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Home My WebLink About00-03331 '-. - ...... NOTICE OF APPEAL COMMONWI:AL TH OF PENNSYLVANIA COURT OF COMMON PLEAS cumberland County JUDICIAL DISTRICT L FROM DISTRICT ,JUSTICE JUDGMENT COMMON PLEAS No. 00 - 3JJ / C?;od NOTICE OF APPEAL '-- I~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District JU3tice on the date and in the case mentioned below. Ouince Eddens tla violin Makers Ltd. CITY fAG. alST. NO. OR NAME OF D.J. 09-1-0::! (ManlO1T8 \ STATE;" ZIP CODE NAME or- APPEl.LANT ACDRe;ss OF APPELL.ANT 5/1'2100 Kwon-T..Jee, Saung Yun, Camp Hill -- ~ Houn Lee Vo. PA 17011 3300 Market street, Rear DATE OF JUDGMENT IN THE C"'SE OF 11'1,"'''''0 {D{-I""",,,,'I m'4'!l L 119 61.7000.0 l{ 1.,.00 . f. Quince Eddens tla 'Tiolin Make:t"3, T"td. CLAIM NO. TOR l-lIS ATTORNEY OR AGENT " \1- '.-- Charles W. Rubendall II A",,,,,," f" 'I\;"~' + ,..orney ,_or ., :gpec_,,_an_ This block will be signed ONt Y wh'er\" this notation i's 'r'equiredl'unher' p,{ R.C.P.J.P. No, 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in actiOn before District Justice; he MUST F/LE A,r;OMPLA/NTw.ithin twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy ----------r ,~R1:\ECIPE TO ENTERRU~," T().FItECOMf'I,AJNT ANb'RULETd tiLE .' (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.? No. 1001 (() in rction before District .Justice. IF NOT USED. detach frqm copy of notice of appealto be served upon app,illee).' " '. , ' "I " I"~ ' ' , PRAECIPE: To Prothonotary and ,~. !lQljfi L!=e Enter rule upon ,KWOn.-Lee, SeljIlgXun, ~:, Name of appel/ee(sl (Common Pleas No. 00- .3Jo? I (]"Ot'l'7if)~ithin twenty 120) days afte: s ;1 , appell,ee(skto fHe a cOnlplai'nt in this appeal RULE: To and E. Houn Lee Kwon-Lee. Seunq Yrm. ~ ,appellee(s) Name of appel/ee(s) of judgment of non pros. Signature of appellant or his attorney or agent -,.... (1) You are noti,fied that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon yQu by p~rsonal service or by certified orfegisteredmail. >Yi~ \ (2) If yOO~O nq! fiie a complainty,..ithin thi~ tiihe, a fl,!IbG~NT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRA~CIPE:). ' /' ..; ::': ..., r \ ." , ':::~~ ' . '~, (r) : ,j! ~~,: - ~:;' i The /:fate ofs!;lrvice or this rule.,if se[?ic$ was byirtiaii is the date of mailing. . , J. (~ L:)n/).rJ ,P. ~'r.~Dp- "_, ' "'.., " ' Signature 01 thonotaryorDep ty ~ --"'~ (3) fYl~~t L~t( ,~ :IPOO ; ':6ate: !,.- / ,'.'y '''~.\.-' "'~, White ---- Prothonotary Copy Green ---- Court FHe Copy Yellow... Appellant's Copy Pink ....--- Appellee Copy Gold -----. D, J, Copy .-iI''''-'''~~I.H';-''''~~;~!1I1:i'I'';;~'~iW''''''''''''''''''''''''';~''i_'''!<i!!~~~~~iIj!~~^,~:.-=- .. H ~,v ~"':'i, ~ ~~~' .- , ,', , .... PROOF OF SERVICE OFI\fOTlCEOF APP,EAL AND RULE TO FILE COMPLAINT (This proof of service MtlSTBE FILED WITHIN TEN(W) DAYS AFTER filing thenot/ce of appeal. r;hf,lckappllcable boxes) COMMONWEAL THOF,PENNSYLVANIA COUNTY 'OF ; ss AFFIDAVIT: I hereby swear or affirm that I servc>d o a copy of th~ N,'otice of App,e,al, C(fif1m<?n Pleas f\!o, ~_, upon the District Justice 'designated ,therein on (date of teivice) '" . " '. . 19~.O'by personal service 0 by (certifiecfY!,egisteredl mail. sender's receipt attached 11ereto, and upon the appellee, (mime) on .19,-Ll by rersonal '~ervice 0 by (cer'tified) (registered) mail, se'nder's receipt attached her~to. o and further that I served the Rule tu whom1the Rule was, addressed on. mail, sender's receipt attached hereto, File a Complaint a'ccompallying the above Notice of Appeal upon the appellee(s) to ,19__. 0 hy personal service lJ by (certified I (registeredl SWORN (AFFIRMED) ANDSJJBSCRIBE[~ 8EFOREME THIS DAY OF ,19_. Signature of affiant Signature of official before whom affidavit was made Title of o,ffi~ia.l! I My commission expires on ft~ ~, -GQ. d c ~ :0 ~, ~ ,~~ ..~ .,--..I,}' T' i.t{; ~ -< fn'fiJ ~ (;,) -D~ !;:;',', ' C) Co, l (;> ~ ~ ~. :D! ,~ . r """'rn .'!<-,J '" \.,. ~ ,01: "~, b .'0 ~ 0.(') 5> Si Om ~ } '~ ~ ~ t -.J '-< -,'19_., ~;~if~~4;;;}l~!%-"i<:i:'ii;:,i:-';:,,,:;," "-" '''i';';!i,ailS.jf~\~~;~;'i!.'~'~I:;''''''''-'':~'-' . <<;"~~ -', ", "i ~"" '"' "'""''''''~,:,@f0c oIFf1o ~ COMMONWEALTH OF PENNSYLVANIA CGUNTY OF: CUMBERLAND (' 09-1-02 NOTICE OF JUDGMENTITRANSCFUp;r ClVILCASE' ,', PLAINTIFF: ' NAME and ADDRESS ~ V:._ .Jt: fKwON-LEE, SEUNG YUN,ET AL.~ t' I .51. VILLAGE COURT MECHANICSBURG, PA 17055 L ~ Mag. Dist. No.: OJ Name; Hon. ROBERT V. MANLOVE Addce'" 1901 STATE STREET CAMP HILL, PA VS. Telep","e, (717) 761- 0583 17()11-0000 DEFENDANT: NAME and ADDRESS 'oUINCEEDDENS T/A VIOLIN MAKERS LTD 3300 MARKET ST REAR ' CAMP HILL, PA 17011 L ~ Docket No.: CV- 0000121- 00 Date Filed: 4/10/00 QUINCE EDDENS T/A VIOLIN MAKERS LTD 3300 MARKET ST REAR CAMP HILL, PA 17011 .~" j i i I ( '\ in the amount of $ "67 6" on: (Date of Judgment) "/'>.'>.(;00 . .- ,/ o Defendants are jointly and severally liable. o Dilmages will be assessed on: (Date & Time) o This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $'SO~. 00 $ 1'67.65 $' .1' .OD $ '.1) 0 $ 567.65 O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ o Levy is stayed for days or D' generally stayed. Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ Certified Judgment Total $ o Objec\ion to levy has been filed and hearing will be held: .. '--. -'..,", '. '. .. ,.- - ,'" --, "~ - -- '.,' ". Date: " 'PJace:- Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT MUST INCLUDE A COPY OF THI 5/a91t!D Dilte . I certify that this is a true 'SlclJI{}lJ Date <'-,1\/" 'J .9ingtI1{~!ni~~fhl3 jUdgm~~t : ~...tc ~\.:DistrictJu;tice ~~ 'j"''-:'''' '~'"i ,"\ My commission expires first Monday of January, 2006 l;,,~ '~/, \, ," , .~''r-!-:'''.,h_.'l ~SEAL AOPC 315-99 , '"'~h_.~..~, ~>N ' - ~. - *' ~ /~ I - ~ ~ KuJ,.. ,~ l{.f .I'€c. S' E-w..:r SbI\J K, u:J~ -kt:. d.ucl ~. 1JottJ...J /... ~ r " ::. 1Il,;._..ll'lI!!l'~~"4,'''''<'''~' _~"\ffi'1!ajJ!lllj~~'J\!"'" ]1IIi!.P.l1ll1,l, ", " 1.1,,1, ,~~.,,",~ "11_ ,,-'- '!Ii,ti:t",~_"", ll'Ul~;.~~~~ii[.4!:lI,~.,4~ '~;. .< "'.'" ',' " -, . '," .." ~,' . , .,,, ".' "., , " " '.'" " COMMONWEALTH OF PENNSYLV ANIA 'COURT OF COMMON PLEAS CUmberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 09:-. .322.ii::($z"iI .......,. . .' ,N.ottci:oI'APPEt\L ..... . ...... " .' .;" Notic-e',is"g,i~en that the 'appellant has fHed ',il1, the 'above Court ot,.-G:om'i)1pn',PI,e'a's a'~ ,?PP.ea!, fr9,tl1' the' j~qgr:ne~t- r~~:~~red' by t'~~."DJS,t~ict 'Ju'stice '1, onthedate'andinthe'casementioned,below. '.' " ';;~~"i~;" ~.' - , ,-\.,...:.. 1<;.t'LJ+:\ .' " '~''J ,?j , .;~ NAME OF A,PPEl.l.ANT Quince EJddens t/a Vi.olin MakeJ;.-s Ltd. ADDRESS OF APPlO:l.l.ANT CITY ZIP CODe: 5/22/00 Street, Rear earip Hill IN THe;'CA5E OF fPI.'"l/df) KWon-Lee, Seung Yun. ~. HounLee :.. PA 17011 3300 Market OATIS: OF JUOGME;;NT fD,.f,'''",mr) ~', '~:~ ", , . ~qr-opOOl21:.o0;)~ LT 19 This block will be signed ONLY when this notation is required tinder Pa. R.C.P.J.P. No. 1008B, This Notic~ of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for poss'ession in this case. ~CEl Fddenst/a V:i.olin Makers, Ltd. T OR HIS ATTORNEY OR AGENT ( ~ '".i~ ' ,y" " ",' 4>'.'p.,.,_ ,,"". ',> li"oc', : :" , ctilttres';W~'f.iU~dail."'lI At~omey for~t C1.AIM NO. . .'. ,.... ........... '. .,'~~t"~c,PE....To~~tE~AlJ'ILi;Tqi.~lt~~f4~~E,~MtANRili!~(l,E;t~~..W!.~E,.:;;(: . ." . IThls '. S"p:t/PI? 0 (fop"! to'"wu~r{ i91Y. 4~\'1-h$lMl'[d.~1{8nryv:as.rI?iEjififit:J/iJ/1Nr(se~. Pa.. R. C.f.J;P. ',,!o,.;!oq 1(7) jH'<iCi1PTJ b.fore'VIStflct Justice. IF NOT USED.. detach Frdril cOPv'oInotii:e of appeal to beseive(}'lllJoirJ'.pp'ellee): .. . ".( :'). ...' ," ," ',: ';'.' ',"z,.>'Y.t"'.,,~>s/" ''-'"',':'''~''''''''' ":",,', ;",j PRAECfPE:To P(othonotary Srgna,ture of ProtfJonotEfry or,DePIf~y If appellant was Claimant Isee Pa. R.C:?J.P. No. 1001(6) in action before District Justice, he MUST F/LE A COMPLA/NT".with/n:fwenty (20) days after filing. his NO T1CE DfAPPEAL. <, ',,.d ,,',;!,;:l;"':":, '''-''''\ ' anfI: E. FiounLee ~-Lee, SeUng '{un, ~'" Name of appellee(s) (Common Pleas No. 06- .3JJ I C!iu,' (~t!'IJfV:.ithin twenty (20) days'afte( s Erite'r rule upon ,a-lJ:pellee(s), to We a complaint in this appeal RULE: To Kwon.Lee.. and E. Houn Lee Seung Yun. EiIOIaliIx. ,', .appellee(sF Namer~fappeJ/eef:sJ. ft~..-,;l of judgment of non pros. ! ( ,:,<'} Signatur.e of appellant or his attorney or agent _1 '~';', ';':".' -f1 >0;'. (~}You are noti.fied that a rule}~~~qY'E!~~~rr~uponyou tofile a complaint inthis.;3ppeal within twenty (20) days after the date of selVice of this rUI~.qpdm.Ybli.tjyperi(!)t)al service or by certified or registered mail.' ,. " ,.,:,~a'Y:~,:<:" ,\~:-"<-~: ':,---", :rz~jJif", . ... '.... _ ... ""."':..' ''',' _, .' (2) If you do not file ajqTplaint.v,vilhin this ti~.,~;~UDGMENT OF NON PRqS W1U.:B.E..ewTj;lflFi[)l~I,\GAINST YOU UPON PRAECIPE. ;,[:"',,> i .,y., .;~ - '; i .",""i' '-;';;:"~,~,,,:.;', ,': "'n ',"~;;>~';,':', "~)" *: e,{.-:: ' " ,~>-:"{:,I.~ ,:'~." }r;"dt.r~: (3) The date of servi~'of ,~isrule;iit~;.tMi~WaS;rJi;nail is the date of mailing."":"" ......i.'"'..~,i,",i"~~T~'. . Oatei.. fYl.~/\~.~! ~;;~.iob~.:;;.~t$li' .," /fJ;,nxo .P,~Jm~1tf,~D~ .' .. i 07'J' /';....', , . 11~' l'?" Signatufe'of' ptbPriotary!irtJiJ/J.ty'...r".....:t. . . ' /h;:!~:t~;';',::{7ty: " ,~~~*~" , ',I ' " ",'" ,.,. ," "i' ' ' , '~.,~s,~",,>,,~:'i"-"""-"".,..," 0"" ",' White ---- Prothonota1}' Copy Green --,. Court File Copy Yellow --- Arjpellant's Copy Pink ---- Appellee Copy Gold ----- D. J. Copy ., ... "' ., "" q '," H (I .' , .' ~ 0 .~ N !'o- N ::::>~ uJQ g~ c.)"("'" :C D:-'/ Cl.. o~ IJ ,..;.~ 96 N 3w <",,,)D.._ I ffi~ ~t),,~ :z u:~c :;;;:> ~a. ..... -, U- 0 is 0 0 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ;ss AFFIDAVIT: I hereby swear ur affirm that 1 served [] a copy of the Notice of Appeal, Common Pleas No.OO-33R-, upon the District Justice designated therein on ldate of service} June 1 . m> 20QO D by personal service ~ by (certified) ~) mail. sender's receipt attached hr.reto, and upon the appellee, (name)~thia~Mon1;9'.Qffi..e~ Counsel , on June 1 ,00>L1QQ(1~] by personal service ~ by (certified) ~BDO mail, sender's receipt attached hereto. Qg and further that served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on June 1 . 1'9~009 D hy personal service [] by (certified) (~I mail, sender's receipt attached hereto. c~~- Signature of affiant Title of official hA h t.. ....i / ( . . . , rUl/l.vil..- I. My commiSSion expires on nf ,;? tJtP Y ',-' NorAAIALSEAL MaapNtE. ad NowyPublic a.of~ Douphin c:....mr 0...--."...;...... Mar. 11, 20CM '~,~'Jl~il.~"""'""~';'["" . ,,'cc,,>. >>.'-"<'-;I'T;'.,',,-" "". ',_ . ." M",,7 "t'<.H,~>!.. ._" ."~.' .:,..~;T-.._:-.;..;:~:~~:;:'..'...'1.~-::-..-- ,.,~,.,.,,;;{J(.~. _:,.,,-.~. ~~':1., .._~.~~ .~,. .' -., __ ........ :-,. .~ _ .... 't.. ,~~. . PRC)OF .0F SE:~V!9E OF 1{o:r.c ';ifi. :.~IIiQ~~Ut~TO:FtfE:~.,_)>t'AINT':IU:}':~('-< : '(This proof of ssrVTc8 MUST BE FILED WI1HIN:~.\ ~.'(!if,{ ~""., '" .M~~zIN!tc"e ?r1P;ji~~/iJ~t~~Y:bf,XJI.- ,.., >lE'" ',;W~', :,'.':"} ~t'~' ~:-;-r'.~.~'~';" ~ :'~-'~:~:'~?_'~~" ~ ~~:"'~ n . ' .:1,';". .E50q;-,~'~~~cq:ll~R~~ OMMQNWJ:ALTH OF PIENNSYLVANIA ~~. --', .i.g j:':;,SClO 1!~~ .~~i;-;.J.:L !'Jo, ,.,.,'. :'-:- ""I"., ,7':_:.?-: to. ;~~t~~1 ~:;f.-:.i OUNTYOF OAIJPHIN. '.,..~ .~. "'-:';",:'II.,';ss .:J!'Sjl;" "..""1':-;.,., .:a.":'::C!:JaF.-3.q:Ji.:'~."~!, r r -'~~ >- cr: <<: j'- ~6 t...!.~' __ '9c~ C.... we ti_::_~ ,FFIOAVIT: - ---...----. ,..~. .' ~," :..,,:_.~:.t:"~....~:;-.... ~'-:' t:t:'. ..... .... )., ' :1,. 3::'. T"OVT .....; .;.:..:.:. .;;\'::;G'_ _', r?.__ i:..RT210 ,...:19:- ~'..'7 .:~' J't:. ;l. _ : ; '. ,1':.~ : J .;:)' N ~ g~ Q~ /,!- . --'-- -r- ~' :s ..'"'''' ffi, ro- :::;:0.:. B 'JA3q"!A.:~ :fOrro~. . ..- a: ';'I.:r:~ "~I -!DI.:q.~~J, ~9 1"\.:..0:J ~.... . . ,-"':';:.,....,..-.'. ... C." ',T~' . '-.';' '.-~.;~.r:\ t'; .~ :~:.~:~.. ~.~. ....! t:~n~', t,....;-r; '-!Zc" ',":.,',:'.;i i(... ,rr. M r:--: ,~. U :::, -, o o .. ----~-- -~_.. .,.~t~ ~ , . .. '~.. ~ "'" 'f~X-~.?-f=_rr(fi:; ":,,.u"',~t.~ ..o~~~....~ <-.p\ii:" \f.;~, l.J'::H ~ " ,.~ ~... S:...-':-'" 'olI!":"_~,~o#.=t\ I hereby swear or afrirm that ( st:rvcd - .