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HomeMy WebLinkAbout06-1435 LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 Attorney for Plaintiff JIAN FEI XIAO 303 West Ridge Street Carlisle, PA 17013 Plaintiff VS. MU CHING CHU 318 Acre Drive Carlisle, PA 17013 And HSIU LIN TSENG 318 Acre Drive Carlisle, PA 17013 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OL - I43S (1(-) L'c- ?Ivj CIVIL ACTION - BREATH OF SALES AGREEMENT Defendants 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 OBJECTION TO THE CLAIMS SEC FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO_ THE CAST: MAY PROCEED AGAINST YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY I I IF COURT W FFHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN 'FHE COMPL.AIN'I OR FOR ANY 01 HER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR O"I HER RIGI-I FS IMPORTANT TO YOU. YOU SHOULD'FAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW YER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI 1 BELOW AND FIND OUI WHERE YOU CAN GET LEGAL I IELP. rIBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, PA. 17013 (717) 249.3166 OR (800)-990-9108 LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2"d FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 Attorney for Plaintiff JIAN FEI XIAO 303 West Ridge Street Carlisle, PA 17013 Plaintiff VS. MU CHING CHU 318 Acre Drive Carlisle, PA 17013 And HSIU LIN TSENG 318 Acre Drive Carlisle, PA 17013 Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 06- IV35' Curcr ?A.?^ CIVIL ACTION - BREACH OF SALES AGREEMENT COMPLAINT 1. Plaintiff, Jian Fei Xiao, is an adult individual who resides at 303 West Ridge Street, Carlisle, PA 17013. 2. Plaintiff was and still is the owner of fifty percent (50%) share of the Carlisle Super Buffet, Inc. located at 40 Noble Blvd., Building#2, Suite 60, Carlisle, PA 17013. 3. Defendant, Mu Ching Chu, is an adult individual who resides at 318 Acre Drive, Carlisle, PA 17013. 4. Defendant Mu Ching Chu was and still is the owner of twenty five percent (25%) share of the Carlisle Super Buffet, Inc. located at 40 Noble Blvd., Building#2, Suite 60, Carlisle, PA 17013. 5. Defendant Hsiu Lin Tseng is an adult individual who reside at 318 Acre Drive. Carlisle. PA 17013. 6. Defendant Hsiu Lin Tseng was and still is the owner of twenty five percent (25%) share of the Carlisle Super Buffet, Inc. located at 40 Noble Blvd., Building#2, Suite 60, Carlisle, PA 17013. 7. On September 30, 2003, Plaintiff and Defendants entered into an agreement in which Plaintiff agrees to purchase and Defendants agree to sell the fifty per cent (50%) share of the Carlisle Supper Buffet, Inc, for the total price of Two Hundred Ten Thousand U.S. dollars ($210,000). Pursuant to the agreement, Defendants acknowledged receipt of thirty thousand U.S. dollars ($30,000) deposit from Plaintiff. The deposit shall not be returned to Plaintiff if Plaintiff refuses to buy in breach of the agreement and sixty thousand U.S. dollars ($60,000) shall be paid by Defendants to Plaintiff if Defendants refuse to sell in breach of the agreement. 8. Defendants refused to sell in breach of the agreement. 9. Defendants refused to return the deposit or pay $60,000 to Plaintiff for the breach of the agreement. 10. Defendants' refusal to sell in breach of the agreement and refusal to return the deposit or refusal to pay $60,000 to Plaintiff have caused Plaintiff financial losses. 11. Defendants refused Plaintiff's request for access to the corporate and/or accounting records of the Carlisle Super Buffet, Inc. WHEREFORE, Plaintiff Jian Fei Xiao demands judgment against Defendants Mu Ching Chu and Hsiu Lin Tseng for the financial loss due to Defendants' refusal to sell, refusal to return the deposit or to pay $60,000, and refusal to Plaintiffs request for access to corporate and/or accounting records, in the amount of not less than $60,000, plus interest due up to the date of judgment. Eleanor H. Chen, Esquire Attorney for Plaintiff Dated: ,3/1312CUL I, )-;ca }ei XiAq verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities. Plaintiff (?i.