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HomeMy WebLinkAbout13-1311 I r 1 _)r' r rZ IN 140 T LVPN I A CrV ':T —� OW10\ PLEAS 7 1 C7)k-_7- I!c'a! District, Courty Of .-RON! MAGISTERJA' RI CT . J 1"G E JUDGMENT COMMON PLEAS No 31� NOTICE OF APPEAL -7 N C'Ice C g:;" 2DPeHaF.: la-_ fired in the above Court of Commc Pleas an appeal f t L:c­e, ­ _rJ ­ _c the M2gisteri2l Dis'rlct J _;dc_e c the date a­d e case referenced below. liST.,N0 MAC. L NAVEC�V]), iA CF 07Y STI-' 7[= cO-E NA S �C- Tu C 7 A^a LILAN7 E OR � ua L i T - . S ir c c Si(__'ne_d Cv_ , ,ot2ticn is required under P-2, i If clia'i'7an C A;'O. C) in actors R. ". D, i t' I C 0 Acpea�, o the Mads'el Dls:rici Judge b_-T�r-e E c' 7 1! 4 tc tte,�_Ccr-ent for.ocs-�esS:on in tNs cFSe. !2G) days a70,5Grg ;. L PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE -,c v, DEFENDA,rN'T (se: oe PRAECIPE: c n Deal N=. cl*'e P N� ,vithn tvient% '20) days setvce Zr S-7er 'T C I =_=nto'nori Gr Sr /tre cf 3r, cr a"tIA-K �1 or alter " YV , RULE: V- ,1_ ar� -c7 i i �a: a rjleis hereby en' red Lpor you to Ilea ccmp!ci in th azpe2l VIT'-In thc d2:e c S r2e_ J vc - -y . serv,ce or by celtf'=d o re2is—red ma! la:n v; this time. a JU 0 NON PROS M AY BE ENT ERED A'.GA' N S e ca - e of t7l's rUlc it serv;;-,ewas by mail is the date of the mailing YOU MUST INCLUDE A COPY OF Tq�JNWIQ5 05 4LqAYR4,T/TRANSCRIP T F d WMI �& IPE OF APPEAL. J ni : Wd I I 8WIE. <: 76 6 COMMONWEALTH OF PENNSYLVAN ; Notice of Ju dgment/Transcript Civil COUNTY OF CUMBERLAND C aS e ' Mag. Dist. No: MDJ- 09 -1 -01 Son Nguyen MDJ Name Honorable Charles A. Clement Jr. V. Address: 9201- inda Lane Sang Ho Kwak, Jean Yong Kwak Cam Hill, PA 17011 Telephone: 717- 737 -3434 Sang Ho Kwak Docket No: MJ- 09101 -CV- 0000451 -2012 d /b /a Golden Gate Pho Restaurant Case Filed: 12/21/2012 1233 N 3rd Street Harrisburg, PA 17102 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09101 -CV -0000451 -2012 Son Nguyen Sang Ho Kwak Judgment for Plaintiff 02/11/2013 MJ- 09101 -CV -0000451 -2012 Son Nguyen Jean Yong Kwak Judgment for Plaintiff 02/11/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Jean Yong Kwak 53,150.50 $0.00 53,150.50 Sang Ho Kwak 53.150.50 $0.00 53,150.50 Son Nguyen 50.00 $0.00 S0.00 Judgment. Detail (`Post Judgment) In the matter of Son Nguyen vs. Sang Ho Kwak; Jean Yong Kwak on 2/11/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civ!l Judgment $3,000.00 S0.00 $3,000.00 Costs $150.50 50.00 5150.50 Grand Total: $3,150.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAPISTERIq,L.DJ§Tli J „UDGESIL G4/ 1 ;= —N .,.,,- ..,...,, `HOLDER ELECTS TO ENTER THE JUDGMENT 1N THE' COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i3 Date Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed 02/12/2013 &42:26AM Son Nguyen Docket No.: MJ- 09101 -CV- 0000451 -2012 V. Sang Ho K\Nak. Jean Yong Kwak Participant List Plaintiff(s) Son Nguyen 7038 Brookdale Drive Harrisburg, PA 17111 Defendant(s) Jean Yong Kwak d /b /a Golden Gate Pho Restaurant 12:33 N. Street Harrisburg, PA 17102 Sang Ho Kwak d /b /a Golden Gate Pho Restaurant 1233 N. 3rd Street Harrisburg, PA 17102 i 1 Complainant's Attorney(s) Allen C. Welch Jr., Esq. 1101 N Front Street Harrisburg, PA 17102 MDJS 315 Page 2 of 2 Printed 02/12/2013 8:42:26AM i'— L g-+ T - T f %'3 MA 19 A 19- 5,* CUMBEP19;N'Ll L,'L! 4 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT P.