-. ,- _.. '--_.~ -- '" ", \. \,"\ll \:.. . '". ~ , ...! .~~~ -', n> .a copy of ,the Notice of Appeal, CO-(f)1]io,r:iJ~~it . 0:00--:3331- . upon the District Justice de~ignated therein 0:0':' L1} ". 1 . /\1 '''2 n , <J r " OJ ,., -j' _. , ..-...<; .. 7dat~ of Serviqe)' June ....l.. q- '. :pgc_~ . _by pers~nb}service',,\ ~ rlY (t;:e~itiea) ~ mail. sender's receipt anachcd hereto, 'and u"i'-on 'the"app~lle~; rn'8)n~~ ' . ,~.... ~ I' .. " ',', , ',' ~ ."t..... '.~ \"\...;,!:.~;., ~\'3l\ June 1 . ~[J by person~l'i~~~~: \"'~ ~~y'1ce~ii fled}'~ m~ii. 'se'(1cier~~' r~~eW;t'~ltt~c~~ h~~1o.\ . "":' ''::Ol'',-:f\-QQ - .. -.j ..'-.>' . [] and further that I served the Rule to File a ComplcJint whom the Rule was addressed on - June 1 mail, sender's receipt attached hereto, accompanying the above Notice of Appear upon the appelrce{s) to ._'P9 2009 0 by p~rson'al service rn by (certlfiedi (~) , cwf~ /f ~J? L~ ~- , .~ . VORN (AFFIRMED) AND SUBSCRIBED BEFORE ME 1st - DAYOF June .~O i commission 'expires on Signaru".. of alfianl /k.MdJI! , re: ".? Cd Y 12th day Subscribed and sworn to NOTARIAL SEAL Ma:pm B. Rult Notary PubIie a., afHxriolnuso DouplUn CoaP<y Nyr_ . . Mar- 11.:z0a4 ..~~,.~'.:' ~\ ;"'-~ ..'?, / ,~ , , " ',~ ." '. " >'. ' " ---=-,', ~' , 'f , I'" 1';!:ltlli''-ll.\.I before me this of June. 2000. ". " ','~"\ .. > . ." .I " " ", ~ . u t .to N ~ic,~alth of Pennsylvania My Commission Exp' es: NOTARIAL SEAL KATHRYN C. HOlliNGER, Norary Public City 01 Harrisburg, Dauphin County M Commission Ex ires M.arch 17, 2003 ,."- -'......,- " NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS c:unber1and County JUOICIAL OISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the 3bove Court of Common Pleas an appeal from the judgment rendered by the District Ju~tic, on the date and in the case mentioned below. ."".0 "'''''.I.I.A",T ""AO. a'.T. "'0. O. ......... ~ 0..1. Ouince Eddens ~ a Vio:in Malte...-s L~d. "'DO.C. 0.. ..,....""I......T l;ITV 9-1-07. tMa~l~Te\ STAT" %... CODe 3300 Ma=~et S~~. Rear Carrp HiD. PA 17011 OAT. 0" 'uoa.....T ,.. TMC 1:..... Ct" ,~......,,, ,0......"'....., . Sn1/00 Kwon-Lee. Ssung YUII. et al. ~ oi...ooooru-oo, L T 19 ~J. 'I .~.,..I,1 Quince Eddens t/a Violin Makera. L~c C:.."',... Noll. " CharlesW. Rubendall II ..~.. ' . . ..:~ ",,:,,-, 'u' + . ."~"orMlY' ._o=..ppe an_ This block will be signed ONL V' when this notation is requited' unde,' Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgment for possession in this case. _,. ,,_ J : "'. ; .."" ...,: If appellant was Claimant (see Pa. R.C.P.J.P. No. loo1(6) in action before District Justice;'he MI.lST .FILE A...r;.OMPLAINT "!!.th!.n..JWen/"y' (201 days after filing his NOTICE of APPEAL. S,gnature of ProthOnotdrv or Depu~y ~RAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE IThis section of form to be used ONL Y when appellant was DEFENDANT(s.e Pa. R.C.P.J.P. No. 1001(7) in aCtion before' District Justice IF NOr USED, detachfromcopy of notice of appeal to be served upon appeliee}. ' PRAECIPE: To Prothonotary Enter rule upon Kwon-Lee. Seuna Yun. et a:. Nilmtt! of appclfee(SI , appellee{s). to file a complaint in this appe.= (Common Pleas No. I within tWElntv (20) days after s of judgment of non pro: Signature of appellant or his attornev or agen RULE: To Kwon-~ag_ Seuna Yun_ a~ al. Name of 8Ppellee(si . appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of :his rule if service was by mail is the date of mailing. Date: ,lqlgC 1000 Signature of Pro'thonotary or Deputy White ---- Prothonotary Copy Gteen -- Court File Copy Yel/Ow - Appellant's Copy P;n~ -- Appellee Copy Gold ----, 0. J. Copy ""'r" 1. ~ HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALLn ROBERT L. WELDON EUGENE E. PEPINSKY, .JR. THOMAS E. WOOD JOHN H. ENOS ill GARY E. FRENCH DONNA s. WELDON BRADFORD DORRANCE JEFFREY s. STOK~S ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT DONALD M. LEWIS m BRIDGET M. WHITLEY BRENDA L. GACKI ALLAN ..I. ROSSI JOHN A. FEICHTE-1- STEFANIE A. MOR~ISON KEEFER WOOD ALLEN & RAHAL, 210 WALNUT STREET P. O. BOX 11963 HARRISBURG. PA 17108-1963 LLP ESTABLISHED IN IS7S OF COUNSEL: SAMUEL C. HARRY PHONE (717) 255-8000 FAX (717) 255~S050 WEST SHORE OFFICE: 415 FALLOWFIELD ROAD CAMP HILL, PA 17011 (717) 612.5800 EIN No. 23-0716135 WRITER'S DIRECT DIAL.: June 12, 2000 255-8010 E-mail: crubendall@keeferwood.com 2nd Floor Fax: 255-8003 Curt Long, Prothonotary Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 Re: Kwon-Lee, et al. v. Eddens No. 00-1111 Civil Term Dear M:C. Long: Pursuant to a suggestion received from your office, I now enclose a freshly executed and notarized photocopy of the proof of service of notice of appeal and rule to file complaint that we placed in the mail for forwarding to your office on June 1, 2000. I unde:cstand that this step will satisfy our obligation to provide your office with proof that service has been made upon the District Justice and counsel for the appellee. Thank you for your continuing cooperation. CWRII/8g Enclosure ~: , -7 ',"" " ~, ",~ ,," Very truly yours, :EFER (:~:;; &T' Char~s/W)--Rubendall II , ~." , ~ ,~. "'-' ,-"'-..",."- " "",,' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and E HOON KWON, husband and wife, Plaintiffs, vs. QUINCE EDDENS, d/b/a VIOLIN MAKERS LIMITED, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice arc served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court with!Jut further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue carlisle, PA 17013-3308 (717) 249-3166 .,~' , , '," - . . NO. 00 - 3331 Civil Term CIVIL ACTION LAW A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. U sted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defenses 0 sus objeciones a las demandas en su contra Se Ie avisa que si no se defiende, el caso puede proceder sin nsted y la Corte pnede decidir en su contra sin mas aviso 0 notificaci6n por cuaIquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME ALA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENERASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3308 (717) 249-3166 -~"."', IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and E HOON KWON, husband and wife, Plaintiffs, NO. 00-3331 Civil Term vs. CIVIL ACTION LAW QUINCE EDDENS, d/b/a VIOLIN MAKERS LIMITED, Defendant, AMENDED COMPLAINT COUNT I - Breach of Express Warranly 1. Plaintiff, Seung Yun Kwon-Lee, is an adult individual residing at 51 Village CoUrt, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Plaintiff, E Hoon Kwon, is an adult individual residing at 51 Village CoUrt, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant, Quince Eddens, is an adult individual, doing business as Violin Makers Limited at 3300 Market Street-Rear, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Plaintiff, Mr. Kwon, went into Defendant's place of business on Jrrly 16, 1999 to purchase a violin for his daughter. S. Plaintiffs had previously purchased two (2) other violins from the Defendant for their daughter. ~, " '.<,' "t" 6. They bought a one-half (112) size violin, on September 30,1996, for Three Hundred Five dollars and forty-three cents ($305.43) when she first began playing. 7. They bought a three-quarter (3/4) size violin, on November 28, 1997, for One Hundred Ninety-Two dollars and ninety-two cents ($192.92) as she progressed in skill. 8. Each time they "exchanged up", as is the custom with youth violins, from the previous violin size to the next greater quality and size to meet their daughter's improved skill level needs. 9. On July 16, 1999, Mr. Kwon took his daughter's three-quarter (3/4) size violin in with him to "exchange up" for the purchase of a new full-size violin. Defendant told Mr. Kwon that the violin he was purchasing was made in Germany. 10. Agnes Kwon asked the Defendant, specifically, where the violin had been made, because she was interested in European manufactured violins. 11. On July 16, 1999, after discussions over the make and quality of the violin, Plaintiff, Mr. Kwon did purchase the full-size violin from the Defendant for One Thousand Three Hundred Twenty-Five dollars ($1,325). After a credit of $375 (Three Hundred Seventy-Five dollars) for trading in the three-fourth (3/4) size violin, Mr. Kwon did pay the remaining balance of Nine Hundred dollars plus Fifty-four dollars tax ($954) to the Defendant by credit card. 12. If Mr. and Mrs. Kwon had been told that the violin was made in China, they would not have purchased it because of their beliefs that Chinese-made items are of inferior quality. " , ',1 " 13. Defendant at all times represented this full-size violin as new, including the purchase price asked for the violin ($1,325.00), which represents that of a new instrument. 14. Defendant repeatedly represented that the violin was made in Europe or was of European or German origin. 15. On or about July 30, 1999, two (2) weeks after the purchase, Plaintiff, Mrs.K won took the bow of the new violin back into the Defendant, complaining about the quality of the bow, because it was falling apart. Plaintiff produced the pink copy of her purchase receipt, which Defendant kept in his possession. 16. Defendant replaced the bow after first trying to say that Plaintiff was trying to return a bow into him that had not been purchased from him. 17. On or about February 5, 2000, a Saturday, Plaintiff, Mrs. Kwon, took the new violin to a reputable violinmaker for new strings for the violin and was told that the violin was made in China, not Germany or anywhere in Europe. 18. On or about February 7, 2000, the following Monday, Plaintiffwcnt to Defendant's place of business to try to get her money refunded. 19. While in Defendant's place of business, an argument ensued, in which the Defendant asked who had told her the violin was not made in Europe. 20. Mrs. Kwon asked where the violin had been made and Defendant again told her that it had been made in Europe. 21. Upon Mrs. Kwon's continued demands for the return of the money used to purchase the violin, she was told to leave the store and was barred from returning to Defendant's place of business. , ~',- , . 22. On or about February 7, 2000, Plaintiff, Mrs. Kwon, went from Defendant's place of business, to a friend's house to request that she go to the Defendant's place of business in order to assist in getting her money refunded. When Mrs. K won and her friend returned to Defendant's place of business, Defendant would not allow Mrs. Kwon to enter the establishment. 23. An appraisal of the violin in question revealed that the violin has "cleats" in the back of it indicating that there was a separation of the back of the violin necessitating repair at some time. 24. At no time after July 16, 1999, did the Plaintiff have any work completed on the violin that would have resulted in the use of "cleats." 25. The existence of "cleats" in the back of the violin demonstrates that this was not a new violin at the time of purchase by the K won's. WHEREFORE, Plaintiffs respectfully request damages in the amount of One Thousand Two Hundred Seventy-six dollars ($1,276) representing the cash balance of the purchase price ofthe violin and the value of the three-forth (3/4) size violin traded in at the time of purchase; plus costs of suit, reasonable Attorney's fees, and such other and different relief as to which the Plaintiff may be entitled. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral. COUNT II - Breach of Implied Warranty of Fitness for Specific Purpose 26. Paragraphs 1 through 25 inclusive, of this Complaint are incorporated herein accepted by reference. ,,^ v__ . 27. Defendant knew the purpose for which the violin was being purchased. 