HomeMy WebLinkAbout03-5339SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD CHOI,
V. : NO. 03-513? CIVIL TERM
Defendant
NOTICE
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 ifyou fail to do
so the case may proceed without you and a judgment maybe 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 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER., THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR RATE
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas
expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un
abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra
de su persona. Sea avisado que si usted no se defiende, is Corte tomara medidas y puede continuer
is demanda en contra suya sin previo aviso o notificacion. Adernas, la Corte puede decidir a favor
del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted
puede perder dinero o sus propiedades u otros derechos importances para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME
O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA
PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS
QUE CUALIFICAN.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD CHOI,
V. : NO. 03-"/ CIVIL TERM
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, Se Ki Kim, by and through his Counsel of Record, Hanft
& Knight, P.C. and Gregory H. Knight, Esquire, to file a Complaint against the Defendant in support
of which Complaint the following statements are made:
The Plaintiff is Se Ki Kim, an adult individual residing at 1115 Dry Powder Circle,
Mechanicsburg, Pennsylvania 17050
2. The Defendant is Richard Choi, an adult individual residing at 404 Louisa Lane,
Mechanicsburg, Cumberland County, Pennsylvania.
On August 13, 2001 the Plaintiff and Defendant reached a verbal agreement by which
the Plaintiff loaned $20,000 to the Defendant.
4. The purpose of the loan from the Plaintiff to the Defendant was cash the Defendant
needed for a business venture.
To generate the loan amount, the Plaintiff applied for and later received a twenty (20)
year floating rate home equity loan on his property at 1115 Dry Powder Circle,
On November 7, 2002, the parties memorialized their verbal agreement in a written
agreement, a copy of which is attached as Exhibit A.
The terms of the loan between the parties required that the Defendant repay the
Plaintiff for the monthly payments of principal and interest the Plaintiff owed for the home equity
loan he received from Allfirst Bank.
8. In accordance with the agreements, verbal and written, the Defendant reimbursed the
Plaintiff for his monthly equity loan payments until February, 2003.
9. Since February 2003 the Defendant has not made any payments to Plaintiff.
10. In meetings with the Plaintiffs and a separate meeting with Plaintiff's Counsel, the
Defendant agrees that he signed Exhibit A and that he owes the Plaintiff approximately $16,000.
11. Despite the several meetings with the Defendant, the Defendant refuses to repay the
balance or propose a repayment plan.
12. Plaintiff s claim is less than the compulsory arbitration threshold established by Local
Rule 1301-1of the Cumberland County Rules of Court.
WHEREFORE, Plaintiff requests judgment against the Defendant for the balance of the loan,
approximately $16,000 plus interest, costs, counsel fees, and such other relief as the Court deems
appropriate.
Respectfully submitted,
HANFT & KNIGHT, P.C.
(5AA? a-) ?J? Gr Knight, EsquirAttorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Counsel for Plaintiff
SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03-15?1J? CIVIL TERM
RICHARD CHOI,
Defendant
AFFIDAVIT OF VERIFICATION
I verify that the statements made in the Complaint are true and correct. I understand that false
statements are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification
to authorities.
Date: 6-1
e Ki Kim
EXHIBIT A
Contract for a person to person cash loan
Loaner Kim, Se Ki, residing at 1115 Dry Powder Cir, Mechanicsburg, PA 17050
Borrower: Choi, Tae Suk, AKA Choi, Richard T, conducting business at
1910 N Charles St, Ste#105A, Baltimore, MD 21218
Collateral: Business rights and inventory at 1910 N Charles St, Ste#105A,
Baltimore, MD 21218
Business rights and inventory at 8902 Hartford Rd,
Baltimore, MD 21234
Honda Passport & Saturn
Contract Date: 11/07/2002
Contract amount: $20,000.00 cash
I, Seki Kim, took out a home equity loan in amount of $20,000.00 to be loaned out to
Richard Choi for his use on 08/13/2001.
