HomeMy WebLinkAbout98-06224
No. q f ,~If Civil Term
'-
\
I
,
..
1
, ,
l
';1
~..
p'
:d
, I
.
"
:
:
,.
erus ()ANYr'.
vs.
~AA""Q .~ ~
~7I. (}J.
Court of Common Pleas
Cumbo Co.
.~
T
f'
\
I
,
,
. ~. ".' .
I
I '
.
\
~
~
,. ,
i'
l'i
":"','
. \
~<-' . .-,'';f-..c....'
, ~. ':.'-...;
2. At the tirne you were served, or at any subscquent tllllC. was there In your possessIon, custody
or control, or in the joint possession, custody or control of yourself and one 111 or more other persons and/or
entities, any property of any nature owned solely or In part by the Defendants?
ANSWER:
YES, Customers held two Checking accounts, # 63860503 and # 10062718, Funds held in escro
and on 12/16/98. both parties agreed via a signed Consent to Disburse, to a
settlement amount of $3,375,47, which was mai led to the Sheriff of Cumberland
County,
3, At the time you were served or at any subsequent time, did you hold legal title to any property
of any nature owned solely or in part by the Defendants or in which Defendants held or claimed any interest?
ANSWER:
NO,
CERTIFICATE,Of_SERYJCJ;
I, ROBERT L. KNUPP, ESQUIRE, do hereby cerlify that I have this date served an original and three
(3) copies of the within Interrogatories in Attachment upon Garnishee, FIRST NATIONAL BANK OF
MARYLAND, successor to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, by causing same to be
deposited in the United States mail, first class, postage prepaid at Harrisburg, Dauphin County, Pennsylvania,
addressed as follows:
ATTN PAUL SUPlEE
lEGAL DIVISION
FIRST NATIONAL BANK OF MARYLAND
MAil CODE 101-B50
PO BOX 1596
BALTIMORE MD 21203
KNUPP & KODAK. P,C,
/!A4 " &:,J ckr/ h
Robert L. Knupp
Attorney for Plaintiff
Dated: December 16, 199B
DISTR!2UT!O:;
rIc. lJH-(,)),l Ci\' i I TI'tll\
tic,
HN:; ^!:;~;(W i.lt l':;
Kenny Ci Hong and .JilC Nyo lIonq
vs
Re,,!. Debt
Inte=est
Atty's Ccm.":1.
W=it Costs, Att1.
Writ Costs, ?l~::
She=iff's Ccsts:
Docketing
pcur:.cage
Pas ting Eil.ls
Acu,tionee=
La.,.; Librc.=-..r
County
Se::-/ice
Sctisfy
W-, -
__c,
post:;:cne Sa.le
Levy
SU=c~arge
Ga=:1ishee
Oe=eccant Paid to
Ac.~/ance Cas ts
Total Collecte-:::::
D ISTRI3UTION
Pd. to Atty.
Pd. to Prothonotary
Credit Writ with
S3969.8B
,1? ~O
19B.49
:13.00
S 18.00
67.5]
,50
1. 00
6.20
20.00
18,00
9.00
$] 40.21
She=iff
$3385.26
1.50
848.6]
t
i\ttC=:1f~'/: I~()tlt'r' KfllJpp
1 9 t.~'=.:.. t
19
$4233.87
~
S3375,47
150.00
$3525,47
.i
'/
Sc en.~erN:
-,jJIfII"-(J;'-"/ V ~
7" ''';''''r.r~''I''','..r;~.~.',:.'',,,,,./ ~'_
-1' -'" J "-c.e'
R. THO~~S KLIN~, ste=iff
, ,
I,
I'
I
by
.'1 cl, '''',I}'Ll ( l-
I jDe;11 ty 5te=:.==
i'
.. ~ >l,) ..,,~'" ~
~"', ".", .. ", - '.'
., . "...~,. ,... " '... .._.., .. ,_ ..1 ";.
up,o,," 'H I~ ...~ '" ""., ....... .h'".' .. '.' ~~..~..."
., ..' -" .. .. ... : '~~::. :~'. ~ ','. ',.' ,....
'..... .... ......-........
...."'.n OJ
,. ... ...... ~.. ~'. JI... "
II hi'''. "L .
. I"' .. ~ ....". ~:: =: ~ _:.',' : ~
(~,. Y II ". .. ~.".... "
'j"I" .".....