-{,e _ 0 3 /, ? /2-c o 6 Crt VI) 6' JIAN FEI XIAO Plaintiff V. MU CHING CHU, and HSIU LIN TSENG Defendants TO: Jian Feixiao c/o Eleanor H. Chen, Esquire 1004 Arch Street Philadelphia, PA 19107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 CIVIL TERM BREACH OF CONTRACT CIVIL ACTION NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Date: March 27. 2006 Respectfully Submitted, Rominger & Whare 1 E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants RAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Jian Fei Xiao initiated a suit against answering Defendants, Mu Ching Chu and Hsiu Lin Tseng by filing the same with the Cumberland County Courthouse on March 14, 2006. 2. Said suit was sent by registered mail/return receipt to answering Defendants. 3. The Complaint appears to be a in assumpsit in an alleged Breach of Contract. COUNT I. MOTION TO DISMISS FOR IMPROPER SERVICE PER Pa R. C. P.1028.(1) 4. Previous paragraphs are incorporated by reference. 5. Pursuant to the Rules of Civil Procedure including Rule 400 et seq, service of a Complaint in Trespass or Assumpsit, when it is an original process, as it is in this case, can only be made by the Sheriff or his properly authorized designee. 6. Service in this instance violates the Rules of Civil Procedure. WHEREFORE, Defendants respectfully requests that the Complaint and Suit be stricken for lack of proper service. COUNT II. FAILURE TO COMPLY WITH Pa R. C. P.1019 (i) 7. Previous paragraphs are incorporated by reference. 8. When a lawsuit is based upon a written contract, the contract is to be attached. 9. No such contract is attached to Plaintiff's Complaint, and as such it is defective. 10. The Complaint includes no paragraph or averment which explains why the writing could not be attached. WHEREFORE, Defendants respectfully requests that this Honorable Court strike the Complaint for failure to comply with Rule of Civil Procedure 1019 (i). Date: March 27, 2006 Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants JIAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendants, do hereby certify that I this day served a copy of the Defendants Preliminary Objections to Plaintiff's Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Eleanor H. Chen, Esquire 1004 Arch Street, 2nd Floor Philadelphia, PA 19107 Dated: March 27, 2006 Respectfully submitted, ROMINGER & WHARE arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants '; '_° C7 ,i -?? _i i'z T, [:` `i 't C=J rT? ? x M, .S7 .{ RAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Mu Ching Chu in the above captioned case. Date: 7 0.44( Respectfully submitted, ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant N ' C- `i7 --{ f llT ?? . ? CG7 i ,.? ?- <_ ? C- _i ` 7 Ci _; BAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION N CJ PRAECIPE TO ENTER APPEARANCE "T ci TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Hsiu Lin Tseng, in the'abov`e? 4+- a captioned case. C-- Az!? ? Respectfully submitted, Za6 Date: 2a G ROMINGER & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 Attorney for Plaintiff JIAN FEI XIAO 303 West Ridge Street Carlisle, PA 17013 Plaintiff VS. MU CHING CHU 318 Acre Drive Carlisle, PA 17013 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 And CIVIL ACTION - HSIU LIN TSENG : BREACH OF SALES AGREEMENT 318 Acre Drive Carlisle, PA 17013 Defendants Praecipe to Attach the Sales Agreement to the Complaint 1. The Plaintiff s complaint for the above captioned matter was filed in this Court on March 14, 2006. 2. The Plaintiff requests that the attached Sales Agreement be attached to the Complaint. Respectfully submitted Eleanor H. Chen, Esquire Attorney for Plaintiff, Jianfei Xiao 1004 Arch Street, 2"d Floor Philadelphia, PA 19107 Tel: (215) 829-0816 Dated: April 10, 2006 41 l5 r .?? J w "'VVV d l i ra ? 