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Home My WebLink About00-05461 " CHONG PULLEN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-5461 CIVIL BYUNG YOON SO and CHONG SOOK SO, CIVIL ACTION-LAW Defendant(s) . PLAINTIFF'S REPLY TO PLAINTIFF'S (SIC) REPLY TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS NOW COMES, the Plaintiff, CHONG PULLEN, by and through her attorneys, Ricci & Taneff, and files this Reply to New Matter contained in Plaintiff's (sic) Reply To Plaintiff's Motion To Compel Answers To Interrogatories And Responses To Request For Production of Documents. In support of her reply, the Plaintiff states as follows: 1. -6. No responsive pleading required. NEW MATTER 7. No responsive pleading required. 8. DENIED. Having not attached a copy of the Agreement of Sale referred to by the Defendants, the Plaintiff is without knowledge or information sufficient to form a belief as to what the alleged Agreement provides and, therefore denies the same. 9. ADMITTED. 10. ADMITTED IN PART; DENIED IN PART. The Plaintiff admits that it filed a confession of judgment against the Defendants. However, the Plaintiff denies that such judgment violates any agreement with the Defendants. '""- ~, L , "~."".~", , ..,,'., ~~",h' ._u.~__ '". - - > ~ "." ,.' ,'~ i~ II I :,1 'I ril ~" ~ I (") 0 Q !;: " "US: :Jl': ::} rr, }".... nl fi1 '-~ .2:::':U ::0 . i?:~ <): "" ~i ). ! J ~ii; 0 ;:./ii):" ':~C) ~-" h ,~YJ ~() :z: :sQ 9 c:: 3i -~-I '" 15 -< c,., -< ,~. ",,~~ -,<~.~ . ~ -, " CHONG PULLEN, Plaintiff v. BYUNG YOON SO and CHONG SOOK SO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 00-5461 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of January, 2001, upon consideration of Plaintiff's Motion To Compel Answers to Interrogatories and Responses To Request for Production of Documents, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Paul Taneff, Esq. 4219 Derry Street Harrisburg, PA 17111 Attorney for Plaintiff Thomas D. Gould, Esq. 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendants ;rc ItiNVAlASNN3d JJ.N!1O:) Oi,,'\nHj81'4fn i I :8 Hd 81 Nvr 10 AW,'(" ,r" ''',' "" I' '0 'J,\'I Jl"~j' '_"~,d ,--.":~ '<I', ...' .""".,....,.,,>-"..) ~1' 1:<.- 1.< 30830'{H1~;j BY THE COURT, j\ ~ 'i,a\ () \' \* C> ~ ~ ~ _.' _..~- .'~",,- _'"'-h , . ,~."' .-, 0, .. JAM 1 '1 200tfl . CHONG PULLEN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 00-5461 CIVIL BYUNG YOON SO and CHONG SOOK SO, CIVIL ACTION-LAW Defendant(s) . ORDER AND NOW, this day of , 2001, upon consideration of the Plaintiff's Motion To Compel Answers to Interrogatories and Responses to Request for Production of Documents, it is hereby: ORDERED, ADJUDGED AND DECREED, that said Motion is granted. FURTHER ORDERED, that the Defendant(sl shall make full and complete answers to said Interrogatories and full and complete responses to Request for Production of Documents, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions shall be imposed upon Defendant(s) following application to this Court. FURTHER ORDERED, that counsel fees of $ 450.00 are awarded to Plaintiff against Defendant(s) as compensation for the preparation and processing of this Motion. BY THE COURT: J. .'> ...~ ........ ~v' . JAM 1 7 zood~ CHONG PULLEN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA VS. NO. 00-5461 CIVIL BYUNG YOON SO and CHONG SOOK SO, CIVIL ACTION-LAW Defendant(s) . ORDER AND NOW, this day of , 2001, upon consideration of the Plaintiff's Motion To Compel Answers to Interrogatories and Responses to Request for Production of Documents, it is hereby: ORDERED, ADJUDGED AND DECREED, that this cause be set for conference/hearing at o'clock .M, on , 2001, before Judge Courtroom No. , Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, at which time the Court will hear and rule on the Plaintiff's Motion. BY THE COURT: J. Ref:c:\pulle\doc005.wpd "~--~.