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HomeMy WebLinkAbout09-7997SUN SIK CHOE, IN THE COURT OF COMMON PLEAS OF 3511 Beech Run Lane, CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA 17050, v. : No. 01- 799 ? ?' KANG BOK KIM, ACTION IN EQUITY AND IN LAW 108 October Drive #3, Camp Hill, PA 17011, Defendant : JURY TRIAL DEMANDED 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 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SHU WI I , P.C. Dated: By van C. Pappas, 1. 11 . #200103 P.O. BOX 88 Harrisburg, PA 17108 (717) 909-1655 Attorneys for Plaintiff SUN SIK CHOE, 3511 Beech Run Lane, Mechanicsburg, PA 17050, v. KANG BOK KIM, 108 October Drive #3, Camp Hill, PA 17011, COMPLAINT AND NOW COMES Plaintiff, Sun Sik Choe, by and through her attorneys, Shumaker Williams, P.C., and respectfully states and avers the following Complaint against Defendant, Kang Bok Kim: PARTIES 1. Plaintiff Sun Sik Choe is an adult individual with a current residential address of 3511 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Kang Bok Kim is an adult individual with a last known residential address of 108 October Drive #3, Camp Hill, Cumberland County, Pennsylvania 17011. FACTS 3. On or about July 31, 2004, the parties entered into a Buy-Sale Agreement (the "Agreement") by which Defendant would purchase the right, title and interest in a retail grocery store then known as Oriental Food Market (the "business"). A true and correct copy of the Agreement is attached hereto as Exhibit "A." 4. The purchase of the business included the inventory, equipment, use of the trade IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 4 9 - 7 9 47 Tiu• ACTION IN EQUITY AND IN LAW Defendant JURY TRIAL DEMANDED name, and assignment of the commercial lease. 5. Under the terms of the Agreement, Defendant agreed to pay Plaintiff the total amount of One Hundred Thousand Dollars and 00/100 ($100,000.00) for the purchase of the business. 6. Upon execution of the Agreement, Defendant paid Plaintiff the sum of $10,000.00. 7. Defendant agreed to make yearly installment payments of $15,000.00, plus six percent (6%) interest commencing on the 31" day August, 2004 and accruing on the 31" day of each month thereafter, with the balance of $30,000.00 being due on August 31, 2009. 8. Defendant has failed to remit the final $30,000.00 payment to Plaintiffs as required by the Agreement. 9. At the time of execution of the Agreement, Plaintiff transferred and assigned the commercial lease for the business to Defendant. 10. Defendant is in default under the commercial lease for the premises in which the business is located. 11. It is believed and therefore averred that a judgment has been entered against Defendant under the commercial lease in the amount of $7,531.00. 12. It is believed and therefore averred that Defendant's landlord may soon exercise its rights to remove Defendant from the business premises. 13. It is believed and therefore averred that Defendant has failed to operate the business in a professional manner, fails to pay debts when due, and has allowed the reputation of the business to suffer. 14. Defendant's failure to pay the full purchase price pursuant to the Agreement 2 constitutes a breach of the Agreement. 15. Despite Plaintiff's attempts to amicably resolve this matter with Defendant, Defendant has not remedied his breach of the Agreement. 16. Since Defendant has failed to pay the full purchase price for the business, Plaintiff's asserts that she is still the owner of said business and must regain control to avoid total failure of the business. 17. Plaintiff now seeks full and proper compensation for her interest in the business, or, alternatively, the return of the business to her possession and control. COUNTI BREACH OF CONTRACT 18. Paragraphs 1 through 15 above are incorporated herein by reference as though fully set forth at length. 19. A written contract between the parties exists, whereby Defendant agreed to purchase the right, title and interest in the business from Plaintiff in exchange for yearly payments of $15,000.00, interest at the rate of six percent per month, and a final installment payment of $30,000.00. 20. Defendant has failed to remit the final $30,000.00 payment to Plaintiff. 21. Defendant breached the Agreement by failing to fully compensate Plaintiff under the terms of the Agreement, and continues to be in breach of the Agreement, by refusing to relinquish possession or control of the business to Plaintiff. 22. As a result of Defendant's breach of the Agreement, Plaintiff is due damages in the amount of $36,000.00, which amount includes penalty for late payment. 