1 f? ! i J1 4. I 1 I l RECEIPT September 30, 2003 Received thirty thousand dollars ($30,000) deposit from Jianfei Xiao for the purchase of fifty per cent total shares of the Super Buffet located at 40 Nable Boulevard. Suite 60. tHie deposit shall not be returned to the purchaser if purchaser refuses to buy in breach of the agreement and sixty thousand U.S. dollars ($60,000) shall be paid by the sellers to the purchaser if the sellers refuse to sell in breach of the agreement. The transaction will be handled by the attorneys for both parties and the balance one hundred eighty thousand dollars ($180,000) shall be paid by the purchaser to the sellers at the settlement. Seller: Mu Ching Chu (signed) Purchaser: Jianfei Xiao (signed) Seller: Hsiu Lin Tseng (signed) i?, _? t .. _? LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 Attorney for Plaintiff JIAN FEI XIAO Plaintiff VS. MU CHING CHU And HSIU LIN TSENG Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1435 CIVIL TERM CIVIL ACTION - BREACH OF SALES AGREEMENT NOTICE TO PLEAD To: Mu Ching Chu AND Hsiu Lin Tseng c/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17103 You are hereby notified to file a written response to the enclosed within twenty (20) days from the service hereof or a judgment may be entered against you. Dated: April 17, 2006 Eleanor H. Chen, Esquire 1004 Arch Street, 2nd Floor Philadelphia, PA 19107 (215) 829-0816 LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE Attorney for Plaintiff BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2"d FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 JIAN FEI XIAO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. MU CHING CHU NO. 06-1435 CIVIL TERM And CIVIL ACTION - HSIU LIN TSENG : BREACH OF SALES AGREEMENT Defendants PLAINTIFF'S WRITTEN RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Plaintiff's Complaint and Notice was served upon each defendant respectively by a certified mail with return receipt request on March 18, 2006. 2. Plaintiff's Complaint and Notice was also served upon each defendant respectively in person by the Comberland County Sheriff on April 5, 2006. Plaintiff s Complaint and Notice including attachment of the Sales Agreement was served upon each defendant respectively in person by the Comberland County Sheriff on April 5, 2006. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendants' requests to strike the Plaintiff S Complaint. PLAINTIFF REQUESTS FOR DISQUALIFYING DEFENDANTS' COUNSEL FOR CONFLIC OF INTERESTS. 4. Previous paragraphs are incorporated by reference. 5. Defendants' counsel, his firm, his partner or/and his attorney employee, was the legal counsel for the Carlisle Super Buffet, Inc., in which the Plaintiff was and still is the owner of fifty per cent (50%) share, the Defendant Mu Ching Chu was and still is the owner of twenty five per cent (25%) share, and the Defendant Hsiu Lin Tseng was and sti I I is the owner of twenty five per cent (25%) share. 6. The sale of the Carlisle Super Buffet, Inc. is the subject matter of this suit. A serious conflict of interest occurred with the appearance for the Defendants' Counsel. WHEREFORE, Plaintiff respectfully requests that this Honorable Court disqualify the Defendants' attorney in this case and strike the Preliminary Objection to the Plaintiff's Complaint filed by the Defendants' counsel. PLAINTIFF REQUESTS FOR DISQUALIFYING DEFENDANTS' COUNSEL AS A WITNESS FOR DEFENDANTS 8. Previous paragraphs are incorporated by reference. 9. The Defendants' counsel has known of the said conflict of interest. 10. The said counsel's acting as the Defendants' witness will be seriously prejudiced to the Plaintiff, and in violation of the ethical rule for attornevs. WHEREFORE, Plaintiff respectfully requests that this Honorable Court disqualify the Defendants' counsel as a witness for the Defendants. Respectfully submitted Dated: April 17, 2006 Eleanor H. Chen, Esquire 1004 Arch Street, 2° Floor Philadelphia, PA 19107 (215) 829-0816 Attorney for Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 CIVIL TERM CIVIL ACTION - BREACH OF SALES AGREEMENT CERTIFICATE OF SERVICE I, Eleanor H. Chen, Esquire, attorney for defendants, do hereby certify that on this day I