(')1011
(""....., ""_,,., "1 '.
" .." .,.~
,......., .
......
II' ..., ~..."
..,.,..,.,'."
".-", ....-
" "'-" ..j
." .....,.... "I
.,."......,...
"1 '" .... ~..".
j,.....
.",. "
'!',(I'L"'
..p."
.........."
p. .. .... ~
'0 'L....
....... ..>
, (. II U 11 . I - ~ . q
.../. '~"~'
.. '''"~' ... ."".
." ""...
'"~ V""""
" l',....
.... ':'
.. ..~..,.
"V""
I.'"
CJ I
:4
I ~ 0
:c z
'" '" 0
~ ~ 0 H
S >' f-<
e Z ::>
" ... U '"
" "
... ... U) ~ W 'H
W X 'H
~ '" W ,,'
o.~
H 0 00: o.,~
~ u C~ ~ 0 ;:l '"
0 :> ~ C~
U) ~'"
U) CJ w ...
<J; Z p., , 0
~ 0 H ,..:l'H
(jJ :c u '-'~
~ W
H ;;i H ~
) CJ OJ ...
p., ,QO
~ 0 ~ O~
00:'"
~: ~ w
.,.< ~
" 0
:;: Z
p- \ . ,~ ?
...,..., N
'~ ......., "-J') '~
~'0 .........
~ -' -...::.,-
CO \'-0 ~
r'(S ~
~ ~'~ ~ ~
i; .-.J
~ ~ <--(j
cJ--.J ~~
"')'- ~ 1\'0
RNS ASSOCIATES
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KENNY GI HONG and
JAE NYO HONC
Defendants
NO. 'tJ - f...J:?'i CI' if '0..,-
CONFESSED JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of
authority, a true and correct copy of which is attached to the
Complaint filed in this action, I appear for the Defendants and
confess Judgment in favor of Plaintiff and against Defendants as
follows:
Principal Amount Due . , . , .
$ 3,385.89
Interest Amount Due
$ 232.1.0
U60.89
$ 3,969.88
Attorney Collection Fees.
TOTAL . . . , . , . , . ,
Judgment entered as above.
KNUPp & KODAK, P.C.
BY~~ , ~~,~
Robert L:-KnUpp, ES~.6V"; .)
Knupp & Kodak, P.C,
PO Box 11848
Harrisburg, PA 17108
(717) 238-71.51
Five Dollars and Eighty-Nine Cents ($3,885,89), a photostatic copy
of which is attached hereto as a true and correct copy thereof.
4. The Demand Judgment Noto was signed at the end thereof by
the Defendant.
5. At the time that the Defendants entered into the Demand
Judgment Note, they also signed a Disclosure for Confession of
Judgment a copy of which is attached hereto as Exhibit "B,"
6. Despite the promise made in the Demand Judgment Note, the
Defendants made only one payment in the sum of Five Hundred Dollars
($500,00) on or about May 4, 1998 and have, since that date, failed
to make any further required payments.
7. A demand was made upon the Defendants, in writing, as
required by the contents of the Note, to pay the default sum to the
Plaintiff within five (5) days, A copy of that demand is attached
as Exhibit "C.II
8. Despite the demand, the Defendants have failed to pay
anything further.
9. The instrument attached as Exhibit "A" has not been
assigned,
2
10. Judgment has not been entered on the attached instrument
in any jurisdiction,
11, The Defendants are indebted to the Plaintiff in the
amount of Three Thousand Three Hundred Eighty-Five Dollars and
Eighty-Nine Cents ($3, 385,89) together with interest at the rate of
six percent (6%) beginning October 1, 1997, and to the date of the
filing of this Complaint, which interest is calculated to be the
sum of Two Hundred Thirty-Two Dollars and Ten Cents ($232.10), all
of which is due and payable payable in the full sum of Three
Thousand One Hundred Seventy-Nine Dollars and Ninety-Nine Cents
($3,179.99)
together with ten percent
(10%)
as reasonable
attorney's fees or, the entire sum of Three Thousand Nine Hundred
Sixty-Nine Dollars and Eighty-Eight Cents ($3,969.88).
WHEREFORE, Plaintiff demands judgment in the sum of Three
Thousand Nine Hundred Sixty-Nine Dollars and Eighty-Eight Cents
($3,969.88) plus interest from the date of judgment as authorized
by the warrant appearing in the said instrument.
