2> p
Chief Deputy :j'
Richard W Stewart
,
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Solicitor ?
Citizens Bank
vs.
Case Nu
mber
Seung Yun Kwon-Lee (et al.) 2012-1984
SHERIFF'S RETURN OF SERVICE
05/02/2012 03:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 2,
2012 at 1500 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure,
upon the within named defendant, to wit: E. Hoon Kwon. After several attempts the Complaint in
Mortgage Foreclosure has expired.
05/02/2012 03:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 2,
2012 at 1500 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure,
upon the within named defendant, to wit: Seung Yun Kwon-Lee. After several attempts the Complaint in
Mortgage Foreclosure has expired.
SHERIFF COST: $104.90
May 09, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
CITIZENS BANK OF PENNSYLVANIA
Plaintiff
V.
SEUNG YUN KWON-LEE
E. HOON KWON
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS zm -"
CIVIL DIVISION
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NO. 2012-1984
--
CUMBERLAND COUNTY
MOTION TO ALLOW SERVICE ON THE DEFENDANTS
BY REGULAR MAIL CERTIFIED MAIL AND POSTING
PURSUANT TO PA.R.C.P. 430
1. Plaintiff attempted to serve a true and correct copy of the Complaint upon the
Defendants, Seung Yuri Kwon-Lee & E. Hoon Kwon, at the last-known address and mortgaged
premises of 4067 Regiment Blvd, Enola, PA 17025. However, the Sheriff made several attempts at
personal service and no service was obtained. A copy of the Returns of Service is attached hereto
as Exhibit "A."
2. Plaintiff was advised there is no forwarding address for Defendant, despite the efforts
to locate Defendant listed below, all of which are evidenced by the Affidavit of Good Faith
Investigations attached hereto as Exhibit "B"
a. The Post Master advised that the Defendant's, Seung Yun Kwon-Lee & E. Hoon
Kwon had changed their address to the mortgaged property, 4067 Regiment Blvd, Enola, PA
17025.
b. Plaintiff has checked the Local Telephone Directory for an address for Defendant,
Seung Yun Kwon-Lee & E. Hoon Kwon and found listings for Defendant, Seung Yun Kwon-Lee &
E. Hoon Kwon, at the mortgaged premises.
c. Plaintiff has made attempted inquiry with the Defendants' neighbors, Connie L.
Backstrom, 4065 Regiment Blvd, Enola, PA 17025 (717) 732-8859 who stated that the defendant is
living there.
d. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 4067
Regiment Blvd, Enola, PA 17025.
e. Plaintiff has made inquiry with the Social Security Administration and was advised
that there are no death records on file for the Defendant, Seung Yun Kwon-Lee & E. Hoon Kwon.
f. Plaintiff has investigated the Defendants' Voter Registration Records, and the
Berks County Office of Voter Registration and no records are available.
3. If service cannot be made on the Defendants, Seung Yun Kwon-Lee & E. Hoon Kwon,
the Plaintiff will be prejudiced.
WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff
to serve the Complaint, and all other subsequent pleadings that require personal service, and the
Notice of Sheriffs Sale upon the Defendant, Seung Yun Kwon-Lee & E. Hoon Kwon, by regular
mail, certified mail and by posting at the last-known address and mortgaged premises known in this
herein action as 4067 Regiment Blvd, Enola, PA 17025.
Z 9 laL-
Date:
Submitted,
Respectfully
FEDERMAN & ASSOCIATES, LLC
By: Z_??
fcl Thomas M. Federman, Esq.
? Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
V.
Plaintiff
NO. 2012-1984
SEUNG YUN KWON-LEE
E. NOON KWON
Defendant(s)
CUMBERLAND COUNTY
MEMORANDUM OF LAW
If the resident Defendants have obstructed or prevented service of process by concealing
her whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the
Court by special order shall direct service pursuant to Pa.R.C.P. 430.
WHEREFORE, Plaintiff prays this service be made.
Date:
Respectfully Submitted,
FEDERMAN & ASSOCIATES, LLC
Y
pt"T omas M. Federman, Esq.
? Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
V.
Plaintiff
NO. 2012-1984
SEUNG YUN KWON-LEE
E. HOON KWON
Defendant(s)
CUMBERLAND COUNTY
VERIFICATION
The undersigned, THOMAS M. FEDERMAN, ESQUIRE, hereby certifies that he is the
attorney for the Plaintiff in the within action and that he is authorized to make this verification and
that the foregoing facts are true and correct to the best of his knowledge, information and belief and
further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: J ! / r
FEDERMAN & ASSOCIATES, LLC
By:
,A---Thomas M. Federman, Esq.
? Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
Exhibit
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FEDERMAN & ASSOCIATES, LLC.
305 York Road Suite #300
Jenkintown, PA 19046
Phone 215-572-5095 Fax: 215-572-5099
RBS CITIZENS, N. A. COURT OF COMMON PLEAS
PHILADELPHIA COUNTY
VS.
SEUNG YUN KWON-LEE NO.