~ ~ . , - ~~ ".'"~ L, \ ) . JA..I ., 2.oatf/J CHONG PULLEN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 00-5461 CIVIL BYUNG YOON SO and CHONG SOOK SO, CIVIL ACTION-LAW Defendant(s) . MOTION TO COMPj;:L AN:SWERS TO INTERROGATORIES AND RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS NOW COMES, the Plaintiff, CHONG PULLEN, by and through her attorneys, Ricci & Taneff, and moves this Court for an Order to compel the Defendants, BYUNG YO ON SO and CHONG SOOK SO, to respond to Interrogatories and Request for Production of Documents, pursuant to Rule 4019 of the Pa. R. Civ. P. In support of this Motion, the Plaintiff states as follows: 1. Judgment for Plaintiff against the Defendants was entered in the sum of $ 36,056.43 on AUGUST 7, 2000. 2. Plaintiff served Interrogatories and Request for Production of Documents upon Defendant's counsel by U.S. Certified Mail on OCTOBER 11, 2000. 3. Pursuan.t to Rules 4006(a) (2) and 4009.12(a) of the Pa. R. Civ. P., Defendants' responses to the foregoing discovery were due within thirty (30) days thereof. 4. On NOVEMBER 30, 2000, Plaintiff sent Defendants' counsel a written request and reminder to respond to the foregoing discovery. 5. To date, the Defendants have not responded to the Plaintiff's discovery requests nor have the Defendants offered an explanation for their failure to respond. ~ ~~ " I <C. . 6. Plaintiff requires an Order pursuant to Rule 4019 (a) (1) (i) and 4019 (a) (1) (vii), compelling the Defendants to respond to the Plaintiff's Interrogatories and Request for Production of Documents. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to approve the proposed Order annexed hereto. RICCI & TANEFF Dated: JANUARY 2, 2001 By: Taneff, Esq'. Sup. Ct. No. 6377 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney for Plaintiff 2 . . .~~ ~,,~ ~. - , \ ""'" . ~ ~ -~ , ....-...,-~- .j~ . . ," ... CERTIFICATE OF SERVICE The undersigned certifies that a copy of the Plaintiff's Motion To Compel Answers To Interrogatories and Responses To Request For Production Of Documents was served upon the following person(s) and in the manner indicated below on the date set forth herein: A. Service by U.S. Mail, First Class, postage prepaid, addressed as follows: (1) THOMAS D. GOULD, ESQ. 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Dated: JANUARY 2, 2001 By: 3 .'-1& ,^ ~~~li!l!l!iil!r.tl!;'~OOIri~~""-_:;,,,;"-~'hmllilill!~~,,"~lir,;;~fi1f '"""'~~" ~'. -------- , ~,,~ ~, , " - illiil_l~..~liilHW' .r.,'" ,-' "'.~ ., ...' . ~"'- iIJOO~""~"~- . " 0 r- () -"-" (= i":; "..,. ,- m '.' ~~, IT, ~ C.- f::_ (/J "] -< f':': -::;: r"" j::: " ~'J C. /:':: !"') -j .< \ D " ~".'." . ., .,..~^ f I .= ".djI -" , CHONG PULLEN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OO-St/(P( W BYUNG YOON SO and CHONG SOOK SO, Defendant(s) . CIVIL ACTION-LAW CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: Principal Sum .................... $ Other Authorized Items: Interest ......................... $ Attorney Fees .................... $ Costs ............................ $ TOTAL ............. $ 29,399.47 642.46 6,000.00 14.50 36,056.43 RICCI & TANEFF Dated: August 7, 2000 By: anef , Ct. No. 637 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Ref:c:\pulle\doc001.wpd ,0_........ .....- "~~M~.""""'"!!lI"iiM!""-""--"''''''iliWtl ~j;}j'"...~""'.(;,mt1iit~~1Ii ..~~ oc ~~ 0 ~ ~ <" ~- ~~ _.~ ",~.",~ ,..~,~.~~ 'liilIIIiIlIiIill!I~'= ,,~ ~o ~ C> 0 C> ~"n, ~ ::;1 ~~ -'-''''' G"} rnp-: ::p I -om f!1.~ '(jt( ...I b- ,-~,~ 120 -0 -::-1:-.1 28 -::JJ: g,o ~ iSm );.'~ -I ~ 1'" ~ ~ --0 Ii " ,Ij I' , '1 ,j !i I,: " II ,:: , t'! 11 i.1 i'i :1 i " " :j , ,I Ii Ii Ii Ii i , I I I I I I .,.,. ;, . _...1, .~i:" , CHONG PULLEN, P~aintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. BYUNG YOON SO and CHONG SOOK SO, Defendant(s) . CIVIL ACTION-LAW CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY JUDGMENT NOW COMES, the Plaintiff by and through her attorneys, Ricci & Taneff, pursuant to Pa. R. Civ. P. 2950 et seq., and files this Complaint. In support of her Complaint, the Plaintiff states as follows: 1. The Plaintiff, CHONG PULLEN, is an adult individual, who resides at 88 Fetrow Lane, New Cumberland, CumberlaI}d County, Pennsylvania 17070. 2. The Defendants, BYUNG YOON SO and CHONG SOaK SO, are husband and wife, who reside at 4414 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Defendants purchased a dry-cleaning business from the Plaintiff and to secure the re-payment of the purchase price they executed a Judgment Note dated April 17, 1999 in the principal sum of $38,000.00. A true and correct copy of the Judgment Note (hereinafter "Note") is attached hereto, made a part hereof, and marked as Exhibit-"A". 4. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 5. Plaintiff has not confessed a judgment on the attached Note in any jurisdiction. ~~ ~~ '.. L. :rAi"L'. , 6. Defendants have defaulted in their payment obligation by failing to make installments payments as required .under the Note. 7. On June 12, 2000, the Plaintiff gave the Defendants written notice of their default. A true and correct copy of the notice of default is attached hereto, made a part hereof, and marked as Exhibit-"BH. 8. The Defendants are indebted to the Plaintiff under the aforesaid Note in the amount as set forth below: Unpaid Principal Balance of Note ...........$ 29,399.47 Accrued Interest ...........................$ 642.46 Court Costs ................................ $ 14.50 Attorney Fees .............................. $ 6.000.00 TOTAL.......................$ 36,056.43 9. The Note authorizes the entry of judgment by confession for recovery of the aforesaid amounts and plaintiff hereby exercises that authority. 10. Plaintiff demands judgment as permitted and authorized by said Note in the amount as set forth above. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter an order for money judgment in favor of Plaintiff against the Defendants in the amount of $36,056.43. 2 -' ~ , RICCI & TANEFF Dated: August 7, 2000 By: ul Taneff, Sup. Ct. No. 63777 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney for Plaintiff 3 ,~ ~ '"~iI." ;~., '~ . .'. _';..".i " """ . VERIFICATION I, CHONG PULLEN, verify that the statements made in the foregoing Complaint In Confession Of Judgment For Money Judgment are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 related to unsworn falsification to authorities. Dated: August 7, 2000 C~N,."PLA~ , - [Judgment Note dated April 17, 1999 Follows] -. " EXHIBIT-"A" , .