-C I- C' s e: Ce MUST BE FIL WI THIN TEN 0) DA YS A FTER ril irm oftie n c f --e ol* =p e a,', C,� =,k ap iir able b oxes.) O= P:-:NNSYLVAN1A -=N 7-, OF " S5 AFFIDAVIT: 1 h-eret- = cf Notice of Appeal. Common Pleas No. urc r, the M2C Dis,rict Lif ce des anated:, on 20 ❑ by personal service ,e7—r's 2t end upcn aoce![=--e, (n2m C "ii e cn 2C� E�by pe-83ra servliceKl : r--a bv (ce,71�:Ied) —M'-7 here NED INDSUBSC BEFORE ME S g afa' T -1 9 (�/v U.S. Postal Service,. CERTIFIED MAIL. RECEIPT commission x Prothonotary, um W PA 'w C-W*/A - (Domestic Mail Only, No insurance Coverage Provided) M commission Expires the First M on d ay of fan. 2014 rq Ln on. T.Min-T M. ru CAMP HILL PA 17011 U.S. Postal Service"r. CERTIFIED MAILT. RECEIPT 0 10 6 r- i (Domestic Mail Only; No Insurance Coverage Provided) Ln ni Er 14 Ln For delivery Information visit our website at www.usps.come r-q ce'lified Fee Postmark C:3 Return Receipt Fee $2.555 Herp E] (Endorsement Required) Restricted D e livery Fee L17 (Endorsement 16" Required) rij - Postage & Fees 1 S 46. 11 0 119/ • rr otal J Postmark FU J2— Here 11 zi 1�';- I FSP 0 '. -- .. ... - ---------- --- 10.00 /;�' r-9 Street, Apt. No Ld- w PO Bon No 1 �1 (I (13/18/2013 t, lu Ek i PS Form 3800, August 2006 See Reverse for instructions ------- ---- - SON NGUYEN. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYRVANIA{ VS : No. 13-1311 CIVIL TERM zrn :;a -" Cni tV CrIt SANG HO KWAK and =. JEAN YONG KWAK. `- 7,-.7 - —0 c7)—ri Defendants F—) NOTICE TO PLEAD 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 is 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 further notice for any money claimed in the Amended 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 Countv Bar Association 32 S. Bedford Street Carlisle PA 17013 1-800-990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes,usted tiene viente (20)dias de plazo al partir de la fecha de la excrita o en persona o por abogado v archivar en la corte en forma excrita sus defensas o sus obiectiones a las demande, 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 ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. SON NGUYEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS No. 13-1311 CIVIL TERM SANG HO KWAK and JEAN YONG KWAK, Defendants COMPLAINT—BREACH OF CONTRACT AND NOW comes Son Nguyen,by and through his attorney, Allen C. Welch, Esq., and files the following Complaint, respectfully representing as follows: 1. Son Nguyen is an adult resident of the Commonwealth of Pennsylvania who resides at 7038 Brookdale Drive, Harrisburg, Dauphin County PA 17111. 2. Defendants Sang Ho Kwak and Jean Yong Kwak are believed to be husband and wife residing at an unknown address and doing business as Golden Gate, a restaurant located at 1233 N. Third Street, Harrisburg, :Dauphin County PA 17102. 3. On September 9, 2012, the parties entered into a written Agreement, a true and correct copy of which is attached hereto and marked Plaintiff's Exhibit A, for the sale of personal property, specifically restaurant equipment, for the price of Thirty Two Thousand Five Hundred Dollars ($32,500.00). 4. This Agreement was part of an attempt by Plaintiff to buy a restaurant owned by Defendants and located at 5206 Simpson Ferry Road, Mechanicsburg, Cumberland County, PA 17055, known as the Golden Gate Noodle (Pho) House. 5. The Agreement provided for the good faith deposit payment of Two Thousand Five Hundred Dollars ($2,500.00)which was paid by Plaintiff by his check number 1054 which was tendered by Defendant Sang Ho Kwak on September 11, 2012, and paid by Plaintiff's bank. A true and correct copy of said check is attached hereto and marked Plaintiff's Exhibit B. 6. Paragraph 5 of the Agreement clearly and specifically sets the ability of the Plaintiff to reach agreement on a lease of the premises at 5206 Simpson Ferry Road, Mechanicsburg, Cumberland County PA as a condition precedent to the final execution of the contract that the Agreement represents.. 7. Plaintiff was unable to reach agreement on the terms of a lease from the owner of the Simpson Ferry Road premises prior to October 31, 2012. 8. Under the clear terms of the Agreement, the failure to enter into a lease on or before October 31, 2012, automatically causes the termination of the Agreement and Defendants are obligated to "return [Plaintiff's] $2,500 deposit to [Plaintiff] within seven(7) business days." 9. Demand has been repeatedly made and repayment of the amount due refused, thus constituting a Breach of the Contract. 