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JEAN YONG SOL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. : CIVIL ACTION - LAW
:
YONG SWAN SOL, ,
.
Defendant . NO, 96-5134 CIVIL TERM
.
AND NOW, this
ORDER OF COURT
IOtt.ay of October, 1996,
upon coneideration of
Defendant'e Petition for Special Relief, a RULE ie ieeued upon the
Plaintiff to ehow cauee why the relief requeeted ehould not be
granted.
RULE RETURNABLE within 5 daye of eervice.
SY THE COURT,
Ji
Luther B. Kilepaw, Jr., Eeq,
130 State Street
P.O. Box 946
Harrieburg. PA 17108 ~
Attorney for Plaintiff ~~~L. 11 .
Dann S. John., leq. lop~/f. _
Medford Profe.eional Center ~
2200 South George Street
York, PA 1140J-4594
Attorney for Defendant
Ire
v.
I IN THB COURT OF COMON PLBAS
I CUKBERLAND COUNTY, PBNNSYLVANIA
I
I NO. 5134 of 1996
I
I CIVIL ACTION
I
I IN DIVORCB
JBAN YONG SOL,
Plaintiff/Re.pondent
YONG DAN SOL,
Defendant/Petitioner
ANSWER TO PETITION FOR SPBCIAL RELIBF WITH NEW MATTBR
Admitted,
1-
2,
3,
4,
on Kay 9,
of Co_on
Admitted,
Admitted,
Admitted in part and denied in part, It is adllitted that
1996 Petitioner commenced a divorce action in the Court
Plea. of York County, Pennsylvania at 96-5U-02106-02D,
For reasons as hereinafter stated in New Matter, it is denied that
the COllplaint was served on Respondent by acceptance of service on
Kay 31, 1996,
5. Denied, The averments of Paragraph 5 constitute a legal
conclusion to which no further response i. required, In further
answer, pursuant to Pa.R,C.P. 1920,6 because the CUmberland County
divorce action was not filed ninety days after service of the York
County divorce pleading it should not be atayed,
WHEREFORE, Respondent Jean 'long Sol reapectfully requ..ts that
Petitioner 'long Hwan Sol'. Petition for Special .elier be denied,
1:\l~""I''''''
1
NEW HATTER
6, Respondent's Complaint in Divorce was filed in Cumberland
County prior to Respondent being properly served with the complaint
in Divorce filed in York County.
7. The original York County Complaint in Divorce was never
properly served on Respondent pursuant to Pa.R.C,P, 1920,4 and
Pa,R.C,P. 1930,4,
8, The Acceptance of Service attached to Petitioner's
Petition for Special Relief was fraudulently induced,
a, Respondent was not aware, nor did she understand,
that by signing the Acceptance of Service she had
accepted service of the York county Complaint in
Divorce.
b. Respondent was born in ICorea and became a
naturalized citizen of the United States in 1983. She
has a limited ability to read and understand E"9lish.
c, Petitioner included the Acceptance of Service allO"9
other doc:uaents which were signed by Respondent in
connection w1th a .atter Wholly unrelated to the divorce
action,
d, Respondent d1d not know that ahe was s19ni1\9 any
docuaents relatil\9 to the divorce action 1n York County
When she siCJned the Acceptance of service,
e. Respondent did not neeive a copy of the COIIplalnt
',~"'111___
a
in Divorce when she signed the Acceptance of Service,
9. Prior to June 19, 1996 Respondent was not aware that a
Complaint in Divorce had been filed in York County.
a. Respondent met with counsel for the first time on
June 19, 1996, Counsel during the course of this meeting
ascertained that a Complaint in Divorce had been filed in
York County,
10. On July 10, 1996 Counsel for Respondent obtained from the
York County Prothonotary a copy of the complaint in Divorce and a
copy of the Acceptance of Service, Prior to July 10, 1996 neither
Respondent nor her counsel had received a copy of the York County
Complaint in Divorce,
11. On July 15, 1996 counsel for Respondent filed an Entry of
Appearance in York County and on September 16, 1996 filed
Preliminary Objections to the COlIlplaint. The filinq of an entry of
appearance and the filing of preliminary objections do not
constitute a waiver of the right to object to service of a
cOlIlplaint,
a, Rule 1012(a) of the Pennsylvania Rul.. of Civil
Procedure states in relevant part: "I. party may enter a
wrltten appearance which .hall state an addre.. within
the C~on_alth at which papers _y be served. ~
apo.aran~. .hall not conatitut. a vaiv.r af ~h. riaht
to rai.. any defen,e includina aue.tiens of 1uriedlct1on
"\lbl\lllll\llll. \IlII I.....
J
or venue," (Emphasis added.) See also Cathcart v, Keene
Industrial Insulation, 324 Pa.Super, 123, 156 n.3, 471
A.2d 493, 510 n,3 (1984) (holding that counsel's entry of
appearance did not result in a waiver of defendants'
right to challenge plaintiff's failure to effect proper
service of the writ of summons): Com.. DeDt, of TranSD..
Bureau of Traffic Safetv v, Samek, 71 Pa.Cmwlth, 209, 454
A.2d 229 (1983) (holding that an entry of appearance no
longer constitutes a waiver of the right to object to the
failure to serve a notice of appeal).
b, Rule 1920.2 of the Pennsylvania Rules of civil
Procedure concerns the proper venue for a divorce action
and states in relevant part: "The rule does not specify
what participation is required to show consent [to
venue) . However, enter 1ng an appearance in order to file
a preliminary objection to venue is not participation
"
....
12, On September 16, 1996 Respondent filed Preliminary
Objections to venue and selvice in the York County action, In
paragraph 5 of the Preliminary Objections Respondent stated:
"Neither Plaintiff nor Defendant reside in York County, Defendant
has not agreed that the divorce action be brought in York County,
Defendant has not participated in the proceeding and the Acceptance
of Service by Defendant was frau4ulently induced," A true anet
f: \UlNIlI'\_ V.llt..._
.
correct copy of Respondent's Preliminary Objections filed in York
County is attached hereto as Exhibit "A",
13. Rule 1930,4(e) of the Pennsylvania Rules of Civil
Procedure states: "Original process shall be served within the
Commonwealth within thirty days of the filing of the petition or
complaint." The York County Complaint in Divorce was filed on May
9, 1996 and was not served on Respondent within thirty days of
filing. Moreover, Respondent first learned that a Complaint in
Divorce had been filed in York County on June 19, 1996 more than
thirty days after it had been filed.
14. On October 8, 1996 Respondent was properly served with an
Amen4e4 Complaint in Divorce filed in York County,
15. Both parties resided in CUmberland County at the time the
York County Complaint in Divorce was filed. Furthermore, both
parties currently reside in CUmberland County.
16. Rule 1920,6(a) of the Pennsylvania Rules of civil
Procedure states in relevant part:
If, within ninety days of service of the complaint, a
second action is brought in another county and one of the
two counties is the county in which the last famUy
domicile was located and in which one of the parties
continues to reside, the court of the county of the last
family domicile shall determine, based upon the purposes
of the Divorce Code, which of the two actions shall be
stayed and which shall proceed,
17, As a result of Respondent having filed her action in
CUmberland County on September 16, 1996 prior to being properly
't UbI\IlII\a \If 1111C11."
s
.... A
YONG DAN SOL, I
:
Plaintiff :
v. :
:
:
JEAN YONG S. SOL, :
:
Defendant I
IN THE COURT OF OOKMON PLBAS
YOU COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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NO. "-SU-0210'-02D
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IN DIVORCE
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PRELIMINARY OBJECTIONS IN THE NATURE OF
A MOTION TO DISMISS FOR IMPROPBR VENUB
C.>
"
C.>
...., .'
Defendant Jean Yong Sol by her attorney Milspaw , Beshore
hereby, preliminarily objects to the Complaint of Plaintiff Yong
Hwan Sol and in support thereof states the following:
1. This action for divorce has been instituted in York
County.
2. Plaintiff Yong Hwan Sol currently resides at 414 Cherokee
Drive, Mechanicsburg, CUmberland County, Pennsylvania,
J. Defendant Jean Yong Sol currently resides at 414 Cherokee
Drive, Mechanicsburg, CUmberland County, Pennsylvania,
4. Rule 1920,2 of the Pennsylvania Rule. of Civil Procedure
concerns the proper venue for a divorce action and states:
(a) The action, except a claim for custody, _y be
brought only in the county
(1) in which the plaintiff or the defendant resides, or
(2) upon which the parties have agreed
(i) in a writing which shall be attached to the
cOllplaint, or
(il) by participating in the proceeding,
(b) The record shall establish coapliance with the venue
require.ent of subdivision (a) prior to the
entry of the d~r.e.
': \l~1lll ,.... ...
YONG DAN SOL, I IN THB COURT OF COMMON PLBAS
I YORK COUNTY, PBNNSYLVANIA
plaintiff I
v. I CIVIL ACTION - LAW
I
. NO. '6-SU-02l06-G2D
.
JBAN YONG S. SOL, I
I
Defendant I IN DIVORCB
CBRTIFICATB OF SBRVICB
AND NOW, this Ii day of September, 1996, I, Helene Eichenwald
Loux, Esquire, hereby certify that I this day served the toregoing
document, by depositing the same in the u.S. mail, postage pre-
paid, at Harrisburg, Pennsylvania addressed as follows:
DaM S. Johns, Esquire
2200 South George street
York, PA 17403
Date: September 13, 1996
?4.Ik ~~ ~
Helene Eichenwald LoUX, Esquire
,: \ll1t'Mlt\a '.....N
I.aw Ollicc ofDann Johns
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
Jean Yong Sol
CIVIL ACTION - DIVORCE
v.
1996-5134 CIVIL
Yong IIwan Sol
PRELIMINARY OBJECTIONS OF DEFENDANT
TO COMPLAINT IN DIVORCE
I. The Complaint In Divorce was filed on September 16. 1996
2 Prior thereto. on May 9, 1996. Defendantlhusband commenced a divorce action in the Court
of Common Pleas of York County. Pennsylvania 96-SU-02I 06-02D. A certified copy of the York
County docket is attached to this pleading. The complaint was served on wife by acceptance of service
on May 31. 1996 (copy attached to this pleading)
l In Paragraph 32 ofa postnuptial agtte4ltflt signed by both parties on February 22, 1996 (copy
attached to this pleading), the parties agreed . A1llitiption whatson-er between husband and ~fe shall
be conducted in the Court of Common PIas ofYad County. Penns)inNa lIusband and wife hereby
submit to tbejuri1didioo ortbe Court of Common PleuofYad County. and wai\ejurisdicition inn-efy
other funam, for purposes of lAY and alIlitiption conca niftg di\'Ol'te as well as any issue addressed in
this Iilttt..leIlI .
96/10/07
In The Court of Common Pleas of York County. Pennsylvania
REC
Case Number 96 SU 02106 020
Case Type Divorce
YONG HWAN SOL
VS
JEANYOUNG S SOL
fpPEARANCES
o 001 SOL. JEAN YONG S
414 CHEROKEE DRIVE
MECHANICS BURG PA
MILSPAW. LUTHER E JR
17055
JOHNS. DANN S
POOl SOL. YONG HWAN
414 CHEROKEE DRIVE
MECHANICS BURG PA
17055
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lOi 96/05/09
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COMPLAIN7 IN CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
or COMPLAINT
96/06/0~
ENTRY or APPEARANCE
LUTHER E MILSPAW JR ESQ ~ HELENE EICHENWALD
LOUX ESQ rOil DEFT
PRELIMINARY OBJECTIONS
INN THE NATURE or MOTION TO DISMISS fOR
IMPROPER VENUE W/CElT SVC
96/07/15
91;;/09/16
laIEr IN SUPPORT or PRELIMINARY OIJECTIONS
W I CUT SVC
96/09/::3
(nOTItlOl
.. E N 0 0 reA S E
P I I M T 0 U T ..
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YOIII HWID Sol
Y.
Jeauyouq S. Sol
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1 acccpl service of Ibe COlIIplaiDt ill Ibe above-c:apcioaed IIIlIIIer lID beIIaIf of 1eaIIyouq S. Sol. IIId cenify dill 1
1m I1Ilborize 10 do 10.
o.te:
sI-
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IN THE COURT OF COMMON PLEAS OF YORK COUNrY. PENNSYLVANIA
CIVIL ACTION - DIVORCE
96-SU- 0 i/ I ~,- o~::b
ACCEPTANCE OF SERVICE
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4. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY: Husband forever and
absolutely waives any and all righl and claim to receive spousaJ support. alimony pendente lite. alimony.
insurance coverage and financial support whatsoever available under the laws of Pennsylvania and any
other jurisdiction. except as otherwise staled in Ihis agreement Wife forever and absolutely waives any
and all riglll and claim to receive spousal support. alimony pendenle lite. alimony, insurance coverage
and linancial support whatsoev.er available under the laws of Pennsylvania and any other jurisdiction.
except as otherwise stated in this agreement
5. COUNSEL FEES, AND COSTS AND EXPENSES OF LITIGATION: Husband and wife waiv"t the rigllt
to receive any paymenl fiom the other fur counsel fees, and costs and expenses of litigation. except as
otherwise provided in Ihis ~menl.
6. INVENTORY AND APPRAISAL OF PROPERIT Husband and wife waive their rigbt to obtain or
~IIIIY invmtlXy and appraisal of property. mantal and 1lOII-manu!. Husband and WIfe ..'Bive their
ripls to dispute lhe values of assets listed in this a~
7. MOTOR VEHICLES Husband 5hal1 recei\e and retam uclllsne possessioll and OI"1lership viS-3-vis
wife of tlIe 1995 Mercedes !kIIZ tstipula1ed gross v-alue of furry thousand dollars}. 1995 HoIlda
(stipula1ed gross value ohine tbousand dollars). and 1991 GMC (lllpuJated gross value of four thousand
doIlarsl Wife mv'ef _ens. conveys and lransfen to husband all npl, 11I!l! and Interest m such motor
v'dlicln. Wife ihall re<<ive and main exclusive posIeWOft and 0W\ll'I'liIup vtH-V" husband oftlle IWl
Toyota (stipuIaIed gross value of twft1ly-four thousand dollars) HlISblnl NreV-ef -CM, conv~s and
tn1I5fen to ..ife all rif,llt. lllW and IlIfef$ m ouch IIIOlOr vmicle W lfit iiIlaJl appear at ..lIate_ locations
wQia PeMs)lv1lllia selected by .....-.. to execute. ~Iedce and deli_ all doc-.q BIId lIIillcs
IIe(e_Y to ..ner lltW BIId ~ of _II motor -ehicln as Irllbnll "ve. At dw '- tIIat tIllS
..,ut,l:o,... is aped. It.ldhlhl and 101re..,. deliver all byt and acceuorift b .. ~
motor ~ "'.......w_llleftUf
I WOI\"tY AC('Ol!NTS """--I BIId ..,111 -n-.. .. e',- of .. ~ ..... (' ....-..,
... (1IftlIOl- w.... of ill........tolbnl IWIIII! iiIlaJl ~w t,d_v. __... BIId
t-.l of... ...__ __Ill ..,lit WIIIt "1ft," ....... all .....' blIt. ..... ... ..-. '" ...
- Odleft.. ''''' ~ . and .....tla... oil,., and ...., "/ J ... ....,., and -.. ac_ '"
......... .
......
their murua1 satisfaction. Husband and wife forever waive all claims to all accounls and monies of the
other.
9. CERTlFlCA TES OF DEPOSIT: Husband and wife acknowledb't lhe existence of certJlicate(s) of deposil
at Corestates Bank in lhe amount of twenty thousand dollars. held for Maria N. Sol. Husband shall relain
possession aDd cODIrOI of lhis asset. Wife ~\'fr waives all ript. title. interest and claims to lhis asset.
including use. possession. ownership and control.
10. STOCKS AND BONDS: Husband and wife acknowledge the existence of stocks ~or bonds of Ihe
Beistle Compllly. Husband shall rective uclusi\'f ownership and control vis-a-vis wire of forty
thousand doIbn of this stock. Wife ~\-er waives all ript. title. interest and claim in busband's share.
Wife shall receive exclusive possession and COIIlroI \;S-8-\;S busband of thirty """........ dollars of Beistle
SIllck. Husband ~\er wai\fl all riP- tille. i_ and claim in wife's share. ID the eveot of an
upwanI or downward cbattee in the value of Ibis stock pri<Ir to distribution. busband shall receive rour
se\ndta of the lOla\ value aDd wife shall recel\e tbree sevembs tbcreof.
II, TANGIBLE PERSONAL PROPERTY: Husband Md ....re have dhided Md c1i$fribuled a1lll1n1'bIe
flmOIl8I propet1y to their lIlulUal _,faction Wife ad1towtecr,es rempt of all iImls of IaftCIbIe
flmOIl8I JlR1PClIY 10 wllidt IIle is etIlItled. Husband shall rectlvt and maiJl all other ....bIe pmonaI
JlklP<.1> ~_. iIlcluding but not limited 10 all ....ble ~ property located at 41.. CIlerolr.H
Drive. Mec:1lanicsbwJ. CllIftbHIanoI COUllI)'. Pmtsylvania (sIiJluIaIed posa value of Iixlmt .....-"4
dollars. Wife bnw _pi. COIlveys and tnnsfen 10 "''''''-' all riP- title and interest ill all A1e1l
__ of'-C1b1e pmonaI ~.
12 1NTA.'lGIBLE ,.OPEIlTY NttdItr hudlud not Wife shall ha... .. rip! or m- to d1-. _.
w.sfft or..... .y _. say. '" ,.....IthBna. ~ imIce. .weo ~ -'
"~"''''4. ,"IlCIfI. \'\lK:f. ~, {~... 1niIetllar\. pIIfIIl. ~. .... of In (If
I'l'll-.... .., .jlf\1lt.'~ofltle'*'
n IUSINlU I~.u' Mol wilt ~-.. ""'-..nhp of a l 18 ~ II "(lm<p 8nMIy $uftlI,.
...... . ....... ~ ,. __ .. :91 ... <leortt ~ YIlI'\. Yor\ C--.. "'-n.t-
i"lf w,.I ... .... of ~-I.. -.,.1.... .......Il III ~ J" ... ttett.. .. "'- ntt...
...__~ _I .. \..,. witt of.... "r IllI..' tlll"-........... --. lk'eelllll.
C......_.~.I .. "(t~,of_\lwJ 1_ "'........-...IIllll',....''"'
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interfere with the operation of this business. Wife shall not use. discuss. lTansfer or distribute any
infonnation about operation of this business whatsoever, including but not limiled to trade secrets,
customer infonnalion. financial infonnalion. lax infonnalion. employee infonnarion. business
procedures, etc. Wife shall not contacl or communicate with any cusromer and/or employee of this
business.
14, BUSINESS: Husband and wife acknowledge ownership ofa busiMss known as "Seven & Seven" having
a principal business location ar9 West Market Stteet. York. York Counl)', Pennsylvania (stipulated gross
value of sill)' thousand doIlan). Husband shall receive and retain elclush-e ownership and possession
vi.....vis wife of this business. including but not limited to all awlS, accounts. claims. income.
posseS$ion, and conrrol. oflhe business. Wife shall not enler. di5Jlll1llle. or in any way intert"m with the
operation of this business. Wife shall not use. discuss. transfer 01' distribute any information about
operation of this business "..hatsoe\'el'. including but not limited 10 trade seaets. customer infonnalion.
lInandal information. Q.\ infonnalion. employee infurmarion. business procedures. etc. Wife shall not
contact or communicate with any customer and/or employee of Ibis business.
IS. LIFE INSURANCE: Husband and ..ife shall recei\-e and retain thelr respecth-e life iMurance policies
Wife bevet waives. releases. assigfts. COllveyJ and transfm to husbInd all rigllt. title. interest and claim
10 any and all life insunDce policies-including cash value tbereof and benefiu theftfrom- OIl the life of
husband. Husband bever wai\'eS, relcases. assigns. COftve~ and lTansf'erIlO wife all riglll. litle, interest
and claim to any and all life insurlllll:t' polICies-including cash value Ihereof and benefits theftfrom. OIl
the life of wife
16. AfiEIl.ACQUlIlED PIl0l'EIlTY: All kiDds of p"""rty ICqUiRd by InIsbIIod after this aptClIlClIl is
$iped. ucepl II odlerw\se staled in this apeemetIl.. ....heIIIer lIIIaiblt. ildIlIcible. JUl. penooaI or
.iud. shaJI belollal to lNsband Wift be\er ...a..n all nfllll. title. interesI and claim 10 Illy SllCIl
after~ P<<4l'rty All kiDds of pn1p!nJ acqIlired by wife after tIlis ~~.t>.WilIIS ...... etceplll
otlItn>_ staled ill tIlis .,rt(lI\(nt. ..Wlber 1aIIIibIt. real. penooaI or 1llUed. sIlaII Ileklllc Ii) "fe
III,~ I . mWl dYeS a111iJ1l1.lIlIe. lI\Ittt$l and d_ 10 .y $IIdI after....... pNIpl"1 I" t
_ ..ilit "10 ""KlIIf. aa.-~ at drli>et ., and alllb.___ _~~ 10 CiW e&d1O dill
_'" of (...10 aIW", ~1Iitt4 ptOJl4tl)
...~
17. REAL PROPERTY: Husband and wife acknowledge ownership of real propeny known as 414 Cherokee
Drive. Mechanicsburg. Cumberland County. PeMsylvania (stipulated gross value ofone hundred seventy
thousand dollars). Husband shall have exclusive possession and quiet enjoyment vis-a.vis wife of such
real propeny. At the time she signs this agreement, wife shall execute. acknowledge and deliver to
husband a good and sufficient special warranty deed granting and conveying to husband all of her right.
title. interest and claim (including present and furure rights arising by vinue of marriage) in such real
property. Husha/ld and wife funher acknowledge ownership of real property known as 1601 Market
Street. Harri~. Dauphin County. Pennsylvania (stipulated gross ~'a1ue of fony-five thousand dollanl.
At the time she signs this a~..reemenl. wife shall execute. acknowledl,'e and deliver to husband a good and
sufficient special warranty deed I,'l'3IIting and conveying to husband all of ber right, title. interest and
claim (including plnent and furure nghts arising by vinue of marriage). Wife wains all claims to fair
retUaI \'a1ue. income and profits li'om both of the abo'-ementioned rea1 propenies.
18. DEBTS: Husband repments that he bas not and ,.ill not incur any debt or obligatilllt for ,.tuch ,.ire may
become mpooSlble. Husband agrees 10 indemnify and hold WIfe harmless li'om any deb! and obhgahOll
incWRd by him. except as otherwUe staled in Ibis Agreement. Wife '~l"denlJ that she bas not and will
not incur any debt or obhgattOll for ,.fuch husband may become reSJl<lllSible. Wife agrees 10 indemnify
IIld bold husband harmless li'om any debt and obhptioo incurred by her. ex<<pl as 0IberwilIe Slated in
Ibis Apl(mcnt. Husband mtends 10 pay the folJo,.1ng deb!s Mangage on 414 Cherokee Drive (ten
!boo......! dollars); Mortgage on 1601 MaRet Street (lIuny-fhc thousand dollars); loan on Mercedes
Benz (thirty thousand doIlanl; Lou on Hunda tflve thousand dollars). Poly Clinic hospital btll (DlDeteen
Ihnu......t five hundred doIlan); Dental btlls ,two thousand doIlanl. Lou on ~ Btauty Supply
(/lftfttI thousand dollars t; IIld l<WI on Se\ft '" Seven (lbiny thousand dollars).
19 TAX REnJRJ'oIS Husbud and WIfe agree 10 file)OlDl income talL ~ for lU~" 199~ H~
IDd wife....1 c~1W ill filme lICe_talL ~ IDd shall lien aDd dehver a1llWCc_, documtlllS
wttlull ,,"~.lbw (24 I IkNn 01. demaIId by tIw 0lIIet
:0 RflEASE OF All M.Urr AlllGKTS ClAIMS "I"i{) 06llGA TlONS H"*-1_ .11le abool1IIely
IDd ~y re~ aDd forever ~ _II 0lIIet -.J tile ~ 01 tile otIler 60M .Y -.J all
c.... b .~. .-a AlJ'\lOfl. ~y petldetlIe ItIC. .....y, I__t! covtl'llp. ~
..tIiW... o>f -*' ...~~tty .... ~ rolIIIllItl hs. roob, ...~ ~"Jll(llI -.ter _
f'tMIytvilNll Di\\lM l',.. -.J ..., otIler nv.tws. c...... -.J \lN~ an-. IhlIIIl tilt __
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relationship, except as specifically reserved in this agreement. Neither husband nor wife shall have any
right. claim or obligatiOllto the other not expressly set fanh in this agreement.
2\. RELEASE OF CLAIMS AGAINST THE ESTATE OF THE OTHER: Husband and wife absolutely and
unconditionally release and forever dischaq,oe each other, the heirs. personal represenl3lives, assigns.
property and estale of lhe other from any and all rights. claims and obligations arising out of lhe marital
relalionship including. but not limited to: dower; curtesy; widow's and widower's righls; family
exemption or similar allowance; intestate rights; election against spouse's Will; right to treat a lifetime
conveyance as testamentary; and all other nghts of a suroi\ing spouse to participate in and/or receive any
gift or benefit from a deceased spouse's estate in any jurisdiction, Husband and wife wai\'e any
appointmenl or right 10 serve as personal representali'"e. guardian. trustee. or amomey.in.fact for the
other. except as SIaICd in this agreement,
22, GENERAL RELEASE OF CLAIMS AND COVENANT NOT TO PROSECtITE OR INmATE
LmGA TION Except for the npu and obligations expressly staled in thIS agreement. husband and wife
forner. absolutely and unconditionally release and discharge each other from any and all causes of
action. claims, rights and obligations wllarsoever Funber, husband and ..ife agree 110I10 prosecute or
init1ate any litigarioll. ci.il. criminal or odlerI>ise. except to enforce the rights and obligations contmed
in this agreement,
23 RESERVATION OF CLAIM FOR DIVORCE Husband and wife resel'\'e lbe nght 10 claim a _rauh
diwrce against the other
24 POWERS OF A nORl'fEY llU6babd and wife re\'Ole all povms of attorney in the other. nCepl as
cmlIed ill this ~. HlIIbud and WlIiI sIlalIllOI elercise uy power of lIIIillmey granted by the
other, nCepl as m8lfd ill litis agrwmenl AI the tinw ... sip litis lI&fftIIIeDI. ""iii agt'ftS to fleC1lle.
~lfdtt IIId deb_ a ~ dllnble power of _y -ittc ~~ as her attonIIey-ift-fact.
Wire lIfIMS __ 10 re\'Ole sudl power of attorney
2j ADOlTlONAl. INmlJMf.NTS "".~ . aN Wlfe sWl. .... bty~cJIt l-"lllooin after ~ ~
_ Olher, em.. ............. aN 4dt_ lO tbe otber.. tbe ..s\ of the otber lIIIy lIIIld IIIIIWther
___ IIId .... .. Ny be ftl\lllf4 lO ."e lIIlI bft aN tftKt 10 tIw JII'O.'-tI of IlItt
~~.._...
..."
...........
26. OPPORTUNITY FOR INDEPENDENT LEGAL ADVICE: Husband and wife acknowled~'C tbat they
have had a full and fair opportunity to obtain independent legal advice concerning this agrccmcnt. the
PcMSylvania Divorce Code. and their other legal rights. from counsel of their selection. Husband bas
been independently advised and represented by DaM Johns. Esquire. Wife bas chosen to represent
herself in the negotiation and signing of this agrccmcnt. Wife acknowledges tbat Dann Johns. Esquire is
DOl her attomcy. Wife further acknowledges tbat DaM Johns. Esquire bas not and cannot give her legal
advice.
27. CONSTRUCTION OF TERMS: Any tenns of this agrccmcnt deemed to he ambiguous sball not be
coastrued Ipinst husband. and in fa\'OI' of wife. Ratber. tenns deemed ambiguous sba11 not he construed
for orlpinst either party.
28. INCORPORATION AND NON-MERGER: ThIs apeement sba11 be incorponred in any di\'OI'Ce decree
wlIicb may be eatered between the parties. HoIo-e\n. tbis agreement sball DOl merge in any such decree.
but sball survive my decree 8Dd remain binding 8Dd conclusive on husband and WIfe for all time.
29. NON-WAIVER OF DEFAUlT: The faJhn of~ or wife to insisa on SIric1 perfomIance of my
temI Ofthil.,retnlCnt sba11 ia DO way etrect the nJht of llIly party to eaforce tIlis llCft(mc:nl.
30 SUBST ANnAL BREACH: The pIlties intead tIIII e\-en if a coun of COlllpelC1lt jurisdiction sbouId
dftermine dlat a substantial breach of this ~cllWnt would jll!lllfy mciss>on. nullillcalioll. or voiding of
the eatiR ...c.-. Ibis agmmcnt sball mnaia in lIdl force IIId C'I'lirct. Ili&IlIs IIId mnedies of
rescission. nullillcation. llIld ~ dill .,r(.:- ft eopmsly and fift,~ wai,ed by h...bMd and
wife,
) I. ENFOIlCtMlNT' "-'-IllIld ..,re II\lfItoIto _ IIId ftlIitl all n.- to etIforce tbis .(lIlfnt
.., the Dl>Orte Codt llIld.... witt The IUCl"ftSfuI fIIllrtft dlIII be etIhIIe4lo 1timhlr_letIIlbr Ills
ar hft 1CtlIII.....) hi IIId costs
12 CHOlCt Of LAWS TIId IllflUIC. IIMII h _.pl~~ .., .. 1IwI of .. C_weaIdl of
P'tMs)~ t1le pIItIa ..... .... .... .. .. ..... .... _ or botll of __ ... .. "-lI.-ia
.. .-.rIMI" tIlIlI \Ie 1lIII.1"""" .., dlt 1IwI of ~l_ u........ of _he.r 1M _
.wi,," ._~1 ~I'-."'b..... ..~...u. ftlbr<<A:\11 or......._ .\II lit_lllIl -~ .-
hel~ta ,. J IIId ... ... be ~ .. .. C.... of C_ "- of V..tL C--..
...'
Pennsylvania. Husband and wife hereby submit to the junsdlction of the Court of Common Pleas of
Yorlc County, and waive jurisdiction in every other fonun. for purposes of any and all litigation
concerning divorce as well as any issue addressed in IhlS agretment.
33. BINDING CONTRACT: The rights and oblig31ions of the panies under IhIs agreement shall be forever
binding on. and shall forever inure to the benefit of. the panies and their respective hein, penooaJ
represenl3lives. estates. successors and assigns.
34. PROVISIONS NON-MODIFIABLE BY ANY COURT: The panies intend that all !enns of thiS
agreement shall never be modified by any coun.
35, SEVERABILITY OF TERMS: In the event tbat any!enn oftbis agreement is cktennined by a coon of
competent jurisdiction to be invalid or unenforceable. then only that term sball be stricken ftum thIs
agnemenl. In all other respects, this agreement shall continue in filii force and binding effect.