28. The Kwon's relied on the Defendant for his skill and judgment in supplying the quality of instrument needed by their daughter for playing in the symphony groups, of which she was a member, and for the music camp she was planning to attend. WHEREFORE, Plaintiffs demand damages in the amount of One Thousand Two Hundred Seventy-six dollars ($1,276) representing the cash balance of the purchase price of the violin and the value of the three-fourth (3/4) size violin traded in at time of purchase; plus cost of suit, reasonable Attorney's fees, and such other and different relief as to which the Plaintiff may be entitled. The amount claimed does not exceed the jurisdictional amount requiring arbitration referral by Cumberland County rule. Respectfully requested by, ,"" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, husband and wife, * NO. 00-3331 Civil Term Plaintiffs, * * CIVIL ACTION LAW vs * * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant. * VERIFICATION The undersigned, SEUNG YUN KWON-LEE, hereby verifies and states that: 1. She is a plaintiff herein; 2. The facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information, and belief, and; 2. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: J j/ 6' /;2. 00 0 S~~~ ""-, ,,~ ' " . __,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, husband and wife, * NO. 00-3331 Civil Term Plaintiffs, * * CIVIL ACTION LAW vs. * * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * CERTIFICATE OF SERVICE And, now this 18th day of August 2000, I, Cynthia K. Montgomery, Esq., hereby certify that I have, on the above date, served a copy of the above captioned amended "CIVIL LAW COMPLAINT,"by certified mail number Z 091539 818, return receipt requested green card, restricted delivery to addressee only, the Defendant, Quince Eddens, d/b/a Violin Makers Limited as follows: Charles W. Rubendall, II Keefer Wood Allen & Rahal, LLP Attorneys for the Defendant 210 Walnut Street P.O. Box 11963 Harrisburg, P A 171 08-1963 (717) 255-8000 Date: '$/11/00 I I Cynthia K. ntgomery Attorney for Plaintiff Attorney ID# 82008 62 Pleasant View Drive Mechanicsburg, P A 17050 (717) 796-2315 ',,",,0 '" <'"', ,"..' ,~. ~" ~ SEUNG Y. KWON-LEE and E. HOON LEE, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, t/a VIOLIN MAKERS LTD., Defendant No. 00-3331, civil Term ANSWER WITH NEW MATTER NOW COMES defendant Quince Eddens, d/b/a Violin Makers Limited, to state his answer with new matter in response to plaintiffs' complaint, averring as follows: COUNT I - Breach of Express Warranty 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. [There is no paragraph 4 in plaintiffs' complaint. I 5. Admitted with clarification. The male plaintiff came to defendant's place of business on July 16, 1999, with his daughter. 6. Admitted. 7. Admitted in part and denied in part. Plaintiffs purchased a one-half size violin from defendant in 1996. As to 'I'. >_ , -""',"3,.<r.',.';:',~~~,~' "_'~':" M C the remaining averments, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to their truth, and proof thereof is hereby demanded at trial, if relevant. 8. Admitted in part and denied in part. Defendant admits that plaintiffs purchased a three-fourths size violin from him in November 1997. Defendant denies, however, that the purchase price was $192.92. This figure relates to a case and/or accessories plaintiffs purchased, not a violin. 9. Admitted in part and denied in part. Defendant admits that the first two violins purchased by plaintiffs were exchanged for full value when new violins were purchased from him. Defendant denies, however, that this business practice is customary with youth violins or otherwise. Many sellers of violins will not provide a full, dollar-for-dollar trade-in allowance for violins that have been used by students when a new violin is purchased. On the contrary, many sellers of violins will provide only the fair market value as a trade-in allowance. 10. Admitted in part and denied in part. Defendant admits that the male plaintiff and his daughter came to his place of business on July 16, 1999, with the express purpose of exchanging - 2 - h r:,o- , n' " "'~~F"'"""'W",,' ~~"-,, ..0,>" ,--, ~,<,n -,'~. ,,., ",' ',0, ,,"- O'__~, , ~ her current violin for a new, full-size violin. Defendant denies, however, that he told the male plaintiff or plaintiffs' daughter that the violin that was ultimately purchased by them on July 16, 1999, had been made in Germany. On the contrary, defendant did not provide any information to plaintiffs or their daughter about the provenance of the violin plaintiffs purchased on that date, nor did plaintiffs or their daughter ask for such information. 11. Denied. Defendant denies that plaintiffs' daughter (Agnes Kwon) asked him where the violin had been manufactured and further denies that she indicated any interest in European-made violins. On the contrary, as noted in response to paragraph 10 above, neither the male plaintiff nor his daughter inquired about the provenance, including the country of origin, of the violin they purchased from him on July 16, 1999. 12. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. By way of further answer, defendant notes that plaintiffs made no inquiry about the country of manufacture for the two violins they had purchased earlier - 3 - I". ,,'~ "_c' :"'>:- !_-~-"';r~_: - -, -.-.,. .'" '. ,'- -'-., > . -'c"" ~, , ,--,~,- from him, nor did they ever tell him that they would not purchase any violin of Chinese manufacture because of any alleged belief in the inferior quality of Chinese-manufactured items. 13. Denied. Defendant does not fully understand the phrasing of this averment, particularly the words "as new in both price and speech." By way of further answer, defendants avers that the violin sold to plaintiffs on July 16, 1999, was a new violin, that is, one that had never previously been sold at retail or used by others (with the possible exception of demonstrations in the shop to prospective customers) . 14. Denied. Defendant did not represent, not even once, that the violin purchased by plaintiffs on July 16, 1999, was made in Europe or that it was of European or German origin. On the contrary, neither the male plaintiff nor his daughter made any inquiry about the provenance of the violin purchased on July 16, 1999, and defendant made no statement about its country of manufacture on that date or any other date. 15. Denied. The female plaintiff did not come to defendant's place of business on July 30, 1999, to complain about the quality of the bow that had been purchased from defendant on July 16, 1999 or otherwise. Furthermore, defendant denies that - 4 - I P, ~ ~_c -,"^' ,",,-"-, " "', ''',"-'-. " ~~ ' ~- -} ~. .. .'--, "'_'N, ,. _ ~. - ",-- --", - ~ -~ the female plaintiff produced a copy of any receipt and further denies that he kept it in his possession. Last, defendant denies that the female plaintiff brought the bow her husband had purchased on July 16, 1999. On the contrary, the female plaintiff came to defendant's place of business several weeks after July 30, 1999, and when she arrived, she brought no receipt with her or if she did, she kept it in her own possession and never offered it to defendant. Defendant had no need of the receipt, as he had his own copy. Furthermore, the female plaintiff brought another bow to defendant's place of business, not the one her husband had purchased on July 16, 1999. See defendant's answer to paragraph 16 below. 16. Admitted in part and denied in part. Defendant gave the female plaintiff a new, high-quality bow to replace the missing high-quality bow that had been sold to the male plaintiff and his daughter on July 16, 1999. However, the inferior bow that the female plaintiff brought to defendant's shop was not the ~ " " I I I , I I I I I I I I r.- bow that had been sold to the male plaintiff and his daughter on July 16, 1999. - 5 - '-" ~ - _~'C"" ,- ",,,n. - -,-', . , >-"~--- '-- -'C-,.,;""" Defendant was concerned that plaintiffs or their daughter had lost the new, high-quality bow sold to them on July 16, 1999, and were attempting to foist a "cheap" bow obtained from some other source upon him in hopes of obtaining a bow of the same quality that had been sold to them on July 16, 1999. Although it was clear what plaintiffs were attempting to do, in a gesture of good customer relations and without any obligation to do so, defendant provided a new, high-quality bow to plaintiffs without charge. 17. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. 18. Admitted in part and denied in part. Defendant denies that he told the female plaintiff that the violin had been made in Europe. On the contrary, defendant has never provided information regarding the country of origin of the violin, nor was he asked for such information until February 7, 2000, when the female plaintiff first raised the subject with him. The remaining averments of this paragraph are admitted. - 6 - i r:",., <_ ",..:-,,:,,,e._,' .' '_~__"~_~"'-~ _, __,,=_, _~ "_ o~___, - -~ -.-, 19. Admitted in part and denied in part. Defendant denies the averment about the female plaintiff's activities after she left defendant's place of business on February 17, 2000, because after reasonable investigation, he is with knowledge or information sufficient to form a belief as to its truth, and proof is hereby demanded at trial, if relevant. Defendant admits that when the female plaintiff and a friend returned to his place of business on that same day, defendant refused to allow the female plaintiff to re-enter his establishment because she earlier had been loud, abusive, and threatening toward him without provocation. 20. Denied. Defendant denies that the presence of "cleats" in the violin indicates that it had been previously repaired. Defendant further denies that the subject violin had been repaired before he sold it to the plaintiffs on July 16, 1999. On the contrary, if the violin in question has cleats, they were either installed as part of the normal manufacturing process or as a part of a post-sale repair performed by a violin maker other than defendant. The violin was a new one and had not been previously repaired when it was sold to plaintiffs on July 16, 1999. - 7 - . ,- ~ "_'.c~ ,"" ",~ __ 0".-,- ,,,_. --"y- ~,., _, '~, ._T,_ WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint against him, and to award him costs of suit and any other and further relief as the Court deems appropriate. COUNT II - Breach of Implied Warranty of Fitness for a Specific Purpose 21. Defendant incorporates here by reference his responses to paragraph 1 through 20 above as if the same were set forth at length. 22. Admitted with clarification. Defendant knew that the violin purchased by plaintiffs on July 16, 1999, was being purchased from him for use by Agnes Kwon, plaintiffs' daughter. He further knew that she was a violin student at that time. 23. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. By way of further answer, defendant states that the violin selected by plaintiffs on July 16, 1999, was perfectly adequate for the purposes for which Agnes Kwon was likely to make use of it and was within the price - 8 - ,",0_'_ .Co-' "''C_'--. '. range that the male plaintiff indicated he was prepared to pay on that date. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint against him, and to award him costs of suit and any other and further relief as the Court deems appropriate. NEW MATTER 24. Plaintiffs' complaint fails to state a claim upon which relief can be granted. 25. The "wherefore" clause in plaintiff's complaint is the only place in which the monetary amounts involved in this litigation are set forth. Under these circumstances, defendant has not been given a proper opportunity to answer by way of admissions or denials the assertion that plaintiffs have sustained any monetary loss whatsoever. 26. As it happens, the purchase of the violin in question was the subject of a written purchase order, a copy of which is attached to this answer with new matter as exhibit A. 27. The violin cost was $850, and with a new bow and case, the total purchase price was $1,325. A credit in the amount of $375 was given for the violin, bow, and case being traded in by - 9 - ~-, -, '>' -, !C, .. "-': '1--' "- -~"':" '. < ~" , :-~, n_ plaintiffs. In addition, an additional $50 "goodwill" discount was provided by defendant. 28. Plaintiffs have made no claim for the bow or the carrying case in this action; thus, the claimed loss can be no greater than the cost of the violin ($800, after discounts), plus Pennsylvania sales tax ($48) or a total of $848. 