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Home My WebLink About12-6462IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff VS. CIVIL-LAW, DOCKET NO. rr?? I "y V d? ?1 , c SEUNG Y. KWON, Id lY _, ;-, Defendant -` NOTICE TO DEFENDANT TO THE DEFENDANT: 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, 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. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 RAY OND W. KESSLER, ESQUIRE O %6S.1 4?? ok of iii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. CIVIL-LAW SEUNG Y. KWON, DOCKET NO. Defendant COMPLAINT The Plaintiff, Unifund CCR, LLC, by and through its attorney Raymond W. Kessler, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, Unifund CCR, LLC is a Corporation doing business at 10625 Techwoods Circle, Cincinnati, Hamilton County, Ohio 45242. 2. The Defendant, Seung Y. Kwon, is an adult individual residing at 4067 Regiment Blvd # 106, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant obtained a Visa credit card on or about October 1, 2007, from US Bank National Association ND, (hereinafter "original creditor"), Account number 4719 2785 6543 5084. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Pilot Receivables Management, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 5. Pilot Receivables Management, LLC purchased the account of the Defendant from US Bank National Association ND. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 6. Defendant used the extended credit leaving an unpaid balance of $7,336.40 with interest continuing to accrue at 6.00% per annum. 7. Defendant defaulted on the payments due and the last payment on this account was on or about May 21, 2010. 8. The balance on the charge-off is $7,336.40 and post-charge off interest has accrued in the amount of $792.12 to date for a total remaining balance due of $8,128.52. 9. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 10. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 11. Defendant's failure to pay is a breach of the agreement between the Defendant and original creditor. 12. It is averred that an implied contract exists based upon Defendant's use of the credit card and his/her payments made on the account to the original creditor. 13. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to Defendant and that the original creditor expected to be paid for the Defendant's use of this credit. 14. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to Defendant's benefit. 15. The total reasonable value of the Defendant's use of the credit extended by original creditor is $8,128.52. 16. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 17. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 18. By virtue of Plaintiff's assignment of this account, Defendant is indebted to the Plaintiff in the amount of $8,128.52. WHEREFORE, Plaintiff, Unifund CCR, LLC, demands judgment against Defendant in the amount of $8,128.52, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Ra and W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ASSIGNMENT THIS ASSIGNMENT is effective as of August 1, 2012 between PILOT RECEIVABLES MANAGEMENT, LLC an Ohio limited liability company ("Assignor") and UNIFUND CCR, LLC, an Ohio limited liability company ("Assignee"). Unless otherwise defined herein, terns used herein shall have the meanings specified in the Servicing Agreement between Assignor and Assignee (the "Agreement"). Assignor, for value received and in connection with the Agreement, transfers and assigns to Assignee all of Assignor's rights in the Receivables, for collection purposes only, including conducting litigation in Assignee's name, for those Receivables which Assignor owns or may acquire from time to time. Assignor shall retain title and ownership of such Receivables. The assignment is without recourse to Assignor and without warranty of any kind (including; without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated in the Agreement or herein. PILOT RECEIVABLES MANAGEMENT, LLC ,i l By: { Morij on Vice f ation UNIFUND CCR, LLC By: Manager of Legal EXHWIT B BILL OF SALE OF ASSETS The undersigned Seller ("Seller") hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Pilot Receivables Management, LLC, a limited liability company organized under the laws of Ohio (`Buyer") on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Seller's right, title and interest in and to each of the assets identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit A (the "Assets"), together with the right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and after the date of this Bill of Sale. DATED: JANUARY 3, 2012 SELLER: U.S. Bank National Association ND By: ar,?? ?,n e Name (print): Title: Sr. Vice President of Retail Loss Prevention National Loan Exchange 1ncJNLEX USBNKASA.DOC 12/28/2011 EXHIBR VERIFICATION OF COMPLAINT AGAINST SEUNG Y. KWON The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. cam.- ' Unifund CCR, LLC Chris Blanton Authorized Representative for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. : CIVIL-LAW SEUNG Y. KWON, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated this)6 day of Ocfokr _ , 2012 Ra and W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembcrs Civil Relief Act Last Name: KWON First Name: SEUNG Middle Name: Y Active Duty Status As Of: Oct-05-2012 Results as of Oct-05-2012 09:4528 SCRA 2.3 On Aria Ouq On Adve [Ady sons Dam Active Duly start Date Arfve Duly Ed Dam smti,a Service Componrs NA NA No NA Thin responae refeclsfr i WwOuaW active duly emlua bard on ft Atyivs 0* Shins Date U& Hive Do* W*m 987 Days of Ach" Duty Stara Dale Active Duly Start Date Arive Duty End Dam sh" Service Component NA NA No NA THs response refects vAwa ft i vividual m8 alive d* aft* wfMirt 387 days pteredinp ft Aative Ouly St" Date The Member or aWill lar Unit Was Noliied of a Futire Gulp I* Aotive Duly on Arive Duly Stags Deft Order Noatirabon Start Dam Order NoYfnion End Dam E= Stabs E- Service Component NA NA No NA This response refects whetter ft individud of NOW utrt has received mfy noNc im to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servk emember or histher unit receiving notification of future orders to report for Active Duty. JL r.wiloLgiFF741-0 A?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 041125 Arlington, VA 22350 The-Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts In any manner that the individual was on active duty for the active duty status date, or Is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defensefink.mil" URL: httpltwww.deferiseknk.miitfaq/pis/PC09SLDR.htm1. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were avallable. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. AM Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Acute Duty are not covered by SCRA, as defined In accordance with 10 USC § 101(dx1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have rat actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2J7AFNR1 MM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff VS. CIVIL-LAW SEUNG Y. KWON, DOCKET NO. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff Unifund CCR, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Defendant: Seung Y. Kwon 4067 Regiment Blvd # 106 Enola, PA 17025 Respectfully submitted, lso/ Raymo d W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, , Plaintiff C-) VS. CIVIL-LAW; ate ` D KET NO c SEUNG Y. KWON, . OC Defendant r- 771* ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Unifund CCR, LLC, Plaintiff, in the above captioned matter. Respectfully Submitted, RAY OND W. KESSLER, ESQUIRE Attorney No. 309802 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson iff h ~_ ~ ~`~~-~' ~" .1,~ ~ ;~ ~ ^} ~{il~~ ~ .., er S ~ ._ ~`~ ` Jody S Smith Chief Deputy ~ '''~~? ~~~ ~Q ~~ ~~ ~~ Richard W Stewart ~-~ -- ~ 11~ Solicitor _ _ . - - ., C; M~ ~:~SY~~~f~ Unifund CCR, LLC Case Number vs. 2012-6462 Seung Y. Kwon SHERIFF'S RETURN OF SERVICE 11/16/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Seung Y. Kwon, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 4067 Regiment Boulevard, Hampden Township, Enola, PA 17025. Fourteen attempts at service were made but deputies were unable to make contact with anyone at this residence and the Complaint has since expired. SHERIFF COST: $103.00 SO ANSWERS, November 29, 2012 RON R ANDERSON, SHERIFF