~' , ,'" ,.1 '~:>"~ , . i .JUDGMENT NOTE , $ 38,000.00 April 17, 1999 We, Byung Yoon So and Chong Sook $0 promise to pay to the order of Chong Pullen the sum of Thirty Eig~t Thousand ($ 38,000.00) Dollars, due and payable on or before November 1, 2000 iwith interest rate of Eight (8) percent per annum from the date of this note. The monthly payment shall be One Thousand YOll. HunllJ'ed One DollaJ's and Seventy sixl C'nt~. ($1,401.76). The first payment shall be 1" day of June 1999 and shall be eon~ecutive for thil.ty month. If payment is not paid more then two (2) times, then the wl\ole sum of principal and interest shall become immediately due and payable at the olption of the holder of this Note. To secure the payment of the said amQunt, We hereby authorize, irrevocable, any attorney for any Court of Record, to ap~ear for us in such Court, in term, time or vacation, at any time hereafter, and confes~ a judgment, without process, in favor of the holder of this Note, for snch amountias may appear to be unpaid thereon, , whether due or not, together with costs, and to waive and release all errors which may intervene in any such proceedings and tb consent to immediate execution upon such judgment; hereby ratifying and confirn~ing all that our said Attorney may do by virtue hereof. Borrower shall be responsible for holllers all costs of collection, including but not limited to attorney's fee and COIll.t costs.' Our precise residcncc is as follows: ".B-I Royal Oak Road Camp llill, 1':\ i 7(1ll //..... ( ~-" Byung Yobn So --' <..(-1/7- Date -?/ , (t-~ Date Sworn to and subscribed before Ille This 17th day of April 1999 ~A'-7 . .... t:.-~ :.r /.' -'~-.- _~~'bli:I-~_~. '''01-1''<11 :::'>,'! I ~ ~'H';'l N YLIrl. N2'f j")' I 'L~::J I h~i]JellJill,l, P~'h:'it":Jfl,l \~'r..~t!,lty J.l.~' Lcmnw,slon [:X~_'ltl:':} J:l/l. ,:1, ~\)OO ! .-_._.1 $)/7'C /7/7(' 9'~- 5,5pf , EXHIBIT-"B" [Notice of Default Follows] ......~,1iIi;;di'< ~ , , U1 m U1 ru ,;"".,,,'.",,,,, r'l [f"' rO:"t'1~E' $ f'- r"I C'1rlifl"lrtree June 12, 2000 <,. \'. ~ f'lPA":i'~'" l'- Return Receipt Fee 1\ ~ Cl (Endorsement Reqllireri) ~_'_~ 61e) /'" .....,~'::6('" CJ Restricted Delivery Fee 'h / \'-9 CJ (F.ndorsement Rf><1l1h"rl) i ~', ty , (,) ~ Total Postage 8 F<!~s $ (()( \ \ i:. ~ ft~ ) ~;~ ~ . \ I~ fT1 13.me (Please Print Cleel1yj(to be complet8dbym ller) L'~"" ,.~.~ ~.'" ~ 'sm"J~Df'c.'j<P!:lS.cu),Ch('lllil ScoKsfl '1-l"1"S ... treet, Apf!No.: or Fa 80)( No. Cr"" - -"C~.~__._"________..__._ ~ 'c~~'",'ifzlf'YaJ..Do.K.e.oad.",uuumuu'''h"...muuh'.u ~H.I VIA U,S. CERTIFIED MAIL RETURN RECEIPT REQUESTED ART. NO. 7099 3400 0007 1791 2535 BYUNG YO ON SO CHONG SOOK SO 4414 ROYAL OAK ROAD CAMP HILL PA 17011 RE: AGREEMENT OF SALE FOR I , PURC$ASE OF PRO DRY CLEANERS I Dear Mr. So: Our office has been engaged by Thomas and Chong Pullen relative to your purchase of Pro Drr Cleaners on April 17, 1999. i \ According to our clients, you lliave failed to make the required payments for the balance of the purchase price under the Agreement. And, therefore you havelmaterially breached the Agreement. Although our clients do not wi$h to formally declare you in breach and file suit to recover theiremainder of the purchase price of the business, it is important that we work out a mutually satisfactory resolution oflthis breach immediately. It is also our understanding that you ~ave not paid rent on the premises at 5303 Unit C Simpson Ferry Road, Mechanicsburg, PA since March of this year and, according to the landlord you owe for April, May and June's rents. ' Our clients have indicated that you have told them that business has fallen off and is the reason why you have failed to make payment as required under the Agreement. While our client's may be willing to renegotiate the amount of' your monthly installment under the