29. Student violins, that is, those sold in the price range of the subject one, are normally sold without reference to their provenance. 30. Purchasers of such violins are interested in price, sound, and appearance; because they are used almost daily by students who are often children, they are not expected to "last" for years or become collectors' items. 31. If plaintiffs had inquired about the provenance of one of defendant's violins and then based their purchase decision, in whole or in part, on that provenance, the sales slip issued by defendant would have recited the pertinent provenance information. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint against him, and to award - 10 - " c; ""/~ . 0_1 -~_ ~_ --" ----, _ "'d ,-"__,"_v~ , ' him costs of suit and any other and further relief as the Court deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: July 10, 2000 By_(,J! ~ Char~Rubendall II I.D. # 23172 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 Attorneys for defendant - 11 - "'--"'~---'-lH~'-,_'-" --",,>-~;-~ '"' ,','.- > ~ - - - >.' , ""~ . ~ - -' VlmI1:1:..Cll1r~lN Ttl(> undersigned, Q1.lince Edder.s I hereby verif les <lnd states :n.E-': He ~s defendant herein; 2 The facts set forth in the foregoing answer with new matter are true and correct to the best of his knowledge, infQr~atlon, and be~iefi and J. H~ is aWi..'i.r'e chat fal,ge statements here.in are made sub~ect to the penalties or 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorlti~e. D2rc.e:i .Jc,.f;: $ - 2;~d!:7 ,,J'...r:t'! " L. i.;Uu :..;!u i:::"tce 2dd/;:~ns c -- -,~~ ~ .~, l .,.."~-,,-_,., ,- VTOLf:\T r1' /\ T<=S'Rq LT!\lfT"T'r.'1) 32':;:, ) - ~-.-_ _ , '~~'\R CA.I<_~-) ~ H_ _ ~-'. ',--'i'." , PH01'-J-~; (717; "0;:;'~oJ.6J 064155 CUSTOMER'S ORDER NO. NAME ~ ADDRESS ~ , <'; ,'?~"',':-' ' ','" ' ~'-:c'-' ,:;,~: 18 ~ j10! 111 i ;12:, fTY- 114; \15 116------ '17 fTIl. i19; ~O, lRECEIVED BY _ ~:VJ IA~ , ,,~ '6- C '7.::J~-7S9:t: .;,.. /. <,,-,,:!.;,"'.; '-;'f' ;1'.:":";:-' ~".. ',< :Hfi''' ,":!:." ~':' >:;3:;H\_,~f;'_.: :!',",.',; ,;,:;j;~::~:d:,:~\~ UAN. I i --.2:Z < : _~ ~A~h~ ! . -I -t-~<~""H -! Z;~,8J i 9~E?:-11 i J .~ -# i %-r:--! ! ! [ I i ---- j KEEP THIS SUP fOR REFERENCE fXIlIBITA . CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 KEEFER WOOD ALLEN & ~ LLP By {~.,~ Charles W. Rubendall II Dated: July 10, 2000 n.. r",', : ?,,'-\.:' f'"'' "~_,O'-""'____'_' ~.-. "'., ~, ". ,-~. -,-, " ,'~~- '."- ,~-. '.' ~~- ." -- ,-" " SEUNG YUN KWON-LEE, and E. HOON KWON, husband and wife, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-3331 QUINCE EDDENS, T/A VIOLIN MAKERS LIMITED, Defendants CIVil, ACTION LAW NOTICE OF ARBITRATION HEARING To: SEUNG YUN KWON-LEE, and E. HOON KWON c/o Cynthia Montgomery, Esquire 62 Pleasant View Dr. Mechanicsburg, P A 17055 QUINCE EDDINS, T/A VIOLIN MAKERS LTD., c/o Charles W. Rubendall, n, Esquire Keefer, Wood, Allen, & Rahal, LLP 210 Walnut St. P. O. Box 11963 Harrisburg, PA 17108-1963 NOTICE IS HEREBY GIVEN that the Arbitration Panel appointed in the above- captioned matter shall sit for hearing on Wednesday, the 8th day of November, 2000, at 1 :00 PM in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Peunsylvania. In the event that this date and time is not acceptable to either party, it shall be the responsibility of that party's counsel to arrange a new date and time acceptable to both parties and to all members of the Arbitration Panel. C ~~~_ 3oc:..T Zc:s-~") Date ROBERT PETER KLINE, ESQUIRE JAMES CAMERON, ESQUIRE MARK SCHWARTZ, ESQUIRE cc: Prothonotary Court Administrator ~'I" " _ _'.^ _ 1lIJI , "._~ - ,. .~ ., ., , - SEUNG Y. KWON-LEE and E. HOON LEE, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, tla VIOLIN MAKERS LTD. , Defendant No, 00-3331, Civil Term RULE 13] 2-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR ~PPOTNTMF.NT OF ARBTTRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Charles W. Rubendall II, counsel for the defendant in the above actiont respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $1,276.00. Defendant has filed no counterclaim. The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 2':f "~r.. ORDF.R OF' COURT AND NOW',~W /c:L foregoing petition, 4?~ ~ Esq., and /;lI2v",~ ~ the above-captioned action (or actions) as prayed for. 2000, in consideration of the Esq" arbitrators in Esq" are a P.J. - .,'~ _1< -7'0' , , "'. , , , "'-.-' 'I'. ,..~,'-~-'" , . " --" ,-,.--~. >, ,~ '.'1;-'. , '"""'"" ~;-, ,-'~-'-, , Cr) __J v~: <C ~ . >~ / (L :.:~ ~ ~ ::::.J \J'- -. 0::) ~g ~ Z ~ -.J Ci. ~.U \:) Lr"i c_ o 0'J ~ ("'~) --.9 ...... '..::.:.) () () ~ ~ vj - ~ c~. '\~ ~ ~, 0""" . '-~. . \:. ~:\ \ ' p\':f; (~ C~ :~' , C\j\\A"~.~~:~~<\~>('~,! [;..\\Y-;\ V"._I'" , , IN THE COURT'OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SEUNG YUN KWON-LEE, and E ROON KWON, husband and wife, Plaintiffs, . vs. QUINCE EDDENS, d/b/a VIOLIN MAKERS LIMITED, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3308 (717) 249-3166 .,'" , """-~ "-,~"~-~,,, . . . . . . . . 33 3 I /l. ; # .. NO. tJ1J- ~~ I.u- CIVIL ACTION LAW A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi61a demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones a las demandas en su contra, Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualiquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECROS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V AYA 0 LLAME A LA OFICINA EN LA DIRRECaON ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENERASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3308 (717) 249-3166 , -~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, husband and wife * Plaintiffs, * NO. w- '-101'1 &~ 1.4-- * vs. * CIVIL ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant. * COMPLAINT COUNT I - Breach of Express Warranty L Plaintiff, Seung Yun Kwon-Lee, is an adult individual residing at 51 Village Court, Mechanicsburg, Pennsylvania, 17055. 2, Plaintiff, E Hoon Kwon, is an adult individual residing at 51 Village Court, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Quince Eddens, is an adult individual, doing business as Violin Makers Limited at 3300 Market Street-Rear, Camp Hill, Pennsylvania, 17011. 5, Plaintiff, Mr. Kwon, went into Defendant's place of business on July 16, 1999 to purchase a violin for his daughter. 6. Plaintiffs had purchased two (2) other violins at Violin Makers Limited as their daughter, Agnes, grew, 7. They bought a one-half (1f2) size, on September 30, 1996, for Three Hundred Five Dollars and forty-three cents ($305.43) when she first began playing. ,.",- -- "'-""_.-,,:,,,. ~- " 8, They bought a three-quarter (3/4)-size violin, on November 28,1997, for One Hundred Ninety Two dollars and ninety-two cents ($192,92) as she progressed in skill. 9. Each time they "exchanged up" (as is the custom with youth violins) from the previous violin size and skill level to the next violin and quality to meet their daughter's needs, , 10. On July 16, 1999, Mr, Kwon took his daughter's previous violin in with him to "exchange up" for the new purchase of a full-size violin. Defendant told Mr. Kwon that the violin he was purchasing was made in Germany. 11. Agnes Kwon asked Mr, Eddens, specifically, where the violin had been made because she was interested in European made violins. 12. IfMr, and Mrs. Kwon had been told that the violin was made in China, they would not have purchased it because of their beliefs that Chinese-made items are of inferior quality. 13, Defendant represented this full-size violin as new in both price and speech. 14. Defendant, Quince Eddens, repeatedly represented that the violin was made in Europe or was of European or Gennan origin. 15. On or about July 30, 1999, two (2) weeks after the purchase, Plaintiff, Mrs, Kwon, took the bow for the new violin back into the Defendant complaining about the quality of the bow because it was falling apart. Plaintiff produced her pink copy receipt, which Defendant kept in his possession, 16. Defendant replaced the bow after first trying to say that Plaintiff was trying to foster a bow onto him that had not been purchased from him. ;fii'ii'~ 17. On or about February 5, 2000, a Saturday, Plaintiff, Mrs, Kwon, took the new violin to a reputable violin maker for new strings for the violin and was told that the violin was made in China not Germany and not anywhere in Eutope. 18. On or about February 7,2000, the following Monday, Plaintiff went to Defendant's place of business to try to get her money refunded. An argument ensued in which the Defendant asked who had told her the violin was not made in Europe, Mrs. Kwon again asked where the violin had been made and Defendant told her that it had been made in Europe. After Mrs. Kwon continued to ask for her money to be refunded she was barred from entering his place of business. 19, On or about February 7,2000, Plaintiff, Mrs. Kwon, went from Defendant's place of business over to a friend's house to request that she go to Defendant and help get money refunded, When Mrs. Kwon and her friend went back to Defendant's business, Defendant would not allow Mrs. Kwon to enter the establishment 20. An appraisal ofthe violin in question revealed that the violin has "cleats" in the back of it indicating that there was a separation of the back of the violin necessitating repair at SOllle time, COUNT IT - Breach of Implied Warranty of Fitness for Specific Purpose 21. Paragraphs 1 through 20, inclusive, of this Complaint are incorporated herein accepted by reference. 22, Defendant knew the purpose for which the violin was being purchased, '~-~~ -~ ~ 23. The Kwons relied on Mr. Eddens for his skill and judgment in supplying what their daughter needed for the different symphony groups she was playing in and music camp she was going to during the summer, WHEREFORE, Plaintiffs demand damages in the amount of Eight Hundred Fifty dollars ($850) cost of the violin; Three Hundred Seventy Five dollars ($375), the value of the trade in, totaling One Thousand Two Hundred Twenty Five dollars ($1,225); plus cost of suit, reasonable Attorney's fees, and such other and different relief as to which the Plaintiff may be entitled. Respectfully requested by, ,-- - ~, - ~,~".. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E ROON KWON, husband and wife, * NO, Plaintiffs, * * CIVIL ACTION LAW vs * * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant. * CERTIFICATE OF SERVICE And now this A3,...,.(day of June, 2000, I, Cynthia K. Montgomery, Esq, hereby certify that I have, on the above date, served a copy of the above captioned "CIVIL LAW COMPLAINT," by certified mail number ~2,3~~~ o~'~eturn receipt requested green card, restricted delivery to addressee only, the Defendant, Quince Eddens, d/b/a Violin Makers Limited as follows: Charles W. Rubendall, II Keefer Wood Allen & Rahal,LLP Attorneys for the Defendant 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8000 Date: #0 Cynthia K. tgome~ Attorney for P aintiff Attorney lD,# 82008 62 Pleasant View Drive Mechanicsburg, PA 17055 (717) 796-2315 r~ t~ ~ ~ \ , ,~ C) '."..' l_ CJ, ~;: -~J s; rT'! r-;-' Z , ", UJ c,_~ ~:= j-.-..-" .;.'> .. ;::.- b > c: ,~ Z ;:~-\ =< .. I V ::;::J -< c) c: ~ r R , r. '-. '~ V c! ... '" ~ " C> ~'d ~ l~ l~< lI[)~~~~IlfI'Il!l',Mi1'If~_,.".\>)\<~ ~ . ,~,., ,ff:Ilil~~~~l'jfll1WfffVffll1f!~I'f,"1ll:;!J-~N___ _ ~~" .<B~~!~~", __,)lli!1 . SEUNG YUN KWON-LEE and E HOON KWON, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW v. No. 00-3331, Civil Term QUINCE EDDENS, tla VIOLIN MAKERS LTP" Defendant REPLY TO NEW MATTER NOW COMES the plaintiffs, Seung Yun Kwon-Lee and E Hoon Kwon, to state their reply in response to defendant's new matter, averring as follows: 24. Denied. Paragraph 24 of defendant's Answer with New Matter does not. contain an averment of fact, but rather a conclusion of law and therefore, does not require a response. If defendant wished to challenge the sufficiency of the Plaintiffs' complaint, he should have done so by way of Preliminary Objection. 