The condition of this loan was by my providing the money for Mr. Choi's use, Mr. Choi
is responsible for paying back my home equity loan (principle and interest) in monthly
installments until February 27, 2003. At which time, the borrowed amount of $20,000.00
is to be paid back to me, Seki Kim.
In case Richard Choi defaults on this contract, or otherwise not adhere to the terms of tis
contract, Richard Choi will relinquish all rights to both of his business lgcations, and his
two vehicles: Honda Passport and Saturn.
Richard Choi is not to sell any of the above mentioned collateral without the consent of
me, Seki Kim during the contract period and/or until the loan is satisfied.
Lender: Kim, Seki
Borrower: Choi, Tae Suk AKA Choi, Richard
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2003-05339 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KIM SE KI
VS
CHOI RICHARD
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
CHOI RICHARD but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT , CHOI RICHARD
404 LOUISA LANE
MECHANICSBURG, PA 17055
UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE.
PER NEIGHBOR, CHOI LEAVES EARLY IN AM AND RETURNS LATE PM.
Sheriff's Costs: So answers:,
Docketing 18.00
Service 33.12
Not Found 5.00 R. Thomas-Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
66.12 HANFT & KNIGHT
11/10/2003
Sworn and subscribed to before me
?-
this day of ?2W?u
?y
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Prot o7n ta ry? l
SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03-05339 CIVIL TERM
RICHARD CHOI,
Defendant
MOTION FOR SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, Se Ki Kim, by his Counsel of Record, Gregory H. Knight,
Esquire, and Hanft & Knight, P.C., to file, pursuant to Rule 430 of the Pennsylvania Rules of Civil
Procedure, a Motion in support of which the following statements are made:
1. On October 8, 2003, the Plaintiff filed the above-referenced Complaint against the
Defendant and forwarded a copy to the Sheriff of Cumberland County for service upon the
Defendant, pursuant to Rule 402 of the Pennsylvania Rules of Civil Procedure.
2. On November 10, 2003, the Plaintiff received the Sheriff s Return noting that the
Defendant was "Not Found," despite "numerous attempts" and information from a neighbor that the
Defendant "leaves early in the AM and returns late PM." See Exhibit A.
3. Also on November 10, 2003 Plaintiff s Counsel called the Cumberland County
Sheriff s Department and was told that the Department had made 13 unsuccessful attempts to serve
the Complaint upon the Defendant.
On May 14, 2003, Plaintiffs Counsel sent a certified letter addressed to the named
Defendant at 404 Louisa Lane, Mechanicsburg, Pennsylvania 17055. See Exhibit B.
5. On May 20, 2003, the named Defendant signed for and acknowledged receipt of the
May 14, 2003 letter. See Exhibit B.
6. As requested in the May 14, 2003 letter, the named Defendant called Plaintiffs
Counsel to discuss a repayment plan.
In several conversations before the Complaint was filed on October 8, the Defendant
told Plaintiff s Counsel that he lives with his parents, Mr. and Mrs. Bong Jon Choi, at 404 Louisa
Lane, Mechanicsburg, Pennsylvania 17055 and Defendant acknowledged the loan later detailed in
the Plaintiff s Complaint as a debt he owed to the Plaintiff.
8. The Defendant's parents own and/or operate the Valley Market, a grocery store open
seven days a week from 8:00 a.m. to 9:00 p.m. and located at 1300 North Third Street, Harrisburg,
Pennsylvania 17102.
9. The Sheriff of Cumberland County does not serve original process past 10:00 p.m.
nor before 8:00 a.m.
10. Plaintiff s counsel has made several unsuccessful attempts, as recently as December
21, 2003, to contact Defendant at 717.761.9038, the telephone number listed for the Defendant in
the current directory, but received only a recording that the number was disconnected with no
forwarding number or additional information.