36 INTENT OF THE PARTIES REGARDING SPOUSAL SUPPORT, AlIMOI'," PENDENTE LITE.
ALIMONY. COUNSEL FEES AII/D EXPENSES. AND WAIVERS THEREOF: Husband and wife agree
thai the temls conceming spousal support. alimony pelIde1tle 11Ie. ahRlOllY. counsel fees and expenses.
and waiven tbereof. are appropriate Wlm due considefation 1ti\-en 10 the foIlo1olllJ factors: rebl.ve
earniJlcs and eami", capacities of the panies; ages and plIYSlCal. IMJllal and emononal ronditIOllS of the
parties; sources of income of botb parties. includill1! but lid Imllted 10 med1cal. IftJrement. iIIsunDn! or
other beDeflts; the expectallCies and inhenWlCeS of the partin; the duralton of the 1llaI1ia,e; the
COIIlribulion by .- pany 10 the education.. training or iacrealied nminc power of the other peny; the
extent to which the earning JIO'"v. expellSS or f1naDcial obligariolIs of a pany will be affected by _
of sening as CIIStOdiatt of a minor child; the srandanl of Ii\iatl of the pame. establIShed duri1Ic the
1IIlIft'iaee; the relalive eduQIion of the parties and the liIM nece_) to acqWft SlafIkiftll educlIIlOlI Of
It'IinIna to enable the pllrty -kiII1! alimony 10 ftllCl apJII<1p'* ~; the relalive __ ....
liIIbolitics of lite ptlIties; the 1"+1'1 !lrolIcbt _ the ..,.. by eidln pany; the ~ 01 a
IpJUIe as a honlemaker; the relal1\e needs of the ptlIties; the mmtallI!l~ of tither pany pricf 10
_~ lall "'l~ of lite alimony; _1kW1 the pany tftbItlI ~ lacU ~ t"<lIk11)
to prov. for -.Mt ..... _~Illfl _ party q *..-w of wIf-~ ~ "V ..._
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. '
JBAN YONG SOL, I IN THB COORT OP COMMON PLBAS
Plaintiff I CUMBBRLAND COONTY, PBNNSYLVANIA
I
v. I NO. 5134 of 1996
I
I CIVIL ACTION
YONG H1fAN SOL, I
Defendant I IN DIVORCB
ANSWBR TO PRELIMINARY OBJECTIONS OP DBPENDANT
TO COMPLAINT IN DIVORCE WITH NEW MATTBR
1, Admitted.
2, Admitted in part and denied in part. It is admitted that
on May 9, 1996 Defendant commenced a divorce action in the Court of
Common Pleas of York County, Pennsylvania at 96-5U-02106-020. For
reasons as hereinafter stated in New Matter, it is denied that the
Complaint was served on Plaintiff by acceptance of service on May
31, 1996.
3. Denied as stated. While Plaintiff's signature appears on
page 10 of the Agreement executed on February 22, 1996, for reasons
as hereinafter stated in New Matter it is denied that this
agree.ent is a valid separation agreement, and as a result it does
not govern Which county has jurisdiction over any and all
litigation between the parties,
4. Maitted. In further anaver, Plaintiff objected to venUe
and .arvie. of the York County Coaplaint in Divorce,
$, Maitted,
I, ,,*,,-11II. 'lMM1CII,fO
WHEREFORE, Plaintiff Jean Yong Sol respectfully requests that
Defendant Yong Hwan Sol's Preliminary Objections to Complaint in
Divorce be denied,
HEW KATTER
6, Plaintiff's Complaint in Divorce was filed in cumberland
County prior to Plaintiff being properly served with the Complaint
in Divorce filed in York County,
7, The original York County Complaint in Divorce was never
properly served on Plaintiff pursuant to Pa,R.C,P. 1920.4 and
Pa.R.C,P. 1930,4.
8. The Acceptance of Service attached to Defendant'.
Preliminary Objections was fraudulently induced,
a. Plaintiff was not aware, nor did she understand,
that by signing the Acceptance of Service she had
accepted service of the York County Complaint in
Divorce.
b, Plaintiff va. born in Korea and bec_e .
naturalized citizen of the United State. in 1983. She
baa a limited ability to rud and understand English.
c:. Defendant included the Acc:eptance of Service aaong
other docuaent. which were sifJned by PlalntUf 1n
connection with. "Uer wholly unrelated to the dlvol"Ce
action,o
, . ul1l\llall\. \IIdliItClUO
)
d, Plaintiff did not know that she was signing any
documents relating to the divorce action in York County
when she signed the Acceptance of service,
e, Plaintiff did not receive a copy of the Complaint
in Divorce when she signed the Acceptance of Service.
9, Prior to 3une 19, 1996 Plaintiff was not aware that a
Complaint in Divorce had been filed in York County.
a, Plaintiff met with counsel for the first time on
3une 19, 1996. Counsel during the course of this meeting
ascertained that a Complaint in Divorce had been filed in
York County,
10. On 3uly 10, 1996 Counsel for Plaintiff obtained frea the
York County Prothonotary a copy of the Ceaplaint in Divorce and a
copy of the Acceptance of Service. Prior to 3uly 10, 1996 neither
Plaintiff nor her counsel had received a copy of the York County
Complaint in Divorce,
11. On July 15, 1996 counsel for Plaintiff filed an Entry of
Appearance in York county and on S41pteaber 16, 1996 filed
Preliainary Objectiona to the Coaplalnt. The filing of an entry at
appearance and the fiUng of preliainary objection. do not
constitute a waiver of the ri9ht to object to .ervice of a
coaplaint,
e. Rule IOU (e) ot the "'NUIyl".n1. Rule. of Civil
h'oc:.mare stat.. 1n relevant part: -A party MY enter e
" \t.~_ \IIl1WI1CII~"
4
written appearance which shall state an address within
the Commonwealth at which papers may be served. ~
appearance shall not constitute a waiver of the riaht
to raise anv defense includina auestions of iurisdiction
or venue." (Emphasis added.) See also Cathcart v. Keene
Industrial Insulation, 324 Pa.super. 123, 156 n,3, 471
A.2d 493, 510 n,3 (1984) (holding that counsel's entry of
appearance did not result in a waiver of defendants'
right to challenge plaintiff's failure to effect proper
service of the writ of summons): Com,. Dept. of Transp..
Bureau of Traffic Safetv v. Samek, 71 Pa.Cmwlth, 209, 454
A,2d 229 (1983) (holding that an entry of appearance no
longer constitutes a waiver of the right to object to the
failure to serve a notice of appeal).
b, Rule 1920,2 of the Pennsylvania Rules of Civil
Procedure concerns the proper venue for a divorce action
and states in relevant part: "The rule does not specify
what participation is required to show consent (to
venue J ' However, entering an appearance in order to file
a prelia1nary objection to venue is not participation
"
.. .. .. ..
12, on September 16, 1996 Plaintiff filed Preliainary
Objections to venue and service 1n the York COunty aetion, In
paragraph 5 of the Prelisinary Objections Plaintiff stated:
" \1C._1IllI.~,1IO
5
"Neither Plaintiff nor Defendant reside in York County, Defendant
has not agreed that the divorce action be brought in York County,
Defendant has not participated in the proceeding and the Acceptance
of Service by Defendant was fraudulently induced." A true and
correct copy of Plaintiff's Preliminary Objections filed in York
County is attached hereto as Exhibit "A".
13. Rule 1930,4(e) of the pennsylvania Rules of Civil
Procedure states: "Original process shall be served within the
Commonwealth within thirty days of the filing of the petition or
complaint." The York County Complaint in Divorce was filed on Kay
9, 1996 and was not served on Plaintiff within thirty days of
filing, Horeover, Plaintiff first learned that a Complaint in
Divorce had been filed in York County on June 19, 1996 more than
thirty days after it had been filed.
14. On October 8, 1996 Plaintiff was properly served with an
amended coaplaint in Divorce filed in York County.
15, Both parties resided in Cumberland County at the time the
York County Complaint in Divorce was filed.
partie. currently reside in CUmberland County.
16, Rule 1920,6(a) of the Pennsylvania Rule. of CiVil
Furthermore, both
Procedure states in relevant part:
If, within ninety days of .ervice of the complaint, a
.econd action is brought in another county and one of the
two counties i. the collnty in which the last f..ily
dOllicUe w.. located and in Which one of the partie.
continue. to r..lde, the court of the county of the l..t
,,''__ \AIlN1CII,1'O
6
family domicile shall determine, based upon the purposes
of the Divorce Code, which of the two actions shall be
stayed and which shall proceed.
17. As a result of Plaintiff having filed her action in
Cumberland County on September 16, 1996 prior to being properly
served with the York county Complaint in Divorce and within ninety
days of having either first learned of the York County action or
obtaining a copy of the York County action, cumberland county is
the proper county to determine based on the purposes of the Divorce
Code which of the two actions shall be stayed and which shall
proceed,
18. cumberland County is the proper venue for this divorce
action, Section 3104 (e) of the Divorce Code (23 Pa.C,S.A, I
3104(e)) states:
A proceedinq for divorce or annulment may be brought in
the county:
(1) where the defendant resides I
(2) if the defendant resides outside of this
Coaaonwealth, where the plaintiff resides:
(3) of ..triacnial domicile, if the plaintiff
ha. continuously resided in the county:
(4) prior to six months after the date of
final .eparation and with agre_nt of the
defendant. where the plaintiff re.ide. or, if
neither party continue. to reside in the
county of ..triacnial domicile, where either
p41rty reside., or
(5) .fter .ix months after the date of final
separation, Where either party resid.s,
19, Th. Agr....nt executed on February 22, 1996 by Plaintiff
and Defendant is not a valid ..p4Iratton agreeMnt and .. a result
it cleMS not govern wblch county ha. jurisdiction OVer any and an
',ILr---.__,,,
.,
litigation between the parties concerning divorce or any issue
addressed in the Agreement,
20. The Agreement was obtained as a result of duress,
coercion and fraud,
a, Approximately three weeks before the Agreement was
executed Defendant assaulted and threatened Plaintiff
with a gun.
b. Defendant continuously intimidates Plaintiff.
c, Defendant lead Plaintiff to believe that she had to
sign the Agreement to stop him from divorcing her.
d. At the time Plaintiff signed the Agreement she did
not know that she was relinquishing her interest in
almost all of the parties' marital property.
21. Reasonable provision was not lIade for Plaintiff.
a. Pursuant to the Agreement Defendant is to retain
substantially all of the parties marital property and
plaintiff is to receive no compensation for her interest
in the parties' martial property,
b. Plaintiff does not have sufficient assets to support
herself ,
22, Defendant did not malte a full and fair disclosure to
Plaintiff .
a, Plaintiff did not have an opportunity to read the
14......nt prior to sign1ng it.
I,\l~_-'Ol,"
.
JllAN YONG SOL, I IN THll COURT OF COMKON PLUS
Plaintiff I CtJKIlERLAHD COUNTY, PllNNSYLVANIA
I
v. I NO. 5134 of 199'
I
I CIVIL ACTION
YONG DAN SOL, I
Defen4ant I IN DIVORCB
CBRTIFICATB OF SllRVICB
I, Helene Eichenwald Loux, Esquire, hereby certify that on
october 11, a copy of the foregoing document was served upon
Defendant by depositing a copy of the same in the u.s. mail,
postage prepaid and addressed as follows:
DaM S. Johns, Esquire
2200 South George Street
York, PA 17403
Date: october 11, 1996
2J.~ ~~""~~"'id
iielene !ichenvald LoUlC, hquire
h\Ull'1llOl\lllL '.r-1~ lllClJ."
11
IWUA
YONG HWAN SOL, I
.
.
Plaintiff I
v. I
I
I
JEAN YONG S. SOL, I
.
.
Defendant I
IN THE COURT OF COMKON PLEAS
YORK COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. "-SU-0210'-02D
'"'< ~.
2~' :
:R !;;
-. .:':'
~ <.
'-if ,..
-
C"\
IN DIVORCE
-..
- -
:;. ~ ..,
".
-'
~
-
PRELIMINARY OBJECTIONS IN THE NATURE OP
A MOTION TO DISMISS POR IMPROPER V!NU!
C.J
'.
C.J .
...., .'
Defendant Jean Yong Sol by her attorney Milspaw , Beshore
hereby, preliminarily objects to the Complaint of Plaintiff Yong
Hwan Sol and in support thereof states the following:
1. This action for divorce has been instituted in York
County.
2. Plaintiff Yong Hwan Sol currently resides at 414 Cherokee
Drive, Mechanicsburq, CUmberland County, Pennsylvania.
3. Defendant Jean Yong Sol currently resides at 414 Cherokee
Drive, Mechllnicsburg, cumberland County, Pennsylvania.
4. Rule 1920.2 of the Pennsylvania Rules of Civil Procedure
concern. the proper venue for a divorce action and state.:
(a) The action, except a claim for custody, may be
brought only in the county
(1) in which the plaintiff or the defendant reside.. or
(2) upon which the parties have agreed
(1) in a writing which shall be attached to the
complaint, or
(ii) by participating in the proceeding.
(b) The record shall establish compliance with the venue
requlrement of subdivision (a) prior to the
entry of the deer...
,:U\.I.Oll'\SCll.\......'O
YONG DAN SOL, I IN THE COURT OP COMMON PLEAS
I YOU COUNTY, PENNSYLVANIA
Plaintiff I
v. I CIVIL ACTION - LAW
I
I NO. "-SU-0210'-02D
JEAN YONG S. SOL, I
I
Defendant I IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this /.1 day of September, 1996, I, Helene Eichenwald
Loux, Esquire, hereby certify that I this day served the foregoinq
document, by depositing the same in the U.S. mail, postaqe pre-
paid, at Harrisburg, Pennsylvania addressed as follows:
Dann S. Johns, Esquire
2200 South George Street
York, PA 17403
Date: September 13, 1996
~ ~:/~~-ftI ~
Helene Eichenwald LoUX, Esquire
"'l~_'~."
JEAN YONG SOL, : IN THE COURT OF COMKON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. I CIVIL ACTION - LAW
I
YONG HWAN SOL, I
Defendant I NO. 96-S134 CIVIL TERM
ORDER OF COURT
AND NOW, thi8 ~iLday of September, 1996, upon consideration
of Plaintiff's Petition for Special Relief, a hearing is SCHEDULED
for Friday, October la, 1996, at 9:00 a.m., in Courtroom No.5,
Cumberland County Courthou8e, Carlisle, Pennsylvania.
BY THE COURT,
.
Luther B. Mil8paw, Jr., Esq.
130 State Street
P.O. Box 946
Harrisburg, PA 1710a
Attorney for Plaintiff
Yang Bvan Sol
tIt Cherokee Drive
Mechanicsburg, PA 17055
and
c/o George Beauty Supply
207 South George Street
York, PA 17t03
Defendant, Pro Se
Ire
C-d........ "l_"~'A.. 'lll"/~"l'
> ,
JEAN YONG SOL,
plaintiff/petitioner
I
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
,~ " /. .,.......
,(... ',I I I L4..,.rA I ~,,~-
NO. 9: 1Aft.
.
.
v.
:
.
.
YONG HWAN SOL,
Defen4ant/Reapon4ent
I CIVIL ACTION
:
I IN DIVORC!
PETITION FOR SPECIAL RZLIEF
AND NOW Petitioner Jean Yong Sol by her attorney Hilspaw ,
Beshore hereby, files a Petition for Special Relief against
Respondent, and in support thereof, avers the following:
1. The Petitioner is Jean Yong Sol, Plaintiff in the above
captioned matter, who currently resides at 414 Cherokee Drive,
Hechanicsburg, CUmberland County, Pennsylvania.
2. Respondent is Yonq Hwan Sol, Defendant in the above
captioned matter, who currently resides at 414 Cherokee Drive,
Mechanicsburg, CUmberland County, Pennsylvania.
3. Petitioner and Respondent are husband and wife, having
been lIlarried on April 25, 1977, in Korea.
Petitioner and
Respondent becllme naturalized citizens of the United States in
1983.
t. Petitioner tiled a Complaint in Divorce 8eeltinq equitable
distribution of marital property, alimony pendente lite, counsel
fees, coats and expense., and alilllOny on or about September 13,
1996.
5. On rebruary 22, 1996 Petitioner and It"pendent executed
f \ \1 (1t\llOI\SCll. \Kllll..AliI
an Agreement purporting to settle fully, finally and completely all
rights and obliqations arisinq out of or by reason of their
marriage. A true and correct copy of said Agreement is marked as
Exhibit "A", attached hereto and made a part hereof.
6. Thi8 Agreement is not a valid separation agreement.
7. The Aqreement was obta ined as a resul t of duress,
coercion and fraud.
a. Approximately three weeks before the Agreement was
executed Respondent assaulted and threatened Petitioner with
a gun.
b. Respondent continuously intilllidates Petitioner.
c. Respondent lead Petitioner to believe that 8he had
to siqn the Agreelllent to stop hilll from divorcing her.
e!. At the tille Petitioner siqned the Agreuent 8he did
not know that ahe wa. relinquishing her interest in alllO.t aU
of the parties' marital property.
8. Rea80nable provision was not made for Petitioner
.. Pursuant to the Aqre8lll8nt Respondent i. to ret.in
sub.t.ntially aU of the parti.. IIlIrital property .nd
Petitioner is to receive no coapensation for h.r interest in
the parties' IIlIrtial property.
b. Petitloner doe. not bave sufficient ....t. to
support herself.
t. Respondent did not uk. . full aM fair diacloaure to
I t \llII'IIaII\. "'",.. ,Nt
J
Petitioner.
a. Petitioner did not have an opportunity to read the
Agreement prior to signing it.
b. The effect of the Agreement on Petitioner's interest
in the parties' marital property was never explained to her.
c. Petitioner was not represented by counsel when she
signed the Agreement.
d. Petitioner has a limited ability to read and
understand English.
10. Petitioner has no adequate remedy at law.
WHEREFORE, Petitioner respectfully requests that this
Honorable Court grant the followlnq Special Relief:
a. Issue an order setting aside the February 22, 1996
Aqreement;
b. Issue an order requiring an accounting of all items of
personality and/or realty, and that judgment be qiven to Petitioner
against Respondent for monies or property due Petitioner as shown
by said accountinq and that no further disposition, transfer,
encumbering, concealing, .elling, removing or alienating take place
without further order of this Court;
c. Issue an order requlrlnq that all ~.sary dOCWDents be
executed to restore the part ies to the status quo as of January 31,
1996.
"'l~,"'''l.,''
J
JEAN YONG SOL, I IN THE COURT or COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. . NO. of 1996
.
I
I CIVIL ACTION
YONG HWAN SOL, I
Defen4ant I IN DIVORCE
CERTIFICATE or SERVICE
I, Luther E. Milspaw, Jr., Esquire, hereby certify that on
September I~ '1Jb a copy of the foregoing document was served upon
Defendant by depositing a copy of the same in the U.S. lilaH,
postaqe prepaid and addressed as follows:
Yong Hwan Sol
414 Cherokee Drive
Mechanicsburg, PA 17055
Yong Hwan Sol
C/O George Beauty Supply
207 South George tree
York, PA 17
Dat., ., I~ 't(,
Jr., Esquire
f,Ul1l\lIl:Il\..\HU......
llf'fTA
"
'"
4. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY: Husband forever and
absolutely waives any and all right and claim to receive spousal support. alimony peodenle lile. alimony.
iDsurance coverage aDd financial support wbalSoever available uDder !be laws of PetIIlS)'lvania and any
other jurisdiction, except as otherwise staled in this agreement. Wife forever aDd absolulely waives any
aDd all righl aDd claim 10 receive spousaJ support. alimony pendenle lite, alimony. insurance coverage
aDd financial support whatsoever available under the laws of PetIIlS)'lvania and any other jurisdiction.
except as otherwise stated in this agreement.
5. COUNSEL FEES, AND COSTS AND EXPENSES OF LmGAnON: Husband aDd wife waive the right
10 receive any payment ftom the other for COWlSeI fees. aDd cosrs aDd expenses of Iitiptiotl. except as
otherwise provided i1Itbis agreement.
6. INVENTORY AND APPRAISAL OF PROPERTI': Husband aDd >>ife WlIIV'e their right 10 obtain or
compel any inventory aDd appraisaJ of property, manta! aDd -.marital. Husbeod aDd ..ife waive their
ri&hls 10 dispute the values of assets listed in this ~.
7. MOTOR VEffiCLES: Husband shall rettive and re_ exclusive possessiOlIlIDd ov.'lImIIip vis-a-vis
wife of the 1995 Mercedes Beuz (stipulJled gross vaNe of fony 'llouslIDd dollars). 1995 Honda
(stipuJaled gross value ofnillC! tbousa.nd 00111111. aDd 1991 GMC (stipu.IaIed gross ..a1ue of four tbousaod
doIIan). Wife Iilrtvtf assips, conveys lIDd lr1Wfen 10 husbeod all riem. lllle lIDd IIlImSt iD SIIdI motor
v'ebicln wIre sbaJl rtceive aDd retaIlI elchliive powssIoD and OWIJtnhip vis-a-vis Iausbud of the 1993
Toyota (stipu.IaIed gross value of lWetIty-four tbousa.nd dollars). Husbeod Iilrtver ....ll"" lXlIIveY1l1Dd
b'alIsfen 10 wife all ncm. bile aDd mtemt in S1iCh _ mucle. WIfe sMI1..... . wIt.aIrm 1<><.."""
w1thiJl 'nllSyhania selected by busbInd, 10 eXetllle, ac:bowledp and .1.- all ti_.~lIIIlIDd tiIp
~ 10 traIIsffr lllle and ~lOII of S1iC1l motor wllM:ln II Mt fonII above "I lilt liae ....lllis
IlIfWftHIIS siCJltIlllu:sbal aDd "Ire sIIalt .ltver all keys 8d I"U""'U Rlt dle ....etllt....
_ \'elucla 10 tllm IIIfeodtd _lIlmo(
. MONtY ACCCX.;~"TS ~ and ...Iff ~... lilt IIt1l11n<< of.. _ ... COl1IT' 'It
I.tM (1R'fOl1lNlt WM.-e of In ~ doI1anl Ill....... ilIIrIIt _.. "dllllve 1lNl__ ...
~ of tIlu afro.! vu...." ..tit \\.ff bt_ ".VB all .. tIdot. l8IlltH -* dlllll 11:I ..
~ ~-, fMhr J and ..m.......... and ..,....__ _.. ~ "" 1 ---10
"'* 1
their mutual satisfaction. Husband and Voife forever waive all claims 10 all accounls and monies of the
other.
9. CERTIFICATES OF DEPOSIT: Husband and wife acknowledge the existence of cenilicare(s) of deposil
al Corestales Bank in the amounl of twenly lhousand dollars, held for Maria N. Sol. Husbaod shall retain
possession and concrol of Ibis asset. Wife forever waives all righI, litle. interest and claims 10 this asset,
including use, possession, ownemup and control.
10. STOCKS At'm BONDS: Husband aod Voife acknowledge the existence of stocks and/or boads of the
Beistle Company. Husband shall recm-e exclusive ownership and concrol vis-a-viS wife of forty
thousand dollars of this StOCk. Wife forever waives all righl. tille, interest and claim in husband's share.
Wife sball receive exclusive possession and concrol ,is-a-\~s husband of tbiny lhousand dollars of Beistle
stock. Husballd forever waiv-e5 all righI, title, in~st and claim in wife's share. III the event of an
upward or downward change in the v-alue of Ibis stock prior 10 distribution. husband sball receiv-e four
sevenths of the toCa1 value and WIfe shall receive three sevenths theffi)f.
11. TANGIBLE PERSONAL PROPERTY: Husband and wife have divided and distributed all tangible
personal propeny to tbeir mutual S811sf.lcnon WIfe acknowledges receipt of all items of tangible
pmonaI propeny 10 Voiuch sbe is entitled. Husband sball receive and mam all 0Iber tanllible personal
properTy Vobat5Oever, including but not I\IIUled 10 all tangible pmonal propeny located If 414 Cherokee
Drive. M<<baaicsburg. Cumberland County. hDllsylvama (stipulated llJ'OSS value of sixteen dlousand
dollars) Wife forever assigDI. conveys and tramfen 10 husband all npl. title and iDtereSI in all SllCb
items oflanglble personal propl!ny.
12 r..'TANGrBlE PROPERTY Nrttber husbud nor ..1ft sbalJ !lave the ngbl 01' IlCfl\W 10 di$e1dS, _.
Ir.IIlSftr or distnbute lIIIY _. SIOI'y. ",_npl. like_a ~, ~, v'idrg ~, IOWld
reronlmtl. dlarader. mta. ~y, CI.'Jrynpt. ~. paIe\lt. Itttll5e. viobboe of law or
rtpIatIal. or busineu proper!) of the orlltr
I) BUSINESS Husband and .Ire acbQ",~ ""'1lt'f1Ibp ,>fa ~ Uov>lIlS ~ Ilotauty SuflIlIy'
!lavUIC a pcw~ ~ kx~. 81 =01 $.:ulI C~ Slrftt. ">ft, VOlt C~, "'-'1._
U.l~ r:roa \... of l\"'Y''''1! ltluwland ~I ~ IlWl ~I" 8lllt _ ",,_,t'
"""1Wf'illIII8lllt .,.--'" \1"""\'I.'t.! el.s ~ *Illdlac N.... ""'dIN IIU 11I1-. ~
<!.toml. .(,_. "'__""...... <l>Mrol. ,,,fllw """"- W,,,, 'lMl\..". _......... "'1Il~.n
.... 1
interfere with lbe operation of this business. Wife shall nOI use, discuss, transfer or disnibule any
infonnation about operation of this business whatsoever, including but not limited to trade secrets,
CUSlomer infonnation, financial information, tax information, employee iDfonnation, business
procedures. elc. Wife shall not contact or communicate with any customer and/or employee of this
business.
14. BUSINESS, Husband and wife acknowledge ownership ofa business latoWll as 'Sev-en &: Seven' having
a principal business location 319 West Market Sired, York, York County, Peuosylvania (stipulated gross
value of sixty thousand doltar5). Husband sball receiv"e and retain exclusive owuership and possession
vis-a-vis wife of this business. including but DOl limited to all assets, accOUllts. claims. income,
possession. and cootrol, oflbe business. Wife shall DOl enler, disparage. or in any way interfere with lbe
oper:trioo of this business. Wife shall DOt use, discuss, lr3IISfer or distribute any iDformaIioD about
opmrioo of this business wtwsoev"er, mc1udinj,! but not limited to trade secrets. CIlSlOmer infonnatton.
financial iafonnatton. 1&.1 informatioll. employee informatioll. business procedw-es, etc. Wife sball DOl
COIIW:1 01' communicate witts any CUSlomer andrOl' employee of this business
15 LIFE INSURANCE Husband and ..,fe shall re<<ive and retain their rnpectiv"e life iasw'aDce policies.
"Me furever V.-aivfl. rele~ assip5. conveys and lnIISfm to busband all "pt, btle, inteml and claim
to any and all life IlUUI'3IlCe pohCIes-incllldlDg c35b value thereof and benefits thetefrom- on lbe hfe of
bu$band. Husband forever "'a1V"U. releases, assilDS. COlIV"fYS and traDSfen to Wlft all ripr. bIle. interest
IIId claim to Illy and all hfe msurance poI1cies-iacludlng ~ .-alue Ih<'teof IIId beo<<f\1S tbeftfrom. 011
IIle hfe oh,fe
16 "mR.ACQli1JlED PROPERTY All UIIds of ploptny acqulftd ">' busblad aItet tills apftlMIlI IS
Ilpf4. Cl<<p1 as alller<olllC Nted 1JI tbls Ijlfftlllfllt. ..hcthtr~. llllaftCtble. mi. pmoIIll/ or
IIlltN. shall ~ to husband Wife ~\-rf wann all npr. 11I1e. iatcRil IIId clauft to lIIlY Sllth
after.....ued ~ All \IIld$ of ~(1)<'l1 t kqlII1'ed ">' Wlli! after tills il!"Clllelll IS S\tlIIed. C1CqIl as
allttnoue stIted 1ft dlts "*'(,.......t. ..1ltttIrf ~. real. J!l'l'!OIUI or lIu\ed. IllIl1 Wlotc Il:l ...It
Mo': ~ I r I bev" ....,et all.. m.... -.. aa4 ttatltllO MY IUd\ ~~ prl.'ft"y ~
aa4 ...... IClft lO "\milIII'. K"_~ IIllI Jirh,tf _, Mil all tb.---. _~...... t!ffctlOtiMa
...'" tlf c~... """'k~ ~
r.ll>'1
17. REAL PROPERTY: Husband and wife acknowledge ownership of real property known as 414 Cherokee
Drive, Mecbanic:sburg, Cwnberlaad County, PelUlSylvania (stipulated gross value of oae hundred seventy
thousand dollars). Husband shall have exclusive possession and quiel enjoyment vis-a-vis wife of such
real property. AI the time she signs this agreement, wife shall execute, acknowledge and deliver to
husband I good and sufficienl special warranty deed granting and coaveying to husband all of her righI,
tille. inleresl and claim (including present and furure rights arising by virtue of marriage) in such real
property. Husband and wife further acknowledge ownership of real property known IS 1601 Market
Streer, Harrisburg, Dauphin County, Pennsyl,1IIIia (stipulated gross value of forty-five thousand dollars).
At the time she signs this agreemenl, wife shall execute, acknow1ec4.oe and deliver 10 husband a good and
sufficielll special warranty deed granting and COI\\-eying 10 husband all of her right, title, interest and
claim (including ~sent and future rights arising by virtue of marriage). Wife wai\fl all claims 10 fair
reatal \-alue, income and profits from both of the abovemenll~d real properties.
18. DEBTS: Husband represents rbat he bas 110I and ..;11110I incur any debt or obIigatioa for .."bid! wife may
become lupoll5ible. Husband agrees 10 mdemnify and hold wife harmless from IDY debt and obIipltOD
iacurtd by him. cxcqll as 0lberw1se Sl3Ied in Ibis APfflIIenl Wife n:pmenIS IIw she bas 110I and will
IIOIIIlCUr any debt or obIiplJoD for ..1lich husband may become respoastble. Wife agrees 10 indemnify
and bold husband harmless fi'om any debt and obhption .ncumd by her. except IS OIberwtse stated in
WS Ajp'ctmcDI. Husband mtcnds to pay the foIlowilll drbts Mortpee 011 414 ChcTOkee Drive (ten
tbousand dollars); Monpec OIl 1601 Marli.et Srrw ItIlIny-fh-e """..-I dollars I; lOlD 011 Mucedes
Benz (tbirty ............., dollan); loan on Honda (fhe lhousand cIollan); Poly Omie IlospitaI bill (1Wle1ftD
.... .1 Ihe IIUDdred dollars I; Deotal bills (two IIIolIsand cIollanl. l... 011 Georp ec-y SIIppIy
(fifteee """-' doI1an); and loin 011 ~-m &: Se\-m \tIlIny ","",.-of cIollanl
19 T A.X REnrllllS Husband and ..,fe a&lft to file jomIIIICOIIIC W mini for W ~ 1995 Huslland
Illd ..,re ~I ~ .. III.... K(lQIC 1&., n:t\InlS. and sIuIIl alii Illd deliver all ~ doc_
wltllie ....tDly-four (241 howl of a detNaI \!y the other
ZO IlElEAS! OF All MAlIT.U-lt.IGHTS ClAl\lS ........008llG.-\T1ONS lfo'$~ t and..,re abwohlIely
IIIl4 ~-, '*- and "~ff hharte Udl"*' and _ _ of_ odIer a,. .Y *11I
('-t .. ._e. ~ tlIft'M. --...y ~ Mt, ~_. _-e N'C\'1fr, .......