3 WHEREFORE, Plaintiff, Sun Sik Choe, respectfully requests this Court to enter judgment in her favor and against Defendant, Kang Bok Kim, in the amount of $36,000.00, plus attorneys' fees, court costs, and interest, along with any other relief this Court may deem necessary and appropriate. COUNT II UNJUST ENRICHMENT 23. Paragraphs 1 through 22 above are incorporated herein by reference as though fully set forth at length. 24. Plaintiff conveyed and Defendant accepted all the right, title and interest in the business and Defendant accepted and retains all such benefits and has refused to pay the full purchase price to Plaintiff or to return possession, custody and control of the business to Plaintiff. 25. Defendant has been unjustly enriched by his retention of the business without final compensation to Plaintiff. WHEREFORE, Plaintiff, Sun Sik Choe, respectfully requests this Court to order Defendant to return full possession, custody and control of the business to Plaintiff or, alternatively, to enter judgment in her favor and against Defendant, Kang Bok Kim, in the amount of $36,000.00, plus attorneys' fees, court costs, and interest, along with any other relief this Court may deem necessary and appropriate. 4 COUNT III DECLARATORY JUDGMENT 26. Paragraphs 1 through 25 above are incorporated herein by reference as though fully set forth at length. 27. The Agreement evidences the intent of Defendant to purchase the right, title and interest in the business. 28. Defendant, in breach of the Agreement, failed to remit his final installment payment in the amount of $30,000.00, plus interest and late fees. 29. Defendant has represented that he is unwilling to make said payment to Plaintiff. 30. It is believed and therefore averred that Defendant has insufficient finances and cash flow from the business to pay Plaintiff the amount owed under the Agreement. 31. Defendant's failure to pay rent is likely to result in Defendant being ejected and locked from the premises. 32. If said ejectment occurs, the business will be forced to close and will make no further income to pay Plaintiff. 33. It is believed and therefore averred that Defendant may attempt to sell the remaining assets of the business although he has not completed his purchase pursuant to the Agreement. 34. Plaintiff asserts that she must assume ownership and control of the business as soon as possible so that she may continue the Oriental Food Market. 35. Plaintiff has a direct, substantial and present interest in determining that possession of the business should be returned to her. 5 36. This direct, substantial and present interest creates an imminent and inevitable prospect of litigation concerning the respective rights and interests of Plaintiff and Defendant, creating an "actual controversy" which cannot be resolved without a declaration by this Court concerning the respective rights and interests of the parties in the business. 37. Plaintiff, therefore, seeks a declaratory judgment by this Court that the entire right, title and interest in the business be transferred to Plaintiff. WHEREFORE, Plaintiff, Sun Sik Choe, respectfully requests this Court to order Defendant to return full possession, custody and control of the business to Plaintiff or, alternatively, to enter judgment in her favor and against Defendant, Kang Bok Kim, in the amount of $36,000.00, plus attorneys' fees, court costs, and interest, along with any other relief this Court may deem necessary and appropriate. Respectfully Submitted, SHUMAKER WILLI C. Dated: ?\ (?? Zct'? By van . Pappas, I.D. #200103 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :226309 6 r BUY-SALE AGREEMENT THIS AGREEMENT, made this 315' day of July, 2004, by and between Sun Sik Choe of 3511 Beach Run Lane, Mechanicsburg, Pennsylvania 17050 (Seller), and Kang Bok Kim of 108 October Drive #3, Camp Hill, Pennsylvania 17011, (Buyer). Settlement shall take place on July 31, 2004 at 12 noon at the office of John H. Broujos, 4 North Hanover Street, Carlisle, Pennsylvania, 17013, (717) 766-1690, at which time Seller will sell, transfer, and convey to Buyer who will accept all of her right, title and interest in business of retail Oriental grocery store, consisting of inventory and equipment, together with bills of sale, together with possession to Buyer, located in Hoover Plaza at 829-K State Street, Lemoyne, PA, Cumberland County, known as Oriental Food Market. 