10. Plaintiff has had to incur attorney's fees and court costs to bring suit in this matter, and asks that those fees and costs as well. WHEREFORE it is respectfully prayed that the Court will grant Judgment for the Plaintiff in this matter and award him Two Thousand Five Hundred Dollars ($2,500.00)plus costs of this action plus attorney's fees. RESPECTFULLY SUBMITTED: (�1 Allen C. Welch, Esq. 1101 N. Front Street Harrisburg PA 17102 Phone: 717-350-1002 Fax: 717-234-3650 ID#34962 Agreement for the Sale of Personal Property 1. This Agreement,dated 9th day of September,2012, is between Sang Ho Kwak and Jean Yong Kwak,jointly and singly referred to herein as"Seller,"and Son Nguyen,referred to herein as"Buyer." 2. Seller hereby agrees to sell and convey to Buyer,who hereby agrees to purchase,all Personal Property described in Exhibit A attached hereto for the consideration of$32,500.00 United States dollars. The monies will be paid to Seller by Buyer in the following manner: Deposit from Buyer at the signing of this Agreement: $2,500.00 Check from Buyer at the settlement of this Agreement: $30,000.00 3. Seller hereby warrants that Seller is the true and lawful owner of the Personal Property with good right to transfer the same as provided herein. The Personal Property hereby conveyed shall be conveyed AS IS,WHERE IS. Excepted from this Paragraph are those items specifically marked as leased by Seller in Exhibit A. 4. The Settlement of this agreement shall.be contingent upon Buyer entering into a lease agreement"Lease"with the owner of the real property that Seller's business now occupies. Said real property is known as 5206 Simpson Ferry Rd,Mechanicsburg PA 17055 and is currently occupied by Seller's business, Golden Gate Noodle(Pho)House. 5. If Buyer is unable to enter into Lease on or before October 31,2012,this agreement shall terminate, and Seller shall return Buyer's$2,500 deposit to Buyer within seven(7)business days. Upon termination of this Agreement and return of Buyer's deposit,the parties shall forever release,discharge, and hold each other harmless for failure to consummate this Agreement. 6. Settlement shall occur within seven(7)days of the Lease contingency in Paragraph 5 being met at a time and location agreed to by all parties. IN WITNESS WHEREOF,we hereby execute this Agreement: �F45 � /I OL2012 Witness J Yo Kw Selle f / 0/ 012 Witness o �wak, Seller 01 Wi Son Nguyen, 2/11/13 Check knaves METRO BANK Check Images Account: TOTALLY FREE CHECKING(*9181) Check Number: 1054 Date Posted: 9/12/2012 Amount: $2,500.00 Zoom In Q Zoom Out Q Print SON NCAUYEN 03-" 1054 MW BROOKDALE DR FFo-1B4r3t7 HARRISBUmG,PA,7111 13 J I 01 ra—^ FH9 DATE PAYTIDTHE t $ a,5*0- oO ORDER Of W ,U D011ARS L'J METRO NVRBANK 1:03130 &&461: 53 66 29 W LM• LO54 a ) =�nn'f_- r Gi - � a a s• ' Technical Support:800-2D4-0541 Copyright 02009 Metro Bank Or*ne Banking. Member �: AN Rights Reserved.-Metro Bank is a wholly owned subsidiary of Metro Bancorp,Inc.and is not affiliated with Metro Bank Ltd,Great Britain is Pew,-r\A-'f Ex� �,�& 6 ja VERIFICATION I, Son Nguyen, do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I make this verification mindful of the penalties provided it is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities Date: Son Nguy SON NGUYEN. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA VS No. 13-1311 CIVIL TERM SANG HO KWAK and JEAN YONG KWAK. Defendants AFFIDAVIT OF SERVICE Thi day of March, 2013, I hereby certify that a true and correct copy of the within Complaint—Breach of Contract was served upon the Defendants by first class mail, postage prepaid, addressed to their place of business 1233 N. Third Street, Harrisburg PA 17102. N Allen C. Welch. Esq.