.......... of IlIII'ltaI P"'I"!".' ..... kIh'lMJ, ~I "'"' ...-. t~~ bl...._.4. -*' lW
~hau Ol~ Ct.. at ., ""'" ... c......... ai ~ .tmIllC ...... _ __
t')Jl't~
relationship, excepl as specifically reser.-ed in this agreemeat Neither husband aor wife shal1 have auy
righl, claim or obligatioa 10 the other DOl expressly set fanh in this agreemeat
21. RELEASE OF CLAIMS AGAINST THE ESTATE OF THE OTHER: Husband aad wife absolutely aad
uaconditiona1ly release aad forever discharge each other, the heirs, persoaaI repreteatalives. assigns,
property aad estate of the other !tom auy aad all rights, claims aad obliptioas arising OUI of the marital
relatioaship iaclucliag. but DOl limitrd to: dower; curtesy; widow's aad widowa's ri&hts; family
exemptioa or similar allowance; inteSl3le rigbrs; electioa agaiDst spouse's WiU; riptlO tmI a lifetime
CODveyaace as teSlameDlary; aad all other ri&hts of a surviving spouse to participate in aadlor receive auy
&ift or benefit !tom a deceased spouse's estate in auy jurisdictioa. Husbaad aad wife wah-e auy
appoiatmeat or rigbI to serve as persoaaI ..p..J(lltalive. guardiaa. tnISlee, or atttomey-ia-fact for the
other, excepc as ~ in this agrcemeal.
22. GENERAL RELEASE OF CLAIMS AJ'm CO~A."lT NOT TO PROSEctrrE OR tN111ATE
LITlGA nON: Eltcepc for the rights aad obIiptions expressly ~ in this &6lft'1MIl. busbad aad wife
forever, absolutely IIId UIICClIIditiolly relute aad discbarge each other !tom any IIId all causes of
action. daims, ri&hlS aad obIiprioas ..1Iauoewr. Funhet, husbaad aad wife ape IlOI to pnl!iCCUIe 01
iaitiate auy \itipriolI. civ1l, crimillal or otherv.ise, excepc to tIlforce the nghts IIId ob\ipIionI COIIlaiDed
ill this aczeemem
23. USERVATION OF CLAIM FOil. DIVOIl.CE, HIIsbaIId &ad wife merve the rigbI to cIaiIIl a lIC)ofault
cIMrce apiBsI the other.
24 PO\\'EltS OF A'ITOlNty tfoNbal.d &ad ,.ife l'l'VOIle all powm of ~ ill tlIe other. et.cepl .
crealllt in this ",PllIfat. HlaSbIIld at wiftt IlIaIlIlOl exmise .y powtt of ~ IflIl*d by lllt
odler, ucepc. cmIfd 1fI11l1s .._ At lllt..... sip$ltlis lCt"melll. ,.jft ICIftt to e__.
~iNct IIl4 tfelj'Off I aeMnl.turQle ~ of _, --. b 1\ r ~ . Mt aDaIM) i&1lKt.
Wift~._tore~ -'~of_y.
2' ADOI11ONAL I'NSnUMlNn " ,. ~ at ltrlft.......... "".. ~'I.ql"" after I.-H_d by
tile .... Utclft, ......,.w,. IIld "'Off to tile other \'It Ittt ....11 of tlIe other .y .. aIlllirltMf
U "... ... ...., .. May lot If"....!.. to P" tWI IbIu at dIrd to tlIe fIIU\-- fit \Ild
~4~~"
"'-"
26. OPPOR1lJN1TY FOR INDEPENDENT LEGAL ADVICE: Husband and wife acknowledge thai they
bave had a fWl and fair opportunity to obtain independent legal advice concerning this agreement, tbe
PeMSylvania Divorce Code, and their other legal rights, from counsel of their selectioo. Husband bas
been independently advised and represenred by Dann Johns, Esquire. Wife bas cbasen to represent
henelf in tbe negotiation and signing of this agreement. Wife acknowledges thai Dann Johns, Esquire is
not ber attorney. Wife funber ack:nowledges tbat Dann Johns, Esquire bas not and cannot give ber legal
advice.
27. CONSTRUCTION OF TERMS: Any terms of this agreement deemed to be ambiguous sball not be
cOll$ltUCd against busbaDd. and in favor of wife. Rather,renns deemed ambiguous sball not be constnled
for or against either party.
28. INCORPORA nON AND NON-MERGER: This agreement shall be incorporated in any dh'OtCe decree
which may be entered bet....een the parties. However, this agreement shall not merge in any sucb decree,
but sball Sllt\ive any decree and remain btndmi and COIlCIUSlve on busband and .ife for all time.
29 NON-WAIVER OF DEF AUL T: The falllll'C of busband or wife to insist OIl Slrict perlOrmance of I8Y
term of this agreement sball m no way effect the rigllt of any party to enf~ this agreement.
30. SUBSTANTIAl BREACH: The parties intend thai even If a COIlIt of competent Jurisdiction shoWd
determine thai a SlIbs1l1ntial breach of this agreement .-ouId justify reSCIssion. nulltllcation.. or voidiAt of
lite etlIin! aereemeDt. tb.iJ 3C'ftRICnt sball remain m &11 force and effect Rlehll and remedm of
rescissioft. IIUlltflcabotI, and voidinJ this ~ are elptessly and mver "'ahed by busband and
W1fe
31. ElotTORctMINT H\I$band IIId ",R lIllC1Id to mene IIId retain all "p" to tllforce this lVfeement
IIDdtI'lIte Ol>OfCe Code and otlltrAlse The _ccufW tIIfbrctr slIaIl be Cntltled to mmt!\.Ulh_4t for Ius
or Iter ktlIIl ~y ftes ... costs
n CHOICE Of LAWS T1lis IC!Uftklll sIlaII be _,prellr4 IakI' the laws of lite C__...... of
"'-''- n. pII1In IOl>ftld 1llaI_ III lite cv.,.. 1llaI_ ," ~. of Illorft\ _ a- ~lv.l.I
tlw IllfWlliIlM sIlaII be ......I'..~-.d IakI' dte Ia... of ~h'" 1ft"'" of..tletlwt lite _
...,._ <OlI!IIwt 1(4.....__ P'XNltn. td......,ftlW1lI <<' ...1dl~ All -5....... ~"""
1>.1"". U J and ..... lIbaIl ... cL,.iur;,,4 III dw C"",,", cf C__ f1ru of Ym C......
I"~'
.'
Pennsylvania. Husband and wife hereby submit to the jurisdiction of the Cowt of Common Pleas of
York County. and waive jurisdiction in every other forum. for PIIJlKlSCS of any and all Iitigalion
concerning divorce as well as any issue addressed in this agreement.
33. BINDING COl'ITRACT: The rights and obligations of the patties under this agreement shall be forever
binding on, and sball forever inure to the benefit of. the parties and their respective bem. personal
rcprcscnl3lives, ts1alCS. successors and assigns.
34. PROVISIONS NON-MODIFIABLE BY ANY COURT: The parties intend lhaI all tcnns of this
agreement shall never be modified by any cowt.
3S. SEVERABlLfTY OF TER.'I.1S: 10 the event lhaI any term of this agreement is determined by a coun of
compelellt jurisdiction to be in\'alid Of UDCDforceable. then only that term sball be stricken ftom this
agrcement. 10 all ocber rnpeeu. this 3ifCCD1Cnt shall COIItmue in full force and binding effect.
36. INTENT OF THE PARTIES REGARDING SPOUSAL SlJPPORT, ALIMONY PENDENTE UTE,
ALIMOt.'Y, COUNSEL FEES A."ID EXPENSES. AND W AlVERS THEREOf: Husband aud wife acree
1IW the terms concerning spousa1 suppon. alunoay peDdule lite. alimony. COlIlISeI fen and Cl~
and ,,'ai\"CTS tbcrcof. arc appropnalC ,.itb due consideration gtvCtl to the following factcn: rclalive
eaminp aud caminll capaciues of the partics; ages and physical. mCDlal and cmOllOllal CODdil1OllS of the
pames; SOlIl'CCS of ilIcome of both partics. including but DOl lunlted to medical. rctllemcDl. ilIIWIIICe Of
ocber bcDelllS; 1hc cspeClallCin and iDllcril3DCCS of 1hc puties; 1he dunboo of 1he 1IIlIllUIt; 1he
COIItributioa by one pcty to tbe cducatioa. trailIin& or inmued eartIIIlI power of the other ,.".; die
Cl_ to wllicb die anutII flO"'"C1. CJlpeDSC1 or IIaancial obhpliotls of a pcty win be affected by _
of senillc Ii ClISIOdiaa of a mlJlOf clllld. tile staDdard of lh"mg of tile partIeS nIallltslwd duriDc die
~, tlIe Itlan>.. educal_ of tlIe (lIIlies aDd tlIe 111M necewry to ICqlIft IllftklCllt cducil108 ill
In1DiIllIO euble lIIe party Sftklllt all1llOllY to find ~"'''l''iaIe ~; \he Itlatt>.. _ aDd
bablhues of tflt pames; die JlCOfICI') brOlIf!lt iIdo die lllIINJt by Cldlcr pIlty; die c_1b.obo& of .
.- Ii a \lonIeIIIaker; tile Itlatt>c needs of tlle f*'>C'l, tile NI1taI "'~ of Ctdwf pcty ..- to
~ 1M rMN~ of tlle .....,. ...lwtIIcr tflt ,.". ~ w-y lads IlaIIIaelIt P'Cor")
III ..,.... b rc~ DHdl. ..tlrther \he J'll"Y IS llt('1pIlNt of w1f.~ lIlfOIlIll ~......
calf'kl,.--tlt
,...
.-
nus AGREEMENT, CONSISTING OF TEN PAGES (EXCLUDING ACKNOWLEDGEMENTS) IS A
BINDING AND ENFORCEABLE AGREEMENT WHEN SIGNED BY YONG HWAN SOL AND JEAN YONG
SOL.
Signed~~of ~~ .199-"by:
~-tA.~--' ~A.~~ .JJ~ -- t1 .J!(
\\itDess Y~~
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Signed ~ day of d.J-Lr n - /' . 199'-. by:
~~/A..~'-
willlCSS
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JEAN YONG SOL, I IN TH! COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I 'J I 34- ( ,(
v. : NO. of 1996 - , I (tl i.
I
I CIVIL ACTION
YONG DAN SOL, I
Defen4ant . IN DIVORCE
.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend aqainst
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of lllarriage counselors is available in the
Office of the Prothonotary, Dauphin County Courthouse, HarriSburg,
PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUUlENT IS CRANTED,
YOU HAY LOSE THE RIGHT TO CLAIM ANY or THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR TELEPHONE THE
OFFICE SE'l: tJRTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
One Courthouse Square
4th Floor
Carlisle, PA 17013
(717) 240-6200
JEAN YONG SOL, I IN THE COURT OJ' COMKON PLEAS
Plaintiff I CtJKIl!RLAHD COUNTY, PBNNSYLVANIA
I
v. I NO. of 1'"
I
I CIVIL ACTION
YONG DAN SOL, I
Defen4ant I IN DIVORCB
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas delllandas expuestas en las paqinas siquientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notif1cacion. Usted debe presentar una apar1encia
escr1ta 0 en persona 0 por aboqado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones a laB demandas en contra de
su persona. Sea avisado que si usted no se defiende, la sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la pet1cion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos 111lportantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMNEDIATAMENTE. SI NO TIENE
ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFCNO A LA OFICINA CUYA DlRECClON SE
ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSlSTENClA LEGAL.
CUHBERLAND COUNTY LAWYER REFERRAL SERVICE
One Courthous. Square
4th Floor
carlisle, PA 17013
(717) 240-6200
JEAN YONG SOL, I IN THE COURT OF COMKON PLEAS
Plaintiff I CUMBERLAND COUNTY,.. PENNSYLVANIA
. 'it. SI 3'/ (',.,~( I,."
.
v. I NO. of UU
I
I CIVIL ACTION
YONG PAN SOL, I
Defendant I IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Jean Yonq Sol, who currently resides at 414
Cherokee Drive, Mechanicsburg, CUmberland County, Pennsylvania.
2. Defendant is Yong Hwan sol, who currently resides at 414
Cherokee Drive, Mechanicsburg, CUmberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Complaint.
4. plaintiff and Defendant were married on April 25, 1977 in
Korea.
5. Defendant improperly filed a prior action for divorce in
York County on May 9, 1996. Acceptance of Servlce by Plaintiff vas
fraudulently induced in said actlon. Pursuant to Rule 1920.2 of
the Pennsylvania Rules of Civl1 Procedure York County is not the
proper venue for the divorce act10n because the parties do not
reside in York COunty, Plaintiff has not agreed that the action be
brought in York County and Plaintiff has not partlcipated in the
prOCeedings in York County.
On or about September 1), 1996
Plalntiff flIed Prell.lnary Objections to the York county action,
, ; ,,(_tal \tW1Ai'
JEAN YONG SOL, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. of 1996
I
I CIVIL ACTION
YONG DAN SOL, I
Defen4ant I IN DIVORCE
CERTIPICATE OF S!RVICE
I, Helene Eichenwald Loux., Esquire, hereby certify that on
september~, 1996, a copy of the foregoing Complaint was served
upon Defendant by depositing a copy of the same in the U.S. mail,
certified, return receipt requested and addressed as follows:
Yong Hwan Sol
414 Cherokee Drive
Mechanicsburq, PA 17055
Yonq Hwan Sol
C/O Ceorge Beauty Supply
207 South Ceorge Street
York, PA 17403
Date: Sept8lllber 13, 1996
l".~ r~ ,,~.U ~&,...
Helene Eichenwald Loux, Esquire
I: 'UII\IIGI\II.'ll ~."
JEAN YONG SOL, I IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
I
.' V. I CIVIL ACTION - LAW
I
! I
,
YONG HWAN SOL, I
Defendant I NO. 96-5134 CIVIL TERM
AND NON, thb
ORDBR OF COURT
\C)~ay of October, 1996,
upon con.ideration of
I
I
j
I
I
I
j
j
i
I
I
i
i
I
1
I
i
J
,
j
,
!
~
~
Defendant'8 Petition for Special Relief, and of Plaintiff'8 An8wer
to Petition for Special Relief with New Matter, and pur.uant to
penn.ylvania Rule of Civil Procedure 1920.6(b), the above-captioned
action i. STAYBD in thi. court pending further order of court.
BY THE COURT,
.
Luther B. Mil.paw, Jr., B.q.
130 State Street
P.O. Box 946
Sarri.bur9, PA 17108
Attorney for Plaintiff
DanD S. John., ..q.
Medford Profe..ional Center
2200 South George Street
York, PA 17403-4594
Attorney for Defendant
~L..( /0/1'/.1.'
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__~;.n
JEAN YONG SOL, : IN THE COURT OF COMMON PLEAS
plaintiff/Respon4ent I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. . NO. 5134 of 199'
.
:
. CIVIL ACTION
.
YONG DAN SOL, I
D8f8n4ant/Petitioner I IN DIVORCE
AMEND!D ANSWER TO PETITION FOR SPECIAL RELIEF WITH NEW MATTER
IS. paragraphs 1-17 of the Answer to Petition for Special
Relief with New Matter are incorporated herein by reference as if
set forth again in full.
19. Cumberland county is the proper venue for this divorce
action. "Venue in [divorce) actions is prescribed by Rule of civil
Procedure 1920.2."
Pa.R.C.P. 1920.91 note. Rule 1920.2 states:
(a) The action, except a claim for custody, may be
brought only in the county
(1) in which the plaintiff or the defendant resides, or
(2) upon which the parties have agreed
(i) in a writing which shall be attached to the
complaint, or
(ii) by participating in the proceeding.
(b) The record 8hall establish compliance with the venue
requirelllent of subdivision (a) prior to the
entry of the decree.
(c) Notwithstanding any agreement of the parties, if
neither the plaintiff nor the defendant has resided in
the county at any time during the pendency of the action,
the court, upon its own motion and for its own
convenience, may transfer the action to the appropriate
court of any other county where the action originally
could have been brought.
20. Both Plaintiff and Defendant reside in CUlllberland County,
Plaintiff has not allned that the divorce action be brought in York
County and Plaintlff has not participated in the proceedlnga in
York County,
, ,\1."--"""""..-
JEAN YONG SOL, I IN THE COURT 01' COMKON PLEAS
plaintiff/Re.poncSent . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. I NO. 513. of 1'"
:
. CIVIL ACTION
.
YONG DAN SOL, I
DefencSant/Petition8r I IN DIVORCB
CBRTIFICATB OF SERVICB
I, Luther E. Milspaw, Jr., Esquire, hereby certify that on
October 18, 1996, a copy of the foregoing document was served upon
Defendant/Petitioner by hand delivery, properly addressed as
follow.:
Date:
Iqll~/i0
BY:
Lu
r., Eaqulre
"...~'"tl'.....
,
MILSPAW & BESHORE
ATTORNEYS A T LAW
130 ITA", STIlEET
P.O. lOX 541
HARRISllURO. I'tNNIYLVANIA 17101
lUTlllR E. M1LSPAW. ....
MARVlN IIUHOAE
NEIL A. GROVER
_ACOOE 111
2>>0711
FAX: 2>>0711
HELINE EICHENWALD lOUX
February 11, 1997
Honorable J. Wesley Oler, Jr.
cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, PA 17013
In re:
Jean Yong Sol v. Yon9 Hwan Sol
1175-SUPPORT-96
Dear Judqe Oler:
Enclosed are copies of the depositions filed in the above
referenced aatter. The copies of the depositions filed on January
9, 1997 are in the docket file. Anne-Marie "otto, the conference
officer, stated that they .ust reaain in the docket file.
Consequently, we are providing you with additional copies of the
depositions.
Thank you for your attention to this .atter.
Very truly yours,
IItL..U , nnou f) (
\"!>\ ~f:~. ~~~ tiJ
'hlene EichenVald Lowr
Enclotlure
ee: o.nn John., hquire
Jean YOlWJ 801
~~~TVT"~'"*
t~~Y
.
JEAN YONG SOL,
PLAINTIFF
.
.
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
.
.
.
.
V
.
.
YONG BWAN SOL,
DEFENDANT
I NO. 117S-SUPPORT-96
.
.
.
.
DEPOSITION OFI DANN JOHNS, ESQUIRE
TAKEN BY: PLAINTIFF
BEFORE : DONNA E. RICHARDS, RPR
NOTARY PUBLIC
DATE : ~ 22, 1996, 9:00 A.M.
I
PLACE : MILSPAW , BESBORE
130 STAT! S'l'RBI'l'
IIAlUUSBURG, P!HItSYLVARIA
APP!ARANCBS:
MILSPAW , BESHORE
BY: LOTan E. MILSPAW, ESQUIRE
FOR - PLAINTI rr
DANN JOBllS, !SQUIll!
FOR - DU'DJDAN'l'
21 ALSO PRlSINTI
22 BELDE LOQX
~IM LAMlI1t'l', INTD PIlI'1'U
23 .:rIM .-IIIUD, INTDPIlI'1'U
JEAN 'rOIIG SOL
24 TONG IIVAIf SOL
25
H.fta.~.1TlhirJl*lt ~~ ~1c.
.., "";f~."E"'. .......110. )"',c.,~ oJ, dc,c,
.......~ ...~:l:~u 'u "".~1:..,. l~"" "'t'Jlt,~\,~,
111
<I
1 later.
2 And we have yet to effect service of a subpoena
3 on the present or former employee of Mr. Johns. Patricia
4 McElwain. So we are here for that purpose. Mr. Johns,
5 did! correctly state that?
6
MR. JOHNS: Yes.
7
MR. MILSPAW: Present today we have me. Luther
8 Milspaw, as attorney for Mrs. Sol, as well as Helene Loux,
9 an associate in my office. an attorney on her behalf,
10 Mrs, Sol is present, as well as Kim Lambert,
11 who was asked to be present by me in order to interpret
12 for either Mr. Sol or Mrs. Sol or both, because they are
13 both of Korean nationality,
14 Mr. Sol is present in addition to Mr. Johns,
15 and we have a third individual brought by Mr. Johns for
16 purposes of interpretation. Would you please introduce
17 yourself fcr the record?
MS. REHEARD: My name is lim, Y-!-M. Reheard.
19 R-E.H.E-A-R.O.
20
~,
....
22
:1
:.
'"
.
. .
MR. M::.sP;'W, And :-tn. Reheard. what i. your
address,
MS. il.EHlAAD: My address?
MR. M::-SPA.N~ t::'!l. h.U~L
~.$. IlL"lLU:: : ...,-<Ilo ~crri. Read.
."
\II; ~::..s;;,."'~ .. . ~ . . .~...
.. .. .- !"" . ~. ~ .
19
::>
1
MS. REHEARD: Yes, sir. It's Airville.
MR. MILSPAW: A-I-R-V-I-L-L-E?
MS. REHEARD: Yes, sir
MR. MILSPAW: Is that in York County?
MS. REHEARD: It's York County.
MR. MILSPAW: What's the zip code?
MS, REHEARD: 17392.
MR. MILSPAW: And your telephone number?
MS. REHEARD : 862-3176.
MR. MILSPAW: Okay. The first deposition I'd
like to take this morning is that of Mr. Johns.
2
3
4
S
6
7
8
9
10
11
12 DANN JOHNS. called as a witness, being duly
13 sworn. testified as follows:
14
MR. JOHNS: I imagine we should have a
lS stipulation on the record as to objections. I notice that
16 your depolltion notice indicates that this may be used for
17 trial. And therefore, ! would request that all objections
II be raised at this time.
MR. MILSPAW: I have no problem with that.
2Q OlUe:' iXAM!NA'l'!CN
:1 BY MR. M!LS~AW:
22
"
'"
Would you 11~. the cpporeunlty to read and
U slgn?
:.
."
A.
I 1O!'Ould
.
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1 business address. please?
2
A
Dann Stuart, S-T-U-A-R-T, Johns, J-O-H-N-S.
3 Business address, 2200 South George Street, York,
4 Pennsylvania, 17403.
5
6
7
8
9
10
II
12
13
14
Q
Now, are you an attorney admitted to practice
in Pennsylvania?
A I am.
Q What is your admission number?
A 52681.
Q When were you so admitted?
A Approximately November or December. 1988.
Q Did there come a time when you were asked by
:otr . Sol to represent him with regard to certain matters?
A
I'm going to claim the attorney-client
15 privilege as ~o all questions dealing with my
15 representat:~n of Mr. Sol which are not part of these
17 proceedings.
18
Q
Well. in cor~ect:on with the claim of the
19 attorney-client privilege. you first have to establish
:0 that ~here was an at~orney-c:l.nt relationship.
21 : don't be:leve the pr:vllege extends ~o a
22 question as ~o whether or not l~u were. in fact. his
n ilnornel'?
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"
.
:: :"::w : ", ,\ .. ~- <!' .. j:: ~ ~,:. 5 '-:. '. ~ .1:- ~ ~ ~ '
7
1
A
I think it's a matter of record that I'm
2 representing Mr. Sol in these proceedings. And I am, in
3 fact, his attorney.
4
0 And is that your testimony this morning?
A Yes, it is.
0 And when did you first become his attorney?
A Approximately January or February of 1996,
0 In connection with the representation of Mr.
5
6
7
8
9 Sol. did you have occasion to draft a document which I
10 will show to you at this time? It is, in fact, an exhibit
11 to a document which you filed in CUmberland County.
12 Forgive me whi:e I file through my papers here for but a
13 moment.
14
A
I can stipulate that I drafted the agreement in
15 questicn.
16
o
Okay. And that is an agreement that you
17 attached to preliminary objections to the complaint in
18 support in this preceeding?
19
20
A
Correct..
).Ill.. :-l:tS?AW,
.I~~
, .-
shew you what we will mark
~l as :epcs:::~n ~xh~bl: No.:, What: w~ll :0 is ~umber all
2~ of t~e eL~:bl:S in :his ma~:e= In order rather than relate
~3 :hem s~ecl:l:~::Y :~ cne ~e~Qnent. S~ tnls W~:: be
:. ?lai.nt:.~~'s :)t!~cs:':lcn ExhlClt No. :.
;~~. ,l-';~~~~o!:"'."'; ',It:l$ :;::-:d,....-:-,,'j 1:":.'1 ~.J.:-"-t<!:: .is
11
?
1
Q
When was this agreement executed?
2
A
May I see the exhibit? Based on the signatures
3
on page 10, it was signed on February 22, 1996.
0 Were you present when it was signed?
A No, I was not.
0 Were you in the office when it was signed?
A I believe I was. My recollection is that on
4
5
6
7
8 the morning of February 22nd I arrived at the office. And
9 I walked through my front office, and the parties were
10 there at the time.
I was busy with another matter. I was
12 anticipating some clients in another matter, and I walked
13 through the room.
14
lS
16
17
18
19
20
Q Did you meet Mrs. Sol at that time?
A No, ~ did not.
..
Q Did you introduce yourself?
A No, ~ did not.
..
Q Did you speak with her at all?
A No, ~ did not.
..
0 Then pu::ports t::l be signat::ures to the
21 wltnesaes t~ :he i~i~~:ure ~f beth Mrs. Sol and Mr. Sol
:2 and r&trlcia L, Mc~lwaln. ~~: pronounclng he: name
=3 cor:'tct.:"y:
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1 But it does not pertain to communications
2 between you and your staff regarding matters that would
3 not involve communications that your client had.
4 And I'm not asking you any questions regarding
5 communications that were made by your client to you or by
6 your client to your secretary or paralegal. I'm asking
7 about conversations that you had with her about the
8 circumstances surrounding the execution of this agreement.
9 So I ask you to reconsider that.
10 A Well, I understand your question, and I
11 acknowledge your position on this. But I will assert the
12 privilege in response to that question.
13 Q Okay. You understand that if it's necessary
14 for me to file a motion to compel yeu to answer that, and
15 the order is eventually entered compelling you to answer
16 that question or similar questions, that you will bear the
17 cost of all the fees and costs asscciated with me
18 obtaining that order?
19 A I understand that you can ask for those.
20 Whether they be qranted cr not, :'m not so sure of that.
21 But: unde~st&~d your pcsl:iO~.
22
Q
Vas Mr.. Mcilw&ln pre..no:: when ~r. and Mrs.
21 Sel .19n.o o::nl. a9ree~ent?
:t
.\
: den':: <new ~sed en :It)' own p1trsenal
. .
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18
,
.
A Correct.
0 And is it like a . - how would you describe it.
the area between the reception area and the staff area?
A I'd say you accurately described it.
0 And where was Mrs. Sol when you went through
the room, the reception area?
2
3
4
5
6
7
A
She was sitting on the couch in the reception
8 area.
~
Q
And who else was present at that time when you
10 walked through?
II
A
Mr. Sol was present. He was standing in the
12 hall way which leads from the reception room to my office.
13
Q
And who else was present?
14
A
My recollection is that Patricia Kerrick was
15 present. because her -- her office is t~e first room
16 adjacent to the reception area.
17 My recollectlon is Patricia McElwain was
18 present. a:though ! do not recall where she was relative
19 to the Sols.
20
~
Mr. Johns. do you spea~ Korean?
a
A
~o, r do not.
22
~o you ~ncw whether ?atriclA McElwain .pea~.
c
;:l KoreAn?
:t
A
. ~av! r.o kr.~wled1e w~ether she speaks KoreAn
:~ :::t
.
.
Q
Have you ever heard her engage in any
2 conversation with any of your Korean clients. including
3 Mr. Sol. in Korean?
4
A
That would be subject to the privilege.
What would be subject to the privilege? The
6 fact that she may have had a conversation? I didn't ask
5
Q
7 you about the substance of the conversation.
8 I'm asking you whether you've ever heard her
9 converse with your client or any other Korean in Korean?
11
12
13
14
A
Korean.
Q
A
Korean.
Q
Korean?
A
Q
for it to
How about Miss Kerrick? Does she speak Korean?
I have no knowledge of whether she speaks
Have you ever heard her converse with anyone in
20 agreement be:ween Hz. and Mrs. Sol when you drafted it?
~:
15
16
A
~2 privilege.
~l
Q
:'m go~nq t~ assert the attorney-client
: d~dn't ask yell. about any commun~cat~cns that
=~ y::u had >I~::: ~r Sol. :'~ 3s!r;lnq IoIhn yeur :.ntentions
~~~! ~~ i:'l~:;~~
... ,
21
1 indicated to you that Mrs. Sol acknowledged that she had a
2 full and fair opportunity to obtain independent legal
3 advice concerning the Pennsylvania Divorce Code or her
4 other legal rights?
5 A No.
6 Q Has anyone other than your client ever
7 indicated to you that Mrs. Sol acknowledged that she had a
8 full and fair opportunity to obtain counsel of her own
9 selection?
10 A No.
11 Q Third sentence of this paragraph indicates that
12 the wife has chosen to represent herself in the
13 negotiaticn and signing of this agreement.
14 Has anyone other than your client ever
15 indicated to you that Mrs. Sol chose to represent herself
16 in negotiation of signing of this agreement?
17
A Yes.
Q And who was that?
A Mrs. Sol by signing the agreement.
Q Mrs. Sol by .lqning the agreement indicated
thu to yeu?
18
19
20
a
22
A
Her signature on that do~ment indicates to me
23 that she had an cpportunlty t~ study tn.: dccument and
~~ :~c... t~ li1~ i~
.
::~~[ :~~~ ~~~ -~~~ ~~:: ~~~: ~~: i~;~At~~~
29
1 question. The rule speaks for itself.
2 Q Are you familiar with that rule?
3 A I -- I acknowledge that that rule does exist.
4 Q Are you aware that Rule 402-A provides that
5 original process. or in this case since it's a manner
6 prescribed by Rule 402-A, a duly issued subpoena may be
7 served by handing a copy at any office or usual place of
8 business of the Defendant to his agent or to the person
9 for the time being in charge thereof?
10
A
I think that rule speaks for itself as well.
11
Q
Did you ever direct Brandy not to accept
12 service of any subpoenas directed to Patricia McElwain at
13 your office?
14
A
No. I did not.
lS
Q
Are you aware whether Patricia McElwain ever
15 directed Brandy not to accept service of the subpoena on
17 her at your office?
18
A
I'm not aware of that.
19
Q
Old you ever discusS with Patricia McElwain
20 wh.ether or not she should accept service of . subpoena
21 directed to her at your office?
....,
...
A
I had dlScuss10ns w1th my emplo~.s regarding
:1 ..~J.C. of t~os. ~lnd o! doc~~n~.. yes.
J4
:M
...
And what wer. thos_ d1scus.lo~s1
....
- ~
~
:~ .~~~ ~:~~~~-~
3C
1
"
"
In the context of the service of subpoenas in
2 this case?
I indicated to them that if they were served
3
A
4 with a copy of a subpoena in person. that they should
S comply.
6
Q
what other discussions did you have?
7
A
I don't recall having any other discussions
B with them regarding the subpoenas.
9
Q
Did you have any discussion with either of them
10 about accepting or not accepting certified mail from this
11 office?
I did indicate to Brandy that certified mail
12
A
13 service of a subpoena would not be acceptable.
l4
Q
And what was the basis for that?
lS
A
The basis for that was my opinion that a
16 subpoena cannot be properly served in that manner.
17 parti~~larly when the proceedings are scheduled for the
18 very next day or very few days after that inquiry.
19
Q
Those are independent questionS. aren't they.
20 whether they could be served and whether or not service
21 was ln t~me sufficient elme for the deposition?