25. Admitted in pllrt and denied in part. Plaintiffs admit that the "wherefore" clause is the only place in the complaint that addresses the monetary amounts involved in this litigation. However, as noted in paragraph 24 above, if defendant is challenging the sufficiency of the complaint, he should have done so by way of Preliminary Objection, thereby providing plaintiffs with an opportunity to amend the complaint as of right. By way of further reply, defendant did address the claimed loss by way ofms New Matter; therefore, he has had an opportunity to respond to the assertion that the plaintiffs have sustained monetary loss. '\ -',,-":' - - . 26. Admitted. 27. Admitted in part and denied in part. Plaintiffs admit that the cost of the violin was $850, and with a new bow and case the total purchase price was $1,325. Plaintiffs further admit that a credit in the amount of$375 was given for'the violin, bow and case being traded in by the plaintiffs. However, plaintiffs deny that the $50 discount was a "goodwill" discount. Rather, the plaintiffs had requested different strings for the violin at the time of purchase because Agnes K won preferred more sensitive strings. The defendant gave the plaintiffs a $50.00 discount rather than re-string the violin, claiming that he did not carry the requested strings and would have to order them. 28. Admitted in part and denied in part. Plaintiffs admit that they have made no claim for the bow or the carrying case. Defendant had earlier replaced the inferior bow he had originally sold them to the satisfaction of the plaintiffs. Plaintiffs deny that the $50.00 discount should be applied to the purchase of the violin since the discount was given in order to allow the plaintiffs to obtain the desired strings as indicated in Paragraph 27 above. In addition, plaintiffs cannot retrieve the violin they traded in, therefore they have also lost the value of that violin, case and bow, which has been established as $375.00. 29. Denied. Most violins, even those in the price range of the subject one, have labels or markings indicating the origin, maker or manufacturer of the violin, This information is normally located inside the violin and is accessible by looking through the ,""-< .. ,~ left "F" hole. The subject violin has no interior markings at all. In addition, most violin sellers inform prospective purchasers of the origin of their violins. 30. Admitted in part, denied in part. Plaintiffs admit that most purchasers are interested in price, sound and appearance. Plaintiffs further admit that haIf-size and three-quarter size violins are not expected to "last" as they are traded in as a student matures and grows. However, when the plaintiffs purchased this full-sized violin, they expected it to last. 31. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. WHEREFORE, plaintiff requests this Honorable Court to deny defendant's request for dismissal, and award damages, costs, and reasonable attorney's fees as set forth in plaintiff's complaint. Respectfully submitted, Dated: July 31,2000 BY: Attorney for the Plaintiff ,"~ -'CO"1" , VERIFI~ATION The undersigned, Seung Yun Kwon-Lee, hereby verifies and states that: 1. She is a Plaintiff herein; 2. The facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information, and belief: and 3, She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. ~.K~~.. Seung Yun Kwon-Lee Dated: July 25, 2000. "7" -0","," ~, - ", CERTIFICATE OF SERVICE I, Cynthia K. Montgomery, Esquire, Attorney for the Plaintiffs, hereby certifY that I have served the foregoing Reply to New Matter upon counsel of record this date by depositing a true and correct copy of the same in the United States Mail, fIrst- class postage prepaid, addressed as follows: Date: 7/3 I } 00 - Charles W. Rubendall, IT Keefer Wood Allen & Rahal, LLP Attorneys for the Defendant 210 Walnut Street P.O. Box 11963 Harrisburg,PA 17108-1963 "" ~ .r ~. , ~~, ". ~.~ - ~'--, , (::;' ~.. !;: 'Lc,: ;::( $'2::: ~ ::.:! li:;;[~" r:- '0 1;:-", i_~ J ,) f',<; , ' 3~ -< m-~I~.'~lIinT:l _.o~~_.,__Jliij~J:_~~n"i~.~':'!'!i""'f;?'~-~~.!-U"~'1~l'f<I!._~~~Ml~~^ "',''':' c.J ... SEUNG Y. KWON-LEE and E. HOON LEE, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, t/a VIOLIN MAKERS LTD., Defendant No. 00-3331, Civil Term ANSWER WITH NEW MATTER TO AMENDED COMPLAINT NOW COMES defendant Quince Eddens, d/b/a Violin Makers Limited, to state his answer with new matter in response to plaintiffs' complaint, averring as follows: COUNT I - Breach of Express Warranty 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted with clarification. The male plaintiff came to defendant's place of business on July 16, 1999, with his daughter. 5. Admitted. 6. Admitted in part and denied in part. Plaintiffs purchased a one-half size violin from defendant in 1996. As to the remaining averments, after reasonable investigation, " i: tl il I ~ J" - i' ~~"~'___O,____ ~ ; ",-~,"T,''>_,.,,,,,,- ;-, . "~ "~',->-",," --'~;'~_c'_,_.,.,.,__; ,"~_~__ -, , , , . . . defendant is without knowledge or information sufficient to form a belief as to their truth, and proof thereof is hereby demanded at trial, if relevant. 7. Admitted in part and denied in part. Defendant admits that plaintiffs purchased a three-fourths size violin from him in November 1997. Defendant denies, however, that the purchase price was $192.92. This figure relates to a case and/or accessories plaintiffs purchased, not a violin. 8. Admitted in part and denied in part. Defendant admits that the first two violins purchased by plaintiffs were exchanged for full value when new violins were purchased from him. Defendant denies, however, that this business practice is customary with youth violins or otherwise. Many sellers of violins will not provide a full, dollar-for-dollar trade-in allowance for violins that have been used by students when a new violin is purchased. On the contrary, many sellers of violins will provide only the fair market value as a trade-in allowance. 9. Admitted in part and denied in part. Defendant admits that the male plaintiff and his daughter came to his place of business on July 16, 1999, with the express purpose of exchanging :1 il i " :1 I 'I I I f,_~,. her current violin for a new, full-size violin. Defendant - 2 - ,'. '-~--,-<--,. -, ,,,-," ~~,--"' ~- - -~ - ~ -)~ - c' w_, -" '-~'--' . .-,'-?--,--"--"- ~ ., , . . denies, however, that he told the male plaintiff or plaintiffs' daughter that the violin that was ultimately purchased by them on July 16, 1999, had been made in Germany. On the contrary, defendant did not provide any information to plaintiffs or their daughter about the provenance of the violin plaintiffs purchased on that date, nor did plaintiffs or their daughter ask for such information. 10. Denied. Defendant denies that plaintiffs' daughter (Agnes Kwon) asked him where the violin had been manufactured and further denies that she indicated any interest in European- manufactured violins. On the contrary, as noted in response to paragraph 9 above, neither the male plaintiff nor his daughter inquired about the provenance, including the country of origin, of the violin they purchased from him on July 16, 1999. 11. Admitted in part and denied in part. Defendant denies that there were discussions about the "make" of the violin on July 16, 1999. On the contrary, as noted in response to paragraph 9 above, neither the male plaintiff nor his daughter inquired about the provenance, including the country of origin, of the violin they purchased from him on July 16, 1999. The price paid for the violin and a bow and a case was $1,325. The - 3 - I ". ,- - ",~ ", . , , - . , , . -""'__T . ~ ", , .' ..-' charge for the violin itself was only $850 (less discounts). The remaining averments of this paragraph are admitted. 12. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. By way of further answer, defendant notes that plaintiffs made no inquiry about the country of manufacture for the two violins they had purchased earlier from him, nor did they ever tell him that they would not purchase any violin of Chinese manufacture because of any alleged belief in the inferior quality of Chinese-manufactured items. 13. Denied. The purchase price of the violin in question was $850 (less discounts). By way of further answer, defendants avers that the violin sold to plaintiffs on July 16, 1999, was a new violin, that is, one that had never previously been sold at retail or used by others (with the possible exception of demonstrations in the shop to prospective customers) . 14. Denied. Defendant did not represent, not even once, that the violin purchased by plaintiffs on July 16, 1999, was made in Europe or that it was of European or German origin. On the contrary, neither the male plaintiff nor his daughter made - 4 - Ii: , i~ "0" ,,<-.:,-".-- '," ~,~,,- , .' , . any inquiry about the provenance of the violin purchased on July 16, 1999, and defendant made no statement about its country of manufacture on that date or any other date. 15. Denied. The female plaintiff did not come to defendant's place of business on July 30, 1999, to complain about the quality of the bow that had been purchased from defendant on July 16, 1999 or otherwise. Furthermore, defendant denies that the female plaintiff produced a copy of any receipt and further denies that he kept it in his possession. Last, defendant denies that the female plaintiff brought the bow her husband had purchased on July 16, 1999. On the contrary, the female plaintiff came to defendant's place of business several weeks after July 30, 1999, and when she arrived, she brought no receipt with her or if she did, she kept it in her own possession and never offered it to defendant. Defendant had no need of the receipt, as he had his own copy. Furthermore, the female plaintiff brought another bow to defendant's place of business, not the one her husband had purchased on July 16, 1999. See defendant's answer to paragraph 16 below. - 5 - .. !o:__ ' -;"" ~.; " ,y ~-~- - , ' . . --~-" - I II ~ i ,. l " ii ,: 1 I: I I I ~ Ii r: I !! i ], ~ " I I 11 I I I I I I I I I i I I I I f' ". ~, , .' , . 16. Admitted in part and denied in part. Defendant gave the female plaintiff a new, high-quality bow to replace the missing high-quality bow that had been sold to the male plaintiff and his daughter on July 16, 1999. However, the inferior bow that the female plaintiff brought to defendant's shop was not the bow that had been sold to the male plaintiff and his daughter on July 16, 1999. Defendant was concerned that plaintiffs or their daughter had lost the new, high-quality bow sold to them on July 16, 1999, and were attempting to foist a "cheap" bow obtained from some other source upon him in hopes of obtaining a bow of the same quality that had been sold to them on July 16, 1999. Although it was clear what plaintiffs were attempting to do, in a gesture of good customer relations and without any obligation to do so, defendant provided a new, high-quality bow to plaintiffs without charge. 17. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. - 6 - - ,-'''-'''' ,'." - ~_.,- ^"- , " " .. .' , . 18-21. Admitted in part and denied in part. Defendant denies that he told the female plaintiff that the violin had been made in Europe. On the contrary, defendant has never provided information regarding the country of origin of the violin, nor was he asked for such information until February 7, 2000, when the female plaintiff first raised the subject with him. The remaining averments of these paragraphs are admitted. 22. Admitted in part and denied in part. Defendant denies the averment about the female plaintiff's activities after she left defendant's place of business on February 17, 2000, because after reasonable investigation, he is with knowledge or information sufficient to form a belief as to its truth, and proof is hereby demanded at trial, if relevant. Defendant admits " 'jl il :i! ;1 ,I 'il ;:; '.1 ;!, that when the female plaintiff and a friend returned to his place of business on that same day, defendant refused to allow the female plaintiff to re-enter his establishment because she , ; 'i , , .' "I I 'I ;1 ;;j ,Ij :1 earlier had been loud, abusive, and threatening toward him without provocation. 