11. Despite many efforts, Plaintiff has been unsuccessful in making service, pursuant to
Rule 402 of the Rules of Civil Procedure, upon the Defendant.
12. Plaintiff believes that reinstating the Complaint and attempting service by the Sheriff
a second time will not be successful.
13. Plaintiff believes that Defendant is actively concealing his whereabouts.
14. Pursuant to Rule 430(a) of the Pennsylvania Rules of Civil Procedure, the Plaintiff
requests a special Order from the Court directing that service be made upon the Defendant in the
following manner: a posting of the Complaint, by the Sheriff of Cumberland County, at the premises
located at 404 Louisa Lane, Mechanicsburg, Pennsylvania 17055; and a mailing of the Complaint,
by certified and regular mail, to 404 Louisa Lane, Mechanicsburg, Pennsylvania 17055; and personal
service of the Complaint upon the Defendant or either of his parents, at the Valley Market, 1300
North Third Street, Harrisburg, Pennsylvania 17102, such service to be accomplished by private
process server or by deputizing the Sheriff of Dauphin County.
WHEREFORE, the Plaintiff respectfully requests that the Court issue a special Order of
Court for substituted service upon the Defendant, as proposed in the attached Order, and that it Order
that all costs of such substituted service, including attorney fees to prepare this Motion for Special
Order of Court be included as taxable costs against the Defendant, should Plaintiff be successful in
his litigation.
Respectfully submitted,
HANFT & KNIGHT, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Counsel for Plaintiff
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SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03-05339 CIVIL TERM
RICHARD CHOI,
Defendant
AFFIDAVIT OF VERIFICATION
I, Gregory H. Knight, verify that the statements made in the Plaintiff s Motion for Special
Order of Court are true and correct. I understand that false statements are subject to the penalties
of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities.
HANFT & KNIGHT, P.C.
Gregory H. Knight., Esquire
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Counsel for Plaintiff
2J ' ??rr ^" ZEX? ?j
Date.
EXHIBIT A
SHERIFF'S RETURN - NOT FOUND
--'CASE-WOr 2003-05339 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KIM SE KI
VS
CHOI RICHARD
!! 113JO3
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
CHOI RICHARD but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT , CHOI RICHARD
404 LOUISA LANE
MECHANICSBURG, PA 17055
UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE.
PER NEIGHBOR, CHOI LEAVES EARLY IN AM AND RETURNS LATE PM.
Sheriff's Costs: So answers--jam -------- -----------
Docketing 18.00
Service 33.12
Not Found 5.00 ` R. Thomas--Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
66.12 HANFT & KNIGHT
11/10/2003
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
EXHIBIT B
i
HANFT &- KNIGHT, P.C.
ATTORNEYS & COUNSELLORS AT LAW
CCl Y
May 14, 2003
Certified Mail No. 7002 2410 0007 8506 8213
Richard Choi
404 Louisa Lane
Mechanicsburg, PA 17055
RE: Loan from Seki Kim
Our File No.3134.1
Dear Mr. Choi:
xK---?'-
W1 I I IAM A. Ann, .m%
M KA IAIL I. 1IANF I'
G1u,;,wy II. KNic;m
This letter is a written demand from me, on behalf of mry client, Seki Kim, for the $20,000
he loaned to you on August 13, 2001. In accordance with a written contract you signed with Mr.
Kim on November 7, 2002, you agreed to repay the amount loaned to you by reimbursing Mr. Kim
for the principal and interest he incurred in agreeing to a home equity loan on his property. Mr. Kim
sought the home equity loan for the sole purpose of getting $20,000 which he later loaned to you,
all of which is documented in the November 7, 2002 contract.
You must contact me no later than five business days after you receive this letter to discuss
a repayment plan. If I should not hear from you, I will advise Mr. Kim that his only alternative to
recover this money is to file a lawsuit against you.
Sincerely,
HANFT & KNIGHT, P.C.