served a copy of the Plaintiff s Written Response to the Defendant's Preliminary Objection to the Plaintiff s Complaint upon the following by depositing same in the United States Mail, first class postage prepaid at Philadelphia, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17103 Respectfully submittted LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 JIAN FEI XIAO Plaintiff Vs. MU CHING CHU And HSIU LIN TSENG Defendants Dated: April 17, 2006 Eleanor H. Chen, Esrire 1004 Arch Street, 2° Floor Philadelphia, PA 19107 (215) 829-0816 ..., ,; ., SHERIFF'S RETURN - REGULAR Y CASE NO: 2006-01435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JIAN FEI VS CHU MU CHING ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHING the DEFENDANT , at 1436:00 HOURS, on the 5th day of April , 2006 at 318 ACRE DRIVE CARLISLE, PA 17013 by handing to MU CHING CHU a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 .00 32.79 Sworn and Subscribed to before 40 me this J?- day of >2o(Z A. D. So Answers: R. Thomas Kline 04/06/2006 ELEANOR CHEN By: D u y eri f Prothonotary 4 CASE NO: 2006-01435 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND XIAO JIAN VS CHU MU CHING ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TSENG HSIU L the DEFENDANT , at 1436:00 HOURS, on the 5th day of April 2006 at 318 ACRE DRIVE CARLISLE, PA 17013 by handing to MU CHING CHU, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /F day of a"G A.D. So Answers: R. Thomas Kline 04/06/2006 ELEANOR CHEN By: D ut h iff Prothonotary RAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1435 CIVIL. TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OP CONTRACT Defendants : CIVIL ACTION MOTION TO COMPEL DEPOSITION AND NOW, comes Mu Ching Chu and Hsiu Lin Tseng, by and through their counsel, Karl E. Rominger, Esquire, in support of his Motion to Compel Deposition avers as follows: 1. Plaintiff was scheduled for a deposition on June 14, 2006, at 2:00 o'clock p.m. at 155 South Hanover Street, Carlisle (attached as Exhibit "A"). 2. Plaintiffs counsel responded with a letter to Defendant's counsel stating that Plaintiff and Plaintiffs counsel would not be attending said deposition on the basis that there was a conflict of interest by Defendant's being represented by undersigned counsel (attached as Exhibit "B-). 3. Defendant's counsel believes that there is no conflict and that the deposition of Plaintiff is needed to resolve issues currently pending in the case. WHEREFORE, Defendant's respectfully request that the Court issue an Order directing Plaintiff to be deposed. Date: July 27, 2006 Respectfully Submitted, Rominger & Whare Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant's JIAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF " Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do certify that I this day served a copy of the within Moeion to Compel Deposition upon the following by depositing the same in the United States mail postage prepaid addressed as follows: Eleanor H. Chen, Esquire 1004 Arch Street, 2nd Floor Philadelphia, Pennsylvania 19107 Respectfully Submitted, Rominger & Whare Date: July 27, 2006 ;Z? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant's ?? '"TZ f ?? t.'° = i ?'I em F ... "?? ' _ ? "+'7 f,',.. ? ?. ,: ?- -C JIAN FEI XIAO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1435 CIVIL MU CHING CHU, and HSIU LIN TSENG BREACH OF CONTRACT Defendants CIVIL ACTION ORDER OF COURT AND NOW, this 15t day of August, 2006, upon consideration of the Motion to Compel Deposition, a rule is issued upon the Defendants to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 20 days from service. By the Court, ,4(arl E. Rominger, Esquire Attorney for Defendants leanor H. Chen, Esquire Attorney for Plaintiff bas M. L. Ebert, Jr., W \- O O L' lr 1 I i M1M1 Cy1? JIAN FEI XIAO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 06-1435 CIVIL V. MU CHING CHU, and HSIU LIN TSENG BREACH OF CONTRACT Defendants CIVIL ACTION AMENDED ORDER OF COURT AND NOW, this 2nd day of August, 2006, upon consideration