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Home My WebLink About96-02873 , I I 't~ ~ . I } " " I " " 1', ,i I'l'!:i " II:. ~~ , "d.. 'il "1' , ,i . U ~ , " " " , " ,i ~ " I' " ) ~ ~ I, , i .~ , , I I ~ , l I ~ ", " I " I, " ,il " , , I ,) ,I! , .i " " I I ~ I II ~ "'- """, " " " "~I i , " ~ I I I , I 'i I "f I 'I I i ,I E ) I j i,l; 1 '1 ~ . : I 'f', ~ . ... ~ , " "" .lii ~ ' ~ I;' ,I.' , , 0.. ,- ~ '~/ ~' ()o I, I I " I " I " I' . I "I ',' I " , " , ,I' " KOREAN COOPERATIVE ASSOCIATION IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VI. No. 96-.}1f)'1 ~TERM IIAJOCA CORPORATION and RCK PROPERTIES, INC. Defendants ACTION AT EQUITY NOTICE You have been sued in Court. I f you wish to defend against the claims set forth in the following pages, you mllsttake 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 eourt 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 impGrtant to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNpT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. j ,.1 Court Administrator, 4th Floor Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 717/240-6200 County, Pennsylvania, 5, Premises subject to this proceeding are a vacant lot referred to as Lot 2, more particularly bounded and described us set lorth in Exhibit A attached hl:reto and made a part hereof. 6, On or about April 1995, Plaintitl' and Delendants cntcrl:d into an oral agrl:cml:nt lor the sale of premises by Defendants to Plaintitl' lor the sum of $40,000, 7, The tl:nns of the parties' oral agreement were not reduced to a signed agrl:ement but were embodied in various documents, which Sl:t lorth the tl:nns of the oral agreement. 8. Thl: parties agrel:d that escrow agent for purposes of settlement would be Attorney Ruby D. Weeks, lOW. High Street, Carlisle, Pennsylvania 17013, 9, On or about April 18, 1995, Plaintiff with the agreement and concurrence of Dl:fendants deposited the sum of $4,000 with escrow agent Ruby D, Weeks. Esquire, as down payment. 10. The following tenns were agreed upon by the parties: A, Purchase price was $40,000, to be placed in escrow, 8, The parties agreed to divide the cost of title insurance, C, The parties agreed that Plaintiff would pay the cost of filing application for approval of subdivision of Lot 2 and Lot I, being the remaining portion of the premises retained by Defendants. D, The parties agreed that PlaintifT would pay the cost of survey and preparation of plans for subdivision, I L On or about September 26, 1995, PlaintitT, with the agreement and concurrence of Defendants deposited the balance of $36,000 on account of purchase price with escrow agent Ruby 0, Weeks, 12. On or about September 12, 1995, Defendants delivered to escrow agent Ruby D, Weeks originsl deed executed by agent of Defendants, 13, On or about May 3, 1996, by wrillen notice allached hereto and a part hereof as Exhibil B, Plaintiff gave notice to Defimdanls that Plaintiff would be present 10 settle on the property on May IS. 1996 at 10:00 a.m. in the office of escrow agent Ruby D, Weeks ilt 10 W. High Street, Carlisle, PennsylvanIa 17013. at which time Plaintiff would direct the escrow agent to proceed 10 settlement by delivering the balance of purchase priee minus Seller's selllement costs to Seller and Plaintiff would receive delivery of deed to the premises, 14, Defendants failed to show and refused to sell Ie at the date, time and place on the ground that Defendants would not pay the sum of $3,326.40 into escrow with the City of Harrisburg to ensure completion of sidewalk on premises retained by Defendants, IS, As a condition of subdivision approval, the City of Harrisburg required that sums be placed in escrow to ensure completion of sidewalk on lot I and lot 2. 16. The subdivision application was approved and the subdivision plan recorded in the Office of the Recorder of Deeds of Dauphin County on or about April 30, 1996. 