:: A :'m net going to ar;ue semanticS with you. Mr
:3 Ml~.paw. t.~ ~ust te~:~ng yeu that in my op1n~on
:4 ~.r~.fl~d mail serf.:. of a .~bp04na 18 not approprlate
.~
,..
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.
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36
1 ,h' fat' that 1 b.1i.V' that th' information that you'r'
, art..ptin. to .litit infrin." upon tho attorn.y.tli.nt
0\
5 knOW what information 1'. att..ptin. to .litit. 1'. fir.'
6 aeeempeing eo deeermine solely wheeher you have a
UnlesS you're able to read my mind. yOU don't
3 privilege.
Q
7 attOrney-client privilege with any member of Mr. sol'S
8 family other ehan Mr. so11
I ehink I've answered that question.
No. you haven't. You refused to answer ie,
9
A
10
11 That'a the point. If you have no auch r.'ationahiP. then
Q
12 there's no ae~orney-client privilege to raise,
13 If you do have such a relatiOnship. you mu8t
l' 'irat ..tabli.h it hy inditating that you do have .uth a
15 cliene. and you're assereing the privilege as eo ehat
17
18 a maeeer of record. enae I represene Mr. sol in ehese
Sir. I believe I've indicaeed. and I ehink ie'S
16 cHene'?
A
19 proceedings. And on ehat basis. I'm assertin9 ehe
20
. .,
prlv...ege.
Ycu agree wleh ~, Mr. canns. ehae if you had
21
" any "...nltatitna prlor to fabruarY " abOUt any other
Q
2) ~ndlV.dua~ other ~n~~ ~r ~~. wh.~h.r Qr nee he'S a
24 ~~.r ~f his f'~l:Y' r.~srilng th.'. ~att.rs. thOS.
" _>,,,,, ""' ",. "","',' ,\ w' '''"' :.,. 'to, ..to .<,,,,
37
,
.
to those ' .- ~ ?
ccmmunlca..ons.
A Is that a question?
Q Yes.
A I don't understand your question.
Q Do you agree that the privilege does not extend
to communications with non-clients?
2
3
4
5
6
7
A
I disagree.
8
Q
Are you asserting only the attorney-client
9 privilege. or are you asserting a work product privilege?
10 Or are you asserting an attorney investigation privilege?
11
A
I'm asserting essentially all of the privileges
12 which relate to my representation of Mr. Sol. effective
13 representation of Mr. Sol.
14 If your question is, did I involve a
lS interpreter in my conversations with Mr. Sol, the answer
16 to that is yes.
17
Q
Okay. ~et me ask that question then. Who was
18 that interpreter?
19
20
21
22
A
I believe it was Mr. Sol's sister.
Q
~~d what is her name?
A
: de net recall.
Q
Would yeu ask Mrs. Sel what his sister's name
23 is?
24
, -
- .
A
Mrs. Sol has net eeen $WOrn in.
:'-':;: ;~::'E?\:~. ::. ~ '.:f: ~~~ r~e':rj.
1 (Discussion held off the record,)
2 BY MR. MILSPAW:
3 Q Mr. Johns, off the record my client has
4 indicated that your client, Mr. Sol, has four sisters,
5 only one of which resides in this area. And her name
6 apparently is Yong, Y-O-N-G, Hui, H-U-I, Kwon, K-W-O-N,
7 Was that the 1ndividual who acted as an
B interpreter in your conversations with Mr, Sol?
9 A I honestly do not remember her name.
10 Q And was she present as an interpreter at your
11 request or at Mr. Sol's request?
12 A I do not recall,
13 Q Did she meet and interpret for you prior to
14 February 22 of 1996?
15 A! believe she did.
16 Q Cn how many occasions did she meet with you and
17 Hr, Sol for purposes of interpretation?
18 A I'm going to assert the attorney-client
19 privilege relative to that question.
20 Q! believe we've already waived the privilege as
21 to that incllnation by saying that she met with you at
22 leas: once prier to Februa~ 22,
23
~~W I'm :us: lnterested 10 the ~umber. I den't
24 thl~k a privi:.~e appl~e..
:~
,\
: j~$-';!~~ ":.":.1: :.:' s C'!'!!": 'IIl-31.'~i
':-;~~:". ,:.a!"
40
1 This is an absolutely rid1culous exercise. and
2 I think that sanctions would be appropriate for you and
3 your office and your client. I am not going to answer
4 questions that I feel are privileged.
5 If you want to create a record and have the
6 judge ru~e on discovery issues. that's fine. I think I've
7 provided the records so that he may do that.
S Now, either move on or I'm going to sit here
9 and assert that privilege until I'm blue in the face,
10 0 Are you done with your objection?
11 A r'm done with my objection.
12 0 And you're not going to answer any further
13 questions I might ask you about the number of times that
14 Mr. Sol's sister was present other than the time you've
15 already testified to prior to February 22?
16
A
You can ask them. but I'm going to assert the
17 privilege.
1S
o
Other than Mr. Sol's sister, was there ever
19 anyone else present at any meetings that you conducted
20 with Mr. Sol prior to Februarl 227
21 MR. SOL: Excuse me. This is none of your
22 business. Excuse me. 7his 19 none of your bUSlnesa.
23
MR. MILS?AW, Keep f~ur cllent under centrol.
=.
~. :Ch~S: ~r. Sol. jus~ :~t ~ answer th~
:5
~~';'1f3: :. :t.
i':.~:'':':::,.:'':'1''; : :.~~
12
43
1
Q You were not present at the time?
A I was not present at that time.
Q However. you may have been in the office?
A I probably was in the office at that time.
Q Other than the two individuals whose signatures
2
3
4
5
6 appear on here. Patricia Kerrick and Patricia McElwain,
7 did you have any other employees at that time?
8
A
No, I did not.
9
Q
So it had to be one of those two that indicated
10 that to you?
11
A
Correct.
MR. MILSPAW: Okay. I have no further
13 questions at this time, 00 you desire to ask your8elf any
14 questions or make any statement?
15
MR. JOHNS: I want to make a note on the record
16 that it's approximately 10:00. The deposition began at
17 approximately 9:00.
18 ! was served with the subpoena on Monday at the
19 Oomestic Relations Office conference. That'8 all I have.
20
~.
.....
22
23
24
,~
...
(Whereupon. the dep08ition was concluded at
10:00 a.m.l
44
1 COUNTY OF DAUPHIN
55
2 COMMONWEALTH OF PENNSYLVANIA
3 I. Donna E. Richards. a Notary public,
4 authorized to administer oaths within and for the
5 commonwealth of pennsylvania. do hereby certify that the
6 foregoing is the testimony of Dann Johns. Esquire,
7 I further certify that before the taking of
8 said deposition. the witness was duly sworn; that the
9 questions and answers were taken down stenographically by
10 the said Reporter-Notary Public. and afterwards reduced to
11 typewriting under the direction of the said Reporter.
12 I further certify that the said deposition
13 was taken at the time and place specified in the caption
14 sheet hereof.
lS
or employee or attorney or counsel to any of the parties.
I further certify that I am not a relative
16
or a relative or employee of such attorney or counsel. or
financially interested directly or indirectly in this
17
1.8
action.
I further certify that the said deposition
constituteS a true record of the testilllOny given by the
1.9
20
a
said witness.
!N wrrm:ss WUiOr. I have hereunto set lilY
,..
....
:H
hand -:.l'\i.8 ~th day o.f....oecemb<<r. 1.9". .^ "-
t\ .....,' ~ . ~~. . f l' 1\
_.1" ,. .... '0,"'-" .,. '... \,-~
"",:.' .' , _ ,. ,..... . . - . ........
I '.,__.----.....- ocr,:::" E. lli.d',UdS, RPR
, N~t.ry p~bli.C
~l
;5
~
4. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY: Husblll1d forever 3Ild
absolulely waives lII1Y and all righllll1d claim 10 receive spousal suppan, :lIimony pendente lile, alimony,
iIlsurance coverage and financial suppan whatsoever avail3ble UDdel the laws of Pennsylvania lII1d any
olber jurisdiction, excepl :IS otberwise S1aled in rhis agreement. Wife forever and absolulely waives 3DY
and all right and claim 10 receive spousal suppan, alimony pendente lile, alimony, insur:tllce cover:lge
and ll.oarrcial suppan whatsoever available under rhe laws of Pennsylvania and any otber jurisdiCtion,
excepl as otherwise swed in tbis agreement.
5. COUNSEL FEES. AND COSTS AND EXPENSES OF LmGATION: Husband and wife waive Ibe rillht
10 receive any payment ftom the olher for counsel fees, and costs and expenses of litiption. except as
otherwise pnlvided in this apeement.
6. INVENTORY AND APPRAISAL OF PROPERTY: Husband and wife waive their ricbllO oblaiD or
compel any inventory and appraiJaI of plopury. mariral and non-manral. Husband and wife waive their
riprs 10 dispute the values of assers listed in lhis agreement.
7. MOTOR veHICLES: Husband sball receive and retain exclusive possessioa and ownmbip vis-a-vis
wife of the 1995 Mercedes Ben% (sripuIated pass vall1C of ftxry fbooound dollarsl. 1995 Honda
(SItJlU!ared ifOSS vall1C of nme tbousand dollars), and 1991 Gl\olC (S1lpu1ated pass value of tOur lhousand
dollars). Wife forever amps, convey1 and ltaIISl'en 10 busband all n&hl, I1de and uuereSlm SllCh motor
vehicles. Wife shall ~jve and ItWII exclUSIve possession and ownenllip .1S-a....S busband of the 1993
ToyoQ (StI~ VOSS v:llve of twenty-tOur rhou&and dollars.. Husband fure_ wips, conveys and
ltaIISfen 10 wife all ripl. tille and iJllemr 1ft such motor velucle. Wife shall appe3I' at ~ Iocatioas
wilbiD Pellnsylvania selec1ed by busblnd. 10 0-' acknowledce and deliver all documaIrs and lhincs
Decessary 10 rrusfer ntle and relllslrallOll of such motor velucles as set fonII above AI tlIe nme dial this
apemelIl is sipd. busband IlId WIfe shall \tether all keys IlId xcessones for the allovemeatroIle
motor velucles 10 tlIerr IIItetlded OWlleI' ~f
. MO:-.-eY.",CCOt"1'o.S Hl!Sb:Iad ~ WIfe ad.IW..Ied~ m.t UI_ of 3D 3l:l.WIIl ..... C~
B.3Ilk 1~\lftWe balance of SIX Ibll lIn.! .toIlaru Husband lIllIll metve e,c1llStvt "-mp and
coolTcl of r1us lCCQlIllI "s....." ..tte. W,fe ~_ ..anes all .. UtIe. _RoI JIkI .laam 10 rtm
XCOIIIII OIllertnse. HIISbaIt.I and wtfe ha.. jj,kIed 3&J .hsm~ m.tlt _tes 3&J _y .ICrowItS to
1"1C't ~
tbeir mutual satisfaction. Husblllld 3Ild wife forever waive 311 claims to all accounts 3Ild momes of the
otber.
9. CERnAC" TES OF DEPOSIT: Husb:lnd and wife acknowledae the existence of certifit:lle(s) of deposit
at Corestates Bank ill :he amount ofrweory thousand dollars. held for Maria N. Sol. Husband shall retain
possessioa aad conaol of this asset. Wife forever waives all rillbt, title, inlerest 3Ild claims 10 this asset.
inc1udilla use. possession. OWIIeBhtp aad conrrol.
10. STOCKS AND BONDS: HusbaDd aad wife acIatowledp !be exislellce of stocks audiOI' boads of the
Beistle CampallY. HusbalId shall receive exclusive ownmhip aad conaol vis-a-vti wife of forty
tbousaIld dollan of this stock. Wife fOrever waives all riallt.. title. ilIterest aad c1aun in husband's share.
Wife sbaII receive escl1lsive poAessiOll aad coaaol viS4-v\s husband of thirty thousaDd dollars of Bctstle
SIOCk. Husbaad fOrever waives all nebt.. title. interest and claim ill wife's share. In !be eveul of an
upward or dowuwanl clwIce ill !be value of this stock pnor to distnbuooo. husband shall receIVe four
seventlls of'dIe toW vaIuc IlId wife shall receive tbree sevenths dteRof.
11. T ANGrBLE PEASQNAL PROPERTI: Husband aad wife have divided and distnbuted all WlClble
pmonaI I""""rry to tllcit I'lllIftIai SMlSfac:tiaIl. Wife ackIIowled&es receipt of all .relllS of WlClble
penouI ploperry lID ..llIdl $be IS moiled. Husband shall receive aad maID all other ~bIe pel'SllDal
properry ~ver, lDcludillll MllOl limited to all taDClble penoual property located 31 ~l.l Cherokee
Dnve. ~ CUIIlberlaDd COUIIIy. PellllSylvanl& (stipulated lllOSS value of Sl.lteell thousand
dol1ars). Wife fOrever _p. conveys IIICl tr:IIISfm II) busbalId all npt, title 3IId iIIlerest III all _b
itemI of' lqllIle per.llIlIII property.
I:. INTANOl1lE PROPEIlTI Neitbet llUI\Iand _ willr shalIlqyc tbe richt Ollicelltll to 4iscusI. IIW.
nlIIf<< or ~ lay _. $IlII'Y. muuICfllIt. Itk_ ~. amace. YIIIto ~. toomd
recOf_ ~r. -.. lltofraI'!llJ. copyntht. lr.IIleftIark. ~. Iktut. .~ ot' ,... Of
.-. Of -- ~ ofdl.e odier.
I} at.;SlNUS HwNad _ ""ft ackIIow""" ~ ot' I MlIlN knowft >> -c-... 1k3IIfY s.."Iy'
lIa.... . I!'*lfIIl ~" ~ 1Il :01 ~ ~ SMwt. Y\lf\. '(1ft C'-Iy. .....yh...
t~ If"MI vlllwt ot' lbmt-it... _A.'.........I ~ IMII _.. and _ u~lldt..
e-","*, _, ...(l4 .......... W\llr ar.'......ul. ~ bul_ltmt!o!<lll) Ml-.:to:~
<I.lllOl\. ....__. "'_.."''''. .lIld ,,\~. .....!w Mwh' \\l~ -;MIl "''I _. .Jl~""~ ,,, '. .. "1>
"'1
UIIerfere wlIh lbe operation of tlus business. Wife sh:u1 nol use, disc:uss, It1IDSfer or dismbule :tIIY
information aboul oper:woo of this business wbaIsocver, includine bul 001 limiled to lr.Idc secrels,
CllStomer information, fiD3Dci:u infonnation. ta.t infonnatioa. employee inform:ulon, business
procedures. etc. Wife shall DOl ContlCt or commlllliC3le with lilY customer aDdIor employee of Ibis
business.
14. BUSINESS: Husband and wife aclalowledec oW1lCnhip of a business IaIoWII as 'Seven 4: Seven' haYlne
a priIIcipal busiDess locaIioo 119 West Markel Street, Yorlt. York COUIIty, PCIlIISylvania (SIlpuJalcd eross
value of sixty thousand dollan). Husband sball receive and retain exclusive ownmbip and possc:ssioa
vis-a-vis wife of Ibis bt'$iDess. iIlc1udine but DOl limited 10 all assets. ICCOIIIIIS. claims. income.
possession. and conll'Ol, of Ihe busilless. Wife sblll DOt eDler, disparaee, or iJllIIY way illterfere wilb Ihe
opcraticII of Ibis "'osiIIcss Wife shall DOt use, discttss, It'atlSfer or distribute any illfomwJoa aboul
opeI'IIioII of Ibis buslIIess wIlatsoever. iDcludine but DOt limited lID tnde secrets. ClISlOmer mformanoa.
ftaaDcial idxmaItoa. tax lIIlonrwIoa. employee illfornwion. busiDess procedures. ere. Wife shall DOt
ClllUaa or commllllicale wtth any ClISlOmer and/or employee of Ibis busiDess.
15. un INSU'R.ANCE: HIISbaDd ADd wife shall receivc and retain their respective life ituunace policia.
Wife tbrevcr wanes. telaMs. _ps. CODvey1ADd It1IDSfers to busband all npa. litle, iarcmI and claim
lID :tIIy aDd all life - poltaa-ltlclucliDc casIl value lhereof IIld beDefits therefrom- OD the Itfe of
moths"" HusbaDcI fbnver waives. teIeaIes. _pIS. convcY' and traasfen 10 WIfe all licht. lille. IDmest
and cl_ lID lilY and a1llif, lllSUnllC. policies-lIIC1udinl cash value thereof IIld benefilS tbetefrom. on
tile life of WIle.
16 AFTEIl.ACQc..1l!D PIlOPE1TY: All killds 0( proptny ICq1IlRd by III11tlaDd after tIIis ICJ'CCI_ II
Iipe4. eseep as otIler4_ stated 1ft tbis I.n~_, wbetber IalCtble. ~bIe. rut. ptmaaI or
1lI1lltd. JlIaI/ lltloac lID I"". ~ Wi~ _vcr waives all "lilt. "lie. illfema aDd cWm lID any IIIClI
~ ~.ll All klDds of ~ acqwttd by Wtfe We tIIis lIllfetmcDt IlI1ped. ueep as
~ -..t III tilts ""WlkDI. lOilctlIet IaIIClble. rut. ~ or mIxed. sIIaIl llcloftc 10 WIfe
!tIasllslnd ~ _'U all npr, 1ItIe. lIIm'tlI at claim to .111~ _II alll!r.~ plllClftty HGttand
- WIll! Ipft to t.UNe. x~... and 4t1l"" My ... aU ~ IWCCSIaI ~ to !:'~ eft\:n to tIu.
w1ll_ 0( ~,-,1IO ..-"'4'lIft4 ~I'l,
... .
17. REAL PROPERTY: Husband and wife acltllowledse ownerslllp of real property kDown as 01101 Cherokee
Drive, Mecballicsbura. CumberbDd Couoly, Penasylvania (sripuL:lled IfOss value of oDe bWldred sevenly
Ihousand dollus). HusbaDd shall have exclusive possessioo and quiel enjoyment vis.a.vis wife of sucb
real propeny. At rbe time she SIps lhis aareemeol, WIfe shall execulC, aclalowledae and deliver to
husband a &ood and sufllcieol special W3IT:IIlly deed eranliDs and conveyiolJ 10 husband all of her nlJlll.
tille. inlCrest and claim (ilIcludinS preseot and furure riSblS Wnll by virtue of man'iaae) ill such real
propeny. Husband and wife further aclmow1edae ownersbip of re:1I propeny known as 1601 Market
Srreet. Harrisbura. Dauphin Couoly. PenDS)'IYalIla (stipulaled lJlOSS value of forty-ftve tlrousaDd dollars).
At tire time she sips this aareemeol, wife shall execute, aclalowl~'I and deliver to husband a &ood and
SIIff1cietll speciaJ WIInIIty deed p:IIltillS and COftveyi.ns to busbaad all of her riCbl, olle, interest and
claim (iDcIlIdilIa pmetII and ftmue riplS arisin& by virlue of mart'iaae). Wife waivn all claims to fair
retltaI value. iDcome and profits from bodr of tbe abovementioaed real properties.
I I. DEBTS: RusbIad rtpresems dlat be has IIOl and will aot illc:llr Illy debt at obIipliolt lOr which wife may
become ItSplUlble. Husband qrees to iDdemJUI'y and hold wife barmless from Illy debt and obliptlOll
iacwred by bim. except iIS oclIerwlsc staled in this Aareemeot. Wife tCt'l~lIS dlat she hu IIOl and will
IIOl iDc:ur Illy debt at obliptlOll far which busbud may become I~ble. Wife qrees to indemDil'y
and hold.. '.. ~I barmless from any debt and obliptlOll incumd by her, except as Olbe~ SQted lD
this AjjRanetll. Husband iDtends to pay rbe foIlowll1C debts: Monpce 011 olio! Cherokee Dnve {tC'll
IbOUSIIld dolIIlSl; Mortpae 011 1601 ~et Stteet l!hiny.tlve rt><lo....... dollarsl; Lola 00 Mettelks
Bell% (Ibuty tIIousaS dollars); LOllI 011 Honda (the lbouU8d dollars); Poly CliDic IlospIW bill 1_
............. ftve IIImdnd dollars); DeataI btUs {two lbouU8d doIIanl; Lola 00 Oeorp Beaury Supply
(lIftcea........... doIIan); and Lola 011 Sevea.t Sevetlllbuty ,.......*"<1 dollars,
19 TA-'( 1l!1tllNS. HtISlIu4I11d WI_ II'" to lilt JOIIIIllICtlIIM tu _ for tu year 1995. Husband
IIId WIlt slIaII cooperue -1IIias XalIW tu -. and IllalIIip IIId olctivet all ~ cIocunItab
WIlllIa rweery-tbw (:4) ~ of a detuDd by tbe odler
:0 UUASt OF ALL MAJUT.4J. l1GKTS CLADolS ....,'0 08LIGA noNS H..... and "". ~Iy
IIld ~Iy "..... allbrtvet ~ acl odler and die nQIW of lIllr IJllltf "- .,. III
CLtaalI lllr d1.orct. ~ i1lIJ!IMt. *-y ptlllIr.lIIe ItW. .11_,. _e ""enct. .,I*o!
.a_~ i)/ IItlIntII llIef><ftt ... &..wmo. ~ ~ COIlS. ttf'llU". abceII_ Iilllokr !be
""!W~h3llU o.Nttt C..... JIId :a. collirr """1. d.JUlll. W .lflI<t........ .11\""1; !tI._ lllot !tl;VH,U
... ,
relationship, except as specifically resel'\'ed in tbis agreement. Neither husband nor wife shall have any
riibt, claim or obligation 10 the other 001 upressly set fonh U1lhis agreement.
21. RELEASE OF CLAIMS AGAINST THE ESTATE OF THE OTHER: Husbaad aad wife absolutely aad
unconditionally release and forever discluu1e e3Cb other. the heirs, pel$Oll3J represcnlalives. assigns.
propeny and estlle of !be other !Tom anyaad all riib". clauns and obligations aming out of the manu!
relationship illcludine. but not limited to: dower; curtesy; widow's and widowet's riibls; family
exemption or similar allowance; intestlle riib"; election apillst spouse's Will; ricbt to tre:Jl a lifetime
cOnveyaDCe as testamentary; aad all ocher riib" of a sumviai spouse to participate in ane'or reteioe any
&ift or benefit !Tom a deceased spouse's estIle ill any jurisdicnon. Husband and wife waioe any
appoinlmellt or right to serve as persona1 represenlaboe. ~ lI'Ustee. or amomey-in.f.Ict for the
Olbet, except as staled ill this ~enl.
22. GENERAL RELEASE OF CLAIMS AND COVENANT NOT TO PROSECUTE OR INlTTATE
LmGA TION: Except for the riibts and obliptions expmsly sured ill tbis acreement. MasbaDd and WIfe
lbnl_. abIolutely aad uocooditionally release aad discbarce exh oIber I'rom illY aDd all can.s of
action. claims. rip aDd obligarioas wtwsoever. FuntIer. IIusbaIld aDd wire acree not to plosel.llIe or
iIIitiare allY litiption. cml. cnmillal or otbetwIse, exCClllto enforce IIIe nib" aad obIiganons ClllIWIled
ill tbis acmmenz.
23. RESERVATION OF CLAIM FOR DIVORCE: Husband and Wife _the npl to tWm a no-faIlIl
divora apinst the oIber.
24. PO\1r~1lS OF A1TOR.'''Y. HusbaDd IIId WIre re'lOb all powm of __y .. dle oIber. 4lxtqll U
anted ia tbis Aemmellt. ~ aad WIfe sb&ll DOt ~.ema .y powtl' of _, If3Ill'Id by dle
odItr. tlctpl as m~ .. tbis a~etIt At the wa. silt SIps tbis 1IIftlMlIl. WIfe "lifts to necute.
acbowlcdce IIId deliver a ~ dInble powtl' >Jf lftCrMy _... ltusllutd IS kr _!'d\.fad
WiCt :ICI"S .,'IIt to revote Slldl power of ~
:, ADOmONAL 1NSi!lt.'MINTS Hwbed... WI. Ill.all, ___ ft:tty~ i4$) ~ ... ~...
1Iw \lCkr. exetillll, s.:bow~'" aad Jehvtf to 1Iw \ltIIer <It I1It .1\_11 of I1It oIber ""~ iIlW all !\or'Ikr
do>c_atlI aad ~ rut !II.tv r.. ~ 10 it" 1\011 ~ iIlW .,f!tct \U l!w ,,",'~_ '"' tillS
~,~~~ftt
h",...
26. OPPORTUNITY FOR INDEPENDENT LEGAL ADVICE: Husband and ,",fe acknowledge Ihat they
have had a f\dl and fair oppoltllllity to obl3in iDdependenl lep! :ldvice concerning this OIIfeemenl, the
PeMsylvania Divorce Code, and lhell orher lcaa! rights. !Tom counsel of their selection. HusbaDd has
been indcpcndcDlly advised and repmcDted by Daan Johas, Esquire. Wife has cltoscn 10 represenl
herself iD rbe nqotialion and silPling of Ihis agrecmenl. Wife 3Cknowledges Ihat Dann Johns. Esquire is
DOl her aItOIDey. Wire tiutbcr acknowledges tbaI Dann JoIIDS. Esquire has DOt and QMOI give her legal
advice.
21. CONSiRUCTION OF TERMS: Arl.y terms of IIIis qreemCDl deemed to be ambiCUOUS sbaIlDOt be
COIISlNCd apiIlst busba.od. and ill favor of wife. Radler, tenns deemed ambicuous sbalIDOt be COllSII'Ued
for or apiIISI either pany.
28. 1NC0RPORAnON AND NON-MER.GER: nus apement shall be ~o.l'OQICd ill auy divorce deem
wbicb may be caemd bel'oo~~Q the panics. Howem'.1IIis acreement sbaJl DOIIIICIp ill lOy S1ICh dectee.
but sballlllrVive aay decree aDd remain biadinc aDd COllClusive CD ItusbIIld aDd wife for alllimc.
29. NON- W AIVEJ. OF DEF Aut T: The faillll't of IIlasbt.IId or will 10 iIIslsl CD strict pcrfomwlce of any
ICIlIl of tIIis l&fCl;mclIl sbaI1 U1110 way etrea llte ript of any pany lO caforce this lIftemelll.
30. SUBST "''l11AL BREACH: The panics illleDd tllaa even If a cow:t of compclent JunsdiCllOll $hould
deIennilIe tllaa a IIIbNDtiaJ bmcl1 of IIIis aam- ~ JUSril'y mcwion. nuIliftcallon. Of voidilla of
IIle CDbI'I ICttIlllftl. IIIis acn:tmCDt sIlaIl teIftIIII III full bee a1 el'l'tct. RJcbts aad remedies of
mcisliOD. nuIlillcaoo., IUd .vidiq dIis acrt.- an expreslly aad fore_ _wc1 by ItusbIIld aad
wife.
] I. !NFOR.CIMINt': IIwbMld a1 ",Ill itdu4 10 _ a11N11l all npts I!O ..-. dIis ICIh-
II8dtt IIle 01_ Code IUd otlltnI1Jl! The lIIC.:uaN ftlItIrm sllaII be entrtled I!O ltIIIlbolrttn,all'Of lIIs
or bet actual ~y fees IUd COlIS.
I:. CHOteI01 tAwS. nus ."H_ &UiI __ 11I11I.,..... __.. II"" of !lit C_-altlI of
~h_ Tbt ~ \lllt1ll11tla1 t_....., t_ "*.- ill' "'" of lIwftI___ "- ~h_
.. ",#U nl lUll !lit ~...\o.. .., IIle '"' of "'-"'- u..... of .lletlItt * 1_
..ol..,.'I\lIll'lIItt n plt~ fi'PlIfl~.~. td!f<tll...lIt <.lit ..flc:.III....... U ~_ .Ilabot_
~t__ ~.lI.\" *" ..,lit >lull "" ,~.... <II .. 1""lI' >:>f (."'''','1\ f'lt;v .>t ",," C'"""",.
,..~
Pennsylvania. HllSblInd and wife hereby submit to the jurisdiction of the Coun of Common Pleas of
York COWIlY, and waive jurisdiction in every other f'orum, for purposes of any and all litigation
concerning divorce as well as any issue addressed in this ~ment.
33. BINDINO CONTRACT: The rights and obliptions of the parties WIder \his agreement shall be forever
binding on. and shall forever inure to the benefit of, the parties and their respective bein, persooal
~nlalives. eswes. successon and assigns.
34. PROVlSIONS NON.MODIFIABLE BY ANY COURT: 'The parties intend that 3ll temlS of \his
acreement sbaI1 never be modified by any court.
JS. SEVERABIUI'Y OF TERMS: III the evtDl that any !enn of this aamment is detennined by a COUIt of
almpeteSlt jllrisdictioa to be invalid or IlDCllfon:cabIe. then only that teml shall be stricken from Ihis
acreemena- III all Olber lape'lS. this ""........... shall COIIlIDIIC in lidl filrce and bincIini effett.
36. INTENT OF nm PARTIES IlfOAlU>lNO SPOUSAL SUPPORT. ALIMONY PENDENTE UTE.
ALIMONY. COUNSEL FEES AND EXPENSES. Al'ID W A1VERS THEREOF: Husbud and wife 3J:ree
that the IeI1I\S COIICtIWa spousal suppon. aJimaIry peDdetIle 1i1e. aIim<lIIy, ~I fees and eapenses.
and waivers tbcteof. an """,optin willi due considemloIl gtven to rile lOIJowlDa factors: relative
_p and eaIIWIC capacities of tbe pIIties; aces and pIlysicaJ. IMIItaI. aDd ~ candinoas of rile
pemes; IOUI'I:es of i:lcome of both parnes. illdladin& but DOl limited to medical, rmrellIClll. illSUllll(t or
odler baeftts; the ~ and illlleritallCtJ of the pIIties; the dIInIton of the ftIaITiaCt; the
contnbuIioa by 0lIll party to the eclIIcanoa. niaiq or iDaeased eanIiq power of the 0tIIer pany. the
U_ 10 ...tIidI tbe eamiq power. expenses or """"'"lId obIlplicras of a party w1I\ be aft'ected by IUIlIII
of seMaallS C1IItOdiIIl of a IllUlOl' dIIld; the SQIIdar4 of JMnc of the pII1ICJ nubli~ dunaa the
~ tile ~~ educarioll of the partMJ aad the rime aecesary 10 ICqIIW SIItlIciellc edlIatioft or
lDIIIiq 10 eubIt die pIllty IlIWq aJirnoay to W appt.- ~I;, die retarM _ and
liallIfities of die pII'lla; die P'~ IlIoupt iaIo the llIJIINtIllly tidler pIITlr, die ~ of a
tpIllISt: 3$ a ~, .. rNrtW ftftdI of.. pIrl>tt .. nqnQ\ .1lK II t lCt of etdIier pIIty l'f\OI' to
ICpIl'IIIllIIlO tI.\ NIl'IkIItou 01 tile an-y: "'lledlu.. pIIty tIdlIII.....l' lads ~ p1~1l,
10 ~3" Ibr re>>llut't IIilIf'dL ...fImef tile pIllty II ~ of ttlf.~ ..... """~
~.
...'
.