Agreement, we will need some assurance that you will be able to meet your obligations as they fall due for we do not wish to be renegotiating thi~ deal in a few months down the road. ~'~ ,,' " " Letter to B.Y. & C.S. So Re: Purchase of Pro Dry Cleaners June 12, 2000 Page 2 . '^~ Toward this end, we would ask ~hat you have your legal representative or your agent, PeteriYun, contact this office so that we can arrange to meet to disc~ss how best to get this deal back on track. Again, we are willi~g to give you some payment relief, but we will not do this in a vacuum. In fact, a re- documenation of this deal will havelto be accomplished so that we have proper assurances that we are fully paid the price you agreed to pay for the business. I i In view of the foregoing and iili light of the payment I defaults and leasehold problems, welwould suggest that you, or your legal representative, contact ~ur office within the next ten (10) days to schedule a meeting so that we can revisit the repayment terms of your original putchase. Again, time is of the essence. response, I remain, Looking forward to your Is your RETURN ADDRESS compieied 0'; ihe reverSe .ide? f f t 1i i;i~li!iii: . '-0 L~:2 5 It Ih.' fi.~!!~:u' :;:.;c'()l-'co i'i :IJ3 if' nl" ? f Bcfl J.. i if ~ ~~~ ~ 2. 0 8. !~ i .l' Q, :P 0 ~ 0 Et ;;j' if 8:~~ j ~ H' ~ -. . H ~ ! ~[ 9 P 0 ig'! ~ ~ ~ R ~ !!, iI i 0- il ! ! ~. ~l g ~, ~ \~ .,~.' I! I f ~~ .. !f ;1 f ; .... Ii !" :-< 0 0 0 /}...J it" ~_~ ~ ~'" ~ i'ic. lr:D [!l :D a, 0). =i_ - lD~-6~ GOJJa p 51 ~ jB'm a 3 m m: a- 2- ~.~ 0 if ~ [' z fi. ijj'" t-~~ ~W~/l UIl!. .l?f~ - GO i s, GO.r:!!l iil '" ,.. iil 0 1Il ,,!l- ;:."p' 0 5. 0 0 f~'3!i. (X ~jt::~)~:~ ~ i i i ~l~ \ "" at 8- ill ~fl!. ,iil-u"1lJ ~Oui 6'ili 1-. '''8 ~ ? ~ t ~ ~ if lit 0 c: '" !" -< iii Q. i ~ rn c.c. very truly yours, Paul Taneff ." 0> '" en . - ;r><!!! f l~;:. 'm --< 8- 011 .. ~ ll: ~ iil S' I c) I ~C~ ~ "" PT / j it !!l - '" \!1 cc: Thomas and Chong Pullen 88 Fetrow Lane New Cumberland, PA 17070 ~ I Ref:c:\pulle\13.wpd I:) o 3 <D !Q. i'r Jl !P. c: ~ ::J <D ~ ;:j" - + Thank you for using Relu ecelpl Service. + .... 11s':~1~ '~~I"'~J";.~'_IiOi..~~ ~~li_IWI;o,$ ~"~~ " " ~ffi'ii.'ilfIV":'!l'.lr '~.f""- h ~~ ~ ~. ~ ~ ~ ~ ~ " ~ , '~!iiWI'IilY' ~ .Ii " (") g ~ ~ ~ r .'" '- l": ~'t"-n ~ ' ~ ~ c: fi1F ~ r'. rRm.:;i'> -'2rn (j V\ z:n I",):? N ""'r- -.J (~)6 \..) ti5. J,;; ::::;\ -c. \ \ \ ~o ~ ~~ , \ jg ;; ~ F I;~ !:l .' ., t! ". Ii I:; :r\ it~ Ii; k, ;; j! f; \, I' II I' Ii Ii I' r ,I i :j I ~, ~ , ., CHONG PULLEN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BYUNG YOON SO and CHONG SOOK SO, Defendants NO. 00-5461 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiffs Motion To Compel Answers to Interrogatories and Responses to Request for Production of Documents, and of Defendants' Reply to Plaintiffs Motion To Compel Answers to Interrogatories and Responses to Request for Production of Documents, a discovery conference is scheduled in chambers of the undersigned for Thursday, April 5,2001, at 11 :30 a.m. BY THE COURT, Paul Taneff, Esq. 4219 Derry Street Harrisburg, PAl 7111 Attorney for Plaintiff Thomas D. Gould, Esq. 2 East Main Street Shiremanstown, P A 17011 Attorney for Defendants ()~ c:, 1I t;)~ A~ :rc (" ,....0' .. i!tSiit , ". ~, ;1 :1 :1 il Ii I 'I I I I ! 'j 1 i! j ,;'" . ,~ " - F~LEC-CfF\CE OF :1 'r~;'<01PHY G \ FER - B Pi'i 3: \ 9 C'.,,'"'''' . ,', ""'J'rrv Ji'lJ\Dt:dJ'~\U VJ r'd \ PENNS'I\SANli\ 'w.~~ lill!fIillII!'l~...",.,"_ "~ " ~ ~"~'~-<. ~ <. - - ~'"," ,="'~ '~'. " "",'"-- ,~.,mw~l~. ~~jID;!IJl ~, 'O'~', . ""' .