2 Buyer agrees to pay and Seller agrees to accept in exchange for the business assets set forth herein the consideration of $100,000, payable as follows: A. At the time of execution of this agreement, the sum of $10,000 cash; B. On the 1st day of August 2005, the sum of $15,000 cash; C. On the 1 S` day of August 2006, the sum of $15,000 cash; D. On the 1st day of August 2007, the sum of $15,000 cash; E. On the 1 s` day of August 2008, the sum of $15,000 cash; F. And on the 31 S` day of August 2009, the balance of $30,000 cash. 3 In accordance with a judgment note, copy of which is attached hereto, interest only shall be paid monthly at the rate of 6% per annum, commencing on the thirty-first day of August 2004 and on the thirty-first day of each successive month until the total purchase price is paid in full. The judgment note will be recorded in the Prothonotary's office in Cumberland County together with a security agreement in, accordance with the U C C:, recorded in the County of Cumberland and with the Department of State. Equipment of this sale is listed in Exhibit A attached hereto and made a part of hereof. 9 UJ Exhibit "A" 5 From the signing of this agreement Seller shall maintain inventory at levels existing at time of date of this agreement until date of settlement at which time the parties made if either desires, conduct an inventory. Seller shall pay all invoices due for supplies an inventory delivered and on premi?es to date of settlement, in compliance with provisions hereof. 6 There are no accounts receivable or payable to be adjusted between the parties. Seller represents that she has no outstanding creditors or claims against the business or its equipment or inventory, which are free and clear of liens and encumbrances. Seller will notify suppliers of the sale of the business. 7 Seller disclaims any interest in the name Oriental Food Market so long as buyer maintains the business as a working and ongoing business until payment in full of the balance of the purchase price. Seller agrees to execute any documents necessary for withdrawal and addition of a name on the Fictitious Name Act. Seller agrees not to engage in the business of retail sale of oriental foods in the nature of the Oriental Food Market for a period five years within the area of ten miles of the business location, as an owner, employee or partner. 9 Seller has provided to Buyer a copy of the commercial lease under which Seller has operated. Seller transfers and assigns to Buyer all her right title and interest in lease of the premises with Vernon A. Hoover, George C. Hoover, Jeanne A. Shearer, Trading As Hoover Plaza Buyer and acknowledges that he has entered into the commercial lease, for a written term of only one year, conditioned on execution by the parties of this agreement, copy which is attached hereto and made a part hereof. Buyer acknowledges that Lessor can change lease and rent at the end of the year to any amount. 10 Buyer has read the terms, agrees to the terms, and has discussed the lease with Lessor. Buyer represents that Lessor has consented to the assignment of the lease. Buyer understands that the lease is for one year only and that Lessor can change or modify the lease at the end of the first year. II Seller represents that he is licensed to collect sales tax, # . Buyer understands that Buyer must secure a new lease under Sales Tax Information Trade Form (Rev-1705), from the Department of Revenue. 12 Seller represents that equipment is in working order and will provide any maintenance manuals and equipment information in Sellers possession. IN WITNESS WHEREOF the parties set forth their hands and seals the date above. WI SS SELLE ?? LS Sun Sik Choe BUYER Kang Bok Kim JUDGMENT NOTE (to be added) EQUIPMENT (to be added) UCC DOCUMENTS (to be addd) FILE M"Y COMMERCIAL LEASE Fit This Agreement of Lease made this day of ? 2004._ Between HOOVER, HOOVER and SHEARER,, a partnership (Leer) and KANG BOK KIM, T/A ORIENTAL FOOD T (essee). Witness, that the Lessor, in consideration of the rents and covenants hereinafter mentioned, do demise and lease unto the said Lessee, to be used as a storeroom, situated in the borough of Lemoyne, County of Cumberland, and State of Pennsylvania described as fotbws, to wit: A Storeroom, boated at 829 State Street, Lemoyne, PA, known as 8290. To have and to hold onto the Lessee, subject to the conditions of this on the First of A Agreement, for the term day of 2004 and ending on the Thirty-First day of July, 2005. In consideration of which the said Lessees agrees that they will pay to the Lessor for the use of said premises, the sum of TEN THOUSAND FIVE HUNDRED TEN (510,510) dollars and other consideration hereinafter mentioned payable as hollows: in monthly installments of EIGHT HUNDRED SEENTY-FIVE ($875) dollars in advance on the First day of each calendar month during the term. A five (561e) percent late charge on the sum due will be imposed if rent is not paid on or before the due date. THE DENUSE HEREIN CONTAINED is made and accepted on the following and express conditions: I. No waste shall be committed; and at the end of said term the demised premises shall be delivered in as good condition as at the commencement thereo& ordinary wear and tear and unavoidable damage by fire, tempest and lightning excepted. 