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H
U
WITNESS
liAHf:
D!RECT
CROSS
PATRICIA KERRICK
BY MR. MILSPAW
3
~Y~YTS
PT.a.THTIn'g n~POsrTION ~YRTJ:lTT NO. P'RODU~n AND MJ.'Dlnm
) . REVOCATION OF SPECIAL POWER OF
ATTORNEY
31
4. DEED
36
5 . DEED
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STrpULATrON
It is hereby stipulated by and between counsel
for the respective parties that sealing, certification and
filing are hereby waived; and that all objections except
as to the form of the question are reserved to the time of
trial.
PATRICIA KERRICK, called as a witness. being
duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. MILSPAW:
Q Mrs. Kerrick, will you please state your full
name?
A Patricia Quigley Kerrick.
Q It's correctly spelled K-E-R-R-I-C-K?
A Yes.
Q And where do you reside. Mrs. Kerrick?
A Pleasant Valley Road in Stuartstown.
Q What'. the zip code there?
A 17363.
Q :. there a street address?
A We h.ave a post office box. We don't have a
street r.ume.r.
Q What is that post offlce box?
A ~O lox 2'. Stuartstewn. 173'3.
."\
.,
~~J in orJer ~~ :OClt. w~ere yeu llV. C~ t~t
,
1 road. what roads are you between?
2
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5
A
o
A
o
Webb and Blue Ball.
And your telephone number there?
993-3316.
And forgive me for asking this question. your
6 date of birth?
7
8
9
10
A
Q
A
Q
Oh. that's okay. 12/12/43.
And your social security number?
212-42-8914.
Mrs. Kerrick. immediately prior to beginning
4
11 any of your testimony you were given an oath by the notary
12 public -- I'm sorry. by the court reporter. Do you
13 understand that oath?
14
15
16
A
o
A
Q
17
I do.
What do you understand it to mean?
That I'm to be honest.
And you understand that there are consequence.
18 for not telling the truth when you're giving sworn
19 t..tilllOny?
20 A I de.
21 Q:n February of ~97'. Mrs. Kerrlck. how were you
2~ eMployed? ~re yeu .~loyed?
:J At...
:4
:~
Q
~~d wh.re and in what cap~city?
A
Y:~ ~~.~ ~~~: w\! ~y ~:r :~~:~~
15
1 A No, a lot of documents I didn't -- I didn't.
2 Q Well. in that event, if you didn't personally
3 witness it, then there is special language you put in
4 which says that Mr. Johns, the attorney, personally
5 witnessed it, and you're notarizing the fact that Mr.
6 Johns has said that. Did you ever use any special
7 language like that?
S A I never saw anything like that.
9 Q You always used the standard notary language
10 such as -- well, let me show you.
11 A Yeah, I know what it is. I mean, I could even
12 tell you about what it is.
13 0 Let me show you Exhibit 1. and show you
14 that's the last page of Plaintiff's Exhibi: 1. Is that
lS what you would call the standard language?
16 A That's the only one I ever saw use1 in our
17 office.
18 Q You never used any others?
19 A No. that's all.
20 C Even in those circumstances where you were
21 given a staCK that had been signed --
22 A Well. the stack would be maybe this high. It
~J wouldn't be l.ke thlr. It would just be when: wasn't
:. there. or wh.n : was en VICltio~, As a ~~~.r of !act.
:s wr.'I!~: WAS ~r: ~."':I':l:;",:r:.. ~~':...~ : .l<i t;-';:Spl:J~_:~,j 1.:\ G.::.,:c.:
2
3
4
5
6
Q
A
Q
A
Q
A
17
Well, I just want what you knew.
What I know?
What you knew?
I knew that I felt really bad for her.
Why is that?
Because she was obviously very upset. And--
7 I'm just trying to think back. Because now that I see her
8 I can recollect this. Because I didn't think that I had
9 ever met her. She came in -- as a matter of fact. I don't
10 even think she said hi.
11 She came in. and she sat down on the couch, and
12 she didn't look at a magazine or anything.
13
14
Q
A
Who was with her?
I think she was by herself. I think she was by
15 herself is what I can recollect. Now, I was under a lot
16 of stress at that time because of what was going on at the
17 office.
18
19
Q
A
C
20
You were under a lot of stress at that time?
Yes. I was, a lot of stress.
Well, the stress that you were under at tr~t
21 time. does 1: af~ect your ability to recall what happened
:=2 c~at day'?
23
A
~o. no, 1t was Just stre..t~l blll collectors
:~ ~11:in9. .~d :~e qas e~m~4ny c~~ln9 :~ Ihu~ ~he elee::i:
-.... l~j ::::1': :<;..;:d :f 3~'...:t, Y:~.. ~Z"...:~,. :::-!~<J c'-;u.~::..::g,
2C
1 she -- I'm g~ess:ng she was there to sign papers, because
2 she would no other reason come in.
3 But Patty and I used to talk and felt like
4 people should have representation if they were coming in
S to get a bad deal on something.
6
o
What made you think that this was a bad thing
7 on something?
8
A
Well, if you want to be honest. our practice
9 needed the money. So we were doing anything we could to
10 get money at that time.
11
o
What made ycu think that this particular deal
12 with Mrs. Sol was a bad deal? Why did you have that
13 inclination?
14
A
From what I remember Patty saying is -- okay.
lS He had a beAuty salen on George Street, which is in our
16 city near McDonalds. He has like a beauty -- where ycu
17 sell hair pr=duc:s and things.
18
And then I remember him ewning property in
19 Harrisburg. And it seemed like he was getting the line
20 .hare of ever/thing, and she wasn.t getting anything.
:3
Q ~id you prepare tn,l.s agreement?
A ~o. nOI I can't t~.
Q liho did prepare 1""
-'
A :::.~~.:- r<4n :1~'" ::'1' Pat':...... dli. ~ t t hi! r- Can or
'---.-
21
22
:4.
t'1:-:,y ~i~~r \;;~::
25
1 might have been what happened that day.
2
Well. I would like for you to remember what
Q
3
happened exactly, not what might have happened.
A Well. I could be hypnotized if you want me to.
Q Well, you could be, but I'm not going to do
that this morning. I want you to look at page 10. That's
the signature lines.
4
5
6
7
9
That's 11. Okay.
A
9
Now, that reflects the signatures of Mr. Sol
Q
10 and Mrs. Sol. And then it has Patricia McElwain's -- what
11 purports to be her signatures there next to there as a
12 witness. Do you recognize her signature?
13 A Who Patty?
14 0 Yeah.
:5 A Yeah. that's ?atty's.
16 Q Is that her handwriting on the date as well?
17 A Well. see we used to change those dates a lot.
18 Because sometimes when people would come in to sign them.
19 we leave the date blank. And then we put in what was
20 convenient f~r our of~iee or ~hAt was convenienc for us.
"
"'.
-.
~.
H
. .
....'\
Q
That's net my ~esticn here. My ~Jest.Qn lB.
de you reco~i%e :ha: to be her ha~dw~itln97
A
:: 1. her h.ndwrit.nq. b~t that ooean}t
~<!'~~$$.J.~::'-' ...'!,~ ;"'::'..'5 :~l~ .:!-:sy
i~:l~S@ :~~y ~C~:j hav~
....,,;;.- s -rr',
. ~::--!~ i...l :~~'r:-~'..'~ _,,,,__ ;i:,r~i!~:~ ::-.a.~ tit' ...
20
1 had her sign it there. And then Patty might sign this --
2 no.
3 She might have signed it when she got back, if
4 she wasn't there. So I don't remember. I wish Patty was
5 here, because she could tell you.
6 0 You don't have a recollection now one way or
7 the other? Is that what you're saying?
8
A
You know what I think? I think Patty and I
9 both were up there. Because I remember how sorry we felt
10 for Mrs. Sol. And I remember us talking about how bad we
11 felt for her.
12 And -- of course. not in front of her we didn't
13 say it. But that's what it was.
14 0 Is that what you remember now?
15
A
I kind of remember now. I'm saying kind of
16 because I can't swear on it. But I kind of remember that
17 we were up at the fr~nt when Mrs. Sol came in. Patty and
18 I were up there. and she just signed it.
19 Because we couldn't go over the agreement with
~o her because she didn't know Inglish very well. No offense
:1 to you" but thatl. what! tt'llnit. : mean. thAt"S -.. :'m
:~ pretty positlve t~at.s what happened.
:1
Patty and: had thls there at the front. We
:~ haj ~e~ sign i:, And 1: I.~~' :~~e ~e~ thAt h~r hushand
,:~ WIJ ~~"r~ S~J:;j:.::,;: ~p 1": ::;.~ ::C\..i:"::!:" ': ~t: I~ ~~I! :':'~~:'i'r.
1 signing up at the counter.
2
Q
3
A
What counter are you talking about?
Well, we have this big open space. and there's
4 like a counter. It's like -- well. it's like a counter
5 like this where clients stand up and write checks.
6
Q
7
.&.
Is it like a little higher than this desk is?
Yes, it is. You have to stand up and write.
8 And I think they stood there and signed this. And she
9 didn't look at it. I'm positive he was there. because I
10 think he was trying to intimidate her now that I think
11 about it.
12
Q
13
A
14 about him.
15
Q
Why do you say that was happening?
He seemed like he was demanding. like had a air
Do you recall anything more specific about it,
16 when you say kind of demanding and had an air about him?
17
A
18
Q
19
A
tIm-hum.
What do you recall?
Well. what I'm trying to remember i. -- I
2Q remember even saying to my husband out there.
~,
......
Q
~...
.....
A
~l
tlhots he?
Bernie, Bernle was out there. ~d I said to
Bernle. y..n. . had ...n :~4t I~~. ot Mr; $o~
: lturd
~. him hol~er~n9. H@ ~lnd of has a ~~~y w.Y &bout hl~.
.: s :.:<:'?"..
29
30
1
Q
Had you seen that in the office?
2
A
Like abusive way. Like, I mean, I don't have
3 an abusive husband. but you know how some men are like --
4 sort of like that guy pushed his way in here this morning.
5 That type of person.
6
Q
Do you recall now that Mr. Sol was present
7 signing these agreements?
8
A
Up at the counter, at the counter.
9
o
How many copies of this agreement were given to
10 them to sign? Do you know?
11
A
I don't know, because sometimes we photocopy.
12 But we have to be real careful. We have to have original
13 signatures. I don't remember. Patty would know. but I
14 don't remember. I don't remember.
15
Q
00 you recall that you did see Mrs. Sol sign it
16 though?
17
A
Yeah. No, she was standing up there. I can't
19 recall that I actually saw her signing it. I'm trying to
19 vlsualize gOlng baCK to trAt day is what I'm doing.
20
She did come ~p to the ceunter. I can't lay --
:1 she did ceme up to the ecun:er~
~~
"..
,~
.,
Was ~r :or~. :u: :here a: a:: when she was
23 'lqnlng :~...~
,H
'::
" ~: ~ -, ~. wasr. - :-:'0
-
- . l': . ~ ~\\;; , - - . i , ......of-!", - ~rs $.~. -
. - - . < . . .. .~ . ~. ...,.....,,< - ...'.
36
1 See. it says here. and acknowledge. You're saying that
2 Jean acknowledged signing this power of attorney for the
3 purposes of this.
4 Am I saying that she -- tell me that she
5 acknowledged signing this, to enter safety deposit boxes,
6 to engage in insurance transactions. All these things.
7 transactions, did she acknowledge? That's what you're
8 saying?
9
10
Q
A
Correct.
No. she did not acknowledge that. because she
1: didn't say anything. She never opened her mouth. She
12 just did what her husband said to do.
13
MR. MILSPAW: I want to show you these next two
14 documents. Let's mark these as separate documents.
15
( A deed was produced and marked as Plaintiff's
16 Deposition Exhibit No.4. A deed was produced and marked
17 as Plaintiff's Deposition Ex.~ibit NO.5.
18 BY MR. MILSPAW:
19
Q
I'm first going to show you Plaintiff'. Exhibit
20 4, which is a deed dated February :2, 1996 between Mr. and
21 Mrs. Sol as grantors and Mrs. Sol as qrantee. which also
22 purports to have your signature C~ 1: en the aeecnd p~q.
~3 havlng nctArl:ed the ~~ sl;n.:~r.. of ~rs. So~, W41~ you
;:4 pl...s. :~ek It ~h3t dO'':'~l't't!!':t''
...~ A :~'" i.::-:~,/'.~ft;-::
1
39
Q
Was there multiple copies already prepared so
2 you could give her a copy as soon as it was signed?
3
A
I don't know, but I don't remember going back
4 and photocopying them. As a matter of fact. you know, we
5 might not even have given her a copy because I think -- I
6 think she left out the door crying.
7 And I think there's a possibility that Dan
8 might have seen Mr. Sol back in his office after they were
9 signed. after they were signed that day. I'm kind of
10 thinking maybe that's what happened. Patty could tell you
11 a lot more.
12
Q
Why are you kind of thinking that, that Mr. Sol
13 you're thinking Mr. Sol stayed in the office after Mrs.
14 Sol left the office?
:'5
A
Q
A
16
17
Yes.
And what happened? Do you recall?
Well, sometimes when we were doing sneaky
18 things. and this is sneaky. o~ would stay in the office
19 and have us do the work. Tt'.at' s what happened. And that
:0 way: would get ln trouble. ~hat's what Oetective Myers
:: said. The detective he said he seen :hinqs :ike this
:~ before. !hey blame evet)~th.nq en the secr~:.ry cr the
: l notary.
:""
o
wc~ld )~U ~~v. a rtc~ll~cticn en thlS
.:r: ;:.lr::.<......:.:1~ U'," :hA: ~:. ::\~: ~:A'/!i ~~ ~:-~'l! ~.f:;.-;'! .I~j :h<i!~
19. To 3lIlh0rize medical and suriic::ll procedures. aDd amIlIae for and COIISCIIlto medlclli. rherapeuticlli
and suriic::ll procedures for me;
20. To be JUIZlIIm of my persoa;
2\. To be pardlaDofmyeswe;
22. To baVl access to my medlc::ll iIlformaIioQ and records;
23. To ad_1Dd IIII"orce my Deelaralioa reprdial my risbt to rtlUse Iife.supponiq tmlllleIlt;
24. To make I\mmI amqemelIIS for me cIuriDa my life;
25. III plIIrI1. to bave all powers IDd riplS to act OQ my beb.aIt:
26. To bI pardIaD or die penoas and _ of my cniIIor cIWdmL
27. To eucaIit. adclowledp _ deIi_ OQ my bebaIf my _ all doc:IImtIIlS lIeml\ry to &i'~ AiII
l'on:e _ cl'l'ect III a posIlIUplW apeemnt bccI\1:CQ YOQI H'QQ Sol_ myselL
IN WTnIESS WHDlOF. IIIaVl set lilY baDd III dIiJ T~~ of l"'O I)l"'w.illl:u paces W1tllout
iaIerI'~'''aa _ wi1IIoaldirJetiOG. 011 dlist&iday of "'- 7 1996.
~~..;,_. .l.7>.u._~ ~ "';t-9" JJ
W\lDCSI YOIII'
CO~"!ALnlOfmlNSYLVANIA
COllN'TY Of YOB
Oa ~ day of ~~I""re 1996. bllbft 1M. Ille 11 ....d Sowy hbIlc. 1*-"1
1pIlUIt4 Ita V.., Sol.. bll LlllO .. "Ill ';;'lly ~ lO lit Ille ~ .. t.UCIIIIIt .. ~ Po.v
Of "-1. .. .. l l>wta4 ...... "'- Of Aaney lbr Ille ,..~ dlertia l . ~
IN \\lTNISS ....'M!lIOf. I III.. set ..y.... at ..
.
JaA;u,} &' :J'..MItd
. . PldIbc
_ SolI
..-0. - "IaWt....
$I . ..... _.;;.uIl
-- : "--s." '.
..,c...., --- '
.
.
DEED
MAIlI~:oI 11:''''''1' .-_---__11996,
IIT'A'lbI Y... _ w...._ T...Sol._..... ~
AI'lD TOOl _ Sol. 0IlAIlTEE.
A nANSlU IIT'A'lbI 1ll..'SIAt/D AI'lD WIll Of UAL PlOrEJO'Y ACQtUEll DUaINO
TII!IIt )I'..I~ WHIClf nANSlU IS EXENrT fIOM 1111! UALTYnANSlU TAX.
wtnIIS$. .... .. L....... 01_ _ lIt". .. _ ..... .. _ _.. -,
'. . ~"'-'_"'_.c.-.."'''_'''_oI-'
AU... -... _.... .,_....... _ n. ___ '-'"
............ w. ".. Cib tJI......... ~ c-,. h-~I _ ___.........
--.
IIG1NNING ... . GDCMI' 01 s.a... .. __ sn. -. ~__~y ... ..
-....--................__.If 611%"I." _of...
.... ... ..... ..... NIl. 1101 .. I..J w.. SftIt .... J~ &__., ........ ...
...- ... .. ""- - _\laG) ... - . ... ... _ _ IIIrr. _ _...._.,
..... .. ...,. _ ... ... .. ... - - "r . 'IT)_ .. _fat of lOo_
s.c....... _ l ." ... .. __ .. .f SUo... sea.. _ ...... (Ito'I .... ...
..... oIl1ClD/H1NC.
1IA\'1NO__......._ """ III. _ _-.. "...,,_
IT 1UICl.. _ _ _...., _... _ _. _.....,_
- -- It. I.... ... _ _ _ .- 01_ ..... of Dooe 01 0...- ~.
~_.. - .... .... :1J..-... _.. TOOl _ Sol... _ "'" Sol.
0-.._
Tr.lGITIWI _ .. ... ........ .. _ ~ ... _ .. _
........ ..,.. . ~ 1 ............. ....... ........ .. -r . ..-'
-...,..,...--..........--.-...-.. ....-..
low Mol _..,.. "'-of. .. _.. ...01.... _......,............_
..
.
'1lMCT ClEA~~tt_~_ ~..........-- ...-....- ---
,_i3Il\l..lhe ~J""'.:lJIa 01
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~1\~>>t~ttJ......
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~ -,'j'<~ ,-, .. .-":o~
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el!2S9~."~ 101
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" '" j,;......
.
-
1
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2
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2!l
,
JEAN YONG SOL,
PLAINTIFF
v
YONG BWAN SOL,
DEFENDANT
DEPOSITION OF:
TAlEN BY:
BEFORE :
DATE :
PLACE:
APPEARANCES:
(C(Q)D1f'
.
.
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
:
: NO. 1175-SUPPORT-96
.
.
PATRICIA McELWAIN
PLAINTIFF
DONNA E. RICHARDS, RPR
NOTARY PUBLIC
DECEHBER J, 1996, 11:00 A.M.
MILSPAW , BESHORE
130 STATE STREET
BAlUUSBURG, PENNSYLVANIA
MILSPA1f , BES80lU!
BY I LUTIIllR I. MILSPAW, ISQUIlU!
FOR - PLAIlITI rF
DA!Dl JODS, ISQUIIl!
FOR - DU'IliIDART
ALSO PUSElITl
IIILIlQl LOUI
KIM LAMJIIaT, Ill"fP i'UTIlt
JI.lUt 'tOIIG SOt.
H.;a. ~ 'Fr6 t,.;JVMt ~~I, Slle.
", f\--%,lf '....fl'..., '~.i..t,Q.'S~-~.6(t "... ,:'
Tt. ..tJ......~1..rv~ t'u...:t:Ml" l".........1'''',.~t
..........
3
1 STTPULATT0N
2 It is hereby stipulated by and between counsel
3 for the respective parties that sealing. certification and
4 filing are hereby waived; and that all objections except
5 as to the form of the question are reserved to the time of
6 trial.
7 MR. MILSPAW: Mr. Johns, I'm going to deliver
8 you on the record the original of the lecter I faxed to
9 you yesterday.
10
11
12
13
14
15
16
17 stuff to you?
18 MR. JOHNS: I did receive the fax of this
19 yesterday. I pa.sed it along co my clienc vitn a negacive
20 reeommenda:icn.
~l MR. MItJPAW, Be that as it may. I would like
22 you to indlcate on the record nov, as attorney for Mr.
MR. JOHNS: Okay.
MR. MILSPAW: The only rea.on for doing that is
we now seem to be getting a return from your office of
regular mail.
MR. JOHNS: I did receive
MR. MILSPAW: That presents a practical problem
for me. I~ you don't receive regular mail, nov do I get
23 Sol, I .hc~:d communlcate vitn yo~.
:~ ~ JC~, : l~aqine by first ~la.. ~~ mall.
:~ !f 't::'\.f. Wl.c"". :.:::. ~...x ..:t:~'''''~''':''L':J ::-;... ~.~.a-: '. ~:..~~
4
1
MR. MILSPAW: We:l, the reason I say that is we
2 have had returned to us first class regular mail items as
3 being rejected. And just because -- if it's going to be
4 rejected in regular mail, it presents a dilemma.
5
MR. JOHNS: The only document that I'm aware of
6 being r~jected was a document which came in simultaneously
7 with a certified mail version of the subpoenaed deposition
8 notice for Patricia McElwain.
9 Other than that. I'm unaware of any mail which
10 has been rejected from my office.
11
MR. MILSPAW: Well. what's the basis for
12 rejecting anything by regular mail even?
13
MR. JOHNS: I think we had this discussion on
14 the record the last time.
15
MR. MILSPAW: We didn't. because I hadn't
16 gotten this the last time. Here it is, regular mail. And
17 what was in it was, you know, a copy of the subpoena and
18 copy of the notice to you.
19 As aeeorney of record. I am obligated under the
~o r~le. to send you, as the at~orney of record, copies of
21 everything I'm qeneratlng, includlnq notices of
2~ deposltions and sucpcenaa.
:n
Thi. was re,eceed. :t', r~~l.r mail. :'~
:4 ~.~r ~ad this happen ~o ~ In :1 years ot practice. that
;S :~e ~~::r.."ey ~: :,.,~:r"! r":<tc~' r.,.~:U" "'a~~ ..~~':!'. ::r.~.~r:;I
.:
1 Shawnee, S-H-A-W-N-E-E, Drive in Stuartstown. And the zip
2 is 17363.
MR. JOHNS: Let'S put on the record at this
3
4 time the stipulations regarding objections. I'd like to
5 have the same stipulations, that objections will be raised
6 at this time as opposed to at some later time. I'd also
7 like the witness to read and sign the document.
8
MR. MILSPAW: I have no objection to those
9 stipulations.
10
MR. JOHNS: very well.
11 BY MR. MILSPAW:
12
o
And Mrs. McElwain. what is your social security
13 number?
14
A
218-52-1021.
15
o
And what is your phone number at your
16 residence'
17
A
717-993-3405.
18
Q
Mrs. McElwain, immediately prior to the
19 commencement of your testimony just a few minutes 4g0 you
:0 took an oath. Did ;"OU understand that oath?
21
A
Yes.
22
c
What did l~u understand It to mean?
:1
A
That t'm :ellln9 the truth at w~t t say here
a today
.t-, ..,',
'......., .
:s
And io
'<J.=:'.i"e:--s~,t;~:i -::0.1:
)"CU
II''' u~~:i~I' a
~
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:- ,~~
10
11
12
13
14
15
16
7
1 to tell the truth, and that duty, if violated, can lead to
2 certain consequences if you do not tell the truth?
3
A
Yes.
4
Q
Being under oath you're obligated to tell the
5 truth. and failing to tell the truth under oath is, in
6 fact, perjury and there's consequences associated with
7 that.
8
A I understand.
Q You understand. Thank you. Mrs. McElwain, how
are you employed?
A I work for Attorney Johns.
Q And that's at his office in York?
A That's correct.
Q And he only has one office, and you work at
that one office?
9
A
That's correct.
17
For how lonq have you been employed by him in
Q
18 that capac1ty? Well, by him?
19
A
I've worked for Attorney Johns about two and a
20 half years.
21
..,...
...
H
Q
And in what capacity do you work for him?
A
: 'Itl . paraleqal.
Q
And .s a paral~al, what are your dutles in the
:4- =!!i.:.7
.~
;I.
.~:-l!'" :5:~~:-: ~-.."''I!;.*~.$
j~ f~:~~1 ~~ t~.
9
,
...
Q And have you had any formal education since
2
that time? Have you gotten any other degrees post-high
3 school degrees?
4
A
No.
5
Q
But you're taking paralegal courses now at Penn
6 State-York?
7
A
Yes.
8
Q
And other than formal education, by way of work
9 experience. have you worked for an attorney before you
10 worked for Mr. Johns?
11
A
! have worked on a part-time basis for Stock &
12 Leader, yes.
13 0 Are you related to Mr. Johns in any way?
14 A No.
15 Q And you're currently working for him; is that
16 right? ! mean. as of this moment you are still employed
:'7 by him?
18 Yes.
21
....
....
A
Q
have you
this case?
A
Q
an')' way"
.lI,
~~_.....
.""...
No.
~)
HAve yo~ discus.ed your te.timony with him in
~"
.:~
1 Q What makes you think there may have been more
2 than one time?
3 A I recall her being there when she signed the
4 post-nuptial agreement.
5 0 Post-nuptial agreement?
6 A That's what we call the agreements that we draw
7 at our office, post-nuptial.
8 0 What does the phrase post-nuptial mean? Do you
9 know?
10 A It's a separation agreement basically.
11 0 Well, other than that time you' re aware that
12 there is some measure of dispute in this case regarding
13 this agreement and it's enforceability between the
14 parties? Were you aware of that?
15 A Yes.
16 Q And were you aware that in the various
17 pleadings that have been filed that Mrs. Sol is
18 challenging the enforceability and has raised certain
19 issues concerning circumstances surrounding her signature
20 of this document?
21 A Yes.
~2 Q Now. the document is dated r.br~.ry 22, 19"
2J where it p~rport. to have that date on it. Does that
:4 refresh ~ur ~ecol:.etlcn .s to w~en Mrs. Sol e.me in to
.:~ .~,;~ '::::':1 :l:-:'.""!~r.':"
!.!.
:3
1
Plaineiff's Exhibit 3. on ies f~rst page, is a
2 revocation of special power of attorney. The second and
3 third pages of that document are general durable power of
4 attorney, which is, we believe, a true and correct copy of
5 the original signed in Mr. Johns office on February 22 of
6 '96, the same day as the other agreement.
7 And Plaintiff's 4 and 5 are what we believe to
8 be true and correct copies of the recorded -- two recorded
9 deeds. also dated February 22 of 1996, and which is the
10 same date as the agreement.
11 To our knowledge. these are the four documents
12 that were signed by Mrs. Sol and/or Mr. Sol in Mr. John's
13 office on February 22 of '96. Are you aware of whether
14 there were any other documents
15
A To my knowledge - -
Q that were signed?
A To my knowledge there were no other dOC'.11lIents.
Q You note that they're all dated the sa_ date?
A Yes.
Q :Joe. :hat. refresh your recollection about
16
17
115
a
20
~l whether M'rs. Scl would have Dei!n there en more than one
:2 c-c'Casi.c~:
;n
A
: th1nx It was ,ust the one tlme.
:"
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;:~,!~"t..: ~.~!':"!
1 recollec~:on of tha~? Or do you know that just because
2 your name appears?
3
A
No, I remember signing -- I remember witnessing
4 the signatures.
5
o
So on each of these documents. it is your
6 signature as witness?
7
A
8
Q
Yes.
What do you recall about the process of
9 presenting the documents to Mrs. Sol for signature? Were
10 you involved in that? Did you do that?
11
A
! remember the agreement, and I think, the
12 power of attorney. Mr. and Mrs. Sol came in together, and
13 I believe they -- they were signed out at the front.
14
Q
15
A
When you say at the front, what do you mean?
In the front of our office. There's like a
16 countertop. I believe they were signed there. I remember
17 the deeds being signed in Attorney Johns' office.
18
Q
Okay. Let's direct our attention then to the
19 agreement and the power of attorney. When Mr. and Mrs.
~o Sol came :n. did you greet them? Were you the individual
~1 that greeted them upon the:r arrlval?
22
A
H the'!l\, n.o,
'=4
~
'.
..
--
,
"
r weul~~'t have been the one to have greeted
Wh~ WCt.4::i 't.~,I~ ~~v-! e~'t,n~
: t~t~~ A~ ~~.: :~~~ ~t w~s ~l: K4::l~:.
15
16
1 Q Is your office in that area where Pat Kerrick's
2 office is? Or do you have another office?
3 A I sit in the back. I have a room in the back
4 of the office.
5 Q Who gave the agreements, who actually got the
6 agreements from wherever they were and handed them to Mrs.
7 Sol for signature?
8 A I can't recall how they physically received the
9 agreements. I remember. you know, witnessing the
10 signatures, signing my name. I can't recall exactly how
11 the documents were presented though.
12 0 You don't recall whether you're the one that
13 presented them?
14 A No, I don't.
15 Q How ~any copies of Plaintiff's Exhibit 1, the
16 agreement, were signed?
17 A I don't know for sure that day how many copies
18 were 8igned. I know what our normal practice is.
19 Q What is your normal practice?
20 A The criqinal would be signed. There would be a
21 copy for each of the partles. And then there would be a
:2 file copy.
:J
Q
So there wou~j be tour .. your normal practice
:4 vould ee t~at t~ere were f~ur =?p~el sl~ed'
;s
A
l~$
16
1 was what happened in this case or not?
2
A
I would assume that's what happened. I don't
3 know for sure. but I would assume. That's what we
4 normally do. yes.
5
Q
Was Mrs. Kerrick present at the counter when
6 Mrs. Sol signed and you witnessed it?
7
A
Yes.
8
Q
And did she notarize them there at the counter?
9 Do you recall?
10
A
As far as -- yeah, to my knowledge she did. It
11 wasn't at the counter. It was at her desk. She had her
12 notarizing equipment right there at her desk. Which the
13 counter is here, and the desk is here, used to be.
14
Q
Who was at the counter during the signature
15 other than Mrs. Sol and you and Mrs. Kerrick?
16
A Mr. Sol was there.
Q How about Mr. Johns?
A No.
Q Was he in the office?
A I don't recall .
Q en that same date the tWO deeds were signed .
17
l!l
19
20
n
22 You indica~.d that you believe those deeds were signed in
23 Mr. Johns' office?
=4
A
: th:.nk SQ,
:$
.
'"
~":"'.'" j-; 'f:~ :~~;':-..< :~1:-:
19
4 A I'm not 100 percent clear on that. I just
2 remember the way we normally do signatures of things. you
3 know. We would all be in his office. and they would be
4 signed at that time.
5 Q But your recollection is that the agreement and
6 the power of attorney were signed at the counter. and then
7 the tWO deeds were signed in his office?
8 A And I may be confused on that, because there
9 have been other documents that are signed out in the front
10 of the office. They don't always get signed back in the
11 Attorney Johns' office.
12 Q Did you have the opporcunity to review either
13 of the ocher depositions that have been taken in this case
14 of Mr. Johns or Mr. Kerrick or Mr. Sol's?
15 A No.
16 0 Mrs. Kerrick's recollection. as I recall. and I
17 don't vant to impose vhac my recollection is of her
18 testilllOny. but my recollection of her tenilllOny vas that
l' she indicated all the documents were signed at the
~O counter.
21 And I believe Mr. Sol indicated the same thing.
22 Mr. Jo~~. ~~. indlcated :hac he va. not present, and so he
23 doun' t know where tn.y wert signed. but that he uy have
24 been in the office ~tinq ~ith other clients at the time.
=~
New. ~! In ~.~~, ~hA: was the te.t~~cny~ ~uld
2:
1 documents. what happened next? What did you do?
2 A I assume I went back to work. I don't remember
3 that I did anything particular.
