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Home My WebLink About01-7245KH FINANCIAL, Plaintiff vs. YUN CHAE YI and YOUNG OK YI, De f endant s : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU1TTY, PENNSYLVANIA : CIVIL ACTION - LAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOT I C I A Le hah demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente {20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA A~AJO PAPJt AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 KH FINANCIAL, Plaintiff VS. YUN CHAE YI and YOUNG OK YI, De f endant s : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is KH Financial (KHF), a partnership owned by H. Kim Ham and Kum S. Hamm with a mailing address of P.O. Box 61793, Harrisburg, PA 17106-1793. 2. Defendants are Yun Chae Yi and Young Ok Yi, husband and wife, adult individuals who reside at 4605 Brian Road, Mechanicsburg, PA 17055. 3. On promissory note February 23, 1997, Defendants executed a written in favor of Plaintiff in the principal amount of $50,000.00, a copy of which is attached hereto as Exhibit 4. From February 23, 1997 through November 20, 1998, Defendants paid $24,629.01 in principal to Plaintiff. 5. On November 20, 1998, at the request of Defendants, and for the purpose of loaning to Defendants additional money, Plaintiff returned to Defendants $24,629.01 and permitted Defendants to start the term of the note over from the beginning such that from November 20, 1998 forward, Defendants were to make 36 payments of $1,782.64 to Plaintiff as called for in the aforesaid promissory note with the first payment due December 23, 1998. 6. The two checks evidencing the payment of Plaintiff to Defendants of $24,629.01 as set forth in paragraph 5 above, are attached hereto as Exhibit ~B". 7. Defendants have defaulted in their repayment obligations as per the terms of the promissory note. 8. As of November 23, 2001, the date the 36tn payment should have been made, the unpaid balance owed to Plaintiff by Defendants was $26,070.16. 9. owing. Subsequent to November 23, 2001 a per diem of $12.1422 is 10. The aforesaid promissory note provides for the recovery of Attorney fees which in this case are 1/3 of $26,070.16, or $8,690.05. WHEREFORE, Plaintiff requests judgment against Defendants in the amount of $26,070.16 plus $8,690.05 Attorney fees plus whatever per diem charge accrues subsequent to November 23, 2001 up until the date of judgment. YOFFE & YOFFE, P.C. F~E~N. YO~Fff) ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 KH FINANCIAL, Plaintiff vs. YUN CHAE YI and YOUNG OK YI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : : VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true 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 unsworn falsification to authorities. KH FINANCIAL Dated: BY.~__~~~~ Narae: H. Kim Ham Title: Partner Dated: KH FINANCIAL Name: Kum S. Ham Title: Partner A295-10 PROMISSORY NOTE R293-04 $ ~.~0.000.°''~'~ Dated: Principal Amount _ State of //'~ ,/~. FOR/VALUE REC E , t undersigned hereby jointly aqd severally promise 1o pay to t~ ~der of Dollars ($ ~ ~. ~ ~ ), Ingather with interest thereo~ at the rate of / ~ ~ per annum on t~ unpaid balance. Said sum shall be paid in the manner following: All payments shall be first applied to inlerest and the balance to principal. This note may be prepaid, at any time, in whole or in part, without penalty. All prepayments shall be applied in reverse order of maturity. This note shall at the option of any holder hereof be immediately due and payable upon the failure to make any payment due hereunder within days of its due date. In the event this note shrill be in default, and placed with an altorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within five (5) days of due date shall be subject to a late charge of % of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand, presentment and pro,est end all notices thereto and further agree to remain bound, notwithstanding any extension, renewal, modification, waiver, or other indulgence by any bolder or upon the discharge or release of any obligor hereunder or to this note, or upon the exchange, substitution, or release of any collateral granted as security for this note. No modification or indulgence by any holder hereof shall be binding unless in writing: and any indulgence on any one occasion shall not be an indul- gence for any other or future occasion. Any modification or change of terms, hereunder granled by sny holder here- of, shall be valid and binding upon each of the undersigned, notwithstanding the acknowledgment of any of the undersigned, and each of the undersigned does hereby irrevocably grant to each of Ibe others a power of attorney to enter into any such modificalion on their behalf. The rights of any holder hereof shall be cumulative and not neces- sarily successive. This note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State first appearing at the head of Ibis note. The undersigned bereby execute this note as principals and not as sureties. $1gned ia tbe presence of: /~ ~, .~,~ ~ Wilne~s / / ~ Bnrr~w~ ~ ' ~' ' ~.~ Witness B orr~,~e(J ,,~-~A~J ~ GUARANTY We the undersigned jointly sed severally guaranty the prompt snd punctual payment of Ill moneys dun under the aforesaid note and agree to remain bound until fully paid. Witness Ouarentor olll!l, il,,!!lJl. PAY TO TIlE ORDER OF MEMO ~...~.~.~. ~,, !.~!~ P.O. BOX 61793 H942~ /¥ HARRISBURG, PA 171~-1793 DA~ ~800'~03i7 310 tO tog2 t093 m'-O 3 ~Oh? ~Om'. Il" ~ l,,,,qt, ~0"" ~ ~NB ,~'000 ~000000," SHERIFF,s RETURN - REGULAR CASE NO: 2001-07245 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KH F IN__ANc IAL VS YI YUN CHAE ET AL BRYAN WARD _, Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE YI YUN CHAE ---------_____ was served Upon DEFENDANT , at 2050:00 HOURs, at 4605 BRIAN ROAD ~ECHANICSBURG, PA 17055 YOUNG OK YI the on the 2nd day of ~, by handing to 2002 a true and attested copy of COMPLAINT & NOTICE __ together with and at the same time directing ~e~ attention to the contents thereof. Sheriff.s Costs: Docketing Service Affidavit Surcharge 18.00 7.80 .00 10.00 35.8 - Sworn and Subscribed to before me this __[.~ day of ~,~ ~2_ A.D. rothon~t ar--~-~' - So Answers: R. Tho-~as K~ne~ 01/03/2002 OVID INC By: SHERIFF's CA~E NO: 2001-07245 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND KH FINANCIAL VS YI YUN CHAE ET AL RETURN - REGULAR BRYAN WARD _, Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon Y_~IYOUNG OK DEFENDANT , at 2050:00 at 4605 BRIAN ROAD MECHANICSBURG, PA 17055 YOUNG OK YI HOURS, the on the _2n~ day of January ~, by handing to 2~002 a true and attested copy of COMPLAINT & NOTICE t°gether with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 10.00 R. Thomas Kline .00 16.00 01/03/2002 OVID INC Sworn and Subscribed to before me this ~ day of By: epu t y~e r~-~f -- ~