2. The rent reserved shall be promptly paid on the several days and times herein specified without deduction or abatement, at the principal office ofthe said Lessor at 416 North Front Street, Wormleysburg, PA 17043. 3. If the Lessee should remove or prepare to remove or attempt to remove from the before the expiration of the tam or at any premises hereby teased in default in the during the continuance ofthis lease, or ifthe Lessee shall be payment of any installment of rant for the period of thirty (30) days or should there be a default in any of the covenants or conditions as herein contained, them in that event, rent for the term of twelve months at the rate which it is then due and collectable under the tams of this lease shall immediately become due and payable and shall be collectable by distraint or otherwise. 4. At the expiration of the term the demised premises will be restored at the option of the Lessor in the same condition in which they were at the commencement of the tam, and the cost of said restoration shall be paid by the Lessee, which cost will be treated as additions! rent due and owing under the terms of this Agreement. 5. A holding over by the Lessee beyond the tam of this lease shall be a renewal of the tam of this lease for another like term, and the said renewal shall be under and subject to all the provisions as contained in this Agreement of Lease; provided, however, that such renewal shall be at the option of the Lessor. 6. The Lessor shall not be liable to the Lessee for any damage which may be caused to the Lessee by the failure of the Lessor, if said failure is not due to any fault on his part, to give possession of the premises herein demised, at the time agreed upon. 7. Said Lessee shall not carry on any unlawful or immoral business in or about the demised premises, and' shall not carry on any business which will endanger the building from fire or cause forfeiture of any ffm insurance the Lessor has or may hereafter have on said building. be determined, whether by forfeiture or otherwise, without any fuuther notice to that effect, all further notice being hereby waived. And on failure to pay rent due for the space of ten days besides the distress, are upon breech of any other condition of this lease the Lessee shall be a non-tenant, subject to dispossession by the said Lessor, without fuuther notice or process of law, with release of error and of damages, and the said Lessor may re-enter the premises and dispossess the Lessee without thereby becoming a trespasser. And the Lessee hereby waives the benefit of all exemption laws of this Commonwealth that now are in force or may hereafter be in force, or in any action that may or actions that may accrue on this contract, and in any distress or distress that may be made for collection of the whole of said rent or any part thereof Waiving also the benefit of stay of execution, inquisition, extension, and all errors, and all proceedings, arising out of this lease. 16. The Lessee will bear, pay and discharge when and as the same become due and payable all judgment and lawful claims for damages or otherwise against said Lessors arising fran its use or oaxipancy of said leased premises or the sidewalk in fruit and side of said premises, and will assume the burden and defense of defending all such suits, whether brought before the expiration of this lease and will and save harmless the said Lessor, his agents, servants, ern t? protest, indemnify account of the use or misuse of the p and public at loge by reason of or on premises hereby leased or the sidewalk in front of the said premises, or any part thereof; due to the negligence of the Lessee or his agents. IT And in consideration of soaring the within lease at the above stated rent, said Lessee does hereby release and discharge said Lesser, his heirs or assigns, from any and all liability for damage that may result from the bursting stoppage and leakage of any water pipe, gas pipe. sewer, basin, water-closet, steam pipe and drain, and from all liability for any and all damage caused by the water, gas, steam, waste, and contents of said water pipes, gas pipes, steam pipes, sewers, basins, water-closets and drains. 18. It is expressly understood by the parties that the whole agreement is embodied in this agreement and that no part or item is omitted. 