LAST KNOWN ADDRESS: 4067 Regiment Blvd
Enola, PA 17025
FILE NUMBER: FMC-042
AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S)
I hereby certify that on February 14, 2012, a good faith effort was made to discover the correct address of said
defendant (s), by:
1. Inquiry of Postal authority;
Postal authority stated- the defendant has a change of address to 4067 Regiment Blvd
2. Examination of local telephone directories, 411 assistance and Internet records;
Seung Yun Kwon-Lee 4067 Regiment Blvd Enola, PA 17025 Phone: (717) 728-9595
3. Neighbor Contacts:
Connie L. Backstrom 4065 Regiment Blvd Enola, PA 17025 Phone (717) 732-8859 Stated that the defendant is living
there
4. Tax Information:
Tax office has mailing address same as property, 4067 Regiment Blvd Enola, PA 17025
5. Death Records:
Social Security has no death records for the defendant under his SSN.
6. Voter Registration:
Not available
I certify that this information is true and correct to the best of my wledge, information and belief.
NOTARY PUBLIC: BY:
Sworn to and described
before me this /''j'E-k- day
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QAXER, yam:
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FEDERMAN & ASSOCIATES, LLC
305 YORK ROAD
JENKINTOWN; PA 19046
February 14, 2012
Postmaster
ENOLA, Pa 17025
TEL: (215) 572-5090
FAX (215) 572-5099
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE
OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the
following:
Name: Seung Yun Kwon-Lee
Address: 4067 Regiment Blvd
Enola, PA 17025
The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing
boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6
(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b.
I .Capacity of requester: Federman and Associates, LLC
2. Statute or regulation that empowers me to serve process (not required when requester
is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: for Federman & Associates,
LLC (Rule 400. Lb)
3. The names of all known parties to this litigation:
RBS Citizens, N. A. v. Seung Yun Kwon-Lee
4. The court in which the case has been or will be heard:
Cumberland County, PA. Court of Common Pleas
5. The docket or other identifying number if one has been assigned:
Not yet assigned
6. The capacity in which this individual is to be served:
Defendant(s)
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER TWAN THE SERVICE OF LEGAL PROCESS M CONNECTION
WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP
TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS
INFORMRATION OF NOT MORE IRAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).
I CERTIFY THAT 'T ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND
Wl D OR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE
IG
Federman & Associates, LLC
FOR THE POST OFFICE USE ONLY
NO CHANGE OF ADDRESS ORDER ON FILE
NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS:
POST MARK
71
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EXHIBIT
"By'
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 403010 of C"Ibel-44
Jody S Smith
Chief Deputy
Richard W Stewart -- 17 --
solicitor aFME OF THE $ls WF
Citizens Bank Case Number
vs. 2012-1984
Seung Yun Kwon-Lee (et al.)
SHERIFF'S RETURN OF SERVICE
05/02/2012 03:00 PM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on May 2,
2012 at 1500 hours, he was unable to serve a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: E. Hoon Kwon. After several attempts the Complaint in
Mortgage Foreclosure has expired.
05/02/2012 03:00 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, stases that on May 2,
2012 at 1500 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure,
upon the within maned defendant, to wit: Seung Yun Kwon-Lee. After several attempts the Complaint in
Mortgage Foreclosure has expired.
SHERIFF COST: $104.90
May 09, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) County&Ate SheMt. Telaosort, Inc.
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CITIZENS BANK OF PENNSYLVANIA
V.
Plaintiff
NO. 2012-1984
SEUNG YUN KWON-LEE
E. NOON KWON
Defendant(s)
CUMBERLAND COUNTY
CERTIFICATION OF SERVICE
I, THOMAS M. FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certify that a
true and correct copy of the foregoing Motion to Allow Service on the Defendants was served by
Regular Mail by United States Mail, first class, postage prepaid, on the day of ,
2012, upon the following:
Seung Yuri Kwon-Lee & E. Hoon Kwon
4067 Regiment Blvd,
Enola, PA 17025
Date: a-
Respectfully Submitted,
FEDERMAN & ASSOCIATES, LLC
By:
Thomas M. Fe 6man, Esq.
? Danielle Boyle-Ebersole, Esq.
Attorney(s) for Plaintiff
"-k
FEDERMAN & ASSOCIATES, LLC
By: Thomas M. Federman, Esq., ID No. 64068
By: Danielle Boyle-Ebersole, Esq., ID No. 81747
305 York Road, Suite 300
Jenkintown, PA 19046
(215) 572-5095
CITIZENS BANK OF PENNSYLVANIA
V
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 2012-1984
SEUNG YUN KWON-LEE
4067 REGIMENT BLVD.
ENOLA, PA 17025
E. HOON KWON
4067 REGIMENT BLVD.
ENOLA, PA 17025
CUMBERLAND COUNTY
Defendant(s)
ORDER
i?
AND NOW, this day of Ll
1s
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92012, the Plaintiff is granted eave to '
serve the Complaint in Mortgage Foreclosure upon the Defendants, Seung Yun Kwon-Lee & E.
Hoon Kwon by regular mail and by certified mail to the last known address of 4067 Regiment Blvd,
Enola, PA 17025, service completed upon mailing, and by posting the mortgaged premises known
in this herein action as 4067 Regiment Blvd, Enola, PA 17025.
BY THE COURT:
J.
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