17. Plaintiff paid into escrow the sum required for completion of sidewalk on Lot 2. 18, On May IS. !996 at 10:00 a.m. in the office of escrow agent Ruby D. Weeks. 10 W, High Street, Carlisle. Pennsylvania 17013, Plaintiff was pres~nt through its agent and representative Young Ho lee, at which time he directed the escrow agent to deliver to the Defendants the purchase price minus the costs set forth on settlement sheet allached hereto and made a part hereof as Exhibit C. 19, Plaintiff has been and is now ready, willing and able to comply with the tenns of purchase of the premises and has on Plaintitl's port kept and perfonned the conditions for purchase of the premises. 20. Defendants are bound and required to convey the premises for the 540,000 minus the costs set forth on the selllement sheet. 21, By leller of May 13. 1996 faxed to the Plaintill: Defendants through their allorney Bernard E, Lyons agreed to all of the tenns set forth on the selllement sheet for selllcment, except that Defendants suggested that each porty pay 1/2 of the cost of installing Seller's sidewalk on Seller/Defendant's lot for Seller/Defendant's benefit and that Buyer be relieved of any further obligation for paving. which Plaintill' refused to accept. 22, Defendants are bound to sellle in accordance with the tenns on the selllernent sheet. 23, The delivery of the deed in escrow, and numerous telephone conversations, lellers, and faxes, constitute port perfonnance, evidencing an intent to convey the premises with a clear and establ ished purchase price, payment of title insurance. payment of subdivision, payment of surveyor. preparation of deed, and other actions required for selllement of real estate. 24. By reason of all of the foregoing averments, the oral agreement of the parties has been so far executed by Plaintiff and Defendants that the Defendants' acts constitute port perfonnance and were perfonned for the purpose of invoking reliance by Plaintitf thereon; and the refusal to settle is inequitable and a fraud upon Plaintiff. 25, The requirement of sidewalk construction is required by the City and is for the sole benefit of the property of Defendants, WHEREFORE, Plaintiff prays: A, That the Court order Defendants to perfonn specifically the porties' oral agreement and convey and authorize delivery of the deed from escrow agent to Plaintiff with marketable title ,OHN H. BROU,OS HUB EaT X. GILROY CHRISTOPHER C, HOUSTON BROUJOS, GILROY & HOUSTON, P.c. ATIORNEYS AT I.AW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 170U f ~ ~ F \. ',. ~w . j ... ... 717.:w-4"4 717.7~1690 FAX! 243-8227 FAX: 708480 798 land Fint Class Mail May 3, 1996 Lee Linde RCK PROPERTIES, INC. SSS Skokie Boulevard, Suite SSS Northbrook, II 6OO6S Dear Ms, Linde: This is notice to you that the Buyer KCA will be present to settle on May IS at 10:00 a.m. in the office of the Escrow AlIent Ruby Weeks, 10 W, Hish Street, Carlisle, PA 17013. At that time, we will advise the escrow agent that Buyer is prepared to proceed to settlement, directing her to make available the purchase price minus Seller's settlement costs. We will expect delivery of the deed. If the Seller is not present or does not direct the Escrow AlIent to deliver the deed and make distribution of funds in accordance with the settlement disbursement, Buyer will immediately institute suit to compel specific perfonnance of conveyance of the deed, From the inception of this transaction, you have chosen to take no action on any of the nonnal requirements of a Seller in this jurisdiction: You asked me to prepare the deed, You refused to file for subdivision, the duty of the Seller; KCA 3llRed to pay the engineer/surveyor, which was your duty and cost; KCA went to four meetings of the Planning Commission and City