<. c~," .. "",~;;f"",,," l-.Hln~ '. ",,~~ , . _1. , .--" ,~.," ""~',,; ,~ ,'''". . CHONG PULLEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-5461 CIVIL TERM BYUNG YOON SO and CHONG SOOK SO, Defendants CIVIL ACTION ORDER OF COURT AND NOW this day of , 2001, the plaintiff's motion is denied and she is directed, pursuant to the Agreement of sale, to seek redress through arbitration. BY THE COURT CHONG PULLEN, Plaintiff IN THE COURT OF COMMON PLEAS ctlMBERLAND COUNTY, PENNSYLVAN:rA V. NO. 00-5461 CIVIL TERM BYUNG YOON SO and CHONG SOOK SO, Defendants CIVI:L ACTION PLAINTIFF'S REPLY TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes the defendants, Byung Yoon So and his wife Chong Soak So, by and through their attorney, Thomas D. Gould, and files this reply to the averments set forth in Plaintiff's motion. l. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. Admitted that defendants have not completed and returned all of plaintiff's discovery requests. Answers to interrogatories have been provided. Denied that defendants have not provided an explanation for their failure to respond. The defendants have been in contact with Plaintiff. Defendant was evicted from the premises of their business without notice. Plaintiff had been given notice of the pending eviction and did not inform defendants. As a result of the eviction/lockout, defendants' business records and equipment have not been available for review and production to plaintiff. Defendant advised plaintiff that they had a potential buyer for the business which would satisfy plaintiff's judgement. The landlord of the premises refused to an assignment of the lease thereby voiding the sale. The landlord has refused to allow defendant to enter the premises to retrieve their records and property. 6. Admitted. NEW MATTER 7. Paragraphs 1-6 of the motion and this reply are hereby incorporated herein as set forth int here entirety. 8. The Agreement of Sale provides that any disputes are to be resolved by arbitration. 9. Plaintiff has not filed or requested arbitration for any issues. 10. Plaintiff filed a confession of judgment in violation of the Agreement of Sale. WHEREFORE, defendant's request that plaintiff's motion be denied and order plaintiff to seek recourse pursuant to the Agreement of Sale. Respectfully, ~,.,?>.~ Thomas D. Gould ID # 36508 Attorney For Plaintiff 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 - ,. - -~... ~~."... ", ~"..~'"' '~H,,"",," O' , !i~ . . " VERIFICATION I, Byung Yoon So and Chong Soak So, make this verification that the foregoing Reply to Plaintiff's Motion and New Matter is true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ! - ,:).. f - J)-40 I Bung Y Defendant ~ rlt€1 ~ .. . Chong S~k So Defenda k' -,,--,-"~";',~~., '" .~- ", " ~"'-'lIMl'odi\l' ~..,. ..;i.m~_&IL ,~,~ _~k IiiiIllIiiil ,.".;;1".. " ",' ~ '~,; 0 <:::> 0 c:: 'n g. <- -or;\J 1~ -n tr1(n :e: i;::;': Z:r; N "niTt ZC -'''lC'' ~<!~;: '10 S:~.6 ~.ei "" -"-'1 ~o :l: !~i2 -'7 "'... --0 r.- ;:jif1 J>c; ;;;! z: N ~ .l'"" ~ _.~ ^. ~h[ , ~ .'~". '"llIiliJ'j -- CHONG PULLEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW BYUNG YOON SO and CHONG SOOK SO, Defendants NO. 00-S461 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS; DEFENDANTS' REPLY TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this Sth day of April, 2001, upon consideration of the attached letter from Thomas D. Gould, Esq., attorney for Defendants, the hearing previously scheduled in this matter for April S, 2001, is continued generally. Counsel are directed to contact the court if they desire a hearing in this matter or if the matter reaches a conclusion. J. 0 0 ,~ c.