Gregory H gilt
GHK/mmp
cc: Seki Kim
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19 BROOKWOOD AVENUE SUITE 106 CARLISLE. PA 17013-9142
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SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD CHOI,
V. : NO. 03-05339 CIVIL TERM
Defendant
f SPECIAL ORDER OF COURT
AND NOW, this J day of 0 6
after due
consideration of Plaintiffs Motion for a Special Order of Court as authorized by Rule 430(a) of the
Pennsylvania Rules of Civil Procedure, it is Ordered that substituted service be made upon the
Defendant in the following manner:
A posting of the Complaint, by the Sheriff of Cumberland County, at 404 Louisa Lane,
Mechanicsburg, Pennsylvania 17055; and a mailing of the Complaint, by certified and regular mail,
to 404 Louisa Lane, Mechanicsburg, Pennsylvania 17055; and personal service of the Complaint
upon the Defendant or either of his parents, at the Valley Market, 1300 North Third Street,
Harrisburg, Pennsylvania 17102, such service to be accomplished by private process server or by
deputizing the Sheriff of Dauphin County. All costs of such substituted service, ine}nding attorney
fool t t - v c ?M are to be included as taxable costs against the
Defendant, should Plaintiff be successful in his l+'tiaation
By
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J.
Ivy 9- nr ?061
SE KI KIM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD CHOI,
NO. 03-05339 CIVIL TERM
Defendant
PRAECIPE
To the Prothonotary:
Please reinstate the Complaint.
HANFT & KNIGHT, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
To: Curtis R. Long, Prothonotary
Date: January 8, 2003
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-05339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIM SE KI
VS
CHOI RICHARD
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
CHOI RICHARD
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On January 23rd , 2004 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Cc 25.50
.00
50.50
01/23/2004
HANFT & KNIGHT
So answers:
R.'Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this j 7 day ofc
_. ??dO f A.D.
Prrothonotar ry
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05339 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KIM SE KI
VS
CHOI RICHARD
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHOI RICHARD
the
DEFENDANT , at 1317:00 HOURS, on the 13th day of January 2004
at 404 LOUISA LANE
MECHANICSBURG, PA 17055 by handing to
P-OSTED PROPERTY AT 404 LOUISA LANE, MECHANICSBURG
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 18. 00
Service 8. 26
Posting 6. 00
Surcharge 10. 00
. 00
42. 28
Sworn and Subscribed to before
ti
me this .27 - day of
L c222ovy? A.D.
/PYothonot?Vaury?'?
So Answers:
R. Thomas Kline
01/23/2004
HANFT & KNIGHT
By:
In, The Court of Common Pleas of Cumberland County, Pennsylvania
Se Ki Kim
vs.
Richard Choi 03-5339 civil
SERVE: same No
Now, January 13, 2004 1 1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
120 , at o'clock M. served the
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this day of 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
(office of f4r ?$hPxtff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fix: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
KIM SE KI
CHOI RICHARD
Sheriff's Return
vs
No. 0154-T - - -2004
OTHER COUNTY NO. 03 5339
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
AND NOW:January 20, 2004 at 8:55AM served the within
COMPLAINT upon
CHOI RICHARD by personally handing
to DEF 1 true attested copy(ies)
of the original COMPLAINT and making known
to him/her the contents thereof at POE: VALLEY MARKET
1300 NORTH THIRD STREET
HARRISBURG, PA 17102-0000
Sworn and subscribed to
before me this 20TH da?r of JANUARY, 2004
PROTHONOTARY
So Answers,
Sheri of Dauphin ty, Pa.
By 1u
Dep S riff
Sheriff's Costs: $25.50 PD 01/16/2004
RCPT NO 186853
DC
LAW OFFICES OF PETER J. RUSSO, P.C.
SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SE HI HIM,
Plaintiff
V.
RICHARD CHOI
Defendant
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-5339 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER
AND NOW comes Defendant, Richard Choi, by and through his counsel, Law
Offices of Peter J. Russo, P.C., and responds as follows:
I • Admitted.