Respectfully submitted,
KNUPP & KODAK, P.C.
BY:~~:~~~~
Knupp & Kodak, P.C.
PO Box 11848
Harrisburg, PA 17108
(717) 238-7151
3
/'
o
,-,'
'-./
DEMAND JUDGMENT NOTE
$3.885,89
April 28. 1998
KENNY GI HONG and JAE NYO HONG. (heroinafter referred to as "Hong").
upon demand, do hereby promise to pay to the ordor of COMMERCIAL INDUSTRIAL
REALTY COMPANY, of Camp Hill. Pennsylvania tho sum of Four Thousand Seven
Hundred Thirty-One Dollars and Six Cents ($3.885,89) together with interest on the
unpaid balance at the annual rate of six (6) percent beginning October 1. 1997,
payable in equal monthly installments of $500,00 beginning May 1, 1998,
AND FURTHER, upon default, the undersigned do hereby authorize and
empower any attorney of any Court of Record of Pennsylvania or elsewhere to appear
for Commercial Industrial Realty Company and enter judgment against Hong In favor
of any holder of this Note for the above sum, plus costs of suit, interest to date of
confession, and with ten (10%) percent as reasonable attorney's fees, Hong hereby
waives and releases all benefit and relief from any and all appraisement, stay of
exemption laws of any state now in force or hereafter to be passed, This Note and
the effectiveness of its terms shall be governed by the laws of the Commonwealth
of Pennsylvania, No default shall be declared without first notifying the Hongs in
writing of the failure to make any payment when due and affording the Hongs five (5)
days in which to cure the default.
EXHIBIT A
>-'
....
Cl
"-::~
DISCLosunE Fon CONFESSION OF JUDGMENT
KENNX, G, HONG and JAE NYO '.IONG (hereinaftor reforred to liS "Hong") executing
this 7_~121 day of Ap~, 1D~, a Demand Nato for ~O obligating them to
repay that amount. Initials 101 t}IL. 41~'g'S, Bj .
A ropresentalivo of Luther E, Milspaw, Jr. has explained to Hong that the Note
t:ontains wording tllat would permit COMMERCIAL INfJUSTRIAL REALTY COMPANY
to onter Judgment against Hong at the Courthouse if the Note becomes in default,
without notice to Hong and wit.hout offering Hong an opportunity to defend against
the entry of Judgment, and that Judgment may be collected by any legal means,
Initials 101 d /v '
In executing this Note, Hong knOWingly, understandingly and voluntarily waive
rights to resist the entry of Judgment against them at the Courthouse, and consent
to the Confession of Judgment. Initials 1tJJ- fJ!ik--
Hong hereby certify that their annual income exceeds $10,000,00, that the blanks
In this Disclosure were IiUed in when they initialed and signed the Note, and that they
received a copy at the time of signing, Initials tal' --(jL
- ~
'Zua
KEN~. H~G
--.lI1U. 0wd1.9 .t-hJ'M
JAE-NYO HONG- -0
EXHIBIT B
page 2
If you fail to honor the request for these funds, I will have
a Complaint for Confession of Judgment filed in the appropriate
court on Tuesday, October 13, 1998,
Very truly yours,
Robert L, Knupp
RLK/pm
Enclosure
cc: LUTHER E MILSPAW, JR" ESQUIRE
MILSPAW & BESHORE
130 STATE ST
HARRISBURG, PA 17101
ANITA COAKLEY
COMMERCIAL INDUSTRIAL REALTY CO
PO BOX 8910
CAMP HILL PA 17001-8910
VERIFICATION
I, Gary Nalbandian. President of RNS Associates,
Plaintiff in the within action, do hereby verify and state that the
facts set forth in the within document are true and correct to the
best of my knowledge, infonnation and belief.
I submit this
Verification pursuant to 18 Pa,C.S,A. !i4904 dealing with false
~y~
RNS Associates
statements and relating to unsworn verification to authorities.
Date:
I () I ',' 'i ( 'I Y
~
"',}
~ - "
.~ ..,
~ " ,
, "
,~
," r' ;
., J ,tl
u.: In .('
r )
l'> ~ .
~ ,~
If" 1
d
~ J
'"
>- \.!J
~:: c..
.
1.1; ,
( r
.(
i' (c.
,
("'J
1 (, I
(
U I
-.
C:... (
I' , ,.
C "
)