of the Motion to Compel Deposition filed by the Defendants, a rule is issued upon the Plaintiff to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 20 days from service. The Order of Court dated August 1, 2006 is hereby VACATED. By the Court, th(arl E. Rominger, Esquire Attorney for Defendants .fieanor H. Chen, Esquire Attorney for Plaintiff bas t M. L. Ebert, J 1 V 60 O. i? ,? ? i`1e °i, ''.. i ;? lL nv LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 Attorney for Plaintiff JIAN FEI XIAO 303 West Ridge Street Carlisle, PA 17013 Plaintiff VS. MU CHING CHU 318 Acre Drive Carlisle, PA 17013 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 Civil Term And CIVIL ACTION - HSIU LIN TSENG : BREATH OF SALES AGREEMENT 318 Acre Drive Carlisle, PA 17013 Defendants WRITTEN NOTICE OF INTENTION TO FILE PRACIPE TO ENTER JUDGMENT BY DEFAULT To: DEFENDANTS Date of Notice: 08/0312006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. .V .-N. IF YOU CANNNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. dBERLAND COUNTY BAR ASSOCIAT 2 LBmrty Avenue CARLISLE, PA. 17013 (717) 249-3166 OR (800)-990-9108 Eleanor en, s uire Attorney for PlaintN Dated: Y131o6 I LAW OFFICES OF ELEANOR H. CHEN, ESQUIRE BY: ELEANOR H. CHEN, ESQUIRE IDENTIFICATION NO: 76161 1004 ARCH STREET, 2nd FLOOR PHILADELPHIA, PA 19107 (215) 829-0816 JIAN FEI XIAO 303 West Ridge Street Carlisle, PA 17013 Plaintiff VS. MU CHING CHU 318 Acre Drive Carlisle, PA 17013 And HSIU LIN TSENG 318 Acre Drive Carlisle, PA 17013 Defendants Attorney for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1435 Civil Term CIVIL ACTION - BREATH OF SALES AGREEMENT CERTIFICATE OF SERVICE This is to certify that I have this day served Defendants in the foregoing matter with one copy of each of the WRITTEN NOTICE OF INTENTION TO FILE PRACIPE TO ENTER JUDGMENT BY DEFAULT having same delivered by U.S. Mail postage prepaid, as follows: Mu Ching Chu C/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Dated: P1 3/o6 Hsiu Lin Tseng 318 Acre Drive Carlisle, PA 17013 Eleanor en, Esquire Attorney for Plaintiff -racer, G 7i,` .a JIAN FEI XIAO : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V8. MU CHING CHU HSIU LIN TSENG Defendants : NO. 06-1435 Civil Tetra CIVIL ACTION - BREATH OF SALES AGREEMENT PLAITIFF'S ANSWER TO MOTION TO COMPEL DEPOSITION Plaintiff Jian Fei Xiao, by and through his counsel Eleanor H. Chen, Esquire answering to the Motion to Compel Deposition, respectfully alleges, upon information and belief, as follows: Karl E. Rominger's partner/associate, James I. Nelson was the attorney for Carlisle Supper Buffet, Inc (the Company). 2. Mr. James I. Nelson prepared, retained, and refused to disclose to the Plaintiff's current counsel, the Company's documents. 3. Mr. James I Nelson was paid by the Company. 4. Plaintiff was and still is the owner of fifty per cent (50%) share of the Company, the Defendant Mu Ching Chu was and still is the owner of twenty five per cent (25%) share of the Company, and the Defendant Hsiu Lin Tseng was and still is the owner of twenty per cent (25%) share of the Company. 5. A dispute occurred between the Plaintiff and the Defendants concerning a sales agreement in which Plaintiff agrees to purchase and the defendants agree to sell the fifty per cent (50%) share of the Company. 6. Plaintiff filed a complaint against the defendants for breach of the sales agreement in this Court on March 14, 2006. 7. Karl E. Rominger, Esquire entered his appearance for the Defendant, Mu Ching Chu on March 28, 2006. 