4 Q Well. for example, with regard to the
5 documents, after you had witnessed them. did you leave
6 them in the custody of Mrs. Kerrick for her to complete
7 her notarization?
8 A Okay. She did the notarizing while I was out
9 in the front of the office. Then Mr. Sol would have
10 gotten an original. Mrs. Sol would have gotten an
11 original. And we would have kept the other documents in
12 our office.
13 0 Did you hand Mrs. Sol her copies?
14 A Yes.
15 Q 00 you recall that specifically, or you just
16 know that's your usual practice?
17 A: think : can honestly say that I remember
18 handing it to her personally. Obviously there are a lot
19 of people tn.t come through my offlce.
:0 Q Well, her te.timony hasn't been taken under
~1 oath in a deposi~lon yet, but in the pleadings that have
4~ been ~11.d ~n this CA.e. both York and ~~mC.rl.nd County,
23 Ihe hAs l~dlcated tn.t .he dlQ not get. copy that ~y.
a ~d as .. !I\.tt~rof fact. "",d r..ve:- "'!In.. cot:ly
;5 PCl;;::: ,":,"";t! ~i..~ "~~t :'t:" ~--!' ;:"~ :-{:,,:: .;: l :-::f.Y ..f': :h!i!
Q
she do?
A
Q
A
Q
A
Q
eMs?
A
J. Mr., ~etlwai~,
:5
24
;,::;:::$ S .. tx..\.~: ,~Z^ 7 : ,'::r.f
1
2
3
4
5
6
7
8
9
10
11
12
13
14
27
Q Mrs. McElwain, when the documents were
presented to Mrs. Sol, she came up to the counter for
signing them. Did you present the documents to her to
sign?
15
A Yes.
Q And did -- take the agreement. take one copy of
the agreement now. and just demonstrate for me how you
presented them to Mrs. Sol for signature.
A I don't recall whether I handed it -- would
have handed it to her like this, or if I had the signature
page prepared for her to sign. I'm not sure.
Q Now, when you say prepared for her to sign.
A Well, opened to that page.
Q When you first said like this you actually were
taking the document without opening at it at all and just
handing it to her?
A r den't recall which way I handed it to her.
o But you may have turned it to the signature
page for her to sign?
A That's possible. : don't recall.
Q Now, in doing that, would you have folded over.
aa I'm demonstr3tinq new, with the other pages not folded
under the si~ature pages, or would you have taken lt and
16
17
18
19
20
21
22
23
24 f~ldei t~~ ~~h.= pa~.s ~~d.r :~. .1qn.t~r~ pages and
:s t.njed t: ~~ h~~~
28
1 A It would have been the way you showed me the
2 first way. If I would have done it, it would have been
3 open like that just showing her what page to sign on.
4 Q Now, with multiple copies of this agreement,
5 for example, would you have done that for each of those
6 copies?
7 A If that's what I did, yes, that's what I would
8 have done.
9 Q Do you have a recollection of whether that's
10 how you did it in this case?
11 A I do not know for sure.
12 0 Who signed first. Mr. Sol or Mrs. Sol?
13 A I don't recall which one signed first.
14 0 Did Mr. Sol sign all of his copies before Mrs.
15 Sol signed them? Or did he sign a copy and then hand it
16 over to Mrs. Sol in a round robin process until they were
17 all signed? Do you recall?
18 A That's normally how we do, but I don't know for
19 sure if that'. how it was done that day. r don't
20 remember.
21
Q
Now, would you have handed it to Mr. Sol first,
22 and then you would hav~ witn...ed his Signature? A.~d then
21 handed 1t to Mrs. Sol? Then you would l'..ave w1tnessed her
~.. signattJ.I'4!? Orwh!:,'! ver-e ~+cu i~ :~-e orier ot si';na.tur~s
;~. -'t::r...mj ::o.-l: .:'c...r.:t, ::-.1: ':.1\"
29
1
A
I don't recall whether! witnessed each
2 signature as they signed or whether they signed and then !
3 witnessed everything after each thing was signed. I don't
4 recall .
5
Q
And where was Mrs. Kerrick in that signature
6 order?
7
A
She would have been sitting at her desk.
I thought you said she was up at the
a
Q
9 counter?
10
A
You have to understand. Her desk would have
11 been here, and the counter's right here. It's like side
12 by aide.
13
o
I see. So she would have been sitting at her
14 desk, and you would have been standing where?
15
A
Right near the counter area. She would have
16 sat at the desk because she had her notary stuff there.
17 and it was easier ~or her to do what she had to do.
18
Q
So where was she in the order of signature?
19 Mr. Sol signed. and then she notarized Mr. SOl's
20 signature? Or were both Mr. and Mr.. Sol's signatures
21 obtained. and then you witnessed, and then Mr.. ~errick
22 iot 1t~ What do you recall was the order of signature.?
:..
A : 'm !'lot 100 percent lure, but . t hl.nk Mr. and
.
~n. Sel we~:j nol',e sigr.ed. . ~u : '1 hav<! Wl,:nesl@d, and
.
~~.:1 P-l~ 'W':-:'" :.1 ,":,1::" ;""4t~-:lr;.:..::
~)
;~
13
14
15
16
17
18
19
20
32
1
A
Not specifically to study, no.
Or even to look at before she started signing?
2
Q
3
It was presented to her.
A
4
o
Did you hear Mr. Sol say anything to Mrs. Sol?
5
A
I don't recall any conversation between them.
6
o
You weren't with them at all either earlier
7 that day before they came in the office or at any time
8 prior to that, right?
9
A
No.
10
o
So you have no idea what. if anything,
11 transpired between them in the minutes or hours or days
12 prior to them coming to the office?
A No.
MR. MILSPAW:
MR. JOHNS:
MR. MILSPAW:
are . - one other thing.
that correct: ?
Nothing further.
That's all I have. Thank you.
Thank you, Mrs. McElwain. You
You were here under .ubpoena; is
THE WITNESS: That:'. correct.
MR. MILSPAW: You are now free to go.
21 (Whereupon, the deposition wa. concluded at
22 11 ~40 a.Sl.)
:3
:4
...
".
~
4. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE A.'ID ALIMONY: Husband forever and
absolutely waives 3/lY and all righl aad claim to receive spousal suppon. alimony pendenle lile. alimony.
iosuraace coverage 3Dd fioancial suppan wbalsoever available UIlder lbe laws of Peoosylvaoia 3Dd any
olber jurisdiction. except as olberwise Slaled in this agreemem. Wife l"orever 3Dd absolutely waives any
and all right 3Dd claim to receive spoUS3l suppan. alimony peadeDle lile. alimony. illS\lT3llce coverage
3Dd finaacial suppan whatsoever available under lbe laws of Peonsylvaoia 3Dd any other jurisdiction.
except as olberwise swed in this agreement.
5. COUNSEL FEES. A.'ID COSTS A.'II) EXPENSES OF LITIGATION: Husband 3Dd wife waive the right
to receive any payment from the other for COWISeI fees. 3Dd costs 3Dd expenses of litigation. except as
otherwise provided in this agreement.
6. INVENTORY A.'.D APPRAISAL OF PROPERTY: Husband 3Dd wife waive their riIht to oblain or
compel my inVentOry and appni.saI of p.wl"'"Y. marital and I1OlHllII'1Ul Husband 3Dd wife waive their
rightS to dispute the vallle$ of assets listed in this qreemeal.
7. MOTOR VEHICLES: Husbaud sball receive 3Dd retaiD exclusive possessioo and ownersIlil' v15-His
wife of the 1995 Mercedes Benz (SlIpu1ated poss value of ftlny tlIousalId dollars). 1995 Honcla
(stipWaled poss value o( D1De thousaod dollars,. and 1991 GMC (slipula%ed gJOSS value o( l'our thousaod
dollars). Wife forever 3SSI1JlS. conveys 3I\d tnllSfers to husband all ricin. lttIe aDd \lIlere$l in sw:h motor
veludes. Wilt iba11 receive aDd rel31ll exclUSIve posse$SlOlI aDd ownenlup VU-"VU husbu4 oCthe 1993
Toy0t3 (Sllpu!aled poss value o( l'I>"enty.four lbolA.<an4 dollanl. Husband fort_ 3SSIIJlS. conveY' aDd
!nIlsfers to wife all ncht. IItle and \lItrreSllD such _ vehicle. Wife sIIa1I appear 31 wltue_1oc:atioas
WttbiD Peoosylvaaia selec1ed by busband. In eucute. adDowledp aad delMr all docttmaIa 3Dd tIwlp
~ to tr:IIISfer tide IItld feIlSlnllOll o( SlICb motor >eludes as set fonlllbove. At the 111M tllat tbts
qrtemeltt IS 5lped. busband and Wlfe iball deliver all keys and accessOUfl !"or the aIlove_~
motor 'ebKlel to .hn Ullellded ~"'1leT ~(
S M01'o"EY .~CCOL~iS HusbaIN.1Ild "'1l\l acknowledp the ex-.:e o)f .11111:C_ ...ulI C_
aw. l~tll'llaM b&Unl:e oJ( in ltlousJnd dQlW's1 HI&SbIllJ ilWl =el>e f\:tlI$lve o-..-.na.p IN
coolTOl ~ *' ac:_ "I$>....,s..,for \\.for fortvel' __ all """" Utili. ..- at :'- In IIuI
Kt_ ~\St, H,,~ ad ...~ 1l3,. 41V'ded aad dl_lMe411>ttr ""*'" IlW --,. ac_lO
I')~ ~
!heir mulU3l salisftctioo. Husband and wife forever w:l.ive 311 claims to all accounts lIIId monies of the
other.
9. CERTInCA TES OF DEPOSIT: Husblllld lIIId wife acknowledge the existeoce 01 ceniflwe(s) 01 deposit
at Coreswes Batlk ill the amount oflWeoty !housand dollm. beld for Maria N. Sol. Husband shaIJ maiD
possessioo 3lld coolrlll 01 this asset. Wife lorever waives all nibl. title, iDlereS! 3lII1 claims to this asset,
ilIcludiDl use. possession. owoenlup 3lld COOIrllI.
10. STOCKS "''lID BONDS: Hlulm1d 3lld wife acla10wledge the existeDce 01 StOCks aDdIor boIlds 01 lIIe
Beistle Compeoy. HusbaDd shall receive exclusive ownership 3lld coottol vis-a-viS wife 01 forty
tllousaIld doIlan 01 this StOCk. Wife forever waives all nibt. title. ilIteres! :md claim ill husbatld's share.
Wife shall receive exclusive possessioo 3lld coatrol vis-a-VIS busballd of tbiny tboIIsaDd dollars 01 BeIStle
SIllCk. HushIIld fonver waives all ncht. lItle. _rest :md claim ill wife', share. In lhe eveDI 01 an
upward or dow1IWVIl chaDge ill lhe vallie 01 this SlllCk prior to diSlribUlion. busbaDd sball receive lour
sevurlla of lhe lI:IW value IDd wife sball receive lhRc seventlls tbmol.
II. T A.'<<jIBLE PERSONAL PROPERTY: Husband aIId wife have divided 3lld distnburc4 all l3lICible
personal ",oputy to tbett mumal sansf:actioo. Wife aclalow\edcn receip<< 01 all irems 01 llIIICIble
pmoaa1lW~ to wtuch stat IS CIllItlcd.. HusbaIId shall recetve IlId m:utI all odler ~ble pmooaI
propet'IlI-.baQoever. U1cludiq but DOt Iilluted to a11l3Dilb1e pmooaI prtlpetty 10cated II ollol Cbrrotee
Orin. MtcllaDicsburJ. C \lIlIberlaDd C OlIIIty. hllllJYlvwa (SllpuWed pou value of SUlWl tIIolISIlld
dolbn). Wife fortver _IDS- COIlv.YS IlId lDIISM to bllSbaDd all ncht. !lilt aDd ilIWat ill aIllllCb
items of l3DCible pmooa1 p<<ope~,
t:: lNTA.'OGtaLE PlOPUTY Nettller lI'IIbud _ WIN sball ha... lhe lip or btuM 10 4iscuss. use.
...... or dnlnhla .y _. 1IOt'y. _p<<. llktll6S. ~ 1II\alf. v1deo rmll\tiat. IOWIJ
recordillt. :llataa:ltf. _e. ~'. ~pt. ~. ~lftl. It.:tlISt. VlOI.uwe ~ law Of
Itrl- or~~~cfl!lltodler
ti 8L'Sn.'tU HIdllIll4.. WIfe ",~Itd;<e iT61Wmul' III 1 ~ ""","1l >> ~ ~ s..,plv'
'*'"'*t lllNlC_ "'-'r II *_ . :o~ w..rlI 0I0r1t Snit. YGIl. Y;A c.-" ,,-,1_
''''.11\1~4 Jl"MS vallOt .;)( ~l\ve _ --I .t.llbn. H..!~ 1'1 lUll !Kti... lIIld _ e.clldl...
.,..~... ~ <\$')-'" ..,iie ,It 'hu ~u. tIK'......... * U 'i~ '" tll ~ .._
~:'~-$; .:t....:-~:'t!ht ~~,"-..'iw;""'_ >>! .- .~?!'":-1 -"'! .~.. ~'T.,"~f'E \\ l~ JWi:~ ~!>. ~""!*'tt' Jt~.n+"'!' ,~ "ft ""'-. .-1"
P'Sft \
incerfere wirh !.be oper.ll1oa of this busLaess. Wife shall nOI use. discuss. ttalISfer or diSlnbule 3IIY
informalioll aboUI opel:llioa of this busines:s whatsoever. including bul acl limited ro ll':Ide secrets,
customer infomwioa. fiDallciaJ infomwioa. WI. infonnatioa. employee informalion. business
procedures. c!c. Wife shall DOl COaw:1 or communicate with any customer and/or employee of this
business.
14. BUSINESS: Husband and wife acla10wledge owuenlup of a busines:s IaIown as "Seven &: Seven" bavi.og
a pri.Dcipal business locaIioa 319 West Market Stteel. York, York COUDly. Pemzsylvaaia (snpu\aled sross
value of sixI)' dIousalld dollm). Husband shall receive and retain exclusive owumhip and posse$iioa
vis-a-vis wife of dlit business. includini but DOl limited to all alIClS. accolIIIt'I. daims. income,
po5seW?D. and COGlIOI. of lbe business. Wife sball DOl tiller. disp\ra&e. or in any way interfere with lbe
opetatioo of this busiDess. Wife shall DOl use. discuss. It3I1Sfer or dislnbute any infomwion about
opeI2lioo of this business whalScever. 1DC1udin& but DOl limited to ll':Ide seems. CUSlOlI\er iDiotmalioa,
!lft....,.;al iDfonnaIioa. 1&.1 iDfonnaIioa. employee infomw:ioa. business procedum. c!c. Wife sball DOl
COIltaCt or comm\llliQle with any CIISlOmeT mdior employee of this business.
13. LIFE lNSu~CE: H1ISbaDd and wife shall receive and retain lbeir respeaive life iDs1nDce policies.
Wife fenvet' "~ves. releases. assip. COlIvers 3IId ttalISfen to IwsbaDd all npl. IUIe. ilIwest 3IId claim
to my and all life IIlSlIr.IIlce policies-mcIl1din1 cash value tllcreof and bccetlu tben!from- onlbe 11ft of
buI"~'I.1 Husband forever Qlves. rele2ses. 3SS1P. C'Ollvey1 and naaftn to wife all npt. lllIe. IIlft!!eSl
IIId claim to Ill)' 3lld 111 life ~ poltctfl-Illcludiaa cull value lbe'reof IIId btDtt\lS tbmll'om. on
lbe life of WIfe.
16. .VTEJt-ACQl.'1UD PltOPEllTY All k1IIds of ptopelTJl ~ by IlusblID4 after Ibis qrftIIlelIt is
sipe4. uetpl as othtrwue IWI4 III Ibis ap1!e-. .~ QqlllN. lI1l:IIIPle. mI. pmotl&I or
IlIlted. shall t.IoGS ro llusbaDd. Wife 11mvet' wllV<fl all npt. lltle. ~ and clalnl to lolly sucll
~~ propcm ..\.11 Lul4s of ~1'11 acqwrtd by ...,rt after Ibis ~tmft:l '5 11pd. t'::tplli
~ mttd III Ibis :tjlWM4t, ~ ~. ~. ~ or l!\lud. lbll ~ Ie ,"Ii!
H..It liIJ IlilIItvtr "'1I\fl1ll nCk 1ltIe. ~ lIIld daalollO uv Mil Wr'~ ~,"?",/f, ~'"'"
3IId ,"It... 10 tH~'.lle. x~~ lIIld ;k!httr 3Ilv * all JiX_ l)t,euai'" to >f.l" tl'f<<t 10 Ilill
":V_ol~1O ~~ ,..,,..
httt
17. REAl PROPERTY; Husband and wife acknowledge owuenhip of real propeny Icnowu:lS 414 Cherokee
Drive. Mecb:laic:sbllri. Cumberlaad COUDty, PeDDSylvania (stipulaled gross value of ODe bUDdred seventy
thousand dollars). Husband shaI1 have exclusive possession and quiet enjoymeal vis-a.~ wife of sucb
re:tl property. Al the time she signs lhis agreemenr. wife shall execute, aclcnowledp and deliver to
busband a good and sufficienl speclll warr:mry deed graarinll and coaveyiDw to busband all of ber righr.
lille. interest and claim (lItcludiDC pre$elll and future riCblS arisiac by virtue of 1IW'I'iap) in sucb re:tl
property. Husband and will: fllnber ackDowledp owuenhip of real propeny IcnoWll :IS 1601 Markel
Screel. HanisbIq. 0auphiD CoUDty. PeaDSylvania (stipulated cross value of forty-live thousaIld dollan).
Allhe time she sip this qreetnenr. wife shaI1 execute. aclaIowledp and deliver to b1l."h.'1ll a good and
sutllciclll special wamDly deed craztrinc and coaveyiDc to lJ'I$'-d all of her ript. lil1e. immsl and
claim (iDcIudiD& preselIl and IIIllIre richlS arisiDe by virtue of matriap). Wile waives all claims to fair
ftlIcal value. iDcane and profilS from both of lbe abovememioaed raI propcnxs.
18. DEBTS: Husband ..~II.x4lS dial be bas IIIlC and willllllC incur any debt or obiipllOll lbr which wife may
become mpoasible. HJ"'~ apes to iDdema.it'y 3IId hold wife IwmIess from lit}' debt aDd obIipnOll
iDc:wm1 by him. excepc as odletwue !Wed ill this .~(~n<:1I1. Wife re........ut. !bar sbe bas IIIlC IIId will
DOl incur lit}' deb! at oblipl101llbr which busbaDd may become respolISible. Wile acren to illdenuut'y
3Ild bold busbud barm1ess from any debt 3Ild obliplioD IIICUrftd by her. excepc :IS olberwise swed lit
this ~cemtlIl. HusbaDd IIIIZlIds to pay lbe filllOWUlC <kba; Mortpp oa .& 14 Cherokee Onve (Iell
lIlousaDd 4clbnl: ~onpc. 011 1601 Markel Street Ilhiny-llve "'00..,...., dollars!; lolall 011 Mercedes
Bellz (tbIny """~~1 doUanl: loID QD Hooda (fIve lIlousaDd dollanJ; Poly Ctilllc lIllIptll.l bill t_
W'-~ lite IlllDdred doJIanJ. 0raaI bills tfWO lbou.saIld doIbnl; loID 011 ~ Baury SuwlY
(fltleeD *. d doI1ars); and loID QD ScvtlII: s..c {tllsty r.llousaDd dollanl
19 TAX UltrlL'IS Husbllld aad wtR JClft 10 lilt JOlin U1Came laX _ lbr 1:1.1 year 1995. Il<'~
and "". IIIaIl ,~me .. flIIAt accwue ca.1 re-. aad sballll'CIl 3Ild IIth>!!r llIaecflSll'Y 4oc:_
...,l!IIa ~l\Nr ':.&\ bIlun ,lfa~ b! lhe Ilt!ltt
:0 lUlEA5! O'Ul \t.~.U IUGHTS Ct..~ ...''tl 08tlG.", noNS H.lt"-lllld...it ~I)f
m4 ~h ~J.t_ lIIW lln..r 4lii:!/.atp tXlI ~ MI4 1M _ <>(.. ~ hftl .~ aad "'I
,1_ !tot .lI~t_ ..,"IdaI ~ ~y ~ h!'t. aI~, ~ 'O-t,., tqWtltt,
.tl~~ d' ...ar!31 pr~t)t''T' .lIl<I1~ht<fi ,~I "'n ~_ t.~. ftllr._ IIDdtf ""
~..h..~ P"",,~. ,~..... .l.tI4 11'" .~ ..'it'" .~'- w ,)bh~_~ *"'" elM ""'-ln~
I"'ftt '
relationship, except as speciftc:tlly reser-oed in this agreemellt. Neither bll3b:utd 1I0r wife sball have lIIIY
tiibl. clalm or obliprioll to the other !lOt expreS$ly set fonh in this :Jgreemellt.
21. RELEASE OF CLAD-IS AGAINST nl:E ESTATE OF nl:E Onl:ER; Hll3baDd and wife absolutely lIIId
lIIlCondinona1ly release and forever discharge e3tb other. the beirs. penonal represelltaDveS. assigus.
pillpen)' and eswe of the othu ftom lIIIY lIIId all niblS. cWms lIIId oblipziolts arising out of the marital
relationship including. but !lOt limited to: dower; cunesy; widow's lIIId widower's riiblS; family
exempcioa or similar allowmce; iJtr.eswe rights; eleaioa apiJtst spouse's Will; riibllO !real a lifetime
COIl~ce as testamellWY; IIId all other riiblS of a JUrVivillg spouse 10 panicipaze in aDdIor receive lIIIY
pft or belleftl &:om a deceased spouse's eswe in lIIIY jurisdic:tioa. HusbaDd lIIId wire waive lIIIY
appoilllmelll or riibl 10 serve as persoaa.I represelltaD\"e, guanlillll, tnISlee. or amomey-iD-fxt for the
other. except as stated in this agreemelIl.
22. GENERAL RELEASE OF CLAIMS ",...on CO~A.'lT ""OT TO PROSECUl"E OR INmATE
LmGA TION: Except for the rights IIId oblipl1OllS expressly swed ill this ~ lwsbllld aIId wire
fllRvw. absolulely aIId UIlCOIIditioaa1ly release aIId discbarJe each other from uy IIId III c:auses of
IClioa. claims. rights aIId oblipDoas wbatsoever. Funller. husbaDd IIId wtfe qree lIOC 10 prosecIIle or
iIlluare DY liIlpziott. CIVIl. aimiIlal or odterwise. except 10 eulbrte the nJllIS aIId oblipnoas comaiIled
aD this qreelllCllL
:3. RESERVATION OF ct.~1 FOR OrvORC!: HIISbIIId aIId "~fe muve the ngbllO clatm a lIOoQult
divor.e apiDsl the odIcr.
:.. POWERS OF ATTOR...."EY: ~ aIId wlre ~oke all powen of ~ aD die edler. except as
crated III this ,"'emmal. HusIIaad IIId Wlre sIIIII DOl eXem5e uy power of ......lls~ JDIIll!d by the
OllMr. extepC as aw$d III lilts arrwemem Al the ame slte 1IJ111 this ~ ",re aena to eXeQIIe.
a;:laIc"leq. aa4 .!f!".fr a ~ 4I.nble P<l'"tf oJf _Y a.IIlIUllllusbaDd as ber _Y'III-I':\.:I.
''''lit acren .\tf to ~YOte Nell pcwer of .'IftQr.Wv
:'~omON.U ~snl"\lI:-"TS HId~'" ..,If wn. ..'ltlWl ~ ,41lleMin &l\tr.tcltutld by
the.)tW. nftUle. atbooo<tedJt IIId .!f1l_1O tlllt <Jtkr or tIW ...u or''''' ~ Mv IIId a1ll1ttUwr
....x_ at ~ ~ MaY "" Pl!qllft\I to .,-. l'\oIl lbrI:t at el'fF.1 to !lot Fftl~ of ws
1(!4..~_
"1~'"
26. OPPORTUNITY FOR INDEPENDENT LEGAL AD..'CE: Husbaad and wife 3l:knowledge tIw !bey
have bad a full and fair opportUllity to obt3in illdependent legal advice concerning this agreement. Ihe
PellllS)llWllia Divorce Code. and !beir olher lep! rights. ftom cOllllSeI of!beir selection. Husband bas
been iIldependently advised and tepteSellted by 0aIIII Jolms, Esquire. Wife has chose11 to tepresent
herself ill !be negotiation and signing of this agreement Wife acknowledges thal 0aIIII Jobus. Esquire is
not ber allOrney. Wife ftatber 3l:knowledges thal 0aIIII Jow. Esquire bas not and c:azmot give ber lep!
advice.
27. CONSTRUCTION OF TER.'ofS: Any tmnJ of this agreemelll deemed to be ambiguous sba11 not be
c01lSInIed apiIlSt husbaDd, and ill favor of wife. Ralber. tmnJ deemed ambicuous sba11 not be COll.SIrUed
for or apiDst eilber party.
28. INCORPORATION A.'lD NON-MERGER; This 3gl'eement sbalI be iIlCOlpol:lted ill any divorce decree
wbicll may be emered ~-eetI dle pcUes. ~r. this ~ sbalI not lIlerJe ill illY such dea'ee.
but sbalI survive my decree ad maaiu llmdiDI ad c:oac:luslve 0lI1msbud ad wife for aI1llmC.
29. NON-WAMR OF DEFAULT: Tbe failure of Imsbud or trife 10 iDsiSl oa Slrict pcr1brmaDce of my
rmn of this ap-eemm slWl ill IlO way effect !be richt of illY pany 10 etlforce this apeemm
30. Sl.'BSTA.'lT'IAL BRf.-I.CH: Tbe panICS iIltelld tlw nelI if a toun of competetlt J1IIUdictlOll slloIJld
dclennitIt thal a subswltial bmcll of this ap-eemelll would J1IS!lfy mcissloG. llIlI1if1canon. or voidiDa of
dle etlllnl qreemellt, this ..-_ shall teIII&iIl ill t\1JI fon:e ad cft'tct. R1allU ad ~s of
mcissIoG. llIIIIidallClll. ad YOIdiq this acmmeal n upmslyad fort_ wlived by bII1bIDd IIId
trill!.
31. L"l'FOacL\CENT: ",,11.. I and WI. end to _ and _ all nallU 10 eIIftr.t du$ acn1mtn.
lIlIdtt tIw 0I1101'CI C" IIId 0'IlNt'wue Tbe III<<ftIt\oi mJbmor tIIaI1 be tI1lltltd to "l/lIlluntmetlt Ibf ll1J
or bet IctIIal _y fftt and COIt$.
n CHOla OF L.\WS ihis ~ slWl be _.....<",,1 lIDdIf tIw la.., at tie C_..-nltIl of
~hau. Tbe ~ ...s lllaI I'a. III _ I'l'llt !fW ~ or NIl oJf ItwlII _-. ~ Peu1)'h...a
dle apU1lltM lUll be 1II1U);1!!,4 ~ \tie ,'"' oJf "'_~h_ It11l'lIlim oJf ,,~.. .-
lIl'cl'fl ~ _~... ~~. t\\k".I~...!lt Jot ~l\~ \ll ~'" ..~..t
~ntl ...~ Jl!'J ..,.. iIl>>>1 "' ,~~J '" m. c_~' c............'" !":".IIi i1( L'f\ C,~.
,..
PeansylV3llia. Husband aDd wife hereby submil 10 Ihe junsdicnoD of the Court of CommoD Pleas of
York COUllty. aDd waive jurisdictiOD io every olher folUlll. for purposes of my md all IinplioD
coDceroioll divorce as well as any issue addressed io Ibis agreemeDL
33. BINDING CONTR.-I.CT: lbe rillhrs 3IId obliprions of !be pames WIder this apemeDI ibaJl be IOR_
bLDdinIl 00. md shall forever ioure 10 !be beoelit of. !be parnes aod !bear respecnve belrS. penoul
represetllaDves. eswes. successon md asslJlllS.
34. PROVISIONS NON. MODIFIABLE BY ANY COURT: lbe pames iorend tbaI ail temlS of dIls
agreemetIt shaLl oever be modified by my COlIn.
35. SEVERABIUTY OF TER.\IS: III !be eveDt tbaI my term of Ibis apemalt is detemllllfd by a COIII1 of
COtnpetelll jurisdic:lioa 10 be iovalid or UIICIlforceable. tbea OIIly tbaI teml sball be smckm &om dus
~ III a.IJ Otber respecu. dus apeement sIIall ccalUlue ID Aa1I force md bulduIl etfttL
36. INTENT OF THE PARTIES REGARDING SPOUSAl St..'?PORT. AlIMONY PENDENTE LIT!.
AlIMONY. COUNSEL FEES AND EXPENSES. ."-'lD W..JVUS THEREOF HusbatId aDd Wl~"-
tIw tile tmnS CODWlliDI spousal SUWOft. a1imOllY peodlC1lte llle. :alI/1lO11Y. '_I Ift<s aDd ........
aDd W3IYftS tbeftof. .In! "t'I""I".ate Wltll due COtlSlderahon ,,_ to rtw fol~ rxtors. relan\'e
e:lflllllp IIId atlIIllt c~aes of !be pamn; II" md pbYllal. ",eoul aod emorlOllal ~nou of 1M
parnes; IOIIrcCS of iDcome of botb pattin. mclu4ln1 bul DOl IUlIlted to medial. muemnt. 'D___ or
odler _/Its; tile npectlllCies aod illbentaDces of !be putIfl; Ille 4unIklII tll lbe ~. 1M
coatn~ by Ollt pII!Y to Ille edIlcmoa. InIlWlI or IIlCmMd _. 1'0'"" 01 Ille DIlIIf pII1y. Ille
weill III wllidllIIe -. powv. e,llftRS or fttto1IIaaI obhpaau of. pII1y wtll be alfftlltlt by _
of -. as ~... 01 . _ dIIld. !be IWI4II'd of Ii.... of 11M pamn ntalIllllled 4wuIc 11M
lIIImIC'; die relatl.e edvarIon 01 die plII1Jel aDd dIf _ IIfCtIIII'y III J.:4'Uft fllll'lneat tdIIc_ '"
tnllWlJ III flIabIe tile lItn) _IuaW ahlllOllY 10 l\Do1 ~pnaIt ftllplo_. 1M !'tIMI" _ ...
habdtnts of dle pllIlleS; dIf ~"' llftNtbt _ lIle Illal'mCt "" fltIItt P'II"'. ... ._-.. \If a
.,... II. ~ dle ttbn.e _ .:It. tb4r pamn, ... ",..l01I "\I~l o>t fltllltt ~ ""'" IU
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II) P'O'. fi:lt r..~ ll~k 11mb. ..MltItt IIle .,.,.,. .$ .....,.....,'" OItlf-1lIfplOl ~ ."lJIflloW
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11lIIa ~""CII. W1IIOI 'D.A.'ISPU IS DDCPl' PIICM tHlllALTTlW.AlG1D TAX.
wtnlIIS. - . . or _ _ CSIMl .. _..... .. _ _ io M-,
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H
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..
WTTNESS
HAl1E
JEAN YONG SOL
BY MR. MILS PAW
RYJ.tTRTTS
DIRECT
3
"
CROSS
PT.ATNTT1="F'~ DEPOgtTT()N RXRtRTT NO. PROOtTMm A.Nn MARfnm
6, ACCEPTANCE OF SERVICE
32
5
1 uncil ~rs, Lamberc cranslaces ic for you co ensure chac
2 you underscand the question?