Council, with innwnerable phone calls and conferences with Code Enforcement, City Engineer, City Solicitor, over S months; KCA agreed to pay for filing of the subdivision; when you received the City's direction to install sidewalk, you wanted a copy of the engineer's cenification, which was sent and you wanted a contractor to do the work, for which I went to the trouble of contacting three sidewalk contractors, providing you with a proposal. at 3 very low price, may I say. We are obtaining real estate tax infonnation, the duty of Seller, We will forward proposed schedule of distribution, If you disallRe, we will ask the Coun to eSlablish a fair allocation of costs, slm c: KCA Bernard E. Lyons, Esquire Sincer~l yours, '1 '-- ~. '. "L John V roujos - EXHIBIT I B A. SBTTLEMENT STATEMENT U.S. DEPASTMENT 0' HDUSING AND USIAN DEVELOPMINT OMI NO. 2502'0265 I. ",. 0' LCIAII I. I I nA 2. II f_ 3, I I Cony, U'l11'16, fiLE NUIlln 17. LOAN NUIlIES II. MOSTGAGI INI CAIE NUMSIS 4. II VA 5. 011 C..h Ill. KCA C. IIOTE'Ihl. f.... II furnllhed 10 .Ivo VOU 0 IIII-.,t of .cIUlI ..Ul...."t cOlli. -"11 pold to .nd by tho ..nl....t ..ont .r. oil..... 11_ ..rked "IPOCI" wo.. pold oullldo Iho clollngr th.y Ir. ahown hlr. for 'nfonnltfonll purpo... end .r. not Includod In tho tot.l.. 0,1 12.90 (O/NCA) D. WI AIID AOOllEU Of 10UOWII E, NAME AND ADDSESS Of SELLES f, NAME AND ADDSESS Of LENDES Korlln Cooptr.ttvo A.locl.tlon SCN Propertlo.. lne. 1276 I. 13th Itr..t 555 Sko~lo Ilvd., Slo, 555 H.rrlobur., PA 17104 Northarook, IL 60065 G. PlOPISTY LOCATIDM M. SETTLEMENT AGINT 232267691 I. SETTLEMENT DATE Lot No. 2 17th. Mulberry SI.. IrouJol, Gilroy & HOUlton, P.C. H.rrl.burl. PA 17104 .. M.y 15, 1996 Douphln County, Ponnoylvonl. PLACE 0' SETTLEMENT 4 ~Qrth Hlnov.r Strllt Clrll.lo, PA 17013 . ~. IUMMAII Of SOISOWES'S TSANSACTIDM I ~ S~SI Of IELLII'S TlAlIIACTlDM ,nil . 'a. ,,_ Mid bv ..'I.. In fa. If_ Mid bv ..ll.. In 1t'~'0I. a 07,0' .0' "'.i>. ;;a ..h..., I.... D~"~."" la 07.01.96 . "!dIO ....01. n 0' .0'..7 , Cnun.v I.... 00....01. '001.0'..7 "",,. l.....-nta "D. ", , m. 412, 20. _I AIIDUIIT DIll 11011 SOIIOWII 47,390,43 420. GIOIS AMOUNT DUE TO SELLEI 41,830.43 1_ ........ ...n .. no I. ...." n. I .~;.~ ~:,:::~,.. 1201. ....., la "vaf of .""and , M, 17, .. OIL lDO, """" Id bv ..ll.. Po - i 519, . TOTAL PAID II/fOS SOIIOWES 40,000.00 520. TOTAL SIDUCTION AIIDUIIT DUE IILLES 4,323.40 . CAIH AT IITTLEMENT fIOll/TO IOSSOWIS 600. CAlM AT SETTLEMENT TO/fIOll SILLES 1301. Gro.. AlIt OUt fr... lorro.... IlIno 120) 47,390,43 601, Gro.. Aoount Duo to S.llor (Lint 420) 41,830.43 1302. LOI. ~ P.ld by/for lorr...r (IIno 220) ( 40,000,00) 60 2, L... SodJcllon. Duo S.Il.. (lInt 520) ( 4,323.40) 1303. CAIH IXI fSOII II TO SOISOWII 7.390,43 603, CASH (Xl TO I I 'ADM IELLU 37,507.03 Iho ......r.11IlId h.roby .ck_Iodg. rocolpt of . c~llIod copy af POI" 1&2 af Ihl. 1I......"t . ony ott.ch",,"1I r.f..rod to h..oln, IOISOlIIS SELLU - 1C0r..n Cooper.tlv. Altoclltton liCK Properet.., Inc. IOSIOWU SELLU EXHIBIT HUll.l (3,86) USPA, HI 4305.2 I c '. , " I verilY that the statements in the foregoing pleading II1'e true and correct. I understand that false statements herein are made subject to the penalties of 18 PaeS 4904 relating to unsworn falslficstion to authorities. I' /'Yl/""/./~'h""- g Ho Lee, ' eiit / orean Coopers' ciation . ., I..... , i C. U,! '" , ~~ I: , ., I. , , L.. ~ \ ,. ~' '. :"., ~ f' I,' , ' , , , " - . KOREAN COOPERAl'IVE ASSOCIATION. IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 96.2873 EQUITY TERM " HAJOCA CORPORATION and RCK PROPERTIES, INC. Defendants ACTION AT EQUITY . PRAEICIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above case settled and discontinued. July 5, 1996 B J~bn H. roujos, Esquire A,omey J.D. No. 06268 '- 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574 7171766-1690 FAX 717/243-8227