~ ,..I 'T, ?~ "'" T- ee -'~,:1 -r. ~ Ii: >J r-...'. ~::..\ 7 : I ~T! ~..- - , ,.,] c~ if' ""' C) r U <- ~-n '0" )';: C , -- ~:.~,- , ; >~ C) -- "", n c::: .. :::..:~; 2-: :::> ~ :D co -< BY THE COURT, Paul Taneff, Esq. 4219 Derry Street Harrisburg; PA 17111 Attorney for Plaintiff Thomas D. Gould, Esq. 2 East Main Street Shiremanstown, PA 17011 Attorney for Defendants :rc ~... ~'.~~~'... '"'''''"''.h",~~""",__.iWlrj_Wj~<JI._'''''''"IlIV<...~-;. "''''''""""lMlliilii;i.imrJiiil!lJ.lii,lIw~hl.illi",lllllWki!clffi"&d!cili>d-~Oii~k*,I.,",,;,,.~,"',-l,M!"~~~~~;,\;;-~Il"'""~~~i'lli!U~i!i~'ilIJl1>-"iillll...H"",,,.,,;Bj,i:ll>llI:4-4>,"" "~., ,,,ijL,..- i " rn10mas 'lJ. fjou{i 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 ATTORNEY AT LAW (717) 731.1461 FAX 761.1974 April 4, 2001 HONORABLE J. WESLEY OLER, JR. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Chong Pullen v. Byung Yo on So & Chong Soak So No. 00-5461 CIVIL TERM Dear Judge Oler: Enclosed please find a copy of the bankruptcy petition and creditor list filed by my clients. Pursuant to the Bankruptcy Code, all legal action to collect their debts is stayed. Therefore, it is requested that the hearing scheduled for Thursday, April 5, 20001 at 11:30 a.m. be stayed pending the outcome of the bankruptcy petition. I have notified plaintiff's counsel, Paul Taneff. contact me if there are any questions. Please Respectfully, ~~,~ Thomas D. Gould cc. Paul Taneff, Esquire Mr. and Ms. Byung Yoon So APR - 5 2001 ",..,,''5 "-,,1""~~ ,,,,,,," ',M ~"",~,.,,, ,.."":~" "3" .;""'~ ,..,. '" . ,".;;' " . ',,":~'-;< .-- '",,:".,'~' "~";"",,,."r "",W-,' -""'".~ " ,~ ~ .d"",,",,-""'~. .. ", '" ,. CHONG PULLEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA Plaintiff, VS. NO. 00-5461 CIVIL BYUNG YOON SO - and - CHONG SOOK SO, CIVIL ACTION - LAW RELEASE OF JUDGMENT LIEN Defendant(s) . SATISFACTION AND RELE1\.SE OF LffiN OF JUDGMENT TillS SATISFACTION AND RELEASE, made this 5th day of November, 2003, between the parties in the above titled cause. WI1NESSETH: WHEEREAS, the Plaintiff recovered a judgment against the Defendants in the above titled cause in the amount of $36,056.43 as will by the record in the above Court appear; and WHEREAS, the Plaintiff is the owner of the judgment and all interest in it, and has the right to release the same; NOW, THEREFORE, the Plaintiff, in consideration of One and 00/00 ($1.00) Dollar, in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, releases unto the Defendants, all right, title and interest, in or to, or acquired by or through the judgment, so far as same is a lien or charge upon the following described premises: 4414 Royal Oak Road, Camp Hill, Cumberland County, Pennsylvania. And, it is hereby agreed and Plaintiff consents that this instrument shall operate as a release, satisfaction and discharge of the hereinabove judgment. IN WITNESS WHEREOF, the Plaintiff has set her hand and seal on the day and year first above written. ~~~ Chong n ~' Qf2J, - <.1drl..ww...'"" " '.'~ ,- ~ r= ~ c. r '" ... STATE OF PENNSYLVANIA 1011.1( 55. COUNTY OF CUMBEltLANt> J..<-. On this the I 0 day of NOVEMBER, 2003, before me a NOTARY PUBLIC, the undersigned officer, personally appeared CHONG PULLEN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. SIGNED~~ /" OT ARY PUBLIC - My commission expires: 7- .31~o} Notarial Seal Patricia A. Gordon, Notary Public Fairview Twp. 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