19. The Lessee does also hereby waive any and all demand for payment of the rent herein provided for, either on the day due or on any other day, either on the land itself or in any other place, and agrees that such demand shall not be a condition of re-entry or of recovery of possession without legal process or by means of any action or proceedings whatsoever. 20. For security reasons, the Lessee agrees that there shall be so overnight parking and that employees shall panic in employees' parking lot at the South side of Store A or at the rear of the West Building. 21. The Lessee will be responsible for any internal extermination needed. 22. The Lessee agrees that all extra work, considered leasehold improvements, such as plumbing electrical, lighting, partitions, flooring etc. will be the responsibility of the Lessee. 23.. The Lessee agrees that sufficient heat will be maintained in the premises in order to avoid bursting pipes; otherwise the Lessee is responsible for damages resulting from the same. 24. The Lessee does hereby relea se and discharge said Lessors, their heirs, or assigns Emm any and all liability for damage that may result from the roof of premises caused by water, ice, snow, and debris, eta that may occur to Lessee's merchandise only. 25. The Lessee agrees that any and all light fixtures needing bulbs, ballasts, wiring or any repairs is the responsibility of the Lessee. 26. The Lessee agrees that this lease is not transferable and that no tenant may lease or sublet any portion of the premises without the written consent of the Lessor. 27. The Lessee agrees that the security, deposit is held until after vacating the premises and used for any emerg premises, other than normal wear and tear. Under no circumstances can said fee be used for the last month's rent. 28. The Lessee agrees that sixty (60) days notice, in writing, must be given when vacating the premise & 29. The Lessee agrees that, under no circumstance, will any items such as satellite dishes, refuse of any kind be placed on the exterior of the premises nor any part of the exterior of the building or parking lot at 829 State Street, known as Hoover's Plaza without written consent of the Lessors. 30. The Lessee agrees that in the event a Security System is placed on the premises the security code will be Supplied to the Lessors to be used only IN CASE OF EMERGENCY. 8. The Lessee agrees to keep the premises in a good condition of repair. All refuse of any kind shall be removed from the premises at the cost of the Lessee at least once a week or oftener, if need be. Should the Lessee fail to comply with the provisions of this clause of the tease, the Lessor may enter the premises and make said repairs or remove said refuse and do all other things as herein provided to be done by the Lessee at the expense of the Lessee, and said expense thus incurred may also be collected as additional refit under the lease. 9. In the event of the filing of a petition in bankruptcy, whether voluntary, or involuntary, herein, there shall become due immediate by or against the at the rate that the rent is then payable under this them o the said petition, rent for twelve months further right in said event, to forfeit and terminate this lease . The said forfeiture to be effects ed have the by g ulda8 notice in writing to the Lessee herein or to the person then in charge of the demised premises. Should an execution issue out of any court, twelve months rent shall thereupon became due and owing. 10. In the event that the premises occupied by the Lessee shall during said term be making the premises untenantable and unfit for occupancy so that the owners thereof destroyed deem by it fire, advisable thereby construct a new building, the Lessor herein shall to thereupon have the right to canal and terminate this lease upon giving fiflem days' notice in writing to the Lessee herein, and the term of this lease shall thereupon case at the expiration of fifteen days after the expiration of said notice. In the event, however, that the said building shall be damaged by fire, but not destroyed, the Lessor will thereupon repaired and restored to its former condition, they do act with the reuse the same to be fire shall has rendered the premises greatest possible diligence, and if the said time when the Lessee herein shall notify the Lessor of such conditi there under shall be suspended from the on, until such time as the building is so shall bye so partially and again ready for oc?cy' and the I.essoe herein agrees that in the event that the building destroyed by fire as to render said repairs necessary that the said Lessor shall thereupon have the right to take possession of the premises for the purpose of making such repairs, and the so taking of possession shall not be and eviction ofthe Lessee herein and shall in not manner effect this term oflease. 