3
4
5
A
Q
A
'les.
Mrs. Sol. where do you presently reside?
414 Cherokee Drive. C-H-E-R-Q-K-E-E, Drive,
6 Mechanicsburg, Pennsylvania, 17055.
7
8
9
Q
A
Q
10 correct?
11 A
12 Q
13 A
14 Q
15 A
16 Q
17 A
And what is your social security number?
203-58-8977.
'lou are the wife of 'long Hwan Sol; is that
'les.
And when were you married?
April 25, 1977 .
And where were you married?
Korea.
When did you come to this country?
1978. September. 'lou have to ask day too?
18 23rd, September.
19
Q
20 States?
21
2Z
A
C
23 verbal~y~
:4
A
;".::~~::; :~;1:'
Are you " naturalized cltizen of the United
Yes.
?lease descri~e hcw ~ll yeu understand English
S~e :~s: ~~ders~lnj ~~s~ a ll~~le b~'l:. but
A~j :~~~ ~~~ :3~~~~ 3~~~~ ~~:: ~~~:lah
,
Q
When was the first time she saw this document?
You're talking about this sign or the whole
The whole paper?
When you send she saw.
Okay. Same questions for Plaintiff's Exhibits
7 4 and 5. two deeds. Turn to the second page of each. Is
8 that her signature?
2
A
Yes.
And look at the second document as well,
11 Plaintiff's Exhibit 5. the second page. Is that her
3 paper?
4
Q
12 signature?
13
14
5
A
Yes.
When was the first time she saw these two
15 documents completely?
20
6
Q
~3 ahe slqned .- that she signed the name on the.. document.?
:.
:~
9
A
10
Q
A
Q
A
0
A
Q
of 1"'?
A
Q
,\
.~
...
Yel, only ti~. ,he li~ed it. r.br~ary 22nd.
:i~.rt:~d .he J;"~:: :::.'! -i,~C"..,~~~:_,:
1
A
2 office.
3
Q
3
Husband lawyer, front of that counter in
Her husband's lawyer. Mr. Johns is present
4 today at this deposition. Was he there when she signed
5 the documents?
Ii
7
A
Q
No, she didn't see him.
The woman who was here this morning, Mrs.
8 McElwain, was she present when the documents were signed?
9
A
She can't remember exactly face, but she
10 remember two person there" two person there.
11
Q
We tock the deposition of Mrs. Kerrick two
12 weeks ago in my office, and Mrs. Sol was here for that.
13 Does she remember that Mrs. Kerrick was there?
14
A
Q
lS
16 :here?
17
U
A
Q
She remember white female, was two tnere.
She remembers that two white females were
t:m-hum.
But she doesn't remember Mrs. Kerrick
1; .pecifically either?
;to
It.
She didn't really... it directly her face to
,1 reme~b.r. So she cannot exactly remember her face. But
:: two lady v.. there.
:3
Q
Prlor to the tlm. t~~t sh. .1~.a all th...
:. ~C'"<:\.,.-.:\"';J ~,11 s,~@' $.~:'! 1.....\. ~,~ ~~t!s. de~~.J~t!n~. b4fo:r\t~
~
~~"~:
14
,
*
A
She knew that -- she knew that was d~vorce
2 paper, but he scare her and then she frighten her to have
3 to agree this before she come in the office.
4
Q
Okay, First question, she knew it was a
5 divorce paper?
6
A
She knew that.
7
Q
No, you ask her. Mrs. Sol, you knew it was a
8 divorce paper?
9
A Divorce paper, she It."lew tha t , she knew.
Q Well, who told her it was a divorce paper?
A Husband, her husband say it during the fight.
Q Other than saying it was a divorce paper, what
else did he tell her chat it was?
10
11
12
13
A
When he talk .. she hear from husband, buc when
lS he ask her to sign this paper" she .- he thought about
16 give her a chance, thinking, why are they going to discuss
17 about back marriage together:
lB
He say just. sign this paper. And: think
l~ about it. and then r'm going to destroy all this paper.
2C That'. whac he calked to her into,
~,
*.
--
..~
,n
.. .
~..
~~
~
..
: want to get a lit::. ~r. specl~~c about what
she knew :~:.. :icc>",;-men:. S.alj. ~cw
A
She dcesn't ~"lCW any:hlnq .bc~t the cocument,
j~f! ~~':U';~: ~f :'lS~ 1C'lred htr
.~~ ~~~~ h. 1~s~ ~&l~~d
~~ ;:'
..,...
... :: ~ :: :' ~ :. \~~
::-:.1': . j. ---Ii!'..!:
.
~~,:: '..5:
:.: -....'"
18
19
1 home, all their personal property?
2
A
No.
3
Did she know that under this agreement she was
Q
4 giving her husband complete ownership of not only his
5 business, George's Beauty Supplies, but also her business,
6 Seven & Seven?
7
A
No.
8
Q
Did she know that under this agreement she was
9 waiving her right to any support for herself from her
10 husband.
11
A No, no.
Q Did she know that under this agreement she was
waiving all of her right to any of her husband's life
insurance policies?
A ~o.
Q Did she know that under this agreement she was
deeding her real estate at her home to her husband?
12
13
14
15
16
17
A
No.
Q
Did she ~~OW under this agreement that she was
20 deeding to her husband the real property that they owned
21 on Market Stre.t in Harriscurg?
.~
.....
.3
A
~o.
Q
~ld Ihe ~~cw that 10 th~1 agreement Ihe was
:4 w~lvln9 .verf f11ht she had to ~ake any clal~ a9a1nst hl~
=~ l~!iJi.:1'; :-'.~': -:f :~1f' ~')=:;'.J:;'!'"
1
2
A
Q
No.
r know I asked this question before, but I want
3 to ask it again. Did anyone review any of this agreement
4 with her prior to her signing?
5
6
A
Q
No.
When she signed the two deeds, did she know
7 that she was signing deeds at the time?
8
9
A
Q
No.
I want to move on to the subject of her saying
10 that she was scared and frightened. Tell her that's the
11 subject area I want to move into.
12 What happened in February in the weeks
13 immediate~y prior to her signing of this agreement?
14 Stop. I want her to say it in shor~ phrases so you can
15 translate and then have her go on,
16
A
Yes, Febr.Jary, Februarl 3rd, February 3rd her
17 husband hear from somebody about here, abou~ boyfriend.
18 00 I have to explain all this exactly?
19
Q
Yes, please.
20 A Okay, She -. her stere has another store
21 upstalrs. stert. They always confuse wlth buslness with
:: her. ~~d :hen they :ocklnq ~or her !~rc..
~3
Q
A
:4
~n.ytre :~04ln9 t~r her f:r:e?
S:~~:~i~q !~~ -3~~ ~~4~~~~ tnd ~~~t day .~e
F'~: $:~t! "" .:-!:- ~-1~~ -._,;4,1,~ --:\": <:~}l.
17
:0
1
A
That was customer, but they acuse -- they make
2 a story. her boyfriend. That's what it is.
3
Q So the neighbor told her husband?
A Urn-hum.
Q That she had a boyfriend?
A Urn-hum.
Q That was a customer?
A Was a customer, yeah.
Q Is that true? Did she have a boyfriend?
A No" no.
Q When her husband was told that, what happened?
A So she ask him what I did wrong? What's matter
with you? And then he said, you went some man's home.
4
S
6
7
8
9
10
11
12
13
14 That is very wrong. That's -- yeah. That's all.
lS
Well, he won't even discuss. He doesn't want
16 her side of the story or -- he didn't give her any chance
17 to talk to him. And then he just talked to himself.
18
! 1t.'10W wlat you did there. I am not going to
19 forgive you. And then starting to lave big fight.
Q
So this all happened when she returned to the
21 house. and he was on the phone with his brother'. sister
22 olding a ~~n to his head?
:1
A
irether vif.>
:.
"
'"
9:~t:-;.:.. Wl.~~:
.:s
A
.~.""'!' ~;"... ~
21
1
Q
And then he said to her words to the affect, if
2 I don't shoot myself, I'm going to shoot you?
3
If I don't kill you, I'm going to kill myself.
A
4
a
And then she said, what's the matter? What's
5 wrong?
6
Om-hum. What's wrong? And then he say, I know
A
7 what you've been doing. That's what he said.
8
And that's when he told her what she just
a
9 testified about?
10
And then she said, let me talk to you. Let me
A
11 explain to you. And then, I don't even want to hear from
12 you.
13
Q
Okay. I want to get these questions from Mrs.
14 Sol now, What happened next? You said that Mrs. Sol said
15 that they began to fight. But what happened? Describe
16 what happened.
17
18
19
20
21
A
So after that, and then she try to talk to him.
And then he get starting wire. And then very angry, and
then starting beat her up and choke her. And he get a gun
to her hand and then point to her to kill yours.l f .
! want l"Ou to it:.::' . , You did it wrong.
~"Ourse.l. _ .
22 and: wa~: you t~ Kll: you:lel~. And the~ i: ~~U don't.
23 r'm going to glve you t~r.. enolce,
:4
ilr:.l~ .:h~ic~: Y:~." - : "I~: :/'c'..:. ':~ .:J~cij-e
"(::;~: J~ ~ ~
~ ..- ...............
-... ... ~, ... ... . , ."j,
J"l: :::':-~
~_... . ....
-"" - ... -,.
.1, _ail:,:
, ~..... .
:...... "'..
10
11
12
-,
,,~
1 he shoot her.
2
Q So she never hit him?
A No.
Q Were the police called?
A And then -- then during that time --
Q Were the police called?
A 'les, sons, her son saw, and he called the
3
4
5
Ei
7
e police, police.
9
Q
Did the police come to the house?
A
'les.
Q
What happened then?
Okay. When police come in, and then Mr. Sol
A
13 tell the police, my children coming in late from school,
14 so we just have argument with my wife. I just translate
15 what she exactly tell me.
16
17
18
19
Q
Oid she talk to the police?
A
No.
o
Why not?
A
She thought there was just -- just all the
:;: 0 arqument she used to do in home. And then she didn't
~: kncw_ He belleve all ~h&t neighbor say, and then cause
2: al~ this bli pr~blem l~ke :his. ~ha:~. why.
:3
:4.
..
Q
Yc~ ~ean tn.s was not tr.. flrst tllM! they had
in ar9"'J.'1T'en'::'!'
.. '-"'~"
... . -:$~"'"
ti~-! :!'tl.(
,\
.'".
:":. ~"flt:sa
..
...--":..:"'t L::~s
;::l:"".y
10
24
1
Q Had he h~t her before?
A Yes.
Q Had he choked her before?
A Yes.
Q Had he gotten a gun out before with her?
A Yes.
Q Why did she never do anything about that?
A Because she want to keep the children and keep
2
3
4
5
6
7
8
9 the marriage together. That's the reason.
Q
Was her husband intoxicated at the time, drunk
11 at the time?
12
13
14
A
Yes.
Q
What had he been drinking?
A
Korean wine, his name is Soju, S-Q-J-U, like a
15 very strong liquor.
16
Q
Does he usually, or is he usually drinking when
17 they have fights like she just described?
18
A
Every time they had the drink, and then they
19 fight.
20
Q
And does he get angry and raise his voice with
:1 when they're fighting like that?
2:
A
Yes, he'. attitude is real rotten, kick the
~) door, And then klCk :~k. :hat.
2.\
,..,
'"
1cu me~~ he ~icks :~i~gs i~ ~h~ heuse :hen IS
:: '.if:...
13
14
15
16
25
1
A Urn-hum.
Q Kicks furniture?
A Door and throwaway.
Q Throws things too?
A Urn-hum.
Q Does he throw things at her?
A He throwaway the iron to throw away to her.
2
3
4
5
6
7
8 chest of drawer mirror so that mirror and just broken to
9 piece" and also door get broken too.
10 That's -- this is not February 3rd. before.
11 1983 she went to the court one time. Why? He been doing
12 this a lot. so 1983 she separate. So they went to court.
Q
They went to court in 1983 for what reason?
A
Just she went. r think she went by herself.
Q
What? To get a protective order?
A
No. r think -- she had so much hard time with
17 him. That time -- that time he got the girlfriend all the
18 time. And he didn' t come home. And then her children was
19 very sick.
:0
So ~.
.he went to .sklnq help, That time
2~ she used t~ :lve in ~hamberscurq. So she moved t~
~2 Harraburq,
23 Q S~ they ..parlt.d. and she ~~ t: Harrisburg
=4 wtt~ the =t~:1r~~~
.:~
~
-. ~,-'-
.~-...
$....." :~Cl...:;::'": :..: J~-,t~-~..,~~: !t"';~ ':.~:~r" a~d :~.
28
A He told her. if you do what I say, and I will
2 consider forgive you adultery. And then she just keep
3 begging" that's nothing happen. But he won't discuss that
4 at all.
23
be okay.
Q
A
Q
A
Q
A
~~-hum. Only: can translate. That'. all. If
:4 . :~11 !~U my !~elin; arcut WhAt ..sume, r can .x~l.ln
... ';:'.!::~r. '::'~:
22
:~
29
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Q . don't want to know what your feelings are. I
want to know what her feelings are.
A That's what she say. So she didn't have any
choice. She just have to do it. That's what she keep
trying to say.
o She felt as though she had no choice?
A No choice, um-hum.
o Ask her that specifically?
A Um-hum.
Q The answer is yes" she felt she had no choice?
A This is a very strange way that she say yes,
yes. What that means, that's a no.
Q Well, that confuses things even more, Mrs.
Lambere. What I want to know is, did she feel as though
she had no choice in signing this?
A If she didn't sign it, she can't -- she cannot
way he treat, way he fight, way he threat. She couldn't
stand it. So she didn't have a choice to sign this.
o Okay. I now want to ask her about how the
finances were handled in her family and in her business.
Tell her thlt, wlll you, please?
A He -. she work the Seven' Seven st~r., She
worked there. And then she make money, And :nen she
2)
every day Ihe tske t~ husband, And husband eake care of
!:~ ~:~A~:~i:
30
1 So she doesn'c have anychlng abouc che
2 financial power ac all.
3
4
5
Q
A
Q
So for her business
Yes.
.. her husband took in all the money and paid
6 all che bills?
7
a
A
Q
Yes" take all.
How about the monies from his business? Did he
9 handle all the finances from his business?
10 A He got all that too.
11 Q How about the monies from the Market Street
12 property? Did he handle all that?
13 A Yes, Market Street -- all.
14 Q How about all the family finances for the
15 house, the residence and the family? Did he handle all
16 the family finances?
17 A He always suspicious acout financial too, 80 he
18 she make every spending money she wr~te whole things"
19 and then give to him all the time. every week. That's
:0 what .he spent l~~. gas. and then pay to employee. and
~l thlnqs like tnat.
22
C
A
~J
:4 h~v~ Any
.
So she doesn't have any po~~ to ~n.y?
7~At'l wnat ahe', :ry~n9 to aay, She do.sn't
~~ :~~.~:.~~~ .:: :~@ !:~l~=~$ l~~ ~~n.y
:~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
32
there. that language was in there?
A What number is it?
o Page 6. Paragraph 23?
A 23. she didn't know that.
o Her husband. in fact, then started a divorce
action in York, filed it in May. When did she find that
out?
A Well. he didn't say any -- they didn't have any
conversation after February. And she thought he just
scare her to. She didn't know this file, divorce paper.
She find out when she come this office. That's June.
MR. MILSPAW: Off the record.
(Discussion held off the record.)
BY MR. MILSPAW:
o So she did not know that she had been -- that
her husband had filed a divorce complaint unt il she came
to my office in June?
A No.
0 Had she ever received from her husband a copy
of the divor.:e complaint?
A Not even once.
MR, MILS PAW , Okay, tet', mark this as
23 Plaintiff', Exhibit S.
24 IAn acceptance of service was prod~ced and
.~
"rhir<d-d IS ?:l.~~::.f:"$ :~F<;S~':::;r: :::x::-~~tl: N(;.'5.
34
1
A
No,
2
MR. MILSPAW: I have nothing further at this
3 time. Mr. Johns.
4
MR. JOHNS: Why don't we take a brief hiatus.
5 if we may?
6 (Break, )
7 CROSS-EXAMINATION
8 BY MR. JOHNS:
9
Q
We're back on the record. Mrs. Sol. are you a
10 citizen of the United States?
11
A Yes.
Q When did you become a citizen?
A 1983 - - 1983, 1983.
Q And when you became a citizen. did you have to
show that you could speak English?
12
13
14
15
16
A
Then -- then they give to citizen very easily
17 without speaking.
18
Q
Did you have to read English to gain your
19 citizenship?
::0
~,
....
A
They a.k her to JUSt wri:ing, : live in
PennsylvL~~a. So she wrote, I live in. And then
=2 Pe~.ylv.nla 11 a l=nq spelllnq, so she had . hard time.
~3 ~d then he WA1:, .nd he help her to flnlsh that sene.nee.
:4
,<
o
:e ~~U speak any ir.qlish?
A
:LA.f: ;1
~ " .... .. ...
...... - -... ~
c; ~ " .
::.:::"!
..,~
....'"
Mill~:?
2 A She doesn't know.
3 Q You testified that you're nothing but a
4 salesgirl. Are all of your customers Korean?
5
MR. MILSPAW: You mean, were they Korean at the
6 time? There's no customers now, of course.
7 BY MR. JOHNS:
8
Q
Let me rephrase the question. You say that you
9
were just a salesgirl. Were all of your customers Korean?
A No, customers are not Korean. White people and
black people and Spanish people.
Q Did they speak Korean to you?
A They speak English.
Q And did you speak to them in English?
A That much she speak English. That much she
10
11
12
13
14
lS
16 doesn't speak English. They don't speak more than that.
17 That's what she said. That conversation is just for --
18 just business basic English she does.
19
:0
Q
Do you read any English?
A
She doesn't read. She read, she doesn't
2: understand,
~~
....
Q
::'s l~ur testlmcny under oath that you do not
23 read or understand any Eng:lsh?
24
-
......
A
:ust the basic tngllsh she can speak, Not--
"'.."''''1'"''' . -~"t
,"'-...... ~''''..7
3t~ 4~d~=!~lnd :~$~ J~~e=! t~~~_
36
~ So she thought there was other argument like
2 that.
3
Q
Did she understand that she would get $30,000
4 of stock under this agreement?
5
A
'les, yeah if
30,000, she understand that
6 30,000 he going to give to her.
7
MR. MIL5PAW: Were you referring to -- does she
8 understand that now, or does she understand it then?
9
MR. JOHNS: Well, I'm just asking her my
10 questions. You can rehabilitate her. Do you understand
11 that under the agreement you would receive the 1993
12 Toyota?
13
MR. MILSPAW: Objection to the form of the
14 question. It's not specific enough to specify the time
lS when she understood it.
16
MR. JOHNS: I'm just asking her the question,
17 you can rehabilitate her.
18
MR. MILSPAW: I instruct her not to answer it
19 in that form. That's why we have the stipulation we do.
20 So if you want to be more specific. Are you addressing
21 does she understand that now. or did she understand it
22 then?
23 BY MR. ..rCfL."lS:
:24
'Q
~rs, Sol. at :he :1~ l~u siqr.ed the papers on
:; F'~b:-~a:y =;~ :?~~. j;.j ,';;l;),. ~::j-!r):jr:j ':t..a: YClJ w;er~ qo.nq
38
40
1
Q
WhY did she sign the agreement
2
MR. MILSPAW: Let him finish.
3 BY MR. JOHNS:
4
Q
without reading it first?
6 what I say. what I ask. I'm going to forgive you of what
At that time he just keep told her, if you do
5
A
7 all that haPpened. And then nothing going to .. even he
8 told her he not going to go to divorce court.
9 Just __ just you sign it. so she trust what he
10 say. The only thing she did. she said she trust what he
11 say. That word, if you sign it. what I ask you. then I
12 can trust you.
13
Q
HoW uny times did you sign your name on
14 February 22nd?
lS
A
She say abOut three or four copy.
Did she actually sign her name four times, or
16
Q
17 was it eight times?
~~
...
A
Q
n....?
A
~
A
Yeu're talking abOut sign her ~?
y.s-
AbOut thrte. f~ur. And then alae O6e u May
:n
:3
:_ 3~st. ~~y 11 J~ ~:i.~ that ~s t~ ~.1r.... s.l.. Mf
. .
.-'"
-$ ;. :: t~" ',..~'.:~..
l~'. ."A~ .Ioa. ,,",' .' ,~a' .....,. .....~. -f
..";J. ..,..... .....~. t....... .'.,.v"l;iO"'- ...~. r."'I:7.. .:1<0"
15
42
1
MR. MILSPAW: Mrs. Lambert, direct Mrs. Sol to
2 wait for a question before she gives a answer.
3
THE WITNESS: I think she just answers
4
MR. MILSPAW: I understand.
5
THE WITNESS: I want to explain to him about
6 this.
7 BY MR. JOHNS:
8
o
And that is the reason why she signed the
9
papers on February 22nd?
A Yeah.
0 Please ask her.
A Yes.
0 Were there any other reasons why she signed the
papers on February 22nd?
10
11
12
13
14
A
She tried. she tried to talk to him without
16 sign. without sign. She want to get marriage back
17 together. But he just threat her" mean to her. ~~de to
18 her.
19 And then only.. only she can save her
20 marriage, :~st.n what he order. That's what she .aid.
21
"
..
Q
~hat did she say?
A
:! :'m ;Cod :~ hi~. mere good to him. l~d then
;3 more n~~. t~ ~lm~ : vor~ ~r. harjer, h. mi9h: cnange hlS
:..
.tt-::,,-:'~j<! ~-:\il!"::! ~iil!
~~S~'S ~~a~ J~~ .AlJ
,
:, ~.:;t ":
"~ ~-
~~I~~~~ :~r.~~~~~1 ::
I(:':~ . -..'....
.
1 the country, did yc'~ believe that !-.e could do that?
2
A
He say
yeah. She did believe -- she did
3 believe all that, ne say, you cannot have business here.
4 I have power to -- yeu cannot do any business here.
5
You cannot live here, I can kick you out of
6 the country because you did bad things behind me, So I
7 can do all that. I gOt a lawyer. Lawyer tell me he can
8 do it.
9
Did she understand before February 22nd that
Q
10 there are people who work as lawyers who could give her
11 advice?
12
She wouldn't even think that far. She don't
A
13
she didn't even think about getting a lawyer. She
even
14 didn't even think about coming this far, not even talk to
15 lawyer, Because she tried make husband understand. calm
16 down .
17
But did J~e knew that :awyers existed before
Q
19 Februarf 22nd. 1996:
19
She di~,': even exactly thinking r'm going to
A
20 get :.~: or scme:~in9 ll~e that. aut she have knowledge
2l :0+ ~~ew:~~~e :~. =~: she do.snl: ~ant to iet In\~lved
z: wl~~ a :a~.:
il
a,,;;;aIoiS;f ~ a'lt. .:l. d~d.n' t hay. any money. She
=~
i~it':' '::
l"t:...... ..N.....
~..,-- '- ! -~'4-
1~,r .,!~t'".!~- :: :'!:': ) :J'?\r~".~
hl~"~
;'': ~ :1\ :.s
l~'f(.~:-':: t~~ J'~*
....Jti ';-, _:~...... ~.: -~
!.~ t( -~ ':.. -.'" ... ~':'::~~ ~
I
43
1 t~ work for me as a score sale~, and she didn't have time
2 to even thinking this far going co get a lawyer or not
3 like that.
4 She thought if that happen, she didn't have
5 time, no money. So not coming this far, That's what she
6 said.
7
Q
When she signed -- Mrs. Sol, when you signed
8 these papers, did you wonder what they were about?
9
A
She didn't know. but she just -- she only think
10 husband. if I do what husband say so, and then everything
11 be all right.
12
Q
Before February 22, 1996, did you know about
13 the Bisel Company stock?
:'4
A
Before she coming to sign he didn't discuss
~s whac he goi~q to g~ve to ber or no~hin9 like that. After
16 sign, and then I'm going to give you that stock to you.
:'7 Q Sut did she know the stock existed before she
18 signed? Did she ~~ow that there was stock that they owned
l~ before the agreemene was signed?
:0
Yes. yes, she said yes. Every year that
A.
21 company send her the paper.
~~
44
;~
"
~~d did sr.. read th.~ paper and k~ow how much
:1 Jt-~~ I~. ~wn~~
.:.\
>..
?.tp"!' ~ -.. 1t~~r.. ~,a~~~ ::':'~,~ :.:; ~-'!!' h:C'~.~. hUlband
! ,~~ ;.'-
S'-"';"*~:t '",,":>l;~<{:"';'>:;,~~ +,1.::.~~; ;"'~;': :,;.~_'! ~~..':
H
1 lawyer ln February 1996?
2
MR. MILSPAW: Objection to the form of the
3 question.
4
MR. JOHNS: I'll restate the question. I'll
5 restate the question.
6
MR. MILSPAW: I objected to the question. He's
7 going to ask it again.
8 BY MR. JOHNS:
9
Q
Mrs. Sol. why is it that you are not afraid to
10 take legal action against your husband now?
11
MR. MILSPAW: Objection. There's been no
12 foundation layed that she is afraid to take legal action.
13 BY MR. JOHNS:
14
Q
Mrs. Sol. are you afraid of your husband now?
15
A
Now she's not scared like used to, because she
16 gOt own lawyer to protect her legally.
17
Q
Does your husband still have the gun?
18
A
She doesn't know he gOt gun or not. He got
19 safe, his own safe. He always putting the gun there. Now
20 he move all from that safe,
~,
..~
Q
Were i~u ever afrald of l~ur husband before
22 rebr~ary :~~6?
::1
A
W~a: de you ~.an =efor.~
a
,~
.
l!"!~r., ~he a?re.~.er:t 'liAS si']r.ed?
A.
y~s ;~~~ ~~I 3=3r~i
49
51
1 acuse her, she been adultery. If that happen, she not
2 trying to fight back to him. But now she say she have to
3 fight back to him because she want to clear all that
4 nonsense.
5 Q Whose home did she go into?
6 A That was her customer in her business.
7 Q What is his name?
8 A Rich.
9 Q What is his last name?
10 A She doesn't know last name.
11 Q Where is his house?
12 A That same -- same area she working, she have a
13 business. And then her employee -- someone who working
14 with her, she looking for a apartment. So she tell her,
lS oh, this apartment is empty. And then this apartment is
16 Rich live.
17
So she ~~ew that was Rich live there. And--
18 and then one day she go through that town, and then she
19
look at this
she go to shopping. I don't knov what
20 Shopping center s~e talk~ng about, but Galleria Hall.
a And when she drive there, and then she
22 recognl~e that apart~ent that Rich llYe. That v..
U Sept ellli:l4 I' . Tna.t~. $eptell\ber. not February that
24 happened, ~hat was Sept.~r. okay,
:s
.,;-tp':.i"!'ll:er
.." --,...
....,., .~"....
k"", -21...."... ;...........~"b..,." .~..""'..lOoer *t"'r-
.........~~.... ....t<,.-...,.. ....,,;.;...:...:... .......".
THE WITNESS: So that's
she want to have a
2 break time to 8:10. 8:40 she lock the back door. and then
3 she have time to 9:30 to opening. So she just sit down.
4 and then suddenly she think about that Rich. Rich that
5 lives on that corner.
6 So she said, well, I might visit, have a cup of
7 coffee. So she went there. I have to tell all this so
8 you understand.
9
MR. MILSPAW: So the short answer is to have a
10 cup of coffee?
11
THE WITNESS: Yeah.
MR. MILSPAW: Maybe Mr. Johns wants some more
12
13 elaboration on that.
14
'!'HE WITNESS: So she wants to have cup of
15 coffee wi:~ him because he been nice customer to her.
16 rhat'. what she tr/ing to say. But I want to know what's
17 going on too.
18 BY MR.. .JOHNS:
19
20
Q
A
Q
OO.s Rich speak any Kor.an?
No.
All of your conversations with Rich are in
a
l2 !nqluh?
.U
A
Just the balle Enqlilh. They don't have any
~4 =~n~:~t~o~; =ust ~=~lng ~nd go. Just the say hlqh,
.:v.... 1( :.~.:. .:: :~";'$:.::~-e:-
~~ :~~~~1 ~.~ =:=t~l~l ~r ~~~
Sol
56
1 du:i~g =hac 10 ~inutes:
:2
3
4
5
6
7
8
A No. no.
0 At any eime has she ever had --
A No.
0 You answer ehe queseion before I ask ie. At
any time did she have an adultry relationship wieh Rich?
A
o
No.
At any time did she have an adultery
9 relaeionship with anyone else?
10
II
A
o
No.
At any time did she have a relaeionship which
12 was noe perhaps not adulteress. but was romantic with
13 anyone else?
14
A
Q
No.
!s it correct that her husband's accusations
lS
16 are completely baseless. without foundaeion1
17
A
Okay. I have to explain this. This is not
18 your question, but ! have to tell you. When she had the
19 problem with business, like she qot a wrong order from
:0 shoes and something :ike that, and then they ha~
; 1 argument. And then
;: Q Who has an argument?
;n
A
Mr, Sol and Mra. Sol are -. had ar~~m4nt, And
~. when c~st~~er :ot:le :n, Suddenly she turn around, And
"::~~;'; ;:'-!-er: :,:",r; ;''';9': :~<!r :""~:.:..,...y
.~~d the~ h~ 3~S. h~I~ ~hy
57
1 are you nice to them, and then you ugly to me?
2 0 Well. that's very interesting, but my question
3 is this. Has she ever had a romantic relationship with
4 anyone else?
5 A She have a mother-in-law she have to take care
6 of 20 years, and then two children. And with her husband
7 and business, she didn't even have a chance to have those
8 kind of moment.
9 MR. MILSPAW: Nothing further.
10 RECROSS EXAMINATION
11 BY MR. JOHNS:
12 Q That raises some questions on my part. Mrs.
13 Sol, you do recall that you're under oath today?
14 A Yes.
15 Q You were asked if you've ever had a romantic
16 relationship that was not adultress. 00 you understand
17 that?
18 A Yes.
19 Q Isn't it true that before you were married, but
20 while you were engaged to your husband that you had a
21 relationshlp with a man that resulted in you becoming
22 preqnant?
23
MR. Mr~SPAw; Cb:ecc1cn. It's irr~levant. And
:4 It clearly.. my ~~est~cn was di:.~t~ durtng the period
.:~ w~'t:'t .~.. W'll ~.)rrl.'j, a:-:.-j :~~ ~.,r::d ..~ 1~e$:l~nlr.9.
r-
-
,
,
.,
IN THE COURT OF COMMON PLEAS OF YORK couNTY. PENNS)''l V ANIA
YOOi Hwan Sol
CML ACTION - DIVORCE
Y.
96-!lU. 0 ill fJt. - O~:JJ
JcaDyouDi S, Sol
ACCEPTANCE OF SERVICE
I accepc acrvice of lhe complaiJll ill tbe Ibove-capcioaed IIIIIlCr 00 behalf of JcaDyouaa S. Sol, IIId certify tbat I
IIIlIlltborize 10 do 10.
Due:
si-
t
31 1-5'
youDI . Sol
\D c
...
'" ...,
,..., Sa
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:~~
. CC~~y
, 1 JEAN YONG SOL, IN THE COURT OF COMMON
PLAINTIFF . PLEAS, CUMBERLAND COUNTY,
.