2. Denied. Defendant has relocated to 105 Louisa Lane
3. Admitted.
4• Admitted.
5. Admitted.
6. Admitted in part, denied in part. It is admitted that the parties entered into an
agreement sometime in 2002 for repayment of the loan and that it was drafted in Korean. It is
specifically denied that the attached exhibit is the agreement or that it is an accurate translation of
the agreement.
Denied in part, admitted in part. It is specifically admitted that the Defendant
agreed to repay Plaintiff in the amount of $250 per month. The remainder of the averment is
denied.
8. Denied. It is specifically admitted that the Defendant made monthly payments
until February, 2003 in accordance with his agreement.
9. Admitted.
10. Admitted in part, denied in part. It is admitted that Defendant acknowledged a
debt of $16,000, but denies that he acknowledged signing the document listed as Exhibit A.
11. Denied. Defendant denies that he refused to pay or to offer a repayment plan.
12. No response is required. To the extent that one is required, it is specifically
denied.
WHEREFORE, Defendant respectfully requests the Court to enter Judgment in favor of
Defendant.
NEW MATTER
AND NOW, comes Defendant, Richard Choi, through his counsel, Law Offices of Peter J.
Russo, P.C., who states the following in support of the New Matter:
13. Defendant hereby incorporates by reference paragraphs 1 through 12 of this Answer
and New Matter as if each were set forth fully hereunder.
14. As part of their agreement, Plaintiff took an unsecured interest in business rights and
inventory in two businesses belonging to Defendant.
15. Sometime after February 2003, Defendant agreed to surrender his interest in the
business rights and inventory of a business located at 1910 North Charles Street, Suite 105 A,
Baltimore, Maryland to Plaintiff in exchange for the balance of the loan.
16. Plaintiff accepted the business rights and inventory valued at $20,000.00 and
agreed to be compensated at $250 per month by Defendant's partner in the North Charles Street
business.
IT Defendant reasonably believed that the loan was therefore discharged.
18. Plaintiff fails to state a claim upon which relief may be granted.
19. Plaintiff s claim is barred by the Statute of Frauds in that an agreement that cannot
be completed in a year is required to be in writing.
19. Plaintiff has failed to mitigate their damages, if any.
20. Plaintiff's claim may be barred in whole or in part by the applicable statute of
limitations.
21. Plaintiff's claim may be barred by the doctrine of estoppel, waiver and latches.
22. Plaintiff s claim may be barred by the principles of accord and satisfaction.
23. Plaintiff voluntarily assumed the risk of the facts set forth in his compliant and,
accordingly, his claim is barred.
24. At all times material hereto, Answering Defendant acted reasonably, appropriately
and caused no injuries or damages to Plaintiff.
WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment
in favor of the Defendants and against Plaintiffs in the amount of all expenses and costs incurred
by Defendant in defense of this matter.
Respectfully submitted,
Scott A. Stein, Esquire
Date: February 27, 2004
SE HI HIM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RICHARD CHOI 03 ,?3 39
NO. Do 2" CIVIL TERM
Defendant JURY TRIAL DEMANDED
VERIFICATION
I, Richard Choi, verify that the statements made in the forgoing document are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to
authorities.
Richard Choi
Dated: Z--07-Q4
SE KI HIM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
03-s-332
RICHARD CHOI NO.90MW CIVIL TERM
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing
document upon the person (s) and in the manner indicated below:
Service by First-Class Mail, Postage Prepaid, and Addressed as follows:
Gregory H. Knight, Esquire
Hanft & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Respectfully submitted,
LAW OFFICES OF PETER J. RUSSO, P.C.
S ott A. Stein, Esquire
Date: February 27, 2004
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Curtis R. Long
Prothonotary
office of the protbonotarp
Cumberianb Cnuntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
tb13 - 5239 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573