23. Denied. Defendant denies that the presence of "cleats" in the violin indicates that it had been previously repaired. i I , Defendant further denies that the subject violin had been - 7 - II " ~ -~ , -,,,,. - '. - ,~- -'" . ',.^ ..- I .. . l' repaired before he sold it to the plaintiffs on July 16, 1999. On the contrary, if the violin in question has cleats, they were either installed as part of the normal manufacturing process or as a part of a post-sale repair performed by a violin maker other than defendant. The violin was a new one and had not been previously repaired when it was sold to plaintiffs on July 16, 1999. 24. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 25. Denied. Defendant incorporates here by reference his response to paragraph 23 above. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint against him, and to award him costs of suit and any other and further relief as the Court deems appropriate. COUNT II - Breach of Implied Warranty of Fitness for a Specific Purpose 26. Defendant incorporates here by reference his responses to paragraph 1 through 25 above as if the same were set forth at length. - 8 - _ F_,:~o;,'" " ~'."- ",_ ___ - " ~ '. ",-"" ., -.- -" -'-~ . " .. , . 27. Admitted with clarification. Defendant knew that the violin purchased by plaintiffs on July 16, 1999, was being purchased from him for use by Agnes Kwon, plaintiffs' daughter. He further knew that she was a violin student at that time. 28. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. By way of further answer, defendant states that the violin selected by plaintiffs on July 16, 1999, was perfectly adequate for the purposes for which Agnes Kwon was likely to make use of it and was within the price range that the male plaintiff indicated he was prepared to pay on that date. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint agqinst him, and to award him costs of suit and any other and further relief as the Court deems appropriate. NEW MATTER 29. Plaintiffs' complaint fails to state a claim upon which relief can be granted. - 9 - ,.-.,,-;'; ':!_~ ~-~;-: , ,.' - ;0," -- ,- _,",,__'_~, <-;-~' -' < ~:~-.<----- ~ ;1. -,;:;,':; .,1,1......., -", '_":; 1. "r".," - -'., ,~, "',,-"~,-,- -. - -= ("" ~-'" '-c,__,- ,- - I , ~ I , " i 1 I , 'H ~__ ., 30. The purchase of the violin in question was the subject of a written purchase order, a copy of which is attached to this answer with new matter as exhibit A. 31. The violin cost was $850, and with a new bow and case, the total purchase price was $1,325. A credit in the amount of $375 was given for the violin, bow, and case being traded in by plaintiffs. In addition, an additional $50 "goodwill" discount was provided by defendant. 32. Plaintiffs have made no claim for the bow or the carrying case in this action; thus, the claimed loss can be no greater than the cost of the violin ($800, after discounts), plus Pennsylvania sales tax ($48) or a total of $848. 33. Student violins, that is, those sold in the price range of the subject one, are normally sold without reference to their provenance. 34. Purchasers of such violins are interested in price, sound, and appearance; because they are used almost daily by students who are often children, they are not expected to "last" for years or become collectors' items. 35. If plaintiffs had inquired about the provenance of one of defendant's violins and then based their purchase decision, in - 10 - ,~, "_''''","_ "c"," . - '". -_.,=~ .,-.."- ,- ~. J '[:_';'j,': _, ,",~_.,.,,_, ".'",0 L" _ .:-- . 'I " , . ..' . .' whole or in part, on that provenance, the sales slip issued by defendant would have recited the pertinent provenance information. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss plaintiffs' complaint against him, and to award him costs of suit and any other and further relief as the Court deems appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: September 7, 2000 By chf~~ I.D. # 23172 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 Attorneys for defendant - 11 - 'cc,,",_, - ,-~ ""~,~':"i_~-' 0~,_", -'--0-,.<---, -"-_".~_,'_ "" - ~ '-~-, "ol__^" ,~ --.., --, ~, - -'-,. "~~-,~ - , " , ., . .' I .1 VERIFICATION The undersigned, Quince Eddens, hereby verifies and states that: 1. He is defendant herein; 2. The facts set forth in the foregoing answer with new matteT are true and correct to the best of his knowledge, information, and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities. ~~ .~_: .--" '!"" ~ _ ,,- "' Quince Eddens Dated: August ~yv, 2000 -~,- ~- ' p--~' -, .. < <-- '" '" "-.-,,-- -,I .,- ~- - ,~. " --" , " ... ",' J. .1 . , -> CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 :EFE(W~~' Charles W. Rubendall II Dated: September 7, 2000 ., ;"' . '-'~'-',,"-"'~---y , "' -",i"--',:,,'-'--, '-"---;:::.-: ,--'- "-"~'.--~---- ,,,"--'".~--- ~ 1 ,:-~:- :;~< -," .- '-'~' ,---;---" ""- - ~- - - - ,,' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, husband and wife, * Plaintiffs * NO. 00-3331 Civil Tenn * vs. * CML ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant * REPLY TO NEW MATTER NOW come the Plaintiffs, Seung Yun Kwon-Lee and E Hoon Kwon, to state their rely in response to Defendant's New Matter, averring as follows: 29. Denied. Paragraph 29 of Defendant's answer with New Matter does not contain an avennent of fact, but rather a conclusion oflaw and therefore, does not require a response. 30. Admitted. 31, Admitted in part and denied in part. Plaintiffs admit that the cost of the violin was $850, and with a new bow and case the total purchase price was $1,325. Plaintiffs further admit that a credit in the amount of$375 was given for the violin, bow and case being traded in by the Plaintiffs, However, Plaintiffs deny that the $50 discount was a "goodwill" discount. Rather, the Plaintiffs had requested different strings for the violin at the time of purchase because Agnes K won preferred more sensitive strings. The --n<!W , . , , , " ~ Defendant gave Plaintiffs a $50.00 discount rather then re-string the violin, claiming that he did not carry the requested strings and would have to order them, 32. Admitted in part and denied in part. Plaintiffs admit that the have made no claim for the bow or the carrying case. Defendant had earlier replaced the inferior bow he had originally sold them to the satisfaction of the Plaintiffs. Plaintiffs deny that the $50 discount should be applied to the purchase of the violin since the discount was give in order to allow the Plaintiffs to obtain the desired strings as indicated in Paragraph 31 above. In addition, Plaintiffs cannot retrieve the violin they traded in, therefore they have also lost the value of that violin, case and bow, which has been established as $375. 33. Denied. Most violins, even those in the price range of the subject one, have labels or markings indicating the origin, maker or manufacturer of the violin. This information is normally located inside the violin and is accessible by looking through the left "F" hole. The subject violin has no interior markings at alL In addition, most violin sellers inform prospective purchasers of the origin of their violins. " 34. Admitted in part and denied in part. Plaintiffs admit that most purchasers are interested in price, sound, and appearance. Plaintiffs further admit that haJJ-size and three-quarter size violins are not expected to "last" as they are traded in as a student matures and grows. However, when the Plaintiffs purchased this full-sized violin, the expected it to last. 35. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment, and proof thereof is hereby demanded at trial, if relevant. _ '0 " '~,"f'."" "". _'_~"",d'l"'" -"_~.' 'f<-" .",. , ",%. , ..~. .-, -, ' . - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E ROON KWON, husband and wife, '" NO. 00.3331 Civil Term Plaintiffs, * * CML ACTION LAW vs * '" QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMTIED, * Defendant. * VERIFICATION The undersigned, SEUNG YUN KWON-LEE, hereby verifies and states that: 1. She is a plaintiff herein; 2. The facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, infonnation, and belief, and; 3. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: September 19, 2000 ~~. Seung Yun Kwon-Lee ,_ _L" "~ N-".' <-- . --'",~"'h""'-~' ,.<.t"-, "., - . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, husband and wife, * NO. 00-3331 Civil Term Plaintiffs * * CML ACTION LAW vs. * * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant * CERTIFICATE OF SERVICE And, now this 27th day of September 2000, I, Cynthia K. Montgomery, Esq., hereby certify that I have, on the above date, served a copy of the foregoing "REPLY TO NEW MATTER" by certified mail number 7099 3400 0014 7586 9956, return receipt requested green card, restricted delivery to addressee only, the Defendant, Quince Eddens, d/b/a Violin Makers Limited as follows: Charles W. Rubendall, II Keefer Wood Allen & Rahal, LLP Attorneys for the Defendant 210 Walnut Street P.O. Box 11963 Harrisburg, P A 171 08-1963 (717) 255-8000 Date: September 27,2000 h ynthia K. Mo tgomery Attorney for Plaintiff Attorney ID# 82008 62 Pleasant View Drive Mechanicsburg, P A 17050 (717) 796-2315 . , . '. ' , ~ .r l '. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E ROON KWON, husband and wife, * NO. 00-3331 Civil Term Plaintiffs, * * CIVIL ACTION LAW vs. * * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * STIPULATION And now, this 18th day of August, 2000, it is stipulated and agreed to by and between counsel for the parties that the parties have agreed to the filing of an amended complaint in the above captioned action. 0#f~ Charles W. Rubendall, II Attorney for Defendant ,-"'"- 'I , SEUNG Y. KWON-LEE and E. HOON KWON, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED I I I I i I ! ! ! ~j II II 4 Iii ! " , , QUINCE EDDENS, t/a VIOLIN MAKERS LTD., Defendant No. 00-3331, Civil Term DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION TO QUASH NOTICE TO ATTEND NOW COMES defendant, by his counsel, Keefer Wood Allen & Rahal, LLP, to answer the motion to quash notice to attend recently filed by plaintiffs, averring as follows: 1. [Plaintiff, E Hoon Kwon, serves as a Senior Manager with Leumiere Ltd., and is currently residing in Seoul, South Korea. The average cost of a round trip flight from Seoul, Korea to Harrisburg, Pennsylvania is approximately $1500.00. Therefore, the appearance of Plaintiff at the Arbitration hearing on November 8, 2000 would be excessively expensive in relation to the amount in controversy.] I I i ~ ~ ~ ~ r g I ! " I ~ H i I t, " " ~ ~ I ~-"'-- .'" ~~. -, ,'-, ~ .e, "-,,_._~"-"'W'),_."o_'_ -~~;"\'J'-' ;, ~_ "',_'7"",,""_ Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that E. Hoon Kwon, believed to be the male plaintiff in this case, is residing in Seoul, South '-'-,n":'.,,-_,-,.,_, ,H__ - -r.) _.-0 .,,-'~, .' ,--" ,,- ~'--:'- '-- ,," ~', ,"-'--~- Korea.' On the contrary, paragraph 2 of the amended complaint, filed just three months ago (on or about August 16, 2000), states: "Plaintiff, E. Hoon Kwon, is an adult individual residing at 51 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055." Defendant further disputes the assertion that requiring E. Hoon Kwon to travel from Korea to central pennsylvania to attend the hearing in which he is a plaintiff is "excessively expensive in relation to the amount in controversy." The amount in controversy is immaterial. Plaintiffs have brought an action against defendant; defendant should be allowed to offer whatever defense is appropriate, including requiring the attendance of both plaintiffs. As revealed by Exhibit A attached to this answer, E. Hoon Kwon was the purchaser of the violin in question. His testimony is essential, as this case turns on the credibility of the parties. Rule 234.4(b) directs the Court to "... protect a party... from unreasonable annoyance, embarrassment, oppression, burden or 1/ The motion is unverified, which takes on special importance because plaintiffs' counsel has twice told defendant's counsel that E. Hoon Kwon is uin the Korean military.H In this motion, however, he is shown as a civilian employee, - 2 - .,-<", expense." Requiring a named plaintiff seeking money damages to appear at the trial of that case is not unreasonable. 