2 PENNSYLVANIA
V
3 , NO, 1175-SUPPORT-96
,
YONG BWAN SOL, ,
,
4 DEFENDANT
5
6
7 DEPOSITION OF: YONG BWAN SOL
8 TAKEN BY: PLAINTIFF
9 BEFORE : DONNA E. RICHARDS, RPR
NOTARY PUBLIC
10
DAT! : NOVEMBER 22, 1996, 10:03 A.M.
11
PLACE : MILSPAW , BESHORE
12 13Q STAT! S'rRBE'r
BAlUUSBURG, PENNSYLVANIA
1
1
APPEARANCES:
1
MILSPAW , BESHORE
BY : LUTBER B. MII.SPAW, ISQUIRE
1
FOR - PLAIJlTI FP
1
DAD JOHNS, ISQUIIlE
1
FOR . DlSnNOAN'l'
2
2 ALSO PRESENT:
2 IlEUM LOUX
ItIN U-~loCURT. ItrTlF?RI'rU
2 UK UBlARD. IlfTU PRI'rU
JEAN toNG SOL
2
2
,.~.hltt~J*I* ~Smn d.c.
,,~, ~ ,.-r".. ....~~*'~ltlIIt'l ill d>..,,:,,:
"",...,~~,~:U~ '..~'~.i~"J" i,.~-...."\tit)i~~'
1
Q
For purposes of ehe record, Mr, Sol, ehere are
2 several questions we may have to ask that you already know
3 the answers to, but we are making a record for ehe
4 purposes of these court proceedings in Cumberland County.
5 Mr. Sol, I want to show you a document which
6 has been previously marked as Plaintiff's Exhibit No.1.
7 Repeat that to him. I'm showing him this document that
8 was previously marked as Plaintiff's Exhibit No.1.
~ 00 your best to translate the questions as
10 literally as possible, word for word.
11
A
I can't speak English, I can't read
12 (Discussion held off the record.)
13 BY MR. MILSPAW:
17
18
a
20
21.
22
21
.:.
"'e;
Q
A
Q
101
A
Q
A
Q
A
Q
A
~
.
Yes.
And is that your wife'S signature on page 101
Yes.
Did you both sign it at the .aIM tilMl1
one t iM . .an t illllll .
W~er. did you Stgn enl. agreement?
~~. John's office,
~lt;~ :-: r..f:l:t'=~$ .:.~ 'aL13 s:.;ne-d ~n::-.~:r-..ar:: --...
1 1992. Was that the day on which you signed it?
2 A Yes.
3
Q Who was present when you signed it?
A Two lady was there all together.
Q Two ladies in addition to Mrs. Sol?
A No. third, all together four people. Two lady
in office, Mrs. Sol and Mr. Sol.
4
5
6
7
8
Would you please describe the manner in which
Q
9 the agreement was signed, the manner in which his
10 signature was obtained and her signature was obtained?
11
A
Office -- he get up 8:30, 9:00. He -- 9 or
12 9:30 he went to there. and then they signed together.
13
Prior to going to Mr. John's office. had he
o
14 received a copy of this agreement?
15
He didn't get that paper. but they -- they
A
16 agreed each other.
17
Okay. He must permit .. he must answer it.
Q
III permit her to trar.slate. and then if he wants to give a
19 further answer,
::0
He didn't qet that paper. but he disculled with
A
..
"A
his wife all about thlS.
,.
.....
C-Kay. : wa.~t. ':0 ask ;uar. about. th.e f It'.st pare
Q
:J
of Ius &II,...r,
.... .~ ;..
.... H.:.:n
t.~lat .
:s .t .:orr1tc:
thA: yc\;, did
4t not recelv. & cepy of thl. doc~~r.t untll you ~ct to Mr.
l" :::'::":"l dL:<!! ~::..~ ;t\,-
.
.
A
He made all c~e paper, I don'c know what that
2 means.
3
Q
Let me ask the question again. When was the
4 first time you saw this agreement?
5
A
He say he -- he asked, did you see this paper?
6 Did you see this paper before you go to office? He say he
7 saw it.
e
Q
When did you see it?
9
A
He didn't remember.
10
MS. REHEARD: He doesn' t understand, I don' t
11 think. He doesn't remember exact date. Somewhere in the
12 middle of February.
13 BY MR. MILSPAW:
14
Q
Okay. I understand that he has indicated that
15 he talked about the substance of the agreement with his
16 wife prior :0 this dat_, and I'm going to be ..king him
17 some questions about that.
18 But I initially want to ask when he first saw
19 or received a copy of this agreement, and then whether i:
20
wa. pr1cr :0 rebruary
..
....
Or was the first time he .aw 1:
21 on the date he went in to Slgn 1: having had discussiens
22 with hiS attorney about wrAt should go in it1
H
MJt. JC~$: :'", qol~9 to OCj.i:t to the to", of
:4 :h. ~~elt~~n,
"'t,
.-
~~ ~: :.S;',~it
..... ..S:': ... } :T:4ttt l:C~
7
~o
a
2~
=l
:.
1
2
3
4
S
6
7
8
9
10
11
1~
13
14
lS
16
17
18
MR. ,JOHNS: I believe i: was asked and
19
answered.
BY MR. MILSPAW:
Q It wasn't a question. I'm trying to explain
for the interpreter so she can in turn explain to him the
direction I want to go with him. Mrs. Lambert?
A I cannot assume, but what he say he didn't see
that agreement that morning.
Q Ontil that morning?
A Ontil -- I don't think he saw that morning
either. That's what he's trying to say. He's saying
middle" middle of February.
Q Okay. Well. I want to clarify whether he had
received a copy of this agreement to look at or review
prior to the day he went in to sign it with his wife. 50
would you ask him that question. please?
A No. they didn't see each other. They didn't
di.cus. or see it.
Q ontil?
A ontil he ..w it" but Ihe never ... it,
Q Okay. He saw ~t prlor to that dat.. but Ih.
did not ... it.?
,\
o
SOt n~~ :h~: JAY, SC~.:l~. ~lddl. of rebrua%)4
Chy.
"<
"s ~!~.: !A~:
:~.~ .x:~.. ~ .
tl};~:
:;,,~y
1 BY MR. MILSPAW:
2 Q Until when?
3 A Until
4 Q Mrs. Lambert. what is your understanding of his
5 answer to that question?
6 A Okay. He not exactly he remember when he got
7 that paper. He don't remember where he see it, office or
8 house. He doesn't remember.
9 Q Does he remember --
10 A He didn't remember this agreement.
11 Q Is that -- what do you believe his answer to
12 be. Mrs. Reheard?
13 MS. REHEARD: He said it might have arrived at
14 his store. Some of -- most of his mail arrived at his
15 store. which loc~ted different than his house.
16 BY MR. MILSPAW,
17 Q That's interesting about where he might have
18
19
20
21
22
first seen it.. But what I want to know is regardless of
where he got it. did he have it prior to February 22?
M$, RIHEARD : A hard time talcing III'f life. t
relll4tfllbe r scmetime . - he's sayinq :ha: c.caUH of hiS
health. he d1d have preb~.m 'tilth nls he.l:::. He was 1n
:3 and out cf ~C'pl~':
;4
;5
: va~,J.ly ~.1:-1
$0 ~. can.t r."~r
,,\.~tt~~:'~9
~'l! :1~.:"'..:": :1 7":'~ ="'::-l'~"lI! !":-" "'IS ;:-'!~..:.:'...;~~~':!
12
1 agreed.
2 Q Why did he have that discussion?
3 MS. REHEARD: Just a minute. The way I
4 understood is he -. he explained this to her, and she
5 indicated that she does not want responsibility of the
6 children.
7 THE WITNESS: That's what he said, but
8 different story from her.
9 MR. MILSPAW: I understand that.
10 MS. REHEARD: But right now that's what he' s
11 saying.
12 BY MR. MILSPAW:
13 Q What I want you to do is not what you thinle you
14 may know about her version. I just want you to interpret
15 as accurately as possible.
16 A Okay. Let her.
17 MS. REHEARD: Go ahead. I just
18 THE WITNESS: You do the job.
19 BY MR. MILSPAN:
20 Q tAt me repeat what I think your answer is. You
21 diacuaaed wlth your wife that you would take all of the
22 pr-opert:y and the chl1dren. and she agreed to that; is that
~J your anawer? Mr., Sol. ple.s..
':4
...
Yn.
:!
~S. ~!~~.=: :~3Y
:~s: I ~~:'nJ~~
::jSt. :I
1 minute. I get a little confused here. Okay, If you
2 admit -- I heard this a couple times. He saying it. If
3 you admit you're wrong, you're at wrong, I will be
4 responsible for these things.
5
Meaning
I am understanding meaning the
6 property as far as power of attorney, okay, on that
7 agreement. She indicated that she doesn't want children
8 neither, okay. That's how I understood.
9
I understood that she -- she says she's unable
10 to take care of the children. So he said, then I'll be
11 responsible for them.
12 BY MR. MILSPAW:
13
Q
Let's try a new tact here. What were the
14 circumstances which led to him proposing this agreement to
15 her?
16
A
What that matter coming to, if she change mind,
17 everything he going to forget about it.
18
Q
Was that an answer to my question. or was that
19 a comment about these proceedings? I don't understand.
~o The que.tion w... In r.br~ary when he had this discus.ion
:1 wleh his wlfe abc~t the substance of this agr.ement. w~~t
22 led to t~At~
:l
A She ala wr'.:'1'\9 ' She dJ.d wrcng. so let'. do H
~hl.l V.I,! M.\ile 19"_":'1: If Ihe eha~ lllind, what
r..aptl<tne.j right r.c,,", , .he 9" U1.q . - h<t ~=.::i to !Nk. .all
:.
.:~
15
16
17
11
u
20
-,
....
14
1 nothing happen.
2 And then also all this, everything upside down.
3 He not going to make this paper, nothing happen.
4 Q If she changed her mind about what?
5 A He wants to protect the family.
6 Q Protect the family what?
7 A Because she have two, three years she had
B boyfriend. When she -- when he got heart attack and since
9 then, she got boyfriend. So
10
Q
Does he believe that she had a boyfriend?
11
A
Yes.
12
Q
And for that reason he was very upset with her?
13
A
BeCAuse that reason he got upset, and also he
14 got heart attack,
o
When did he learn that she had a boyfriend?
A
~st summer all early morning. 4. 5:00 she went
to -- J or 4. 1 or 4:00 she went :0 the boyt r lend home.
Q J or 4:00 in the lICrning?
A In the morning.
Q Who . .
A He'S younq Spanuh 'll.ly. He's 81ngle. very
2:: )"OUft~r _n.
;1 Q And ~~t 1. n~. nAme?
'l4
A
K18 na~ 1. ~l~h
l..~ ~a__ And .P.l~l"q h.
~! do..~'~ ~~:~
1 noehing happen.
2 And then also all this, everything upside down.
3 He not going to make this paper, nothing happen.
4 Q If she changed her mind about what?
5 A He wantS to protect the family.
6 Q protect the family what?
7 A Because she have twO, three years she had
8 bOyfriend. When she .- when he got heart attack and since
9 then, she goe bOyfriend. So
10
11
12
13
Q
A
Q
A
Does he believe that she had a bOyfriend?
Yes.
And tor that reason he was very upset with her?
Because that reason he got upset, and also he
14 got heart attack.
17 to.. 3 or 4. J or 4:00 she went to the bOyfriend home.
lS
16
Q
A
11
19
20
Q
A
Q
A
21
When did he learn that she had a bOyfriend?
t.alt summer all early morning. 4. 5:00 she went:
1 or 4:00 in t,he morning?
In the morning.
"ho --
He'S young spaniSh guy. Ke'S single. onry
:: youn<;e r lU.1'\.
:1
:4
And w~~t lS h.. na~.?
Q
:..lIt na" and .pell.11'\9 he
,.
HiS I'll" lS lH:h
J~ d~..~"~ ~~:w
.
-
Q
And he knows this because -- how does he know
2 this?
3
A
I cannot do that whole thing just -- two, three
4
years he sense that
two, three years, twO, three years
5 he sense -- he sense that. And then he keep -- he keep ..
6 she keep asking him to, can he going to be our employee?
7 And because that reason they have argument all
8
the time. And she want him to be her employ
their
9 employee, but he doesn't agree. So they always have
10 argument.
11
Q
An employee in her store?
12
A
Urn-hum" they have two store. They have twO
13 store. Every time he coming to her store, she out, and
14 then she always come home late.
15
She make excuse going to shopping. First time
16 he find out she was there early morning. but I don't
17 he's guessing.
18
I don't think that is a first tlme. How any
19 woman go there t.o single man early llIOrnlng. So he want. to
20 put back family. 10 they dlscusa abo~t thlS agr.ement,
21 And then he Hr. tn.. boss.
22 ~e got r..art attack three tlm.s because t.his
J3 naBen. t"",., bef.::r<t tl\/ltY hAve Nrtlage Beaning. they
N
alway. r.a~ ;rebl~~
14... f~~'~"f'" h<!r Jllr..dy onee when she
:s. ~":-r:e-:i.':'.i -~~:". r:". ~-",,,!! -":-~ J ~~:'1 t :..t"';;.\>clt'e
1 Sol, no answer, please.
2 BY MR. MILS?AW:
3 Q What did he say?
4 A He got very bad condition. If he won't take
5 the medicine, he will die.
6 Q I do not want to have him be put in any
7 emotional state which threatens his health. And I am
8 willing to give him a break at this time. or schedule it
9 for Monday, or let him take an hour break. You tell me
10 what he needs so that we can continue the deposition
11 without jeopardizing his health.
12 MR. JOHNS: He can continue the deposition. but
13 I'm going to instruct him not to answer the questions that
14 are not with respect to the jurisdictional issue.
15 We are here for a narrow scope discovery, and
16 we're not going to be continuing to investigate issues of
17 adultery. It just doesn't fall within the scope of the
18 discovery that's permitted.
19 MR. MILSPAW: Well. let me tell you what my
20 view is of the scope of this proceeding. The judge has
21 indiCated that we are to take depositlons relating to
22 jurisdiction and ~'nue.
23 7he reason that he has ordered lS'USS relating
24 to ,ur1sd1ctlOn Ind ~nue 1s beeause you attach.d to your
~~ pr~:lml~.r1 ~b:~~tl~n$ .~ ~h~ s~p~~r~ c~~pl.l0~ :h4
19
1 intimidated at the time by your client.
2 Because as we will get into, on February 3, 19
3 days earlier, he assaulted her. And as a result of that
4 assault and a continuation of threats from that point
5 until the time of the agreement, she was under a
6 tremendous amount of duress in that relationship.
7 And the reason for that assault, we understand,
S has to do with his discovery at that time of a
9 meretricious relationship. And I'm trying to determine
10 through questioning him. whether any of those matters are
11 true and what his testimony is regarding them.
12
MR. JOHNS: I think he's established that he
13 felt that there was a meretricious relationship. And
14 we'll stipulate that he believes there was a meretricious
15 relationship. So why can'~ we move on?
l6
MR. MILSPAW: So you will stipulate that he
17 believed there was a meretricious relationship?
18
U
MR. JOHNS: No doubt about it.
MR. MILSPAW: Will you also stipulate that on
20 February 3 of 1996 he learned for the first time
21 information which led to that belief?
22 MR, JCHNS: You can ask him those questions.
23 You can aSK him those, : thlnk we'll not be able to
:4 It1.~ullti! as t~ ~he r4!br'~arY)lnCld.n!:,
~5 3~ ~~, ~:~3PAW
1
Q
Okay. I want to ask him then the following
2 question. On February 3. 1996 at his home, were the
3 police called to his home?
5
A Yes, two policeman.
Q Does he recall that evening?
A Yes.
Q What happened that evening?
A He liked to see what she going to do. He had a
4
6
7
8
9 gun that was empty, but he got a gun, just the shell. He
10 put on the table. He put on the table.
11
I went you to kill yourself. I want you to
12 shoot yourself with that gun. He.- she doesn't want to
13 do it, so he picked it up that gun. and then he point it
14 at himself.
15 And then his daughter starting scream and cry.
16 Later on police came. What happened? What's going on
17 here? He just walk. and then he just go back to police.
18
His daughter. Mr. Sol's daughter, saw that gun,
19 and then she was scared. And then run upstairs.
20
MRS. SOL: It's a lie.
~,
.....
MR, MILSPAW: : want to go off the record right
2: new.
;3
MR. JeHNs: I would like to show on the record
24 that Mrs, Sol cl.arly saidf i:'s A lief in English.
H
- .
".,
,.1";..
~:i..Sr~W:
::~ :::"! :;!=;~a-j~
1 happened, but he just doesn't remember it today?
2 MR. JOHNS: Objection, Asked and answered.
3 You may ask him.
4 THE WITNESS: He doesn't 0- he doesn't have any
5 remember. memory at all. I am not so strong to do those
6 things.
7 BY MR. MILSPAW,
B 0 Did he hit her that night?
9 A He doesn't remember. He doesn't remember. but
10 he hit her, and then she hit him. They both did it.
11 0 Okay. So he does remember they both did
12 it?
13 A He does remember that one, but he doesn't
14 remember the choke one.
15 0 Did he grab her?
16 A Yeah" they did it. They did it each other.
17 She did it too.
lS 0 Did he -- what's he saying? What did he say?
19 Please translate what he said.
20 A Your guys fight too like that in this country.
21 Q Oid he threaten to hurt her, verbally threaten
22 to hurt her?
23 A Yes. yes. When they argument -. when they have
24 a~~~nt, he didn't hurt her with the language, But when
:~ey argume~t. they :alk ugly way.
27
1
0 ~hat did they argue about?
A About the other three. About the other three.
He have argument. He doesn't want to have argument. He
try not to because he got bad health.
0 Did he threaten to divorce her? I need to know
2
3
4
5
6 what he's saying. Please tell me what he's saying.
7
He want to tell all why we have fight. He want
A
8 to tell all story what's going on 3rd to 22nd. What I'm
9 asking, I don't speak English that good, so that's to tell
10 me what you ask me to ask him,
11
Q
He wants to tell the whole story? Is that what
12 he said?
13
I mean, he reason, and then every time they had
A
14 the reason to fight or argument family affair, then I stop
15 that. I did stop. I don't want to hear it because you
16 didn't aSK me.
17
Okay. Tell me what he said.
Q
18
A
He get angry because .- he got _d, He qat
19 this happen because she had the Valentine Day. Rich or
20 Richard bring the flover to Valentlne Day. Ar.d then also
21 destroy that picture.
22
23
:4
-~
- .
Q
Okay. Did
A
That make hl~ really angry.
Q
She de.tro~~d the pleture?
,~
Y~Ah. 3!:.r ::~i
28
1 Q After the 22nd, okay. I want to talk about
2 what happened before the 22nd.
3 A Just always there. You're wrong. I'm right.
4 I'm right. You're wrong. That way they have discuss. the
5 argument.
6 Q Okay. Tell me the whole story of what happened
7 before February 22 which led to this agreement.
S MR. JOHNS: Objection to the form of the
9 question. I think it's overly broad, but go ahead and ask
10 him.
11 BY MR. MILSPAW:
12 Q I'm using his words to help him tell the story.
13 A Even I'm going to have a heart attack.
14 MR. MILSPAW: It's 10 after 11. It's been over
15 an hour. Let's take a break.
16 (Break.)
17 BY MR. MILSPAW:
18 Q Okay. Let's go back on the record. Mr. Sol.
19 this agreement includes a paragraph that indicates your
20 wife will give a power of att~rney to you. 00 you know
21 that to be the case?
22
My quest1cn 15 ve~f narrow. and that is that
.1 the agreement has a pr~vlsl:n that ,he wll1 11gn a power
~4 of !t~orney. ~~d he ~~~W ~~~~' that's t~. ~~eltlon.
,~
~
:l~ : :~~~~ ~~;~: ~:w
13
29
1
MR. JOHNS: Do you want to try?
MS. REHEARD: He understood that.
BY MR. MILSPAW:
Q Does he know what a power of attorney is?
MS. REHEARD: He understands.
BY MR. MILSPAW:
2
3
4
5
6
7
Did he explain to Mrs. Sol that this agreement
Q
8 included a provision that she was going to give him a
9 power of attorney?
10
He did. he did clearly. clearly.
And did she go do that?
A
11
Q
12
So she went to get -. she agreed.
A
Q
What is a power of attorney?
14
A
What does he understand a power of attorney to
15 be?
16
17
A
All power he has. He has the power.
Q
In addition to the power of attorney. this
18 agreement has a provision that his wife will give a deed
19 to him for their house in Mechanicsburg. Did he know
20 that?
n
:2
A
Yes.
Q
Ar.d d1d ~e tell his wl!e that she va. agreeing
23 to glve a deed fer the hou,. to hl~?
:4
. <
- .
A
He llve In thlS ccuntry .0 }~arl, She living
;~~~t .'" ye.;l:-J
:;~
:-:...:! ;'...'l!!J .s~~ <(~,.::w "t;;.C;;' ~~e ~nows
. .
31
1 Q Null and void?
2 A Yes. null and void. yes.
3 Q If she changed her mind about the marriage.
4 What does that mean? I don't understand. Does she want
5 the divorce. or does he want the divorce?
6 A After power of attorney she still touching with
7 Richard. the boyfriend.
S MS. REHEARD: Excuse me. What I just
9 understand is that. even after the signing he reach out to
10 her. He give her opportunity to .- what do you call?
11 MR. JOHNS: Reconcile?
12 MS. REHEARD: Reconcile, yes. reconcile this
13 marriage. That's what he just said.
14 MR. MILSPAW: Off the record.
lS (Discussion held off the record.)
16 BY MR. MILSPAW:
17 Q Let me get back to the question I was asking
11 then. He says if she changes
19 A What'S your question? What do you want to ask
~o him?
21 Q If I understand correctty. he said that if she
~2 chan;es her mind about the marriaqe, all of thiS will be
H null and void. What c:1oes she have to do or say about the
:4 marrllqe? 1 der.'t understand his reapons..
:~
~.
::\"~5
:'~ ;~l~9 ~~ oc:.e~ ~~ ~h~
#....._ .....r
.. '"".. .",;..
-.
~..
1 the question. Are you asking whac his intentions were
2 relative to that before che agreement was signed or after?
3 MR. MILSPAW: Well. let'S ask both before the
4 agreement was signed. Did he say anything about if she
5 changes her mind about the marriage this will all be null
6 and void?
7
MR. JOHNS: Let'S ask him chat question.
THE WITNESS: If she be wife the way he wantS
s
9 to and then take care of home without -- and then he going
10 to give her a chance. void all this.
11 BY MR. MILSPAN:
12
13 agreement; is that correct? you 1lI\1st aSK him the
14 question. Kim. That'S what he told her prior to signing
15 the agreement?
'that'S what he told her prior to signing the
(;I
16
A
yes. um-hum. yea. he did.
OltAy.
aefore he Signed thiS. he want to give her a
11
(;I
11
19 chance. She going to be back to like old time. I put
10 thiS away. all ti.me. That'..- he didn't dO it. I mean.
,.
11 she di.dn' t do It. She di.dn' t dO what he hOP<< for.
....
..
1) WIt got .:1i.fir1l"i.119 lit t.l\U di.r1ICtlon. \."ftde' the aqreelllen
Okay. t want to ,et bacK to where 1 was beta:
c
24 ~h.n .he ~..~. t~. heu.. t.~ hilll she qtvea up all riqht.
..<<;
'. ';>-
~ ;'\-<<t ~.,~'...4'
:;\,i 1";,~ ".:",:.-l.f. t~.'t t,2 l,,'H.
32
1 the question. Are you asking what his intentions were
2 relative to that before the agreement was signed or after?
3 MR. MILSPAW: Well, let'S ask both before the
4 agreement was signed. Did he say anything about if she
5 changes her mind about the marriage this will all be null
6 and void?
7
MR. JOHNS: Let'S ask him that question.
THE WITNESS: If she be wife the way he wants
s
9 to and then take care of home without -- and then he going
10 to give her a chance. void all this.
11 B"I MR. MILSPAW:
13 agreement; is that correct? "Iou must ask him the
That'S what he told her prior to signing the
12
Q
14 question. Kim. That'S what he told her prior to signing
lS the agreement?
16
A
"les, um-hum. yes. he did.
17
Q
Okay.
Before he I1.qned this. he want to give her a
18
19 chance. She going to be back to like old time. I put
20 this away, all time. That'S.- he didn't do it. I mean.
A
:21 .he didn' t do i.t. She di.dn' t do what he hope for.
2J
; 1 we got diqreSl1.ng in thi.S direct i.on. under the agreement.
Okay. : want to get back to where I was before
Q
:4 wh.~ .h~ ~..ds t~. ~ouse t~ hi~ she gives up .11 right. to
.",
. .
..~t'.'" !".::--..j~
:~j ~. 4~;~'~~ ~~a: t~ ~.r~
36
1 BY MR. MILS?AW:
2
Q
So she read this document at the lawyer's
3 office before she signed ic?
4
A
Yeah. that'S what he said. He said. I didn't
5 know she read or not. but just check the paper and then
6
signed it.
Q
A
Q
A
Q
A
Q
Did he read it before he signed it?
Someone who helped him so he read all this.
He did or he didn't read it?
Somebody helped him read. so he know all this.
Okay. Did someone help Mrs. Sol read it also?
14 Mr. Jor~'s office. the lawyer's office. did he read that
7
s
9
10
11
15 to her first?
16
A
She saw, and then she signed it.
When you we~t t~ the office with your wife. did
11 you tell her to sign everythi~9?
17
c
exactly you .- she
I did tell you exactly
20 sign. If yeu want It. you sign it. If you den't. you
19
A
2l don't have to ugn It. : didn't for~e her to dO it.
"".
....
""
"
:ld ~~s ~~f. ~A~ an It:orney revi.w ie for her
~3 before she .lqned .:~ : want you to aSK hlm whether nls
:4 w.f-t hS~ il:: ,~o;~r::~~" ';''t'n.'" ~?';.. wt~h her cefore she
; 15 J, l ::;~.~:~ :..
16
:'7
18
:9
;:0
~-
-~
~'"
~-
~)
.:..
.:~
37
1
A
Nc.
2
Q
Did he tell her she could have a lawyer look at
3 it for her?
4
I don't have to tell her things like that.
A
5
Q
Why doesn't he have to tell her things like
6 that?
7
A
We agree -- read and then we discuss. and then
S she say yes. She agree everything what he say.
9
Q
In addition to the real estate. it also
10 provides that she will give to him all of her interest in
11 the certificates of deposit, the stocks and bonds. with
12 the exception of Bisel stock. all other tangible personal
13 property, her business and the motor vehicles and all the
:4 monies and all :~e bar~ accounts. Did he explain that to
lS her?
A
Yes.
Q
And she agreed to that?
A
Yes. she said .- she told him anything you ~ant
I vill do for you.
MS. lttHEAlW ,
-:r did he say that'?
7: iE W:TNESS,
do it.
n 'It;; ~::...31A~
Walt a mlnute. Did she .ay that.
Wlfe de an}~hinq he ~ant. She'll
.
Pr .:.cr. t;) . ..i;:;' :",(; :;.... s .l'il'i:ot~~:":.:'. j:~ ~. :.::..
1 and she must leave the country, go back to Korea and never
2 come back?
3
A He didn't say she go to Korea, but he say he
gave he will give $3.000. And she say she want to go
to Korea.
Q 3.000 or 30.000?
A 30,000. And then -- then he going to give that
~ney -- they try and settle with that.
4
5
6
7
S
9
Q
Did he give her three choices, leave the
10 country, No.1, or have her parents come to him naked and
11 prostrate and beg forgiveness? Or 3, kill herself? Were
12 those the choices he gave her?
13
A
If you want to get forgiveness from me. your
14 parents should come in naked and then apologize. And then
15 r forgive. Is not enough --
16 Q Oid he also tell her chat one of her choices
17 was to kill herself?
1S
A
No choice. I didn't give her choice.
19
Q
Okay. Did he say that one of the things that
20 one of :he alternatives was that she may kill her..lf?
;21
A
If you noc gcir.g to lull yourself, I'm going to
22 kill myaelf.
':J
$c he sald ~o her, If yeu're net qcing to kill
.~
...
:4 your..lf. :.~ 9Otn9 t~ ~111 ~ys.1~1
.:~
A
~l;tt.
39
40
1
Q Did he call he~ parents and tell her parents
that the marriage was over?
A He won't remember that.
Q Did he call Mrs. Sol's brother's wife and tell
her that the marriage was over?
A He won't remember that either.
Q At the time of the agreement of February she
2
3
4
5
6
7
S was running her own business called Seven & Seven; is that
9 correct?
10
A
Yes.
11
And at the time in February of 1996 when the
Q
12 agreement was signed he was running his business called
13 George's Beauty Supplies?
14
lS
A
Yes. yes. they both had the store.
Q
Prior to signing the agreement did he tell her
16 that he was going to sell her business?
17
A
Yes. after sign. After -- after this divorce
18 signed, and then he did tell her he going to sell the
19 store.
20 Reason they have to sell. because Mr. Sol
21 buslne.. r~~.nin9 bUSiness Ne':er. Not right way to she
22 runninq cuslness.
23
~"
:'~
Q
Sh. was r~nn~n9 It lmproperly?
A
~;Ct pro~rly
~
-
.: ~ ': :",,:.' I ar~Y '::~ $-::1
. . .
42
1 MR. JOHNS: Let's take a break. Do you need to
2 answer that?
3 (Break.)
4 BY MR. MILSPAW:
5 Q Okay. Tell him I want to follow up on his
6 comment that if she reconciles. he will tear everything
7 up. Did she
S A Yes.
9 Q Did she tell him she wanted to reconcile?
10 A No.
11 Q Did she tell him that his accusation of
12 adultery was not true?
13 A She told him that is my customer for business.
14 If you want to add to something I miss. please tell him,
15 but. you know. I cannot exactly
l6 MS. REHEARD: I know. I know what you mean.
17 THE WITNESS: .. explain to them.
18 MS. REHEAJUl: This is not a good question since
19 she'S not going to ever admit that she haa a boyfriend.
20 BY MR. M:~rAW:
21 Q After they were in the offices of the attorney
22 and signed this agreement, dld he take a copy of the
2) agreement ho~e w1th hi~?
24
J5
A
table.
Yu. he did. And then he put that on his
.
, 1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
;a
22
U
H
:S
COUNTY OF DAUPHIN
SS
COMMONWEALTH OF PENNSYLVANIA
I. Donna E. Richards. a Notary Public.
authorized to administer oaths within and for the
Commonwealth of Pennsylvania, do hereby certify that the
foregoing is the testimony of Yong Hwan Sol.
I further certify that before the taking of
said deposition. the witness was duly sworn; that the
questions and answers were taken down stenographically by
the said Reporter-Notary Public. and afterwards reduced to
typewriting under the direction of the said Reporter.
I further certify that the said deposition
was taken at the time and place specified in the caption
sheet hereof.
I further certify that I am not a relative
or employee or attorney or counsel to any of the parties.
or a relative or employee of such attorney or counsel. or
financially interested directly or indirectly in this
action.
I further certify that the said deposition
constitutes a true record of the testimony given by the
said witnes..
IN WITNESS Nl{El\!OF. I have hereunto let my
hand this 5th day of o.~~r. 1996.
.
(
,
.'-.
-
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47
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