11. 'Ihe said Lessee hereby confesses judgment for the rent reserved under this agreement of lease, together with an attorney fee of one hundred percent for collection, and execution may be issued thereon from time to time for any rent due and owing under this lease, and judgment and ejectment as herein provided may be entered concurrently therewith. 12. At the end of said term, whether the same shall be determined by forfeiture or expiration of the term, or upon the breech of any of the conditions of this lease, it is agreed that an amicable action of be entered in the Court of Common Please of Cumberland County, in which the Lessors, hei het may assigns, shall be plaintiff, and the Lessees, and all who come into , thers or oontinuanc of this lease or racier the possession during the term or in favor c the lainti I'a'n shall be defendants, that judgment may be entered thereupon P lIs, without leave of court for the premises above described to have the same force and effect as if a summons in ejectment had been regularly issued, described to have the same force and effect as if a summons in ejectment had been regularly issued, legally served, and returned that writs of habere facias possessionomn with clause of 0, fa, for all costs, may be issued forthwith, waiving all errors and ?? hwhhatsoever in entering said judgment, also waiving right of appeal, writ of error or stay upon 13. And further, it b possessionem which may issue upon the same. agreed and understood that the Lessor, his heirs, or assigns, may enter the premises hereby teased at anytime during the term, either in the presence or absence of the said Lessee fa the purpose of ascertaining whether the said premises are kept in good order and repair during business hours. Further, that the Lessor reserves the right to display a "for rent or sale" card upon the said premises, and to show same to prospective tenants or buyers. 14. All damages or injuries done to the said premises other than those caused by fire or ordinary wear and tear or by the acts or omission of the landlord shall be repaired by the Lessee herein. And the Lessee covenants and agrees to make said repairs upon five days' notice given to him by his Lessor, and if he shall neglect to make said repairs or commence to make the same promptly or within ten days after said notice as given him, the Lessor shall have the right to rpake the said repairs at the expenses and cost of the Lessee, and the amount thereof may be Olecte:d as additional rent accruing for the month following the date of the said repairs, and if the said expense is made at the expiration of the term, then the cost so made may be collected by the landlord as an additional rent for the use of the premises during the entire term.0 15. And the said Lessee hereby accepts lotice to quit, remove from, and surrender up possession of the said demised premises to the said Lessor, his heirs or assigns, at the expiration of the said term, whenever it may V Jane A. Shearer PWOW/MMW HOOVER. HOOVER and SHEARER Bak Kim Oriental Food Market CONSUMFrR NOTICE Cm h not s Contract) Jeaane A. Serer hereby stmes that, with respell to this pc?operty, known as (Name of Licrosee) 829 Stabs Strut I.emav_ne. PA_ I'am acting in the following capacity: (X ) Paitaa/Manager of the property I wkwwlcdge that I have rec rived this notice. (Signature of Consumer) (Dee) VERIFICATION The undersigned, Evan C. Pappas, Esquire, hereby verifies and states that: 1. He is counsel for Plaintiff in the within action; 2. Plaintiff is presently outside of the jurisidiction of the Court and verification cannot be obtained in a timely manner to file Complaint. 3. As counsel for Plaintiff he has sufficient knowledge, information and belief as to the facts contained in the Complaint and such knowledge and information was provided to him by Plaintiff, 4. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 5. He is aware that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Dated: 1 k 13 I ;? t 30 OF n??r-P 21" NOV 17 214 5 "Walmow- a -7i? - SZ) "d , 44 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor w. `r . OF THEZ 2004 NOV 24 ail 8: 38 Sun Sik Choe Case Number vs. Kang Bok Kim 2009-7997 SHERIFF'S RETURN OF SERVICE 11/19/2009 12:35 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 19, 2009 at 1235 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kang Bok Kim, by making known unto himself personally, at 829-K State Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 November 20, 2009 SO ANSWER , "r-low-1 P R THOMAS KLINE, SHERIFF BY Depu y Sheriff !e Coun'yStmo Sheim Te!eosoH. Inc.