2. [In addition, the earliest return trip would be a minimum of 4 days later, which would require the Plaintiff to miss at least 5 days of work. This would be unduly burdensome to the Plaintiff.] Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, defendant notes that E. Hoon Kwon's residence, as shown above, is Mechanicsburg; moreover, it is likely that E. Hoon Kwon visits with his family from time to time even if he is working in Korea. 3. [The notice to attend was not served reasonably in advance of the date of the hearing as required by Pa. R.C.P. 234.3(a).] Denied. The notice to attend was served reasonably in advance of the arbitration hearing. The notice was sent on October 27; it was received, almost certainly, by plaintiffs' counsel on October 30 (the following Monday). However, this motion was not filed until November 3. Mr. Kwon would already be in Pennsylvania if plaintiffs' counsel had asked him to travel here at any time last week. - 3 - Moreover, defense counsel tried to serve E. Hoon Kwon with a notice to attend earlier in October. Because of his unfamiliarity with Korean names, counsel for defendant served a notice to attend on October 10, addressed to Seung Yun Kwon-Lee. Reviewing the caption in the amended complaint, it appears that Seung Yun Kwon-Lee is the husband. Specifically, the caption of the amended complaint reads as follows: "Seung Yun Kwon-Lee and E. Hoon Kwon, husband and wife." Based on this designation, the first notice to attend served in this matter named the first- named individual, believing that person to be the husband or the male plaintiff. Also, in defendant's response to plaintiff's request for production of documents, served September 7, 2000, defendant noted that he would be calling the male plaintiff as on cross- examination. See exhibit B attached. Therefore, plaintiffs and their counsel have known for some time that defendant sought to have the male plaintiff present at the hearing. It is entirely possible that Mr. Kwon left the United States after September 7, 2000. If his unavailability for trial had been revealed, a deposition for trial could have been taken. - 4 - f:,?s ',~ -. -- ~-" .~F-'''~=' '-"';-, ." . ,;"'",,'.-"~ --'~~- -'. -~-- ,,-~,-",- .- > --'.1:-' .---" -'-"-"--' o ~ " :1 ~ ~ ~ ~j ~ I II II "j 'I ;1 \; !j ;1 , ) , " 1.-1 'i ;~ :.;.1.'.. '1 :j --{ '~; :-1 -, }:. ,;' ~ '~ '~;~('''''~;''- --,',' WHEREFORE, defendant respectfully requests that plaintiffs' motion to quash be denied. Respectfully submitted, Dated: November 6, 2000 KEEFE: ~O:D iJ::~~"" By ~/ Charles W. Rubendall II I.D. # 23172 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 Attorneys for defendant - 5 - '-'-',,";, ..:'." c7'"_" '-' ~6-'''r ',C," - -c",-'Y,,"' ,-,<~-< -'--~ ,-;~~,-_ " ~",-~,,,,,-, -~ _'-"I " __ ___"~.,_,,,~_' ,~ _&pc-""'- VERIFICATION The undersigned, Charles W. Rubendall II, hereby verifies and states that: 1. He is one of the attorneys for defendant herein; 2. He is authorized to make this verification on his behalf; 3. The facts set forth in the foregoing answer to motion to quash are known to him and not exclusively to his client; 4. The facts set forth in the foregoing answer to motion to quash are true and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Charles W. Rubendall II Dated: November 6, 2000 "---~'~'"" " -.'-. "':l'_<. ,>",-- :-~SO:',,_"-"t"'>'"C"~ "-'-', '-' "" ~. - - - <'~ ~, - --,' - ~~ - - '.,.. .'- :.or-:>':.\. ;,'~il ~ .-., ""-"-,",> - ~ ----' -- > "'-'\.:'-~ -~" . ,Co - . - ~_. - .-...,,,:"" ,-.-------:..-, ~ ~-- -- .~~~-~--" --- ~~oLm~~~kg~~+'WfAR 064155 CAMP I.FL~ T p" A 1,';;:;"1- -" -- _~.u, _ Iv.;.. PHONE: (717) 730-6106 ~ .' i CUSTOMER'S ORDER NO. . NAME ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RECEIVEDBY . I ~ l f , t. I ! . " , [ : f- . TC 5805 '-">0-,;, "_ ,~, ;' ." ."" } PI! IT- ~ r.~ . 1'7055' C.O.D. CHARGE ON ACcr;"MDSE PAID OU RETO .' , , I r- --"---'" c.; ./ ' - .--c- 'r' +-- (. -~ .-\ "'" KEEP THIS SLIP FOR REFERENCE /---\ ~ . ~' I .J ; 1- "'~,_-/_ - c-:' : , ~ .-- SEUNG Y. KWON-LEE and E. HOON LEE, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, tla VIOLIN MAKERS LTD., D~e_ndant No. 00-3331, Civil Term DEFENDANT'S RESPONSE TO PLAINTIFFS' REOUEST FOR PRODUCTYON OF DOCUMENTS 4. All lists of names and addresses of witnesses which you intend to call at the trial of this matter. RESPONSE: At this writing, defendant anticipates offering Mr. Eddens, Mr. Bluett, and the male plaintiff (as on cross- examination). Respectfully submitted, Dated: September 7, 2000 ::(w~' '" Charles W. Rubendall II I.D. # 23172 210 Walnut Street P.O. Box 1196 3 Harrisburg, PA 17108-1963 717-255-8010 Attorneys for defendant -18 , " , _,. ". ': __'h"._ ,~"-".___. '_ ""'_~~,"_,' - "', y_" '"" " "'-, CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 KEEFER LLP Charles W. Rubendall II B Dated: November 6, 2000 i'l ".1 10 f "I ,. :'~"- ~ ,." ~" --'-",-""-' ','---,'-,'--'. ~---,-~ -~- -" -, .;~- ~-,-> - - - - -",'- ">. '," ',' ' ~ , ',d~ '>. ."~/.>..~ ,"""."., "",.,p,.V>" ., "r ^,?- '.'''''.'''.'''''' "" ?- <~~-"-- ~.""- """ ~ n c -/ -rJ f~;': ~p~:~: . -;r:,..- -G0 ~~ ~ -C,', r-l'-J t~ z :< , . . .' ......",. ~:!: '~~ .j'..... ! C-" ('-::1 ~a~ '" ::D -< p-r:.l r:- ::> (;:J ''''''".-~: ~.() a e.& tfr"v) -I--;; l, /" v' !l.'^!(A" i ~ ..'~ ~,- - " HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL n ROBERT L. WELDON EUGENE E. PEP IN SKY. -.JR. THOMAS E. WOOD JOHN H. ENOS ill GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE -.JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT DONALD M. LEWIS m BRIDGET M. WHITLEY CRAIG A. LONGYEAR BRENDA L. GACKI -.JOHN A. FEICHTEL STEFAN IE A. MORRISON HAND-DELIVERED KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. 0, BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE (717) 255~SOOO FAX (717) 255-S050 WEST SHORE OFFICE: 41& FALLOWFIELD ROAD CAMP HILL, PA 17011 (717) 812-&800 EIN No. 23-0716135 WRITER'S DIRECT DIAL: November 6, 2000 255-8010 E-mail: crubendall@keeferwood.com 2nd Floor Fax: 255-8003 Honorable Kevin A. Hess Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re: Kwon-Lee, et al. v. Eddens No 00-3331 Civil Tp.rm Dear Judge Hess: Here is a courtesy copy of the answer to motion to quash notice to attend that we are filing on defendant's behalf this date. We understand that you will conduct a conference call to discuss this motion with counsel on Tuesday, November 7 at 4:00 p.m. Thank you for your attention to this case. Very truly yours, KEEFER WOOD ALLEN & LLP By C~,-, Charles W. Rubendall II CWRII/ sg Enclosure cc: Cynthia K. Montgomery, Esquire (w/encl.) , I c !- :l . , '.:,11.' ~l '>I III ~ f! ~ I 11 il II :~ i' ~;: ~j %' ~1 " 'M ~I ~J rl Ii ~-~ :r, ,,:' --,'j ;: ~N 'I; ~!: )': .'1 ':', ~r 1:i "i "Ii ~~ j~ i~ ':_i; (I, ;: 'i' ,-" " "( ;~i! u c'\ '1~ I' ;;:: -'" ~, ~f " <"-,-,,..- '.',-",--,-. SEUNG Y. KWON-LEE and E. HOON KWON, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, t/a VIOLIN MAKERS LTD., Defendant No. 00-3331, Civil Term DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION TO OUASH NOTICE TO ATTEND NOW COMES defendant, by his counsel, Keefer Wood Allen & Rahal, LLP, to answer the motion to quash notice to attend recently filed by plaintiffs, averring as follows: 1. [Plaintiff, E Hoon Kwon, serves as a Senior Manager with Leumiere Ltd., and is currently residing in Seoul, South Korea. The average cost of a round trip flight from Seoul, Korea to Harrisburg, pennsylvania is approximately $1500.00. Therefore, the appearance of Plaintiff at the Arbitration hearing on November 8, 2000 would be excessively expensive in relation to the amount in controversy.] Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that E. Hoon Kwon, believed to be the male plaintiff in this case, is residing in Seoul, South . ',~,l_', "~,' _ -,'''. '7-' - - "-- -, , _.-_"_",,,,_,,,,,"_,;:~L?,~__ ,~.~ . - " ,'. - ~, ,~, -,' ,I - ">-.-," "" '- "- -,-,-' . .:;'- .,- '~--"-" Korea.' On the contrary, paragraph 2 of the amended complaint, filed just three months ago (on or about August 16, 2000), states: "Plaintiff, E. Hoon Kwon, is an adult individual residing at 51 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055." Defendant further disputes the assertion that requiring E. Hoon Kwon to travel from Korea to central Pennsylvania to attend " i' 'I II ~! I, ji i: " II II il ,j !i \1 "I 1:1 i1 "J j" (,1 I: !;' ~j 11 II :; Ii !; lj ~i ~1 Ii I! i! l~ il 1] I j, , J\ ,. Ii II i: Ii ij ); !l j;: Ii Ii II , the hearing in which he is a plaintiff is "excessively expensive in relation to the amount in controversy." The amount in controversy is immaterial. Plaintiffs have brought an action against defendant; defendant should be allowed to offer whatever defense is appropriate, including requiring the attendance of both plaintiffs. As revealed by Exhibit A attached to this answer, E. Hoon Kwon was the purchaser of the violin in question. His testimony is essential, as this case turns on the credibility of the parties. Rule 234.4(b) directs the Court to "... protect a party... from unreasonable annoyance, embarrassment, oppression, burden or 1/ The motion is unverified, which takes on special importance because plaintiffs' counsel has twice told defendant's counsel that E. Hoon Kwon is "in the Korean military.// In this motion, however, he is shown as a civilian employee. - 2 - .=0' ',' '"~_,~ .~_' _ ,_",_, ,,___~,~___, _, -;'f~",~_'"_', -:7_-"' ; ~ expense." Requiring a named plaintiff seeking money damages to appear at the trial of that case is not unreasonable. 2. [In addition, the earliest return trip would be a minimum of 4 days later, which would require the Plaintiff to miss at least 5 days of work. This would be unduly burdensome to the Plaintiff.] Denied:- -After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, defendant notes that E. Hoon Kwon's residence, as shown above, is , , ! Ii " ~{ ~( ~ 1,9 ;:'i Mechanicsburg; moreover, it is likely that E. Hoon Kwon visits with his family from time to time even if he is working in Korea. 3. [The notice to attend was not served reasonably in advance of the date of the hearing as required by Pa. R.C.P. 234.3(a).] ~~: ~, ~~ ~~ rl: ;'1 ~j 111 K1 {1 ~~ ~! l~ ~, Denied. The notice to attend was served reasonably in advance of the arbitration hearing. The notice was sent on October 27; it was received, almost certainly, by plaintiffs' counsel on October 30 (the following Monday). However, this ~; B ~1 1;ij " ~j i1 il ~i il il 1'1 i~ r,,1 !I 'I II ~" motion was not filed until November 3. Mr. Kwon would already be in Pennsylvania if plaintiffs' counsel had asked him to travel here at any time last week. ~) - 3 - "~I r: J~ ;:) II ',':f "",,:,. ,"5:":':; _~,~~ ,"" ,.",-- - "-, _ ~>" ",_, - ~"- , c- c ,"' "4 , > .. '-I--'~ '," ,--' '. - -~ ."".." ,"~",- -,' ,- Moreover, defense counsel tried to serve E. Hoon Kwon with a notice to attend earlier in October. Because of his unfamiliarity with Korean names, counsel for defendant served a notice to attend on October 10, addressed to Seung Yun Kwon-Lee. Reviewing the caption in the amended complaint, it appears that Seung Yun Kwon-Lee is the husband. Specifically, the caption of the amended complaint reads as follows: "Seung Yun Kwon-Lee and E. Hoon Kwon, husband and wife." Based on this designation, the first notice to attend served in this matter named the first- named individual, believing that person to be the husband or the male plaintiff. Also, in defendant's response to plaintiff's request for production of documents, served September 7, 2000, defendant noted that he would be calling the male plaintiff as on cross- examination. See exhibit B attached. Therefore, plaintiffs and their counsel have known for some time that defendant sought to have the male plaintiff present at the hearing. It is entirely possible that Mr. Kwon leLk the United States after September 7, 2000. If his unavailability for trial had been revealed, a deposition for trial could have been taken. - 4 - ""'--' -, "n- -"'_'-"'_,'''''''''"__", _,,--- '-'_"OJ ',' , ~ -"~-'" ", .,--- " '" -1- --" " . WHEREFORE, defendant respectfully requests that plaintiffs' motion to quash be denied. Respectfully submitted, Dated: November 6, 2000 KEEF: ~~D !J:~"" BY~/ Charles W. Rubendall II I.D. # 23172 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 ,I [I !l id II f;i [t f:] 1'1 [1 il II ~j ~j ,!