8. Plaintiff truly believes that a serious conflict of interest occurred due to Karl E. Rominger's appearance for the Defendant, Mu Ching Chu. 9. Plaintiff does not oppose deposition on him by the Defendant, but to protect the Plaintiff's interest, the Plaintiff requests that his concern for the conflict of interest be adjudicated by the Court before a deposition on him can be conducted by the Defendant's counsel. WHEREFORE, Plaintiff respectfully requests that his concern for conflict of interest be adjudicated by the Court before a deposition on him can be conducted by the Defendant's counsel. Respectfully submitted, Dated: August 3, 2006 ` Eleanor H. Chen, Esnire 1004 Arch Street, 2" Floor Philadelphia, PA 19107 (215) 829-0816 JIAN FEI XIAO Plaintiff VS. MU CHING CHU HSIU LIN TSENG Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 CiviiTerm : CIVIL ACTION - : BREATH OF SALES AGREEMENT CERTIFICATE OF SERVICE This is to certify that I have this day served Defendants in the foregoing matter with one copy of each of the PLAITIFF'S ANSWER TO MOTION TO COMPEL DEPOSITION having same delivered by U.S. Mail postage prepaid, as follows: Mu Ching Chu C/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Hsiu Lin Tseng 318 Acre Drive Carlisle, PA 17013 Eleanor H. Chen, squire Attorney for Plaintiff Dated: ? 13 /0 6 ^yT 0 ga T O` G 7 ? .ts `p zo MAN FEI XIAO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG Defendants 1. Admitted. 2. Admitted. 3. Admitted. BREACH OF CONTRACT CIVIL ACTION WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiff's request. 4. Requires no response. 5. Denied. Strict proof of the same is demanded at trial. By way of further answer it averred that Carlisle Super Buffet, Inc.'s formal counsel was Michael J. Hanfi, Esquire. 6. Admitted in part and denied in part. It is admitted that it involves the sale of ownership interest in Carlisle Super Buffet, Inc. but it is a transfer of shares pursuant to a sales agreement that is the actual subject matter of the suit. 7. A conclusion of law which requires no answer. By way of further answer, if an answer is deemed required it is denied that there is any conflict of interest. WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiff's request. 8. Requires no response. 9. Denied. Strict proof of the same is demanded at trial or hearing. 10. Denied. Insomuch as it makes factual averments and insomuch as a conclusion of law requires o answer. WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiff's request. NEW MATTER 11. Previous paragraphs are incorporated by reference. 12. Plaintiff's counsel and Plaintiff attempt to disqualify Defense counsel on the basis of a conflict of interest. IF 13. Current counsel for Defendants has only directly provided work for answering Defendants and has not acted as a primary attorney for Carlisle Super Buffet, Inc. 14. Any conflict which is alleged to have existed at any point, if in fact it did exist, was known to all the parties and proper consent was obtained from Tian Fei Xiao and/or he acquiesced and waived this issue by failing to attempt to disqualify counsel. 15. The third request "Plaintiff's Requests for Disqualifying Defendant's Counsel as a Witness for Defendant's" is confusing and is unclear as to what counsel for Plaintiff means by this particular request. WHEREFORE, Defendants respectfully request this Honorable Court deny the relief requested. Respectfully Submitted, Rominger & Whare Date: August 9, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant's JIAN FEI XIAO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1435 CIVIL TERM MU CHING CHU, and HSIU LIN TSENG : BREACH OF CONTRACT Defendants : CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant's do hereby certify that I this day served a copy of the within Defendants Mu Ching Chu And Rsiu Lin Tseng's Answer To Plainti"s Written Response To Defendant's Preliminary Objections To PlaintifJ"s Complaint And Defendant's Other Requests Contained Therein upon the following by depositing the same in the United States mail postage prepaid first class addressed as follows: Eleanor H. Chen, Esquire 1004 Arch Street, 2°d Floor Philadelphia, Pennsylvania 19107 Respectfully Submitted, Rominger & Whare I--\ I Date: August 9, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant's ? ? t?, ? ?? ? cn ? w .? _,:. +??' -? ?? ? ?? w -+ Curtis R. Long Prothonotary Office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6L-1Y3,5 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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