~ i0i. (l " ,j 11 d :1 " ;) " ~,l ;1 ;l Attorneys for defendant :1 :1 I:.i :j I 1(1 ;J ;1, ,,; i! [I." , '. t" ---< - 5 - " ,,- ',-"~-,~,~,~-, '; ''''' - - ?_," c,:-. -"'^ ._f . <. .'. "n" -~ " ,.", VERIFICATION The undersigned, Charles W. Rubendall II, hereby verifies and states that: 1. He is one of the attorneys for defendant herein; 2. He is ~chorized to make this verification on his behal f ; 3. The facts set forth in the foregoing answer to motion ~,lll 1 , I ~I I :;> i " 'j! 'jj '~ .':! ',ll! " ',~,'l ~l ~ :~i '!! '~j ." to quash are known to him and not exclusively to his client; 4. The facts set forth in the foregoing answer to motion to quash are true and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. :j! ',\[: :i1 '" ri! :!; ] ~i ~i .(~ i1i ::l '~! ~t' :1; ',; !I !V Charles W. Rubendall II Dated: November 6, 2000 ~~ :~~ :11 ~i ;~! :1 ~! 'i!~, . ~ ".". ! ,-, .-' '-'-' ,),-,~ - " ",':"",-"--<' ".- 0"-_ -, f )-' ,-", -,',-,-- '.,. -, I I I I I " I , ! , , ! i ,j ~ r ~ IT f: ~ ~ \ ~ iE; l I I ~i "I ~ ~I I [~ \ .1 ill r I ~I , ~ f ~ ~ :U rd r:j 1 :;,1 f,j ~j l11 CI [jj :;j II f~ ! ~! ~1 III :! ~!: I ~! , "I t ~1.1 ! 'I , 'I Q ~I !I ~, n :;; ~l (~l fl. 1'1 ,"., ;1 ~.; ~, !h :1:: ~J ", '''' rj iH ,;" -" .......-. . - -, - h_~ ._ - - ",-- +-"- .-',.-' ~ - .~,-. "-.----'-. -- . VIOLIN l'.<tAKERS LIlVIITED 064155 ........<~ 3300 rU~-iT[pT C:r;"'~P"'~:"1 n'1'AR - ";:'t.:._ . . ...:,... ~ . O......l.;..~..:.:. ~ .!.:".i.;.l CAMP P- T FA "-~'1 1._ -.!.l..1..J..u, .t/vJ.. PHONE: (717) 730-6106 ,. CUSTOMER'S ORDER NO. I DEPARTMENT D?_16-?7 - NAME ~ . ,........,.. KIJ/ON ( 7~~-1~ , , ADDRESS 5/ JI/llt7-:'le Ct I CITY, STATE, ZIP Heel; 'b PA ~.f> !.'!, . 1'705:5' MvC>' ~u.r-a , SOLD BY : CASFI C.OD. CHARGE ON ACCT. MDSE PAID OUT RETD ' '. )UAN: ,,' , .;" DESCRIPTION"""'''''"''' .;.'..; ..,,'i;'.;r;;;!'c:;:llRICEf'-.e.RAMOONJAl . " _ _ _ ,. ,.' .' ' '." ,'~,'Il_~:~..,;:.c:._",,".~'_,. .~,,_ ~_:'i_'.iif':'....- . '" ~.,-."%- ,~ __ . .~. , ' 1 -' / ~J r st./- : " /A / 2 ....., / -'" (./ 7" - -, .r I I , / 3 ~ 7if/ /,f/. /--/: ; , .....-! ;Cif- : c:&_y 4 , /~ ./,? /~: ~ - ~// oJ J'.:) 1-7 .., r- :.- 5 , ,~~~ f/',,/ : 6 I 7 , 8 ,">".- /:/ "//- I ,- 9 ,:.- ;:,..;?........ .J ~.- I ..L.. 10 ~,'..,.. / '/#- // .-' -;~~ l.. '~ " 11 ~ -....,e -- .... . " \ -'7 -;......- 12 ~~'l , ~ , ,/ L.,.? I .". - - l- n ......- , 14 " }~ , -- ../ c-' r t';.-'" I 15 ~,... . , -::. 16 -::r_ :::.~ -r- '...., 17 . ,- /1 >--, , ~ 18 7T I ---r : 19 , 20 : RECEIVED BY -, , > A .. " .. /"---'...... , KEEP THIS SUP FOR REFERENCE \._- i . , .Co - ,C sa05 .w~",,'~_ . ;", .", ' ," !_",~_~ .,-., " ~ ~ ~ - - " ,., ,---,~":'- ' . -I ~ - I , ~- - !" , -, ,~~,- SEUNG Y. KWON-LEE and E. ROON LEE, husband and wife, IN 'THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED ! i l i ~ QUINCE EDDENS, tja VIOLIN MAKERS LTD., Defendant ~ -- No. 00-3331, Civil Term DEFENDANT'S RESPONSE TO PLAINTIFFS' RROUEST FOR PRODUCTTON OF DOCnMRNTS ~~ , , ~ I ~ ! ! '" ~ , 4. All lists of names and addresses of witnesses which you intend to call at the trial of this matter. , ;11 RESPONSE: At this writing, defendant anticipates offering Mr. Eddens, Mr. Bluett, and the male plaintiff (as on cross- examination) . ';1 g f.: ~i \, ;; ~- 'i: ~' , Respectfully submitted, ~. !: if Dated: Septembe~ 7, 2000 :EFER/~" ~, Charles W. Rubendall II I.D. # 23172 210 Walnut Street P.O. Box 1196 3 Harrisburg, PA 17108-l963 717-255-8010 ~ t, .f, ~: ~: " ~i " if' t, \j'i ~: , Attorneys for defendant ~, \i 1;] ~I ~! , EIIltBU t3 ~i ~, ~! "e, . '. . (,' _, -',,~_. _ w, _'-" 'I V.,'C.'" -',,-i- I i ". ~ f'- ~~"'" '--'''''':'''''''''''''''''""':,';.c.>....-' CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 KEEFER WOOD ALLEN & RAHAL, LLP BM~ Charles W. Rubendall II Dated: November 6, 2000 :,- , -"",,?,,-"",,'-,-,;, ---'--"'"'- ~,-.' ..~,:"'-, . ,., _--'_'__~__""_c._'__-<'-__ -. '~--'C:""-'"-' , ~=-- - ._~, - " '" Cynthia K. Montgomery, Esq, 62 Pleasant View Drive Mechanicsburg, P A 17050 November 3, 2000 Prothonotary/Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania Re: Kwon-Lee, et aI. v. Eddens No. 00-3331 Civil Term Arbitration Hearing 11/8/00 Dear Sir or Madam: Enclosed is a Motion To Quash Notice to Attend directed to my client, E. Hoon Kwon (Lee). As the Arbitration hearing to which this Notice applies is scheduled for Wednesday, November 8, 2000, we respectfully request that hearing and decision of this motion be expedited if at all possible. I have been advised by Counsel for the Defendant that he is available for hearing on this motion anytime on Monday, November 6th or Tuesday, November 7th. I am likewise available on those dates. Your attention to this matter is appreciated, Sincerely, Cynthia K. Montgomery, sq. CKM/tlf Enclosure ,,-, .., "., -'-_--_-__:--'l',::c:"~:,~,P_\:_<_:'_~"_. . .-,''''. 'i-'_"f"~;<"'_'_""y_ - '-->~-r',-;:< .' - ""-~-" --t--- ''''J , ..... NOV (I 3 2000tP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YON KWON-LEE, and * E HOON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * vs. * . CIVIL ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * ORDER AND NOW, to wit, this day of , 2000, after hearing held, it is hereby ORDERED that the "Notice to Attend" issued to E Hoon Kwon is hereby quashed. BY THE COURT, J. ,~" " . . . ..-- ~ "'""'"" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E ROON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Tenn * * CIVIL ACTION LAW vs. * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * MOTION TO QUASH NOTICE TO ATTEND NOW, comes the Plaintiff, by his attorney, Cynthia K. Montgomery, and pursuant to the Pa, RC.P, RuIe 234.4 (b) moves to quash the "NOTICE TO ATTEND" directed by defendant to E Roon Kwon, of which a copy is attached hereto as Exhibit A, upon the following grounds: 1. Plaintiff, E Roon K won, serves as a Senior Manager with Leumiere Ltd., and is currently residing in SeouI, South Korea. The average cost of a round trip flight from SeouI, Korea to Harrisburg, Pennsylvania is approximately $1500.00. Therefore, the appearance of Plaintiff at the Arbitration hearing on November 8, 2000 wouId be excessively expensive in relation to the amount in controversy. 2. In addition, the earliest return trip would be a minimum of 4 days later, which wouId require the Plaintiff to miss at least 5 days of work. This wouId be unduIy burdensome to the Plaintiff. 3. The notice to attend was not served reasonably in advance of the date of the hearing as required by Pa. RC.P. 234.3 (a). C thia K. 0 gome Attorney for Plaintiff Attorney ID# 82008 62 Pleasant View Drive Mechanicsburg, P A 17050 (717) 796-2315 :.7 . "" ^ .~--- .'." .'T~_, , n,<1"'r.,-_" ..-- . - HEATH L. AI-LEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY. ..JR. THOMAS E. WOOD ..JOHN H. ENOS ill GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER WAYNE M. PECHT DONALD M. LEWIS m BRIDGET M. WHITLEY CRAIG A. LONGYEAR BRENDA L. GACKI ..JOHN A. FEICHTE.\.. STEFANIE A. MORRISON G.t-h\~11 ,A KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P. 0, BOX 11963 HA~RISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE (717) 255-8000 FAX (717) 255.8050 WEST SHORE OFFICE: 41& FALLOWFIELD ROAD CAMP HILL, PA 17011 (717) 812-&800 EIN No. 23-0716135 WRITER'S DIRECT DIAL: October 27, 2000 255-8010 E-mail: crubendall@keeferwood.com 2~d Floor Fax: 255-8003 Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 Re: Kwon-Lee, et al. v. Eddens C.C.P. Cumberland No. 00-3331 Civj] Term Dear Ms. Montgomery: To avoid any confusion, I am $erving .you with a notice to attend for E. Hoon Lee. I insist that both plaintiffs be in the courtroom on November 8. See Pa. R. Civ. P. 234.3, 234.5. We do not intend to excuse compliance with our notices to attend by either the male plaintiff or the female plaintiff. Please be guided accordingly. CWRII/sg Enclosure l;li,~ , - ~- Very truly yours, KEEFER WOOD ALLEN & RAHAL, By fa~ -R~~ll LLP II [~ ~\ \ b i~ .1\ 'jJ, ',' , " , SEUNG Y. KWON-LEE and E. HOON LEE, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED QUINCE EDDENS, t/a VIOLIN MAKERS LTD., Defendant No. 00-3331, civil Term NOTICE TO ATTEND TO: E. Hoon Lee, a plaintiff herein (1) You are directed to come to the second-floor hearing room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, November 8, 2000, at 1:00 p.m., to testify on behalf of defendant (as on cross-examination) in the - above case, and to remain until excused. (2) And bring with you the following documents: Any and all sales slips, credit card charge slips, letters, notes, or other written documents of any description relating to the purchase of violins from defendant at any time. See paragraphs 5 through 11 of plaintiffs' amended complaint. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the ,: 'I 1.\ , I" ; -f A 'P"-CI (" L ~" '. -'"':""1_. ,__ _",_~.-J.', _. , "'1 -j L sanctions authorized by Rule 234.5 of the Pennsylvania Rules of civil Procedure. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: October 27, 2000 By c(~-=L I.D. # 23172 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 717-255-8010 Attorneys for defendant - 2 - f y \, \'., t /\ fJH" J i:~ _ .--~ .= -~.~ . '" " ..~" - , CERTIFICATE OF SERVICE I, Charles W. Rubendall II, Esquire, one of the attorneys for defendant, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Cynthia K. Montgomery, Esquire 62 Pleasant View Drive Mechanicsburg, PA 17055 KEEFER WOOD ALLEN & RAHAL, LLP ~~r- Charles W. Rubendall II By Dated: October 27, 2000 J=-.~ L\ ~,i I { /\ ~, Ii !;;!i~ , ". '. "', .~~~-, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * vs. * CNlL ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * ORDER AND NOW, to wit, this day of , 2000, after hearing held, it is hereby ORDERED that the "Notice to Attend" issued to E Hoon Kwon is hereby quashed. BY THE COURT, J. ,~~, , "."" < " ~ ". , -,f ~1' " '. - - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * * CIVIL ACTION LAW vs. * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * CERTIFICATE OF SERVICE And, now this 3rd day of November, 2000, 1, Cynthia K. Montgomery, Esq., hereby certiJY that I have, on the above date, served a copy of the foregoing "MOTION TO QUASH NOTICE TO ATIEND" by first-class mail to addressee only, the Defendant, Quince Eddens, d/b/a Violin Makers Limited as follows: Charles W. Rubendall, II Keffer Wood Allen & Rahal, LLP Attorneys for the Defendant 210Walnut Street P.O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8000 Date: November 3, 2000 c. " ,~ , -0"- T NOV 0 3 200rIP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN"NSYLV ANIA SEUNG YUN KWON-LEE, and * E HOON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * vs. * CIVIL ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * ORDER AND NOW, to wit, this day of , 2000, after hearing held, it is hereby ORDERED that the "Notice to Attend" issued to E Hoon Kwon is hereby quashed. BY THE COURT, 1. -" ~- - ~, ....,.,. NOV 0 :1 2000 P:h IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E HOON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * vs. * CIVIL ACTION LAW * QUINCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * ORDER AND NOW, to wit, this day of , 2000, after hearing held, it is hereby ORDERED that the "Notice to Attend" issued to E Hoon Kwon is hereby quashed. BY THE COURT, 1. '" '" ~ . , ,- -.),-- _M~_ ~__ NOV 0 3 2rJfJO!f; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEUNG YUN KWON-LEE, and * E ROON KWON, wife and husband, * Plaintiffs, * NO. 00-3331 Civil Term * vs. * CML ACTION LAW * QUlNCE EDDENS, * d/b/a VIOLIN MAKERS LIMITED, * Defendant, * ORDER AND NOW, to wit, this day of , 2000, after hearing held, it is hereby ORDERED that the "Notice to Attend" issued to E Roon Kwon is hereby quashed. 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